Plea Bargaining in India

Plea Bargaining is the agreement in a criminal case between the prosecutor (victim) and defendant (accused), this comes in to play during lengthy prosecutions, it also have one more quality which is in monetary terms means that both the prosecutor and defendant can save their lot of money with this contract, this agreement make them to compromise after a stage and that include mutual benefits for both the prosecutor and defendant. In this agreement most of the time the defendant pleads for a less serious charge or punishment instead of more serious charge or punishment. This allows both the parties to avoid a lengthy criminal trial and may also allow the accused to avoid the risk of more serious charge or punishment.

In India it has been introduced in the year of 2005 and enforceable from 2006 and it has been applied only on those cases where the punishment is maximum 7 years of imprisonment, but all those offences which affect the socio economic condition and all those crimes which are against women and all the children below 14 years of age are excluded.

So, after knowing that much about plea bargaining we concluded some aspects and those are mentioned below.

• In the charge of death plea bargaining can’t be applied
• Plea bargaining can’t be applied on life imprisonment or a term of more than 7 years
• Not applicable on the offence that is of social-economic condition of the country
• If the offence is against a woman or a child below 14 years this can’t get applied
• It cuts down the lengthy legal process
• In most of the cases the accused get the benefits of less serious charge or punishment
• It saves the money for both the parties

Help By GS Bagga and Associates
We at GS Bagga and Associates have experience of over 7 years in all types of law and legal related to plea bargaining contract or agreement, we look after all the aspects of these type of cases. We helps in pre trial negotiations between both the accused and the prosecution, we also helps in making a contract between the prosecution and the defendant and both are bound by this contract. We help in various aspects and those are given here.

• A person accused or the victim to file an application in Court
• In preparation of application with brief description of the case accompanied by an affidavit stating voluntary submission for plea bargaining
• The accused or the victim to work out a mutually satisfactory disposition of the case which includes compensation and other expenses