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plea bargaining

English · Criminal law

Meaning. A procedure where the accused pleads guilty in return for a lesser sentence through a mutually satisfactory disposition.

Indian plea bargaining, introduced in 2006 as Chapter XXIA CrPC and now in Chapter XXIII BNSS, is a sentence bargain under court supervision. The accused applies voluntarily; the court examines him in camera; a mutually satisfactory disposition is worked out with the prosecutor, the victim and, in police cases, the investigating officer, which may include compensation to the victim.

The court may then impose half the minimum punishment, or one-fourth of the punishment provided where there is no minimum. It is not available for offences punishable with death, life imprisonment or more than seven years, offences affecting the socio-economic condition of the country, or offences against a woman or a child. The judgment is final, subject to writ and SLP.

Example

Charged with a cheating offence carrying up to seven years, the accused applied for plea bargaining and paid compensation to the victim.

In Indian law

  • Chapter XXIII, ss.289 to 300 BNSS (old Chapter XXIA, ss.265A to 265L CrPC)

See also

compounding of offences · sentence · trial

Read more in the study notes

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