xThe city police and prosecutors have failed to promote the “plea bargaining” provision in the Criminal Procedure Code that enables speedy delivery of justice in criminal cases. Plea bargaining is a provision in CrPC, and it came into effect in July 2006. It allows an accused to bargain regarding punishment in criminal cases.
Lack of awareness among the public and cops has resulted in this provision being under utilised. Around 11 lakh cases are pending in state courts. IG Santosh Mehra’s efforts to promote plea bargaining came to a standstill as he was transferred recently. When he was additional commissioner of police (crime) in the city, he wrote a letter to all city policemen bringing plea bargaining to their notice.
Another IPS official of police headquarters said, “This concept, popular in the West, has failed to take off in the state. Plea bargaining is applicable for offences for which punishment is up to 7-year impri-sonment. The accused has to file the application voluntarily when the offence is pending for trial.”
It is not applicable for offences that affect socio-economic condition of the country and those committed against women or children. In this, the complainant and accused are given time to dispose the case with mutual satisfaction that includes the accused paying compensation or other expenses incurred by the victim. In plea bargaining, court can dispose of the case by sentencing the accused to one-fourth of the punishment or more and judgement would be final and can’t be appealed. The statement in the plea can’t be used for any other purpose.