Expediting the Indian Criminal Justice System
Justice is desired by each and every person in this earth. But as we all know that Justice delayed is Justice denied, so it's a matter of concern that how many people actually get justice in due time. Well this is a very vague question as there is no specificity to it. However it lays down the basis of a very common problem that has plagued the Indian courts. Yes the term ‘plagued' actually represents the current scenario of the Indian Judiciary. The problem of backlog of cases have been haunting the Indian courts for a long time and it is high time that we react to the situation and do something about it. Precisely speaking the criminal trials take much longer that what they are expected to take and what actually they take. Thus it is very necessary that some sort of system is adhered to so as to speed up the trial process and relieve the courts of heavy backlog of cases. Crimes happen almost everyday and with such a large population it is quite obvious that at least thousands of crimes are committed almost everyday throughout the country. And as the literacy levels and awareness among the people has increased so they refer their problems to the courts which is the only dispute resolution system and the only place where one can expect justice. Thus it is all the more obvious that with such a rate of criminal cases pooling into the courts the available workforce falls very short of the expectations. Apart from that there are several appeals which are preferred from the trials which furthermore increase the case numbers in the court. In such a scenario it becomes a matter of concern as to how to control the problem. One such solution or alternative through which this problem could be curbed is plea bargaining which is incorporated under the provisions of Criminal Procedure Code.
Plea Bargain – An Insight
Well the first question that comes to our mind is that what is plea bargaining actually. Precisely speaking Plea Bargaining refers to an agreement in a criminal case where the prosecutor offers the defendant with the opportunity to plead his guilt. In other words it means that an option is given to the criminal defendant to accept his guilt and avoid the trial proceedings which would be instituted against the accused as it happens in a normal trial proceeding. Now one might wonder that what benefit is the accused getting by accepting his guilt and by avoiding the trial proceedings. Well the answer to this is that in a plea bargaining case the accused is generally charged of a lesser charge than the original criminal charge and the punishment is also lesser which he would have got had he been charged of the original charge. Many a times it happens that the accused while sitting through a trial is convicted of a more serious charge and also of some additional charges which might be charged along with the original offence. Thus with the help of plea bargaining the accused can relive himself from risking his case of harsher sentences. On the other hand it is beneficial to the victim also as the victim gets justice quickly as the accused accepts his/her guilt. Apart from that the time of the court is saved from carrying out the court proceedings and fulfilling the court formalities. Moreover the time of the court is saved from establishing the guilt of the accused as the accused himself/herself accepts his/her guilt. Therefore a lot of money and the time of the court is saved. Thus we can note that with the help of plea bargaining one can really speed up the criminal court proceedings.
History of Plea Bargaining in India
The concept of plea bargaining has been introduced in the Criminal Procedure Code with the help of a Criminal Law (Amendment) Act, 2005. This amendment act was passed by the parliament in its winter session. Chapter XXIA of the Criminal Procedure Code contains the requisite provisions of Plea Bargaining which is enforceable in India. Sections 265-A, 265-B, 265-C, 265-D, 265-E, 265-E, 265-F, 265-G, 265-H, 265-I, 265-J, 265-K and 265-L of the Criminal Procedure Code enumerates the provisions relating to Plea Bargaining.
