India Criminal Defense Manual - Plea Bargaining/Guilty Pleas

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Introduction - The concept of Plea Bargaining has been recently introduced in India. By insertion of a new chapter XXIA consisting of 12 sections in The Code of Criminal Procedure, 1973 by act 2 of 2006. The Central Government has modified the offences affecting the socio-economic condition of the country, which have been kept out of the preview of Plea Bargaining. Not only the Plea Bargaining will expedite the disposal of the cases, it may also result in adequate compensation for the victim of the crime, since he along with the prosecutors will be in a position to bargain with the accused.

In order to bring about a substantial reduction of cases, other than cases involving capital punishment, life imprisonment or imprisonment for a term exceeding seven years, suitable instructions have been issued for proper implementation of the Plea Bargaining Scheme.

TYPES OF GUILTY PLEAS

In the American legal system, there are essentially two types of guilty pleas: guilty and nolo contendere (or "no contest"). A plea of guilty is an admission that one has committed the crime in question, and an acceptance of the related punishment. A plea of nolo contendere allows the accused to accept the punishment related to the crime without admitting to the crime. It is instead a statement that the accused will not contest the charges levied against him. Courts in the United States very rarely accept nolo contendere pleas. The implications of a guilty plea go beyond claiming responsibility for an act and replace the role of a jury at a trial. In India the Plea Bargaining can be divided into three types:

1. Charge bargaining

2. Sentence bargaining

3. Fact bargaining

Guilty pleas are often entered as the result of a plea bargain or an agreement in which a prosecutor and a accused arrange to settle the case against the accused. The accused agrees to plead guilty to a specified charge in exchange for a mutually agreed-upon sentence, a sentence recommendation to the judge, or the dismissal or reduction of other criminal charges. Quite often, an agreement to testify against a co-accused is a condition of a plea bargain.

A guilty plea is formal admission of guilt and is the equivalent of a conviction. Most often, it occurs as part of a plea bargaining process which may result in reduced charges or an agreed-upon favorable sentence. The vast majority of criminal cases in the U.S. (probably more than 95%) are resolved through this procedure. Plea bargaining has only been introduced to Indian law since 2005 and is probably the most effective means for expediting cases.

Plea Bargaining are often entered as the result of a plea bargain or an agreement in which a prosecutor and an accused arrange to settle the case against the accused. The accused agrees to plead guilty to a specified charge in exchange for a mutually agreed-upon sentence or the dismissal or reduction of other criminal charges. Quite often, an agreement to testify against a co-accused is a condition of a plea bargain. Each type of Plea

Bargaining mention herein above involves implied reduction sentence, but differ in the ways of achieving reductions. The supervising judge must approve of any guilty plea or plea bargain. Generally a judge will authorize the plea if the accused makes a knowing and voluntary waiver of his right to trial, the accused understands the charges, and the accused makes a voluntary confession, in court, to the alleged crime. Even if an accused agrees to plead guilty, a judge may decline to accept the guilty plea and plea bargain if the charge or charges have no factual basis or support.

The court must also explain the nature of the crimes to which the accused is pleading guilty. For example, while a person not involved in the legal system by trade or experience may have a general notion of what a crime such as murder means, he may not understand the difference between murder and manslaughter. It is important for the accused to understand to what he is pleading guilty, so that he may better understand the potential ramifications beyond the courthouse and any legal penalties.

The following offences are excluded from the preview of the Plea Bargaining:-

a. Dowry Prohibition Act