WHAT IS A GUILTY PLEA?

A guilty plea and pleading guilty is the procedure under the Criminal Procedure Code, wherein the accused has been given a chance, after framing of chances under Section 228 of the Criminal Procedure Code, either to plead guilty or not guilty. Once the accused pleads not guilty, the Judge proceeds with the trial of the case.

Moreover, under section 228 of the Criminal Procedure Code, the Judge frames any charge, the charge shall be read and explained to the accused, and the accused shall be asked whether he pleads guilty of the offense charged or claims to be tried.

Thereafter, If the accused pleads guilty, then under section 229 of the criminal procedure code, the Judge shall record the plea and may, in his discretion, convict him.

IF ACCUSED PLEADS NOT GUILTY

Suppose the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 229, then under section 230 of Criminal Procedure Code. In that case, the Judge shall fix a date for the examination of witnesses and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.

PLEA BARGAINING

Whenever the accused pleads that he is guilty of the offense, then under section 265 B, he can apply to plea bargaining, wherein he can pray for the lesser punishment before the court, where the trial of the case is pending.

PARTICULARS REQUIRED IN PLEA BARGAINING

The shall contain a brief description of the case relating to which the application is filed, including the offense 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 offense, the plea bargaining in his case and that a Court has not previously convicted him in a case in which he had been charged with the same offense.

With reference to this, the Uttarakhand High Court in the matter of Vijay Moses Das Vs. CBI has laid down the settled principle of plea bargaining that if the accused has met the eligibility laid down in the provisions of the Criminal Procedure Code with regard to plea bargaining and moreover the accused has not been convicted previously for the same offense, then in such cases the trial court should allow the application for plea bargaining.

CONCLUSION

On the basis of aforesaid circumstances, it can be concluded that the pleading guilty by the accused at an earlier stage is suitable for the victim, complainant, and as well as for the courts. If the accused pleads guilty, it saves the court's precious time as the trial is time taking and it takes years after years to reach a conclusion. It is also beneficial for the victim as he/she will get justice in a lesser amount of time, and at the same time, it is good for the accused as the court may lessen the quantum of sentence and punishment when the accused files the plea bargaining for the same.

About The Author:

Adv. Edwin Kedasi studied at Osmania University, where he completed a BA LLB and an LLM in Corporate Law. He has obtained an ADR certificate from NALSAR and also work's with qualified advocates. Edwin has been practicing law in Hyderabad since 2006, with the enrollment number TS/1706/06. His practice areas include family cases, matrimonial disputes, police cases in matrimonial disputes, counseling, negotiations, mediation, criminal cases (including bails, writs, and police cases), all kinds of civil cases, matters under Section 138 of the NI Act, NDPS cases, NCLT matters, POSCO cases, accident cases, and providing legal advice and consultation.Adv