However with everything mentioned above it would be quite wrong to say that the concept of plea bargaining is of recent origin. Efforts for dealing with the problem of over burdening of the criminal courts have been made much earlier. The 154th Law Commission, in order to reduce the delay in disposing criminal cases, brought forward the concept of plea bargaining and also recommended the introduction of plea bargaining as an alternative to deal with the heavy backlogs of criminal cases. After that the recommendations of the Law Commission were supported by the Malimath Committee Report. In its report, the Malimath Committee recommended that a system of plea bargaining be introduced in the Indian Criminal Justice System to facilitate the earlier disposal of criminal cases and to reduce the burden of the courts. To strengthen its case, the Malimath Committee also pointed out the success of plea bargaining system in USA. Accordingly, the draft Criminal Law (Amendment) Bill, 2003 was introduced in the parliament. The statement of objects and reasons, inter alia, mentions that, The disposal of criminal trials in the courts takes considerable time and that in many cases trial do not commence for as long as 3 to 5 years after the accused was remitted to judicial custody.. though not recognized by the criminal jurisprudence, it is seen as an alternative method to deal with the huge arrears of criminal cases. The bill attracted enormous public debate. Critics said it is not recognized and against public policy under our criminal justice system. The Supreme Court has also time and again blasted the concept of plea bargaining saying that negotiation in criminal cases is not permissible. More recently in State of Uttar Pradesh V. Chandrika 2000 Cr.L.J. 384(386), The Apex Court held that It is settled law that on the basis of plea bargaining court cannot dispose of the criminal cases. The court has to decide it on merits. If the accused confesses its guilt, appropriate sentence is required to be implemented. The court further held in the same case that, Mere acceptance or admission of the guilt should not be a ground for reduction of sentence. Nor can the accused bargain with the court that as he is pleading guilty the sentence be reduced. Despite this huge hue and cry, the government found it acceptable and finally section 265-A TO 265-L have added in the Code of Criminal Procedure so as to provide for raising the plea bargaining in certain types of criminal cases. While commenting on this aspect, the division bench of the Gujarat High Court observed in State of Gujarat V. Natwar Harchanji Thakor (2005) Cr. L.J. 2957 that, The very object of law is to provide easy, cheap and expeditious justice by resolution of disputes, including the trial of criminal cases and considering the present realistic profile of the pendency and delay in disposal in the administration of law and justice, fundamental reforms are inevitable. There should not be anything static. It can thus be said that it is really a measure and redressal and it shall add a new dimension in the realm of judicial reforms.
Plea Bargaining – Relieving the Indian Criminal Courts
Quite clear from the above discussion the main object of Plea Bargaining is to reduce the risk of undesirable orders for the either side. Apart from this it is also helpful in clearing away the pending cases in the criminal courts. However it is also quite important to know that plea bargaining is not applicable to all the offences. It is only applicable to those offences for which there is a punishment for a period up to seven years. Further the provision of plea bargaining doesn't apply to cases where the offence is committed is a socio-economic offence or else where the offence is committed against a woman or a child below the age of 14 years.
The concept of plea bargaining is very strong. It benefits both the victim and the accused at the same time and finally and the most important it benefits the court. There are two types of plea bargaining which helps the accused in confessing his guilt. One is Charge Bargain and the other is Sentence Bargain. In case of a Charge Bargain the prosecution allows the defendant to plead guilty to a lesser charge or to only some of the charges framed against him. This helps the accused to reduce the charges to a greater extent as the prosecution has a wide range of options to frame the accused of charges. Thus Charge Bargain helps the accused to negotiate with the prosecution and reduce the number of charges that the prosecution might have framed against him. In case of Sentence Bargain the accused is relieved of harsher and a higher sentence if the accused confesses his offence or pleads guilty. In this case the defendant is told in advance what his sentence would be if he pleads guilty. Thus with these two options of plea bargaining most of the cases could be resolved which are rotting in the criminal courts and which are waiting their turn to be disposed off in merits.
Shortcomings of Plea Bargaining
Though plea bargaining is a very positive concept and a welcome legislation for reducing the backlogs of the criminal courts in India, it too has some shortcomings. There are some inherent flaws inside this legislation which can be called as the drawbacks of plea bargaining. The first and foremost demerit of plea bargaining is its inapplicability to all the cases. As mentioned above it is inapplicable in cases where the offence relates to socio-economic offence and offences against women and children below 14 years. So the accused can take advantage of these loopholes and can harass the complete procedure of plea bargaining. Apart from that another drawback of plea bargaining is the involvement of the court in the plea bargaining process. Where the court is involved in the plea bargaining process the court's impartiality becomes questionable. Also involving the victim in this process can invite corruption. There is a scope of huge amount of corruption in this regard. However the main and primary drawback of the plea bargaining process is the rejection of plead guilty application. In a case where the accused has confessed his/her offence and then the application of the accused is rejected then it would become very difficult for the accused to prove his innocence when normal trial proceedings would be instituted against him consequently.
