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Report No. 142

7.9. Counsel representing the accused would be unwilling to advise confession invoking scheme.-

This is a point forcefully put forward by the counsel in Allahabad High Court. It is claimed by them that the counsel representing the defendant are not likely to advise the clients to make recourse to the scheme. Firstly, it is said that the moment any such advice is given the defendant loses faith in the counsel representing him and will engage another counsel. Secondly, it is pointed out that after release a person who suffered conviction may be told that he would not have undergone the sentence had it not been for the advice given by his counsel.

He mould be told that as in several cases his case would also have resulted in acquittal. This objection also does not appear to be sound. Nor does it provide a good ground far abandoning the idea. Counsel will doubtless give such advice as is considered to be in the interest of their clients. And the likelihood of failure of the scheme, as expressed by some, cannot justify inaction on the part of the law makers.

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

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