Report No. 154

Plea-Bargaining

Chairman, Law Commission of India referred to the method of plea-bargaining prevalent in U.S.A. wherein the accused for minor offences is fined and not being prosecuted.

Thiru S. Sripall, D.G.P. viewed that this must be seriously thought of because the society should not take advantage of this and pay the amount for the offences committed. It also matters about the type of offences that should come under the category of plea-bargaining. Ammu Balachandran, Advocate, Madras and K. Sumathi, Advocate, Wowen Lawyers Association suggested that trial in respect of cases such as rape should be tried in family courts in the State and only women prosecutor should be appointed for such courts. In this context special reference is made to Article 125 that the provision is salutary to make more changes.