Report No. 142
Chapter IV
Commission makes a Survey
4.1. Taking a note of all the above aspects of the matter, the Commission felt that a sample survey should be made and well-informed opinion gathered within the country before finally taking a decision in the matter. The Commission thought that opinion may be gathered by contacting members of the Bar and Bench in tour States and one Union Territory.
Accordingly, Andhra Pradesh, Karnataka, Maharashtra and Uttar Pradesh and the Union Territory of Delhi were selected by way of a sample survey for the purpose of eliciting opinion not only on the basic question whether the concept of "plea-bargaining" should be introduced m our criminal jurisprudence, but also on the various allied matters that arise for consideration. A brief note, along with a questionnaire (ANNEXURE 'A') was sent to all the High Courts with a request that it may be circulated among all the Hon'ble Judges of the High Court and the Sessions Judges and Magistrates. The said note and questionnaire were also circulated among persons whom the Commission proposed to contact personally.
4.2. Adequate programmes were drawn up in each of the four States and the Union Territory of Delhi to contact High Court Judges, Sessions Judges, Metropolitan and Chief Judicial Magistrates, Law Officers like Advocate-General, Public Prosecutors, Government Pleader etc., President of the Bar Association, Chairman of the Bar Council, Senior Counsels on the trial as well as the appellate side of the criminal courts and finally Academicians and sociologists. The High Courts of Andhra Pradesh, Karnataka, Maharashtra and Uttar Pradesh helped the Commission in drawing up suitable programmes to contact the above category of persons.
The High Court of Delhi has also issued directions to some Sessions Judges to appear before the Commission and state the necessary views in the matter. The Commission deputed one of its Members to visit the above States personally and hold sittings in the respective High Courts and record the views of the Hon'ble Judges of the High Court, judicial officers, law officers and the counsel specially invited to meet the Members of the Commission for the purpose.
The Learned Member accordingly visited the States and recorded the views of the experts appearing before him in response to the request made by the Commission. The High Courts have also circulated the questionnaire and forwarded the same to the Law Commission. The views personally expressed by the persons who appeared before the Member of the Commission and also the views expressed in the answer to the questionnaire issued were duly tabulated in the Commission's office.
4.3. The following Table shows particulars of the various persons whose views were recorded in the State of Andhra Pradesh, Karnataka, Maharashtra and Uttar Pradesh and the Union Territory of Delhi. The Table also contains particulars regarding the number of persons who sent replies to the questionnaire issued. It may be pointed out that apart from Andhra Pradesh, Karnataka, Maharashtra, Uttar Pradesh and Delhi, Punjab and Haryana, Kerala, Himachal Pradesh and West Bengal have also forwarded responses to the questionnaire issued:
State |
Number of persons whose views were recorded |
Number of persons respounded to the recorded questionnaire |
Total |
Andhra Pradesh |
17 |
41 |
58 |
Karnataka |
12 |
42 |
54 |
Maharashtra |
35 |
34 |
69 |
Uttar Pradesh |
30 |
26 |
56 |
Delhi |
3 |
17 |
20 |
Punjab and Haryana |
" |
84 |
84 |
Kerala |
" |
18 |
18 |
Himachal Pradesh |
" |
22 |
22 |
West Bengal |
" |
41 |
41 |
Total |
97 |
325 |
422 |
4.4. A classification of the persons whose views were personally recorded may be seen from the following Table:
State |
No. of High Court Judges |
District and Sessions Judges, Chief Metropolitan Magistrates and CJMs, Registrars of High Courtrs etc. |
Law Officers, Advocate-General, Public Prosecutors, Govt. Advocates etc. |
Lawyers including trial Lawyers and appellate lawyers on the criminal side |
Total |
Andhra Pradesh |
5 |
3 |
4 |
5 |
17 |
Karnataka |
4 |
4 |
3 |
1 |
12 |
Maharashtra |
5 |
4 |
5 |
21 |
35 |
Uttar Pradesh |
4 |
7 |
5 |
14 |
30 |
Delhi |
.. |
3 |
.. |
.. |
3 |
Total |
18 |
21 |
17 |
41 |
97 |
The responses to the questionnaire received from the High Courts were from the Sessions Judges, Metropolitan Magistrates, Chief Judicial Magistrates, whose views were not personally recorded.
4.5. An analysis was made of the views recorded from persons from various States and also of the views expressed by the judicial officers in the response sent from various States.
