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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.

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