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Report No. 142

7.10. Plea-bargaining may increase the incidence of crime.-

It is suggested by some that adoption of the scheme may increase the incidence of crime in the country. It is claimed that because of the expectation that a person may be let off lightly by reason of pleading guilty, offences may be committed by persons so raided. There may also be temptations to repeat the commission of offences, it is argued.

7.11. In the first place, the scheme does not envisage that an application, if made, shall be necessarily accepted. The authority considering the acceptance or otherwise of the request for concessional treatment would weigh all pros and cons and, more particularly, look into the nature of offences broadly and exercise discretion to accept or reject the request. Secondly, the scheme may be restricted to a first offender. Even in the present state of law, a first offender is entitled to be enlarged on probation in respect of many offences. The fear is thus ill-founded.

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

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