'Ensure effective utilisation of plea bargaining provisions'
Chandigarh, Jan. 14 -- The Haryana government on Tuesday issued directions to the state police and prosecution department to ensure effective and purposeful utilisation of the plea bargaining provisions contained in Chapter XXIII of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Plea bargaining is a process in which an accused in a criminal case agrees to plead guilty to a lesser charge or to a reduced sentence in exchange for some concession from the prosecutor or the court.
Additional chief secretary (ACS), home, Sumita Misra said the objective is to expedite the disposal of criminal cases and strengthen the justice delivery system. "Effective use of plea bargaining can significantly enhance public confidence in the criminal justice system,'' she said. The ACS said that plea bargaining was a pro-justice statutory mechanism intended to facilitate early resolution of criminal cases where the offence is punishable with imprisonment of seven years or less.
As per the law, an accused may apply for plea bargaining within 30 days from the date of framing of charges, enabling a faster and more efficient resolution process.
Misra said provisions empowered courts to allow the prosecution and the accused to arrive at a mutually satisfactory disposition under judicial supervision, after which the court may pronounce judgment in accordance with law. She said that such measures are essential to reduce pendency, address excessive caseloads and optimise the use of judicial, administrative resources, which are currently under significant pressure due to the mounting backlog of cases.
The ACS said directions have also been issued for organising structured training and capacity-building programmes for investigating officers, supervisory police officers and prosecution staff. These training modules will focus on legal framework, procedural requirements and ethical safeguards associated with plea bargaining to ensure its correct, uniform and lawful application in eligible cases....
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