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Source- This post on Report on Minimal Use of Plea Bargaining in India has been created based on the article “Report reveals minimal use of plea bargaining in India” published in “The Hindu” on 27th August 2024.
Why in News?
Recently, the Ministry of Law and Justice recently reported that, nearly two decades after its introduction to reduce case backlogs in Indian courts, plea bargaining remains underutilized.
About the report findings
1. Underutilization of Plea Bargaining: According to the latest data from the National Crime Records Bureau (NCRB) 2022, out of 1,70,52,367 cases that went to trial in Indian courts, only 19,135 cases were disposed of through plea bargaining. This represents a mere 0.11% of the total cases.
2. Concerns Raised in the Report: Despite the provisions of plea bargaining, the actual application of plea bargaining has been “extremely” low. The report also highlighted issues related to the clarity and consistency in the law’s application.
About Plea Bargaining
1. About: Plea bargaining allows an accused to waive their right to plead not guilty and request a full trial. They can also negotiate for a reduced sentence by admitting guilt.
2. Legal Framework: Plea bargaining was incorporated into the Code of Criminal Procedure (CrPC) in 2005, specifically in Chapter XXIA. In section 290 of BNSS, plea bargaining has been made time bound and application can be made within 30 days from date of framing of charge.
3. Applicable Cases: It applies only to offences punishable by up to seven years of imprisonment.
4. Exclusions: It is not applicable in cases involving offences affecting the socio-economic condition of the country or crimes against women and children below the age of 14 years. Plea bargaining is also not available to repeat offenders who have been previously convicted for the same offence.
5. Outcomes: The court may reduce the sentence up to one-fourth of the original punishment prescribed for the offence. The accused may be released on probation or may be sentenced to community service. If no satisfactory agreement is reached, the case is proceeded with as if no plea-bargaining application was made.
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