Critical Analysis of “Plea Bargaining” in the Code of Criminal Procedure
By
Phaniraj Kashyap
Sections 265A to 265L is incorporated in the Code of Criminal Procedure (Cr. P.C.) by Amendment Act w.e.f. 5-7-2006 to give effect to the system of “Plea Bargaining”. The salient features of “Plea Bargaining” are summarised thus :
The accused is entitled to avail the benefit of “Plea Bargaining” both in the cases instituted on the police report and as well instituted by way of private complaint under Section 200 Cr. P.C.
The benefit of “plea bargaining” is available to the accused who is not guilty of committing offence punishable with death or life sentence and not exceeding 7 years. The benefit also does not apply if the offence affects the socio-economic conditions of the society and also to the offences committed against women or child below the age of 14 years. The “plea bargaining” is not applicable to juvenile offenders.
The accused should make an application. The Court should condu ....