Plea Bargaining: Winds of Change in Indian Criminal Jurisprudence

The Criminal Amendment Act 2005 brought fresh air to the ailing criminal justice delivery system of India plea bargaining is mutually satisfactory disposition of criminal cases where the accused plead guilty and is ready to compensate the victim in exchange of lesser punishment. The recommendations of the Law Commission of India and its 142 and 145 reports were statutory, recognized in the form of chapter XXI-A of the Crpc 1973 consisting of sections 265A to 265L by way of Criminal Law (Amendment) Act 2005. But certain safeguard was also adopted as the applicability of plea bargaining is restricted to certain offences. It is not applicable to offences punishable with imprisonment of seven years or more. It is also not applicable to offences against woman, social economic offences, offences against children. The plea bargaining shall take effect only when the consent of victim, judge and prosecutor has been obtained. The judgment is pronounced in open court. Plea bargaining also protects the rights of victims of crimes by mandating the court to pay compulsory compensation to them as soon as the plea bargaining process is complete. The plea bargaining is a new horizon in the Indian Criminal Justice System.