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Labour Law I

Plea Bargaining (265-A)

Three things may shatter that confidence and cause immeasurable harm to society, and they are necessary to preserve the fabric of ordered liberty for a free people. The first is that people start to think that inefficiency and tardiness will erode even a fair assessment of its worth.

Scope of Plea Bargaining:


Plea bargaining is now a recognized legal strategy in criminal law. In accordance with the Plea Bargaining plan, it helps both the State and the accused. The court may sentence an eligible offender to probation or impose a reduced punishment if he freely acknowledges guilt. The accused saves time and money in this way.

In his speech to the American Bar Association, Warren E. Burger made the aforementioned declaration, which emphasizes the value of prompt justice in a free society. The overwhelming case backlog is the largest issue the Indian legal system is currently dealing with. According to renowned lawyer Nani Palkiwala, “The law may or may not be an ass, but in India, it is unquestionably a snail.” For a variety of causes, there are more than three crore cases that are pending in the courts.The dearth of judges in the appropriate courts is one of the primary causes of the judiciary’s pitifully low case disposition rate. One of the major reasons behind this abysmally low disposal of cases by Judiciary is the lack of number of judges in the respective courts. Apart from the huge backlog of cases, the conviction rate in our country is also very low hence the credibility of judgment is doubted. Judicial process is additionally time consuming, cumbersome and expensive.

All these problems call for an alternative. A way that would lead to speedy trial and efficient sentencing. A proposed alternative to this would be bringing the opportunity of plea bargaining into the Indian Criminal Justice System.

Plea Bargaining can be described as “pre-trial negotiations between the accused and the prosecution during which the accused agrees to plead guilty in exchange for certain concessions by the prosecution.”They are also referred to as plea agreement, plea deal or copping a plea. In the address he delivered to the American Bar Association, Warren E. Burger made the aforementioned declaration, which emphasizes the value of prompt justice in a free society. The overwhelming case backlog is the largest issue the Indian legal system is currently dealing with.

Plea bargaining was first used in the US in the 19th century and has been extremely effective. It has been a crucial component of their legal system. Despite the fact that Plea Bargaining is not expressly listed in their Constitution, their judiciary has affirmed its legitimacy. Today, plea deals rather than jury trials are used to resolve over 90 to 95 percent of criminal cases in the US.

Procedure For Plea Bargaining

Plea Bargaining can happen in a number of ways:

The Law Commission of India advocated the introduction of plea bargaining in India (even though the Supreme Court vehemently opposed it) in its 142nd, 154th and 177th reports. The Criminal Law (Amendment) Act of 2005 introduced a chapter XXI A into the Criminal Procedure Code, 1973. This came into effect on 5th July 2006. It allows plea bargaining to be used in the following  circumstances–

  1. Only for those offences that are punishable with imprisonment below 7 years.
  2. If the accused has been previously convicted for a similar offence by any court, then he/she will not be entitled to plea bargaining.
  3. Plea Bargaining is not available to offences which might affect the socioeconomic conditions of the country. For eg, for offences under the Dowry Prohibition Act, 1961, Commission of Sati Prevention Act, 1987, Juvenile Justice (Care and protection of Children) Act, 2000
  4. It is also not available if the offence is committed against a woman or child below 14 years.
  5. Plea Bargaining is not available for serious offences such as murder, rape

Plea Bargaining Can Happen In The Following Ways –

  • Withdrawal of one or more charges against an accused in return for a plea of guilty
  • Reduction of a charge from a more serious charge to a lesser charge in return of a plea of guilty
  • Recommendations by prosecutor to sentencing judges for lesser sentence in lieu of plea of guilty.

It may happen in many cases that the accused entering into plea bargaining may not do so voluntarily. Therefore, to ensure that the plea bargaining has happened in a proper way and justice has been ensured, the Court must adhere to the following minimum requirements,

  • The hearing must take place in Court
  • The Court must satisfy itself that the accused is voluntarily pleading guilty and there is no existence
  • of coercive bargaining to the prejudice of the accused
  • Any Court rejecting a plea bargaining application must be kept confidential to prevent prejudice to the accused.

Case Laws:

West Bengal State v. Amiya Kumar, 1978 Cri.LJ 288 According to the ruling in the current instance, section 438 of the code gives the high court and the session’s court the authority to issue anticipatory bail. The Sessions court and the High Court both have the authority to grant this bail. The petitioner cannot submit a petition for anticipatory bail before the high court if the Sessions court denies his request for it.

In State of Punjab v. Kala Ram @ Kala Singh (2018), the court decided that, in accordance with Section 366(2) of the Criminal Procedure Code, the court must award the convicted individual jail detention under a warrant in order to keep them in custody rather than as a form of punishment. The jailor’s narrow scope of authority is the “safe keeping” in their custody. In the Superintendent’s hands, it is a trusteeship rather than a true jail.

The police’s charge sheet links to and specifies the private person’s complaint, which is the basis of the criminal investigation. According to Rama Shankar v. State [AIR 1956 All 525], the police officer’s submission of the charge sheet shows that the initial investigation and planning for the same case are complete, and the magistrate can now evaluate the offense committed.

In the case of K. Satwant Singh v. State of Punjab (AIR 1960 SC 266), it was determined that the sections governing the joining of charges lack any real force. Under some conditions, the courts may decide that a joint trial of the accusations is in the best interests of the administration of justice after carefully examining the facts and circumstances of each case.

Strike

Strike‖ means a cessation of  work by a body of  persons employed in any industry acting  in combination, or a concerted refusal, or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment. [Section 2(q)]

The following points may be noted regarding the definition of strike:

  • Strike can take place only when there is a cessation of work or refusal to work by the workmen acting in combination or in a concerted manner.
  • A concerted refusal or a refusal under a common understanding of any number of persons to continue to work or to accept employment will amount to a strike.
  • The striking workman, must be employed in an ―industry‖ which has not been closed down.
  • Even when workmen cease to work, the relationship of employer and employee is deemed to continue albeit in a state of belligerent suspension.

TYPES OF STRIKE AND THEIR LEGALITY

  • Stay-in, sit-down, pen-down or tool-down strike

In all such cases, the workmen after taking their seats, refuse to do work. Even when asked to leave the premises, they refuse to do so.

All such acts on the part of the workmen acting in combination, amount to a strike. Since such strikes are directed against the employer, they are also called primary strikes.

(ii)  Go-slow

Go-slow does not amount to strike, but it is a serious case of misconduct.

(iii)  Sympathetic strike

Cessation of work in the support of the demands of workmen belonging to other employer is called a sympathetic strike.

This is an unjustifiable invasion of the right of employer who is not at all involved in the dispute. The management can take disciplinary action for the absence of workmen.

(iv)  Hunger strike

Some workers may resort to fast on or near the place of work or residence of the employer. If it is peaceful and does not result in cessation of work, it will not constitute a strike.

But if due to such an act, even those present for work, could not be given work, it will amount to strike

(v)  Work-to-rule

Since there is no cessation of work, it does not constitute a strike.

LEGALITY OF STRIKE

The justifiability of strike has no direct relation to the question of its legality and illegality.

The justification of strikes has to be viewed from the stand point of fairness and reasonableness of demands made by workmen and not merely from stand point of their exhausting all other legitimate means open to them for getting their demands fulfilled.