Question

The Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is up to a period of

• A. 7 years
• B. 2 years
• C. 10 years
• D. 5 years

Hint:

Remember the "7-year rule" for plea bargaining. If the maximum sentence for an offence exceeds 7 years (or is death/life), plea bargaining is not an option. This is a common and important point to remember from Chapter XXIA of the CrPC.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
Plea bargaining, introduced in India through Chapter XXIA of the CrPC, is a pre-trial negotiation between the accused and the prosecution where the accused agrees to plead guilty in exchange for a lesser punishment or a reduced charge. The question asks about the scope of its applicability based on the quantum of punishment for the offence.
Step 2: Detailed Explanation:
Section 265A of the CrPC lays down the applicability of this chapter. It states that plea bargaining shall apply in respect of an accused against whom a report has been forwarded by the police under section 173 alleging that an offence has been committed, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided. This means that plea bargaining is applicable only for offences where the maximum punishment is imprisonment for a term of up to seven years. It is not available for more serious offences. It also excludes offences affecting the socio-economic condition of the country or offences committed against a woman or a child below the age of fourteen years.
Step 3: Final Answer:
Plea bargaining is applicable for offences for which the punishment of imprisonment is up to a period of 7 years.