Application for plea bargaining
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Summary
An accused may apply for plea bargaining in the trial Court by filing a brief description of the case and an affidavit saying he understands the punishment, prefers plea bargaining voluntarily, and has not been earlier convicted for the same offence. The Court will notify the Public Prosecutor or complainant and the accused and examine the accused privately to confirm voluntariness. If satisfied, the Court gives time to the parties to negotiate a settlement (including compensation to the victim) and fixes further hearing; if not satisfied or there is a prior conviction, the trial proceeds normally.
Example
Ravi, accused of causing hurt to a neighbour, files a plea bargaining application in the trial Court with a short case description and an affidavit saying he understands the possible punishment and acted voluntarily. The Court examines Ravi in camera to confirm voluntariness. If satisfied, the Court allows Ravi and the Public Prosecutor or complainant to work out a settlement, including compensation to the victim, and fixes the next hearing.
Bare Act
Enacted text(1) A person accused of an offence may file an application for plea bargaining 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 a case 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, as the case may be, and to the accused to appear on the date fixed for the case.
(4) When the Public Prosecutor or the complainant of the case, as the case may be, 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 to the Public Prosecutor or the complainant of the case, as the case may be, 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 Code from the stage such application has been filed under Sub-Section (1).
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