It has been written by Sweety Singh, a law graduate of Guru Gobind Singh Indraprastha University

According to the Code of Criminal Procedure (CrPC), Plea bargaining is a process where the prosecution and the accused haggle over a plea deal that all parties may accept. The prosecution makes certain concessions, such as fewer charges, a lighter sentence, or dismissing some accusations, in exchange for the accused entering a plea of guilty to a lesser charge or agreeing to assist with the prosecution.

Under the Code of Criminal Procedure in India, the provisions related to plea bargaining are outlined in Sections 265A to 265L. Here is a brief explanation of each section:

1)Section 265 A: According to this, a person who has been charged with a crime may provide a plea of guilty to a lower charge, and the court may then proceed with the case as a result.

2) Section 265 B: This part covers the plea agreement application. It states that the accused and their attorney may submit a written request for a plea agreement at any point before the court sets the charges.

3)Section 265C: This section outlines the process for entering into plea agreements.

4)Section 265D: describes the court's authority in plea negotiations.

5)Section 265E: This section outlines the process for recording the accused's statement during the plea negotiation. Before recording the accused's statement, the court must make sure they are aware of the implications and repercussions of the suggested plea agreement.

6)Section 265F: This section deals with the pronouncement of the judgment based on the plea bargaining.

7)Section 265G: This section specifies the limitation on the sentence that may be imposed under a plea bargain.

8)Section 265F: The judgement rendered following a plea agreement is covered in this section.

9)Section 265G: This provision details the maximum sentence that may be imposed as part of a plea agreement. It states that the maximum sentence set forth for the offence committed by the accused cannot be exceeded by the punishment offered as part of a plea deal.

10) Section 265H: This provision outlines what happens if the defendant violates the terms of the plea agreement.

11)Section 265I: According to this section, the judgement based on the plea agreement is final and cannot be appealed, unless there is an erroneous sentence or the court acted with excessive jurisdiction.

12)Section 265J: This clause guarantees the privacy of the processes involving plea negotiations. It specifies that nothing said or admitted during the plea negotiation process can be utilized against the defendant later on.

13)Section 265K: This section gives the Central Government the authority to create regulations to implement the CrPC's plea bargaining provisions.

14)Section 265L: states that offences carrying a death or life sentence, as well as those committed against women or children under the age of 14, are exempt from the rules of plea bargaining.

It is significant to note that depending on the jurisdiction and unique circumstances of each case.

Positive Aspects of Plea Bargaining

1.Effective Use of Judicial Resources: By settling cases swiftly and effectively, plea bargaining helps to lighten the load on the courts and frees up resources to handle more serious offences.

2.Backlog reduction: By using plea bargaining to resolve cases, the backlog of criminal cases that are still unresolved can be reduced, making the criminal justice system more effective.

3.Clarity and closure: By agreeing to a plea deal, the offender and the victim can experience some clarity and closure because a full trial would otherwise be unclear and time-consuming.

4.Swifter Justice for the Accused: Plea bargaining enables quick punishment or rehabilitative measures for the offender, avoiding the sometimes drawn-out trial procedure.

Negative Aspects of Plea Bargaining

1.The Risk of Coercion: The accused may feel forced to accept a plea deal even if they are innocent or are unsure of the consequences of their choice. This risk exists during the plea bargaining process.

2.Unequal Distribution of Power: The distribution of power between the prosecution and the accused might have an impact on plea negotiations. There is a chance that the prosecution will have more resources, knowledge, and negotiating strength, which could result in unfair conclusions.

3.Less responsibility: Because the complete facts of the case might not be revealed in court during a trial, plea bargaining may lead to less transparency and responsibility. It's possible that the accused's true guilt or innocence won't be sufficiently established.

4.Dissatisfaction and Undermining Public Confidence: If the accused receives a reduced sentence through plea bargaining, it may cause impressions of leniency and weaken public trust in the legal system. Victims, their relatives, and the general public may feel disappointed.

Example - A theft suspect may bargain a plea deal with the prosecution, admitting guilt to a lesser crime like attempted theft or accepting less punishment or fine in exchange for their cooperation or a confession.

Indian Case Laws on Plea Bargaining

1. In Murlidhar Meghraj Loya v. State of Maharashtra (2011), the Indian Supreme Court upheld the legality of plea bargaining under Indian law. It emphasised the necessity to balance the rights of the accused, the interests of the victims, and those of society.

2. Sunil Batra (II) v. Delhi Administration (1978): The Supreme Court ruled that plea negotiations should not be allowed in cases involving serious offences or offences that harm society as a whole because they would erode public trust in the criminal justice system.

Future of Plea Bargaining in India: The CrPC Amendment Act of 2005 brought plea bargaining to India. Since then, it has been applied in a few instances, mostly for crimes carrying a sentence of less than seven years in jail. Plea bargaining's future in India will be influenced by a number of variables, including as new legal reforms, advancements in the legal system, and ongoing analysis of its advantages and disadvantages.