Skip to main content

Plea Bargaining

 

289. Application of Chapter

  • Applicability:

    • Applies to accused with:

      • Police report under Section 193 for offenses not punishable by death, life imprisonment, or >7 years.

      • Magistrate’s cognizance on complaint (excluding serious offenses).

  • Exclusions:

    • Not applicable if the offense affects socio-economic conditions or involves women/children.

  • Central Government Role:

    • Defines offenses affecting socio-economic conditions via notification.

290. Application for Plea Bargaining

  • Filing Period:

    • Application within 30 days from framing of charge.

  • Application Content:

    • Case description, offense details, affidavit (voluntary plea, no prior convictions).

  • Court Procedure:

    • Notice to Public Prosecutor/complainant and accused.

    • In-camera examination of accused for voluntariness.

    • If voluntary: time granted to settle case.

    • If involuntary or prior conviction: case proceeds per standard procedure.

291. Guidelines for Mutually Satisfactory Disposition

  • Police Report Cases:

    • Notice to Prosecutor, police officer, accused, victim.

    • Accused may have legal representation.

  • Non-Police Report Cases:

    • Notice to accused and victim.

    • Voluntary participation ensured by the Court.

292. Report of Mutually Satisfactory Disposition

  • If Agreement Reached:

    • Court prepares and signs a report with all participants.

  • If No Agreement:

    • Court records observations, case proceeds as usual.

293. Disposal of Case

  • Awarding Compensation:

    • Compensation to victim as per disposition.

  • Punishment Procedures:

    • Consider probation, admonition, or laws like the Probation of Offenders Act.

    • Reduced sentences for first-time offenders:

      • Half of minimum punishment.

      • One-fourth for first-time offenders.

      • Further reductions if applicable.

294. Judgment of Court

  • Public Judgment:

    • Delivered in open court, signed by the presiding officer.

295. Finality of Judgment

  • Final Decision:

    • No appeal allowed except special leave petitions or writ petitions under the Constitution.

296. Power of Court in Plea Bargaining

  • Court Powers:

    • Same powers as in regular bail, trial, and case disposal.

297. Period of Detention Set-Off

  • Detention Credit:

    • Detention period set off against the sentence as per Section 468.

298. Savings

  • Supremacy of Chapter:

    • Prevails over inconsistent provisions in other parts of the law.

299. Statements of Accused Not to Be Used

  • Confidentiality:

    • Statements in plea bargaining cannot be used for other purposes.

300. Non-Application of Chapter

  • Juvenile Exclusion:

    • Does not apply to juveniles/children under the Juvenile Justice Act, 2015.

Comments

Post a Comment

Popular posts from this blog

Contract Notes - 3

Object and Consideration in Contract Act, 1872 Object of a Contract The object of a contract is the purpose or intention behind the agreement between parties. For an agreement to be enforceable as a contract, its object must be lawful and not opposed to public policy or morality. The lawful object is a necessary element of a valid contract. If the object of the contract is illegal or immoral, the agreement is void. Section 23 of the Indian Contract Act states that the consideration or object of an agreement is lawful unless it is forbidden by law, or is opposed to public policy, or is fraudulent, or involves injury to the person or property of another, or the court regards it as immoral or opposed to public policy. Significance The object ensures that contracts are not made for purposes harmful to society or contrary to law. This protects public interest and maintains ethical standards in contractual relations. Landmark Case: Gherulal Parakh v. Mahadeodas Maiya (1959) AIR 781...
Post a Comment
Read more

Sales of Goods Act, 1930: Section-Wise Notes

1. Concept of Sale and Agreement to Sell 1.1 Definitions Sale of Goods (Section 4(b)): Sale is a contract whereby the ownership (property) in goods is transferred from the seller to the buyer for a price. Both the transfer of ownership and payment of price distinguish a sale. Agreement to Sell (Section 4(a)): Agreement to sell is a contract where the transfer of ownership is to take place at a future time or subject to certain conditions to be fulfilled later. Ownership passes only when those future conditions or time arrive. 1.2 Difference between Sale and Agreement to Sell Aspect Sale Agreement to Sell Transfer of Ownership Immediate transfer of ownership Transfer is future or conditional Nature of Contract Executed contract Executory contract Risk Passes to buyer immediately Remains with seller until transfer Remedies on Seller’s insolvency Buyer becomes owner; goods not affected Buyer has only contractual claim 1.3 Essential Elements of a Contract of Sale Two ...
Post a Comment
Read more

Contract Act Notes 1

Importance of Contracts Meaning of Contract A contract, per Section 2(h) of the Indian Contract Act, 1872, is an agreement enforceable by law. It represents the foundation of business, personal, and legal interactions where parties agree on rights and obligations. Role and Significance of Contracts Legal Enforceability: Contracts give legal backing to promises enabling parties to seek remedies in courts for breach, promoting trust. Facilitates Commerce: Provides a framework for predictable and secure commercial transactions, essential for business growth and economic stability. Defines Rights and Duties: Contracts clarify mutual duties and expectations, reducing disputes. Social Utility: Contracts facilitate cooperation in various spheres including employment, trade, insurance, real estate, etc. Dispute Resolution: Establishes mechanisms for remedies like damages, specific performance, cancellation. Framework for Justice: Ensures fairness, equity, and...
Post a Comment
Read more