Plea-Bargaining-in-Criminal Cases is something like this. Before the case begins, an accused makes an application to Judge, and says, “If you are willing to let me go with one or two years punishment or with warning only, I am willing to admit my crime. I am also willing to pay some amount cash to family of person to whom I have beaten. I also promise to not to do such thing in future.”

The Judge hears this application in Camera. No press publicity. Victim of Crime is also heard. Attempts are made to reconcile grievances of parties.  Orders are passed accordingly. This saves time of court. This pays something to victim. And instead of facing punishment of SEVEN years, accused can walk out in one or two years. And sometime he can walk out with just warning. It helps all. Everyone is happy.

And if compromise does not take place, case go on as usual, as if nothing has happened.

These are called Pre-Bargaining-Proceedings. They are permissible since 2005 in India in crimes where maximum punishment is Seven Years. (And Crime is not a Socio-economic crime or about a girl below age of 14 years).

I wonder why few people are aware about this changes in Criminal Law in India since 2005.

I do not know why few lawyers have informed their client about these Plea Bargaining Proceedings under Sec.265B etc of CR.PC.

Haresh Raichura
8th June, 2012