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A plea bargain is a pre-trial negotiation between a defendant and a prosecution in which the accused agrees to plead guilty in exchange for certain concessions from the prosecution. It is an arrangement in which the accused pleads guilty to a lesser charges and prosecutors in return drop more serious charges. It is not available for all types of crimes, for example, a person cannot claim a bargain after committing a serious offence or for offences punishable by death or life imprisonment.
By working with an experienced plea bargaining lawyer, you can take advantage of this valuable legal option and potentially avoid the harsh consequences of a criminal conviction. So don't wait - contact Law Samadhan today to learn more about how plea bargaining can help you achieve a better outcome in your case.
Generally there are three types of plea bargaining.
1. Fact bargaining
2. Charge bargaining
3. Sentence bargaining
Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the concept of Plea Bargaining. It was inserted into the Criminal Law (Amendment) Act, 2005. It allows plea bargaining for cases:
1. Where the maximum punishment is imprisonment for 7 years;2. Where the offenses don't affect the socio-economic condition of the country;
3. When the offenses are not committed against a woman or a child below 14 are excluded.
In India, plea bargaining works by the accused admitting guilt in exchange for a reduced sentence or a lesser charge. The agreement must be approved by the court.
The advantages of plea bargaining in India include a faster resolution of the case, reduced sentences, and reduced court costs.
Yes, an accused person can withdraw from a plea bargain in India if they feel that it is not in their best interest.
The process of plea bargaining in India involves negotiations between the accused person and the prosecution, followed by a court hearing where the judge decides whether to accept the agreement.
No, once a plea bargain is accepted in India, it cannot be reversed. The accused must abide by the terms of the agreement, including the reduced sentence.
Yes, a plea bargain agreement can be challenged in India if it is found to be unethical, illegal, or made under duress.
Yes, plea bargaining can have an impact on the accused's criminal record in India, as a guilty plea will be recorded. However, the reduced sentence may be seen as a more favorable outcome compared to a full trial and conviction.