The Hindu : National : Plea bargaining comes into effect

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Friday, Jul 07, 2006

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National

Plea bargaining comes into effect

Special Correspondent

NEW DELHI: A new chapter - Chapter XXI A - on `plea bargaining' has been inserted in the Criminal Procedure Code (1973). A notification to bring into effect the new provision has been issued and it has come into effect from Wednesday, the Union Home Ministry said in a release here.

Plea bargaining was introduced through the Criminal Law (Amendment) Act, 2005, which was passed by Parliament in the winter session. The provision is likely to bring relief to a large number of undertrials lodged in various jails of the country and help reduce the long pendency in the courts.

It is applicable only in respect of those offences for which punishment of imprisonment is upto a period of 7 years, it does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman or a child below the age of 14 years.

The application for plea bargaining should be filed by the accused voluntarily, a person accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial and the complainant and the accused are given time to work out a mutually satisfactory disposition of the case, which may include giving to the victim by the accused, compensation and other expenses incurred during the case.

In the event of a satisfactory disposition of the case being worked out, the Court shall dispose off the case by sentencing the accused to one-fourth of the punishment provided or extendable, as the case may be for such offence. The statement or facts stated by an accused in an application for plea bargaining shall not be used for any other purpose other than for plea bargaining, the judgment.

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