Plea Bargaining MCQ Quiz in தமிழ் - Objective Question with Answer for Plea Bargaining - இலவச PDF ஐப் பதிவிறக்கவும்

Explanation: In Indian the concept of Plea Bargaining under Section 265 A is based on Sentence Bargaining. Unlike UK where plea bargaining is in the form of Charge Bargaining. Once the accused has been convicted and there is a sentence hearing he can bargain in the sentence.

The correct answer is Option 3

Key PointsThe Concept of Plea Bargaining inserted by the Criminal Law (Amendment) Act, 2005 as Chapter XXI-A lays down the principles of sentence bargaining upon conviction. Section 265 C of CrPC lays down that in the process of Plea Bargaining, the accused, victim, Investigation Officer, and the Public Prosecutor can participate. 

correct answer is Only the accused.

Key Points The provision for plea bargaining is primarily covered under Section 265B to Section 265L. According to Section 265B, the following persons can move the court for plea bargaining:

• Accused Person: The accused person, who is charged with an offense, can move the court for plea bargaining.
• Accused's Counsel: The legal representative (counsel) of the accused can also move the court for plea bargaining on behalf of the accused person.

Plea bargaining is a negotiation between the accused and the prosecution, where the accused agrees to plead guilty in exchange for certain concessions, such as a reduced sentence or charges. It is a mechanism aimed at reducing the burden on the judiciary and providing a quicker resolution to certain criminal cases.

The correct answer is Option 3.

Key Points Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the idea of Plea Bargaining. It was inserted into the Criminal Law (Amendment) Act, 2005. It allows plea bargaining for cases:

• Where the maximum punishment is imprisonment for 7 years;
• Where the offenses don't affect the socio-economic condition of the country;
• When the offenses are not committed against a woman or a child below 14 .

Judges used this bargaining to encourage confessions. Plea Bargaining isn't an indigenous concept of Indian criminal law. It is a part of the recent development of the Indian Criminal Justice System (ICJS). It became inculcated in Indian Criminal Justice System after thinking about the weight of long-status cases on the Judiciary.

The Law Commission turned into first to recommend the plea bargaining in the Indian Criminal Justice System. It defined Plea Bargaining as an opportunity method that has to be added to deal with huge criminal instances in Indian courts.

Exceptions to plea bargaining

1. Offences that are punishable with death, imprisonment of life, a term exceeding 7 years of imprisonment,
2. Offences against women (like stalking or rape),
3. Offences against children under the age of 14
4. Offences that affect the socio-economic condition of a country (like food adulteration or money laundering)
5. Apart from this, where the court finds that a person has been convicted under the same offence previously or that he (accused) has involuntarily filed the application under this concept, the court can proceed further in accordance with the law from the stage where such an application has been filed.

The correct answer is Option 2.

Key Points

• The concept of plea bargaining is contained in Chapter XXI-A of the CrPC under Sections 265A-265L. This part was added by the Criminal Law (Amendment) Act of 2005.
•  In the context of this concept, the word ‘plea’ means “request” and the word ‘bargaining’ means “negotiation”. So, in simple terms, it means a process under which a person who is charged with a criminal offence negotiates with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.

Additional Information Exceptions to plea bargaining:- 

• Offences that are punishable with death, imprisonment of life, a term exceeding 7 years of imprisonment,
• Offences against women (like stalking or rape),
• Offences against children under the age of 14
• Offences that affect the socio-economic condition of a country (like food adulteration or money laundering)
• Apart from this, where the court finds that a person has been convicted under the same offence previously or that he (accused) has involuntarily filed the application under this concept, the court can proceed further in accordance with the law from the stage where such an application has been filed.

The correct answer is Both (1) and (2) are incorrect

Key Points 

Plea-bargaining added by added in year 2005 for the protection of interest of the accused.

• Plea-bargaining (Section 265A- 265L).

 

Objectives -:

• Plea bargaining is a process in which the prosecution and the defense reach an agreement on the charges and the sentence in a criminal case.
• The agreement is typically based on the defendant pleading guilty to a lesser charge or to fewer charges than the original charges.
• In exchange for the guilty plea, the prosecution may agree to recommend a lighter sentence or to drop some of the charges.
• Plea bargaining can be beneficial for both the prosecution and the defense.
• For the prosecution, plea bargaining can save time and resources, and it can also increase the likelihood of obtaining a conviction.
• For the defense, plea bargaining can result in a lighter sentence or the dismissal of some charges.