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Kerala's push to plea bargaining
What is plea bargaining?
- The Plea bargaining the judicial process which offers speedy justice to the victim and lesser punishment for the under-trial prisoners is getting a push in Kerala courts.
- By invoking plea bargaining, courts can reduce the punishment to half in case of the offences for which minimum punishment has been prescribed.
- In some other cases, only the upper limit and not the minimum quantum of punishments will be spelt out.
Why is it in news?
- If an accused voluntarily admits his guilt, he/she could be released on probation or awarded lesser punishment by invoking plea bargaining.
- However, those offences which attract imprisonment of seven years or above and those committed against women and children will not be considered.
- Over 200 cases have so far been identified for plea bargaining after the Kerala High Court on a request from the Kerala State Legal Services Authority (KELSA) asked all the subordinate courts of the State to draw up a list of such cases.
- The officers of the district legal service authorities, law students, advocates and para legal volunteers are visiting all jails to identify possible beneficiaries of the scheme.
- The scheme attains significance in the wake of the delay in the dispensation of justice.
- Offences like causing hurt, grievous hurt, theft, causing death due to rash and negligent driving, assault or use of criminal force on women and causing danger or obstruction in public way or line of navigation would be considered for plea bargaining.
Exemptions
- If the accused was earlier convicted for the same offence or the offence affects the socio-economic conditions of society plea bargaining will not apply.
- Offences related to dowry, Sati, indecent representation of women, domestic violence, immoral trafficking those committed against Scheduled Caste and Scheduled Tribes, illegal use of explosives, offences against armed forces, offences mentioned in Wildlife Act and Essential Commodities Act are excluded from the ambit of plea bargaining.
Source
The Hindu