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Report No. 154

Issue No. 13-Plea Bargaining

Views of Judges

In most of the cases of response received by the Commission from the High Court Judges, no comment has been made on this point. Some 4 judges have taken up the issue wherein three of them have favoured the proposal. Thus, two different views have emerged as follows:

Justice D. Redeppa Reddy does not approve of this method of settling disputes as it may give rise to dubious practices besides being hit by Article 14 of the Constitution because of conferment of unfettered and unguided discretionary powers on the presiding officers. Further, it would also invite unnecessary criticism of the judiciary from litigant public. However nineteen judges of district courts and other subordinate judiciary have favoured the proposal as against 9 who are opposed to it. On .the other hand, Justice G.S.N. Tripathi of Allahabad High Court supports the idea of pre-trial bargaining in respect of compoundable offences only.

Views of Police Officers

The views on this point are equally divided. Shri H.J. Dora, Addl. DGP (CID) Hyderabad does not favour the acceptance of plea bargaining while Shri Anjeneya Reddy, DG (Vig. & Enft.) supports its acceptance.

Views of Advocates

Plea bargaining has been appreciated by the lawyers' community also. Shri K.T.S. Tulsi, Addl. Solicitor-General of India, observes that it is an important technique to avoid overcrowding of criminal cases in courts, but the same should be adopted with safeguards prevent its abuse. In this regard he suggests that if investigation and prosecution are entrusted with the District Attorneys and Advocate-Generals, there would be less possibility of this technique being abused. The Madras Bar Association has also supported this proposal.

Views of Academicians

No comments have been received.

Views of State Law Commissions

No comments have been received.

Views of State Governments

Only Sate Government of Gujarat has replied in the affirmative on this point.



The Code of Criminal Procedure, 1973 Back




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