Report No. 142
3.2. Not practised in India.-
Criminal jurisprudence of India does not recognise the concept of "plea-bargaining" as such. Reference may, however, be made to section 206(1) and section 206(3) of the Code of Criminal Procedure and section 208(1) of the Motor Vehicles Act, 1988. These provisions enable the accused to plead guilty for petty offences and to pay small fines whereupon the case is closed. But there is no bargaining between the prosecution on the one hand and the accused on the other.
For examining the pros and cons of the practise it is, therefore, necessary to make an intensive study of this concept as practised in America and other countries and the results thereof. The views in favour of the concept as well as against it deserve to be carefully assessed. It would be desirable to deal with this concept in some detail so that there is proper appreciation of the matter.