Introduction
Plea bargaining is a process where the accused and the prosecution reach an agreement, usually to avoid a long trial.[1] It is widely used in many countries to save time, reduce expenses, and make justice quicker. In India, where court cases are often delayed and trials can take years, plea bargaining was introduced in 2005 through the Criminal Law (Amendment) Act.[2] Since then, it has become a topic of much discussion To understand the background of plea bargaining, it is important to first identify the key stakeholders involved in the process. In both trials and plea negotiations, the primary actors are the defence counsel, the prosecutor, and the judge. Scholars have long attempted to study how plea bargaining functions and have applied different theoretical perspectives to explain it. Despite varying approaches, the general conclusion remains that plea bargaining has now become an accepted practice, often seen as replacing the traditional idea of fair adjudication. From an economic perspective, Landes argues that plea bargaining operates like a transaction in which the prosecutor seeks to “buy” a guilty plea from the accused in return for a more lenient sentence.[3]
Definition of Plea bargaining
The law dictionary defines plea bargaining as an agreement between the parties (i.e. the plaintiff and defendant) to resolve the case between themselves without taking it further for trial.[4] Britannica Encyclopaedia defines plea bargaining as the practice of negotiation between prosecutor and defence attorney (acting on behalf of the accused) where the defendant pleads guilty in exchange for a lesser sentence or recommendation or a specific type of sentence or maybe dismissal of charges.[5]In simple terms, a plea bargain can be understood as an agreement between the accused and the State, represented by the prosecutor. The main purpose of this process is to save time, reduce investigation and trial expenses, and avoid lengthy proceedings.[6] Instead of going through a full trial, the State agrees to negotiate with the accused, who in return may plead guilty, pay a fine, or accept a reduced sentence.[7] By doing so, the State fulfills its duty of maintaining law and order in a more efficient manner, while the accused benefits from a lighter punishment.[8] In this way, plea bargaining is often seen as a “win-win” arrangement for both sides.
[1]Black’s Law Dictionary (9th ed. 2009), definition of “Plea Bargaining.”
[2]Criminal Law (Amendment) Act, 2005, inserting Chapter XXI-A into the Code of Criminal Procedure, 1973.
[3]William M. Landes, An Economic Analysis of the Courts, 14 J.L. & Econ. 61, 64–65 (1971).
[4]‘Plea Bargaining Definition & Meaning – Black’s Law Dictionary’ (The Law Dictionary, 2 March 2013) <https://thelawdictionary.org/plea-bargaining
[5]‘Plea Bargaining’ (Encyclopaedia Britannica)
[6]Law Commission of India, Report No. 154: The Code of Criminal Procedure, 1973 (1996), recommending the introduction of plea bargaining in India.
[7]Ibid
[8]Santobello v. New York, 404 U.S. 257 (1971), where the U.S. Supreme Court recognized plea bargaining as an essential part of the criminal justice system.