Hyderabad: Legal practitioners at the high court and trial courts in the city say that awareness needs to be raised about the benefits of plea bargaining and initiative must be encouraged from both prosecution and defence sides in cases to take advantage of it. Lack of such awareness is the reason why plea bargaining hasn’t been implemented in the 11 years since it came into existence, says leading criminal lawyer T. Pradyumna Kumar Reddy.
He said trial court judges should take the initiative and educate the defence side in cases of the advantages of accepting guilt and pleading for reduction in sentence before commencement of trial rather than pleading for reduced sentences and knocking on the doors of higher courts after the trial and sentencing.
“The Indian justice system has always believed in reformative theory. Plea bargaining is one of the ways towards reformation of the guilty. It also provides some solace for the victim by way of compensation for the loss or harm caused to them due to the act of the accused,” says another senior criminal lawyer, C. Mallesh Rao.
He said that once the accused repents for the harm caused to the victim and offers the latter compensation and the satisfaction of a sentence, even if a reduced one.
Mr. Rao suggested that there is a wide scope for adopting plea bargaining in cases under the Motor Vehicle Act, petty offences and offences related assets. He said that when the trial courts can give an opportunity for counselling to parties in matrimonial disputes, the same logic can be extended to cases where plea bargaining is applicable.
