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| SJA organizes orientation programme on Plea bargaining | | | EARLY TIMES REPORT
JAMMU, Aug 28:
Jammu & Kashmir State Judicial Academy (SJA) today organized orientation programme on “Plea Bargaining” for the Chief Judicial Magistrates and Judicial Magistrates of Jammu Province, at High Court Complex, Jammu.
Resource Persons for the programme were Professor V.K. Kapoor, Director, Dogra Law College and D.K. Kapoor, Former District & Session Judge.
Prof Kapoor dealt with concept and overview of provisions of Plea Bargaining. He told the participants that though the concept is not new to the Criminal Jurisprudence in India but lately we have borrowed the provisions of law from American and British Criminal Justice systems. In India during Mughal Rule and early period of British Rule criminal courts were governed by principles of Mohammdan Law. Fundamentals of Mohammdan Law included the ideas which are now named as Plea Bargaining, in that victim of the crime or his family would get compensation in lieu of sentence, comensurating the nature of wrong done. After getting compensation accused would be let off with no punishment or lighter one as against the punishment which he would get in regular process.
Professor Kapoor further told the participants that Law Commission of India made recommendations on number of times to incorporate such provisions in criminal law and thereafter it was recommended by Malimath Committee as well. Chapter on Plea Bargaining was introduced in Central legislation in 2004, whereas in J&K State similar provisions were introduced in Criminal Procedure Code in 2007. Provisions contained in Central and State Procedure Code are substantially different from those applicable in American and British Jurisdictions. These provisions ensure that cases are disposed of in short time where accused voluntarily makes plea of guilt. In such a situation courts have been empowered to impose lesser punishment or to let off accused after admonition where cases are of trivial nature. Important benefit of Plea Bargaining is that after receiving punishment and sentence under these provisions civil consequences arising are wiped off and any plea of guilt made cannot be used against accused in any other legal proceedings. |
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