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Key Points On ‘Plea Bargaining’

January 3, 2015


1. Chapter XX1A of the Code of Criminal Procedure,1973 (Cr.P.C) deals with Plea Bargaining.

2. It is introduced in 2006

3. This Chapter contains sections 265A to 265 L

4. It has application where offence attracts imprisonment NOT exceeding 7 years

5. It is NOT applicable where the offence affects Socio-economic Conditions of the Country

6. Plea bargaining will not be allowed where the offence has been committed against a Woman, or a Child below where the offence

7. Accused will be examined in camera by the court to know whether he is voluntarily made the application or not

8. Accused must submit an affidavit submitting that he voluntarily made the application without any threat or coercion

9. Accused may withdraw his plea bargaining application at any statge

10. If plea bargaining is approved by the court, accused may sentenced upto ¼ of imprisonment if the offence is not punishable with minimum punishment. If offence is punishable with minimum punishment, accused will be sentenced to half of the minimum punishment.

11. Accused may be released on probation of good conduct applying Probation of Offenders Act.

12. There is no appeal for judgment given under this method. But, it can be challenged by way of Writ

13. Remand period of accused shall be set off under section 428 of Cr.P.C

14. The court will record Mutually satisfactory Disposition by hearing accused, Victim, and APP/PP

15. Accused may take assistance of his lawyer under this method

16. It applies to police cases and Private complaints.

17. This Chapter does not apply to Juveniles in conflict with law or Children under the Juvenile Justice Act,2000.

18. If it is police case, plea bargaining application must be made after charge sheet is filed. In private complaints, this application is to be made, after taking cognizance of the offence.

19. Provisions of this Chapter (XXI-A of Cr.P.C) shall remain, notwithstanding anything contained in Cr.P.C.

20. The statements of facts stated by the accused not to be used for any other purpose except for the plea bargaining.

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