Conclusion
Though there are some inherent problems and drawbacks associated with the provision of plea bargaining, it still remains a powerful weapon to combat the problem of heavy backlog of criminal cases in the Indian courts. It is very necessary that the shortcomings of the plea bargaining process are given a due though and solved accordingly. Most importantly in the case of rejection of the application of the pleading guilty of the accused; the rejection should be kept confidential so as to prevent prejudice to the accused. Apart from that it is an acceptable fact that the concept of plea bargaining will enhance the faith of the public in the criminal justice system and will help the Indian Courts to fight with the problem of backlog of cases.
Plea Bargain – An Insight
Well the first question that comes to our mind is that what is plea bargaining actually. Precisely speaking Plea Bargaining refers to an agreement in a criminal case where the prosecutor offers the defendant with the opportunity to plead his guilt. In other words it means that an option is given to the criminal defendant to accept his guilt and avoid the trial proceedings which would be instituted against the accused as it happens in a normal trial proceeding. Now one might wonder that what benefit is the accused getting by accepting his guilt and by avoiding the trial proceedings. Well the answer to this is that in a plea bargaining case the accused is generally charged of a lesser charge than the original criminal charge and the punishment is also lesser which he would have got had he been charged of the original charge. Many a times it happens that the accused while sitting through a trial is convicted of a more serious charge and also of some additional charges which might be charged along with the original offence. Thus with the help of plea bargaining the accused can relive himself from risking his case of harsher sentences. On the other hand it is beneficial to the victim also as the victim gets justice quickly as the accused accepts his/her guilt. Apart from that the time of the court is saved from carrying out the court proceedings and fulfilling the court formalities. Moreover the time of the court is saved from establishing the guilt of the accused as the accused himself/herself accepts his/her guilt. Therefore a lot of money and the time of the court is saved. Thus we can note that with the help of plea bargaining one can really speed up the criminal court proceedings.
History of Plea Bargaining in India
The concept of plea bargaining has been introduced in the Criminal Procedure Code with the help of a Criminal Law (Amendment) Act, 2005. This amendment act was passed by the parliament in its winter session. Chapter XXIA of the Criminal Procedure Code contains the requisite provisions of Plea Bargaining which is enforceable in India. Sections 265-A, 265-B, 265-C, 265-D, 265-E, 265-E, 265-F, 265-G, 265-H, 265-I, 265-J, 265-K and 265-L of the Criminal Procedure Code enumerates the provisions relating to Plea Bargaining.
However with everything mentioned above it would be quite wrong to say that the concept of plea bargaining is of recent origin. Efforts for dealing with the problem of over burdening of the criminal courts have been made much earlier. The 154th Law Commission, in order to reduce the delay in disposing criminal cases, brought forward the concept of plea bargaining and also recommended the introduction of plea bargaining as an alternative to deal with the heavy backlogs of criminal cases. After that the recommendations of the Law Commission were supported by the Malimath Committee Report. In its report, the Malimath Committee recommended that a system of plea bargaining be introduced in the Indian Criminal Justice System to facilitate the earlier disposal of criminal cases and to reduce the burden of the courts. To strengthen its case, the Malimath Committee also pointed out the success of plea bargaining system in USA. Accordingly, the draft Criminal Law (Amendment) Bill, 2003 was introduced in the parliament. The statement of objects and reasons, inter alia, mentions that, The disposal of criminal trials in the courts takes considerable time and that in many cases trial do not commence for as long as 3 to 5 years after the accused was remitted to judicial custody.. though not recognized by the criminal jurisprudence, it is seen as an alternative method to deal with the huge arrears of criminal cases. The bill attracted enormous public debate. Critics said it is not recognized and against public policy under our criminal justice system. The Supreme Court has also time and again blasted the concept of plea bargaining saying that negotiation in criminal cases is not permissible. More recently in State of Uttar Pradesh V. Chandrika 2000 Cr.L.J. 384(386), The Apex Court held that It is settled law that on the basis of plea bargaining court cannot dispose of the criminal cases. The court has to decide it on merits. If the accused confesses its guilt, appropriate sentence is required to be implemented. The court further held in the same case that, Mere acceptance or admission of the guilt should not be a ground for reduction of sentence. Nor can the accused bargain with the court that as he is pleading guilty the sentence be reduced. Despite this huge hue and cry, the government found it acceptable and finally section 265-A TO 265-L have added in the Code of Criminal Procedure so as to provide for raising the plea bargaining in certain types of criminal cases. While commenting on this aspect, the division bench of the Gujarat High Court observed in State of Gujarat V. Natwar Harchanji Thakor (2005) Cr. L.J. 2957 that, The very object of law is to provide easy, cheap and expeditious justice by resolution of disputes, including the trial of criminal cases and considering the present realistic profile of the pendency and delay in disposal in the administration of law and justice, fundamental reforms are inevitable. There should not be anything static. It can thus be said that it is really a measure and redressal and it shall add a new dimension in the realm of judicial reforms.
