“Plead Guilty and bargain Lesser Sentence” is the shortest possible meaning of Plea Bargaining. In its most traditional and general sense, “plea bargaining” refers to pre-trial negotiations between the defendant, usually conducted y the counsel and the prosecution, during which the defendant agrees to plead guilty in exchange for certain concessions by the prosecutor. “Plea bargaining” falls into two distinct categories depending upon the type of prosecutorial concession that is granted. The first category is “charge bargaining” which refers to a promise by the prosecutor to reduce or dismiss some of the charges brought against the defendant in exchange for a guilty plea. The second category, “sentence bargaining” refers to a promise by the prosecutor to recommend a specific sentence or to refrain from making any sentence recommendation in exchange for a guilty plea. Both methods affect the dispositional phase of the criminal proceedings by reducing defendant’s ultimate sentence. The concept of plea bargaining was introduced in India Criminal Justice System in the year 2005 by means of Criminal Law (Amendment) Act, 2005. By this amendment, a new Chapter XXI A has been introduced in the Code of Criminal Procedure.
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