Code
1[265B. Application for plea bargaining.— (1) A person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial.
(2) The application under sub-section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in a case in which he had been charged with the same offence.
(3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or the complainant of the case, as the case may be, and to the accused to appear on the date fixed for the case.
(4) When the Public Prosecutor or the complainant of the case, as the case may be, and the accused appear on the date fixed under sub-section (3), the Court shall examine the accused in camera, where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where
(a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time to the Public Prosecutor or the complainant of the case, as the case may be, and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case;
(b) the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Code from the stage such application has been filed under sub-section (1).]
Explain the Code
Section 265B outlines the process for filing an application for plea bargaining. It states that:
- An accused person can apply to the court for plea bargaining.
- The application must be made in writing and must include specific details such as the offence, the plea offered, and the agreed sentence.
- The court can accept or reject the application based on its discretion and the specific circumstances of the case.
- If the application is accepted, the court will record the plea bargain agreement and impose the agreed sentence.
Illustrate the Code
Imagine a person is charged with theft. They admit guilt but wish to avoid a lengthy trial. They could file a plea bargaining application offering to plead guilty in exchange for a reduced sentence. The court, considering the circumstances, might accept this application and impose a lesser punishment.
Common Questions and Answers
Q: Who can apply for plea bargaining?
A: Only the accused person can apply for plea bargaining.
Q: What offenses are eligible for plea bargaining?
A: Not all offenses are eligible. Certain offenses, such as those involving serious violence or terrorism, are excluded.
Q: What are the benefits of plea bargaining?
A: It can lead to a quicker resolution of the case, avoid a lengthy and expensive trial, and potentially result in a lighter sentence.
Q: What are the disadvantages of plea bargaining?
A: It might involve admitting guilt for a lesser offense even if the accused is innocent. It can also potentially lead to a lenient sentence for serious crimes.
