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Report No. 142

Chapter VII

Objections to the Introduction of the Concept in Indian Legal System Answered

7.1. The Commission has carefully considered the various objections to the introduction of the concept in Indian criminal jurisprudence. The objections raised and the Commission's views in relation to the same are dealt below.

7.2. Country's social conditions do not justify the introduction of the concept.-

Several respondents point out that the scheme of "plea-bargaining" might have succeeded in America and a few other European countries because of the social conditions existing in those countries. Literacy, it is pointed out, is of a high order and people in those countries, by and large, realise the consequences of invoking the scheme involving a confession to the commission of crime. It is said that the position is not the same in out country where literacy is very low.

7.3. It has to be realised that even illiterate persons with their robust common sense are capable of realising the consequences of making recourse to the scheme. The legal aid apparatus is also available for consultation if they cannot afford legal counsel.

7.4. It may be pointed out that defendants are generally advised by their trusted lawyers and there are no grounds to think that a defendant, except in very rare cases and circumstances, would make confession of guilt entailing personal and social consequences to him not with standing his innocence. Besides, the scheme which is being proposed takes care of this objection in as much as a judicial officer acting as a plea judge or a committee of two retired High Court Judges would be explaining to the accused persons the consequences of pleading guilty tinder the scheme.

Concessional Treatment for Offenders who on their own initiative choose to plead guilty without any bargaining Back

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