Application for plea bargaining
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Summary
An accused can apply for plea bargaining within 30 days from the date of framing of charge in the trial court. The application must briefly describe the case and be supported by an affidavit that the accused voluntarily chooses plea bargaining and has no prior conviction for the same offence. The court gives notice to the Public Prosecutor or complainant, examines the accused in camera, and if satisfied it may allow up to 60 days for the parties to reach a settlement (including compensation); if the plea was involuntary or the accused has a prior conviction for the same offence, the court proceeds with the trial.
Example
Priya is accused of stealing from a shop and the court frames charges. Within 30 days she files a plea bargaining application with an affidavit saying she chooses it voluntarily and has no prior conviction for the same offence. The court notifies the Public Prosecutor and complainant, examines Priya in camera, and if satisfied gives up to 60 days to settle terms including compensation; otherwise the trial proceeds.
Bare Act
Enacted text(1) A person accused of an offence may file an application for plea bargaining within a period of thirty days from the date of framing of charge in the Court in which such offence is pending for trial.
(2) The application under sub-section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in which he had been charged with the same offence.
(3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or the complainant of the case and to the accused to appear on the date fixed for the case.
(4) When the Public Prosecutor or the complainant of the case and the accused appear on the date fixed under sub-section (3), the Court shall examine the accused in camera, where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where-
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(a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time, not exceeding sixty days, to the Public Prosecutor or the complainant of the case and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case;
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(b) the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Sanhita from the stage such application has been filed under sub-section (1).
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