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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


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