Northwest Institute for Restorative Justice

Justice is required for every person on this earth. But as we all know that justice delayed is justice denied, so it is a concern that many people really do justice in time. Well, this is a very vague question because there is no specificity to it. However, establishing the basis of a very common problem that has plagued the Indian courts. Yes, the word “haunted” is actually the current scenario of Indian judicial system. The problem of the backlog of cases have been around the court in India for a long time and it is time to react to the situation and do something about it. Just talking about the criminal process requires much more than what is expected to take and what they actually take. So it is very necessary that some kind of system is seen to accelerate the process of experimentation and relieve the courts of the heavy portfolio of cases. Crimes happen almost every day and with a large population is quite clear that at least thousands of crimes are committed almost daily around the country. And while the level of literacy and awareness among people has increased their concerns relate to the courts is the only system of dispute resolution and the only place where you can expect justice. Therefore, it is even more evident that with such a sharing rate of criminal cases in the courts of the workforce available is very short of expectations. Apart from that there are more actions that are evidence to prefer to increase the number of cases in court. In such a scenario becomes a concern about controlling the problem. This solution or alternative through which this problem could be stopped and negotiations that are incorporated under the provisions of the Code of Criminal Procedure.

 

Plea bargain – An Insight

 

Well, the first question that comes to mind is that what is really a solution. Just talking plea bargaining refers to an agreement in a criminal case where the prosecutor offers the defendant the opportunity to defend his innocence. In other words this means that the option given to the accused of a crime to accept their guilt and avoid the test procedure should be initiated against the accused as in a standard test procedure. Now the question arises what is the advantage is always to accept the defendant is guilty and avoid a test procedure. Well, the answer to this is that in a case of plea bargaining defendant is usually charged at a lower cost than the initial charge and the penalty is lower, but it would have had if he had been responsible for the initial charge. It sometimes happens that the defendant, while sitting through a process has been convicted of a crime more serious and even some additional costs may be charged along with original sin. So with the help of the bargaining defendant can threaten to revive appropriate penalties. On the other hand is of great help to the victim and the victim to obtain justice quickly accepted by the defendant guilty. Apart from saving time to conduct legal proceedings and comply with the formalities of the court. Moreover, the court time is saved by establishing the guilt of the accused, the accused acknowledges his guilt. So a lot of money and court time is saved. Thus one can see that with the help of plea bargaining can really speed up criminal proceedings.

Negotiating history in India

 

The concept of bargaining, introduced in the Criminal Procedure Code, with the help of a Criminal Law (Amendment) Act 2005. This amendment bill was passed by Parliament in its winter session. Chapter XXI of the Code of Criminal Procedure contains the required provisions of the bargaining, which is enforceable in India. Sections 265-265, 265-265 ABC-D 265-E 265-E 265-F, 265-G 265-H, 265-265-IJ, 265 and 265 K–The Penal Procedure Code sets out requirements relating to Plea bargaining.

 

