A plea bargain in Indian criminal law refers to an agreement between the accused and the prosecution, where the accused pleads guilty to a lesser offense or to a lesser punishment in exchange for a lighter sentence. This practice was introduced into Indian law through the Criminal Law (Amendment) Act, 2005, which added Chapter XXI-A to the Code of Criminal Procedure, 1973 (CrPC). Here’s how plea bargaining works under Indian law: 1. Who can apply? It is available only to accused persons charged with offenses that are not punishable by death, life imprisonment, or imprisonment for a term exceeding seven years. It is not applicable in cases where the accused has been previously convicted of a similar offense. Plea bargaining is not allowed in cases affecting the socio-economic condition of the country or offenses committed against women or children below the age of 14. 2. Types of Plea Bargaining Charge Bargaining: The accused pleads guilty to a lesser charge than the one originally brought. Sentence Bargaining: The accused pleads guilty in exchange for a lighter sentence. Fact Bargaining: The accused pleads guilty and agrees to a set of facts that are presented to reduce the charge or sentence. 3. Procedure for Plea Bargaining The accused must file an application in the court before the trial begins, stating that they wish to enter into plea bargaining. The court will then issue a notice to the prosecution and the accused to appear before it. The court will conduct an inquiry to ensure that the application is made voluntarily. The accused, the victim (if any), and the prosecutor can then work out a mutually satisfactory agreement. 4. Court’s Role The court will examine the agreement and ensure that it is in accordance with the law. Once satisfied, the court will award a lesser sentence to the accused, which may involve a reduced fine, community service, or probation, depending on the agreement. 5. Advantages of Plea Bargaining It helps in speedy disposal of cases, reducing the burden on courts. It offers a way for the accused to receive a lighter sentence while avoiding prolonged trials. Victims can receive compensation quickly, and the process can be less stressful for all parties involved. 6. Disadvantages of Plea Bargaining It may lead to injustice, as the accused might feel compelled to plead guilty even if they are innocent, just to avoid the uncertainties of a trial. It might encourage the practice of avoiding proper trials, potentially weakening the criminal justice system. In essence, plea bargaining is a mechanism designed to facilitate a more efficient resolution of criminal cases while balancing the interests of the accused, the victim, and the justice system.