Plea Bargaining- A New Development in the Criminal Justice System

more+
less-

“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.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Neeraj Aarora, Cyber Lawyer, Forensic Examiner & International Arbitrator | Attorney Advertising

Written by:

more+
less-

Cyber Lawyer, Forensic Examiner & International Arbitrator on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×