Report No. 142

Concessional Treatment for Offenders who on their Own Initiative Choose to Plead Guilty without any Bargaining

Contents
Chapter I	Introduction
1.1	The Objective
2.	Experience of American Courts
3.	Evolving a new model
Chapter II	Magnitude of the Problem of Delays in Criminal Cases
2.1,2.	Delay in the disposal of criminal trials and appeals
3 to 6.	Supreme Court takes cognizance of the matter
7 to 11.	Unavailability of relevant statistical data regarding under-trial prisoners
Chapter III	Concept of Plea-Bargaining-A Practice being Successfully Practised in U.S.A
3.1	The Concept
2.	Not practised in India
3.	Origin
4.	Reasoning of proponents
5 to 7.	Opponents' view points
8.	Need to assess the system as it is
9.	Assumption that ordinarily the innocent would not plead guilty
10.	Do the really guilty escape lightly
11.	U.S. Supreme Court upholds constitutionality and recognises the value of plea-bargaining
12.	The Supreme Court held that guilty pleas are valid if they are voluntary and intelligent
13 to 16.	The Supreme Court also found that the award of lesser punishment pursuant to please bargain is not invalid
17.	An Analysis of U.S. Supreme Court Judgments
18.	Conclusion
Chapter IV	Commission makes a Survey
	Commission makes a Survey (1)
	Commission makes a Survey (2)
Chapter V	Canadian Law Commission examines the Concept in a Working Paper of 1989 and Recommends introduction thereof in Criminal Jurisprudence
	Canadian Law Commission examines the Concept in a Working Paper of 1989 and Recommends introduction thereof in Criminal Jurisprudence
Chapter VI	Observations of Supreme Court of India Concerning "Plea-Bargaining" in the Context of the Present Legal Frame
	Observations of Supreme Court of India Concerning Plea-Bargaining in the Context of the Present Legal Frame
	Illegality and Public Policy
	Constitutionality
Chapter VII	Objections to the Introduction of the Concept in Indian Legal System Answered
	Country's social conditions do not justify the introduction of the concept
	Pressures from prosecuting agencies may result in convictions of the innocents
	The poor will be the ultimate victims of the concept
	Counsel representing the accused would be unwilling to advise confession invoking scheme
	Plea-bargaining may increase the incidence of crime
	Criminals may slip through the net with impunity
	No social benefits accrue
	Public debate
	Conclusion
Chapter VIII	Objections to the Application of the Concept in Indian Legal System Answered
	Non-application of the Scheme to certain offences
Chapter IX	Guidelines and Procedure to be incorporated in the Statute
	Competent Authority
	Commentary
	How to set in motion the machinery
	Commentary
	Procedure to be followed on institution of an application
	Apprising the accused of the implications of the proceedings
	If the application is not rejected
	Rejection of application
	Summoning of record if application is not rejected
	Commentary
	The hearing of the application
	Commentary
	Procedure to be followed in cases to which the probation of Offenders Act
	Commentary
	Procedure to be followed in cases arising out of offences alleged to have been committed which are compoundable under section 320 of Cr. P.C
	Procedure to be followed in cases where minimum sentence is provided for the offence alleged to have been committed by an offender
	Commentary
	Power to convert the section under which charge is levelled to a section constituting a lesser offence
	Commentary
	Guidelines for determining the quantum of substantive punishment of imprisonment in jail in cases
	Guidelines as regards punishment to be imposed
	Certain categories to be excluded from the scheme totally or in the first phase
	Commentary
	Need for amendment of section 357 of Cr. P.C
	Definition of 'aggrieved'
Chapter X	How the Proposed Scheme overcomes the Objections and Apprehensions entertained by those who doubt the Feasibility of the Concept
	How the Proposed Scheme overcomes the Objections and Apprehensions entertained by those who doubt the Feasibility of the Concept
Chapter XI	Conclusions
	Recommendations
	Highlights of the Scheme
Annexure A	Feasibility of introducing the Concept of Plea-Bargaining
	Performa of Statistical information to be Furnished by the Metropolitan Sessions Judge and District and Sessions Judges
	Statement of Criminal Cases (Trials) Disposed of During the Calendar Years 1988 and 1992
Annexure B	Recommendation made by the Law Reform Commission of Canada in Working Paper 60
Annexure C	Verbatim extracts of the Relevant Passages from the Two Leading Cases of U.S. Supreme Court