A resolution that your attorney never suggests Once our guilt is determined in court, we will be punished accordingly, and the only way to avoid this is to appeal to a higher court. Despite the existence of plea bargaining in the Indian criminal justice system, few people are aware of its potential to reduce punishment, protect against delay costs, and prevent harassment for those accused of minor or medium-sized crimes
Plea Bargaining: The Bhartiya Nagrik Suraksha Sanhita, 2023 (formerly the CrPC, 1973) sets out the Indian legal protocol that the court must adhere to, whereas the BharatiYa Nyayata Sitta from 1986 provides information on criminal offenses and their punishments. BNSS, 2023, incorporates plea bargaining provisions in chapter XXII, sections 289–300. The idea, which is an American concept, has been largely unsuccessful in India due to either lack of awareness among the general population or unwillingness of those who know about it
The offender may initiate plea bargaining in court within 30 days of the charges being framed, provided that the punishment is no more than seven years imprisonment, death, or life in prison, and the trial is ongoing. Only the judge is permitted to participate in plea bargaining as a mediator
Sunny Deol stated that the process of resolving disputes in court is lengthy, making it an effective way to settle the dispute Tareek pe tareek Through plea bargaining, both parties reach a settlement to resolve the dispute. The defendant’s viewpoint offers several advantages, such as:: 1. A reduced sentence, 2. Preventing a potentially more severe punishment during the trial, 3. Confidence in the verdict of their case, 4. Less involving in the legal system, 5. The chance of avoiding total imprisonment, and6. Lower legal expenses by expediting the resolution process
The benefits of plea bargaining extend beyond the accused to the victim, as it:: 1. If the defendant is willing to admit their guilt, the victim will be relieved of any doubts about receiving justice, as they will likely be found guilty if other circumstances also support their belief. 2. The victim experienced mental stress, trauma, and anxiety during the court proceedings, but if the defendant opts for plea bargaining, she may be relieved
Procedure of Plea Bargaining
The person who wishes to enter a plea must apply to the court where the trial is ongoing. The defendant is required to provide a brief summary of his case and sign an affidavit, which confirms that his actions are voluntary and that no court has ever found him guilty of the same crime. If the application was filed voluntarily, the court can request that the parties make a mutually satisfactory resolution. Disposal of caseIn the event that a mutually satisfactory outcome is reached, the victim receives compensation, parties are consulted about the punishment amount, and the accused may be sentenced to 25% of the sum or more. Upon reaching the verdict in accordance with the provisions, it will be considered final and no appeal can be filed in any court except through a Special Leave Petition pursuant to section 136.
Conclusion If you have committed an offense, whether intentionally or not, and you desire a faster resolution to the legal process, plea bargaining is an option. If the trial is still ongoing, contact your attorney and inquire about your rights based on the information provided in this article. The choice to do so can not only benefit the country but also contribute to their own well-being