Plea Bargaining – Relieving the Indian Criminal Courts
Quite clear from the above discussion the main object of Plea Bargaining is to reduce the risk of undesirable orders for the either side. Apart from this it is also helpful in clearing away the pending cases in the criminal courts. However it is also quite important to know that plea bargaining is not applicable to all the offences. It is only applicable to those offences for which there is a punishment for a period up to seven years. Further the provision of plea bargaining doesn't apply to cases where the offence is committed is a socio-economic offence or else where the offence is committed against a woman or a child below the age of 14 years.
The concept of plea bargaining is very strong. It benefits both the victim and the accused at the same time and finally and the most important it benefits the court. There are two types of plea bargaining which helps the accused in confessing his guilt. One is Charge Bargain and the other is Sentence Bargain. In case of a Charge Bargain the prosecution allows the defendant to plead guilty to a lesser charge or to only some of the charges framed against him. This helps the accused to reduce the charges to a greater extent as the prosecution has a wide range of options to frame the accused of charges. Thus Charge Bargain helps the accused to negotiate with the prosecution and reduce the number of charges that the prosecution might have framed against him. In case of Sentence Bargain the accused is relieved of harsher and a higher sentence if the accused confesses his offence or pleads guilty. In this case the defendant is told in advance what his sentence would be if he pleads guilty. Thus with these two options of plea bargaining most of the cases could be resolved which are rotting in the criminal courts and which are waiting their turn to be disposed off in merits.
Shortcomings of Plea Bargaining
Though plea bargaining is a very positive concept and a welcome legislation for reducing the backlogs of the criminal courts in India, it too has some shortcomings. There are some inherent flaws inside this legislation which can be called as the drawbacks of plea bargaining. The first and foremost demerit of plea bargaining is its inapplicability to all the cases. As mentioned above it is inapplicable in cases where the offence relates to socio-economic offence and offences against women and children below 14 years. So the accused can take advantage of these loopholes and can harass the complete procedure of plea bargaining. Apart from that another drawback of plea bargaining is the involvement of the court in the plea bargaining process. Where the court is involved in the plea bargaining process the court's impartiality becomes questionable. Also involving the victim in this process can invite corruption. There is a scope of huge amount of corruption in this regard. However the main and primary drawback of the plea bargaining process is the rejection of plead guilty application. In a case where the accused has confessed his/her offence and then the application of the accused is rejected then it would become very difficult for the accused to prove his innocence when normal trial proceedings would be instituted against him consequently.
Conclusion
Though there are some inherent problems and drawbacks associated with the provision of plea bargaining, it still remains a powerful weapon to combat the problem of heavy backlog of criminal cases in the Indian courts. It is very necessary that the shortcomings of the plea bargaining process are given a due though and solved accordingly. Most importantly in the case of rejection of the application of the pleading guilty of the accused; the rejection should be kept confidential so as to prevent prejudice to the accused. Apart from that it is an acceptable fact that the concept of plea bargaining will enhance the faith of the public in the criminal justice system and will help the Indian Courts to fight with the problem of backlog of cases.
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