This document provides information about plea bargaining in India. It begins with definitions and background on plea bargaining. It then discusses how plea bargaining was introduced to the Indian legal system in 2006 and outlines some of the procedures and limitations under Indian law. Some key points covered include advantages like speedy justice but also criticisms around impacts on innocent defendants. The document also examines some cases related to plea bargaining in India and concludes that while it aims to help address backlogs, the system has a long way to go to be as widely adopted as in other countries.

1. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Plea Bargaining in India
Niranjani B

2. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
What is Plea Bargaining?
‘Plea Bargaining’ can be defined as pre-trial negotiations
between the accused and the prosecution during which
the accused agrees to plead guilty in exchange for
certain concessions by the prosecution.

3. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Introduction
1) Plea Bargaining has existed in form or the other for
800 years.
2) Criminal procedures have generally 3 problems, i.e.
a) Inordinate delays;
b) Often difficult for prosecutors to secure conviction
of guilty defendants and
c) large number of under-trials are in jail for very
long time.
3) Plea Bargaining was introduced in India in 2006
through Criminal Law (Amendment) Act – 2005 for
crimes for which the maximum permissible
punishment is up to 7 years.
4) There are some demerits of the system but the
merits such as speedy trial and low cost weigh heavy
and there is need to make the system more
adoptable to Indian needs so that problems of
backlog of cases in courts could be addressed.

4. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
General Characteristics of Plea
Bargaining
1) Intention of both the parties is to avoid lengthy criminal
trial.
2) Defendant should agree for Plea Bargaining voluntarily.
3) There should be factual evidence for the crime.
4) There may or may not be supervision of court.
5) An agreement should be reached between the
defendant and the prosecution.
6) Defendant seeks concession in punishment.
7) Bargain may be on charge or sentence.

5. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Advantages of Plea Bargaining
Approach
1) Speedy Justice
2) Low Cost
3) Better Working Relationship
4) Easy Release from Jail
5) Quick Disposal
6) Not affecting the Future of Accused
7) Hassle Free
8) Avoiding Public Eye
9) Rehabilitation

6. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The Indian Model of Plea
Bargaining
Prior to the Criminal Law (Amendment) Act 2005, the
concept of plea-bargaining was totally alien to the Indian
criminal justice process.
The Apex court, while examining the concept of plea-
bargaining in State of U.P. v. Chandrika in 2000 and
Kripal Singh v. State of Haryana, also in 2000 observed
that:
“Neither the Trial Court nor the High Court has
jurisdiction to bypass the minimum sentence
prescribed by law on the premise that a plea-
bargain was adopted by the accused.”

7. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Continued...
1) Based on the recommendation of the Law Commission,
the new Chapter XXI-A dealing with Plea Bargaining in
cases of offences punishable with imprisonment up to
seven years has been included in CrPC
2) It has come into effect from 05.07.2006.
3) Certain procedure prescribed for plea bargaining under
Sections 265-A to 265-L of CrPC are to be complied to
make it a valid plea bargain.
4) The Indian model is very different from that of USA and
application of Plea Bargaining in India is very restricted
and it is yet to be accepted in the general masses as an
integral part of the Indian Judicial System.
5) The provisions, though, are not entire consistent with
the scheme recommended by the Law Commission of
India in its 142nd and 154th Reports, which have also
been endorsed by the Mallimath Committee.

8. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Indian Cases
● In Mumbai’s first case, an application for plea
bargaining was made before a sessions court when an
ex-Reserve Bank of India clerk, accused in a cheating
case, moved the court seeking lesser punishment in
return for confessing to the crime. Based on
submissions of CBI, the court rejected Bandekar’s
application.
● In Pardeep Gupta v. State, Honourable Judge observed
that “The trial court’s rejection of the plea bargain
shows that the learned trial court had not bothered to
look into the provisions of chapter XXI A of Code of
Criminal Procedure meant for the purpose of plea
bargaining. The High Court directed the trial court to
reconsider the application of plea bargaining made by
the accused

9. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Criticism of Plea Bargain
● A major argument against Plea Bargaining is
that it is detrimental to the innocent defendant
undermining the public image of the criminal
justice system representing a system which
sacrifices proper punishment of criminals in the
name of judicial efficiency.
● Another observation of critics is that most guilty
pleas are not as a result of genuine repentance
and defendants pretend repentance to earn
sentence reductions.
● Some other drawbacks of the concept of plea
bargaining as mentioned by critics are unjust
sentencing or disparity in sentencing and a
general attitude of leniency of the court in
pronouncing the punishment.

10. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Conclusion
It is heartening to note that the Criminal Law Amendment Act
has at least taken some basic tenets of the conventional plea
bargaining and with a cautious approach of restricting its
applicability to only relatively less serious crimes, has kept
the scope wide open for enhancing the applicability of plea
bargaining to other domains of criminal law and make it more
popular in the Indian judicial system.
For the lack of infrastructure and our mindset the Indian
Legal System is not ready to adopt the Plea Bargaining on the
same scale as in USA In the Indian scenario it is difficult to
imagine Prosecution and Defence lawyers, victim, defendant
and Police sitting on a table negotiating an agreement
between the concerned parties through ethical and
transparent arguments and discussions. There is thus, no
reason to believe that the practice will achieve the same scale
and magnitude of success in India as in the United States.

11. CHENNAI
C2-A, Industrial Estate,
Guindy, Chennai - 600 032.
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Mob: +919385432921
HYDERABAD
Vatika Business Centre,
Suite 10,3rd Floor, NSL Icon,
Road No. 12,Banjara Hills,
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Suite 49, 8th Floor, Centre A,
Alapatt Heritage Building,
MG Road, Cochin – 682035
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
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