Plea Bargaining In India : An Overview
DOI:
https://doi.org/10.53724/jmsg/v1n1.04Keywords:
Plea Bargaining, Charge Bargaining, Sentence Bargaining, Fact Bargaining, Legal System, Advocate and Judges, Higher Judiciary, Prison Reform, Victim, Juvenile Justice (care and protection of children) Act 2000, Sati PreventionAbstract
Oxford Dictionary defines "plea" as an appeal, prayer, request, or formal statement made by or on behalf of the defendant, and "bargaining" as a negotiation, settlement, contract, or accord. As a result, the phrases "bargaining" and "plea" are used interchangeably in this sentence. The accused may make a formal statement or appeal as part of a plea agreement that is negotiated with the victim and the prosecution. In other terms, we may say that a plea agreement is a contract made between the prosecutor and the defendant in which both parties agree to resolve the legal matter and the defendant promises to confess guilt in exchange for receiving the least severe punishment possible for the offence. Plea bargaining can happen at any point before a judgment is issued, but it typically takes place before trial.
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Plea-bargaining under Indian criminal law-Dr.B.P.singhCr.L.J.May 2009 p.108. Endnotes:
Chapter 21a of Cr.p.c. 1973.
Indian socio-legal journal 2009 vol-35 P.41.
Section 265A of Cr.P.C.1973.
Section 265A of Cr.P.C.1973.
The central government –by S.O.1042 E dated 11th july 2006.
“Plea-bargaining”-Justice ArijitPasayat, Nyaydeep July 2007 P.11.
“Plea-bargaining”-Justice ArijitPasayat, Nyaydeepjuly 2007 P.11.
Criminal Justice (Amendment) 2005.
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