With recent cases of individuals being accused of violating visa terms and government guidelines due to the Covid-19 pandemic, plea bargaining has emerged as an effective legal avenue for securing release. In this context, it is important to understand the concept of plea bargaining as well as its provision, procedures, advantages, and challenges in India.
Understanding Plea Bargaining
Plea bargaining refers to negotiation between a person charged with a criminal offense (the accused) and the prosecution. The aim of this negotiation is to agree on a lesser punishment than what is provided in law by the accused pleading guilty to a less serious offense. Bargaining may occur regarding the charge itself or the extent of the sentence.
Provision of Plea Bargaining in India
The Code of Criminal Procedure (CrPC) in India has always allowed the accused to plead ‘guilty’ as an alternative to demanding a full trial. However, this does not represent plea bargaining. Plea bargaining was formally introduced in 2006 as part of amendments to the CrPC. Specific guidelines restrict its application to offenses that do not carry a death sentence, life imprisonment, or a prison term exceeding seven years. Other restrictions include offenses affecting the socio-economic conditions of the country, or those committed against women or children under the age of 14.
Procedure of Plea Bargaining in India
In India, the process of plea bargaining can only be initiated by the accused. This differs from some other countries, like the USA, where the prosecutor also plays a major role in negotiations. After the accused applies for plea bargaining, a meeting involving the prosecutor, the investigating officer, and the victim may be held to reach a satisfactory resolution. The sentencing may involve a prison term that is half the minimum period fixed for the offense or compensation payment to the victim by the accused.
Advantages of Plea Bargaining
The Justice Malimath Committee on reforms of the criminal justice system, formed in 2000, highlighted several advantages of plea bargaining. These include the quick resolution of trials, cost savings, reduced anxiety, and a higher conviction rate. The committee also highlighted that plea bargaining offers a way to decongest prisons and may give offenders a chance to make a fresh start.
Challenges of Plea Bargaining
Despite its potential benefits, plea bargaining faces several criticisms. Critics argue that the process usually favors those who cannot afford bail. Another concern is that factors such as poverty, ignorance, and prosecution pressure might force an individual to plead guilty involuntarily. Judiciary verdicts have often disapproved of negotiating with offenders, suggesting that lenient sentences should be considered only after a full trial. Concerns have been raised about a potential compromise of the victim’s right to fair trial, possible coercion by investigating agencies, and corruption in the process.
Moving Forward
Balancing the benefits and challenges, plea bargaining presents a pragmatic solution to address the issue of crowded criminal courts and prisons. It can potentially enhance litigation efficiency and optimize judicial resources, infrastructure, and expenses. However, adequate safeguards must be established to avoid possible misuse of this system.