However, the above would be a mistake to say that the concept of bargaining, is of recent origin. Efforts to address the problem of the excessive burden of the criminal courts have been done earlier. 154 The Law Commission to reduce the delay in disposal of criminal cases, advanced the concept of bargaining, and also recommended the introduction of bargaining, as an alternative to cope with the heavy backlog of criminal cases. Following the recommendations of the Commission with the support of legal report Malimath Committee. In its report, the Malimath Committee recommended that a system of bargaining, will be introduced in the Indian criminal justice system to facilitate the removal of previous criminal cases and reduce the workload of the courts. To strengthen their case, the Malimath Committee also highlighted the success of the negotiation system in the United States. Accordingly, the draft Criminal Law (Amendment) Bill 2003 was introduced in Parliament. The statement of objects and reasons, inter alia, provides that the disposal of criminal cases in the courts are slow and in many cases the test can be started for 3-5 years after the time the defendant has been remitted to judicial custody. . although not recognized by the criminal law is considered as an alternative method to address the huge backlog of criminal cases. The bill attracted enormous public debate. Critics have said that is not recognized and public policy in our criminal justice system. The Supreme Court has also time and again attacked the concept of plea bargaining to say that negotiation is not admissible in criminal matters. More recently, in the state of Uttar Pradesh, V. Chandrika CR 2000. LJ 384 (386), Apex, the Court held that the law based on court plea bargaining can not solve criminal cases. The court must decide on the merits. If the accused admits his guilt, the decision of the case is sufficient for its implementation. The court also stated in that case, the simple acceptance or admission of guilt should not be cause for reduction of sentence. Neither the business accused the court in which he pleaded guilty the penalty is reduced. Despite this huge hue and mourn, the government has deemed acceptable and, finally, Article 265-A 265-L added to the Code of Criminal Procedure to establish greater bargaining in certain types of criminal cases. Commenting on this aspect, the Section of the Division of Gujarat High Court in the state of Gujarat V. Harchanji Natwar Thakore (2005) Cr LJ 2957 that the very purpose of law is to make justice easier, faster and cheaper to resolve disputes, including the trial of criminal cases and realistic, considering the current profile is pending and delay in the elimination of the ‘administration of law and justice, fundamental reforms are inevitable. There should be no static. Therefore, we can say that is really a measure and to mitigate it, and adds a new dimension in the field of judicial reform.

 

Plea bargaining – Relieve Indian court

 

Very clear in the debate on the main subject of negotiation is reason to reduce the risk of side orders on both sides. Besides this is also useful to clear pending cases in criminal courts. But it is also important to know that the plea agreement does not apply to all crimes. Y “applies only to crimes for which there is a penalty of up to seven years. In addition, the supply of solution does not apply to cases where the crime was committed is a crime, socio-economic or otherwise, if the offense is committed against a woman or a child under 14 years.

 

The concept of bargaining, is very strong. Y ‘benefits both the victim and the accused, at the same time and, finally, and most important benefit of the court. There are two types of bargaining, to assist the accused in the confession of his guilt. One is full of business and the other is the Trial Offers. In the case of a business charge allows the prosecution of the accused to plead guilty to a misdemeanor charge or just some of the charges framed against him. This helps reduce the burden on the defendant to a greater extent that the defendant has a wide range of options for framing the accused of the crime. After negotiating practice helps the defendant to negotiate with prosecutors and to reduce the number of charges that prosecutors could be framed against him. If the defendant has raised the sentence against harsher punishment and higher if the accused confesses his crime or pleads guilty. In this case, the defendant is told in advance what his sentence would be if convicted. So with most of these options for the negotiation of the status of the cases could be resolved, are rotting in the criminal courts and waiting their turn to be eliminated in this regard.

 

Deficiencies Plea bargaining

 

Although negotiation is a very positive concept and welcome legislation to reduce the backlog of criminal courts in India, also has some shortcomings. There are some flaws inherent in this legislation, which may be called as the disadvantages of negotiation skills. The first demerit is its inapplicability of the decision of all causes. As mentioned above, is not applicable when the crime relates to socio-economic crimes and crimes against women and children under 14 years. Then, the accused may make use of these gaps and may alter the entire liquidation proceedings. Apart from that another disadvantage of the negotiations is the involvement of judges in the process of liquidation. If the judge is involved in the negotiation process of the impartiality of the court becomes questionable. Also the participation of victims in this process may invite corruption. There is a scope of how the corruption in this regard. However, the main drawback of the primary process of negotiation is the rejection of the request to plead guilty. In cases where the accused has confessed his crime and then the application of the accused is dismissed then become very difficult for the accused to prove his innocence when the trial proceedings would be normal for him accordingly.

 

Conclusion

 

While there are some inherent problems and disadvantages associated with the provision of the solution, remains a powerful weapon to combat the problem of heavy backlog of criminal cases in Indian courts. It is very necessary that the deficiencies of the negotiation process occurs even if the debt and resolve accordingly. More important in case of rejection of application memory of the defendants guilty, the refusal should be kept confidential to avoid any damage to the defendants. Apart from that it is unacceptable that the concept of bargaining, will strengthen the public’s faith in the criminal justice system and help the courts in India to combat the problem of the number of cases.