INTRODUCTION:
Any non-compoundable offense may or may not be settled at the option of the party. The non-compoundable offenses are grievous in nature and may unimaginably affect the victim. The victims may or may not forgive the accused for committing the wrong. The formation of an intention to commit a crime is sufficient to hold someone liable provided that it must be proven. Though at a later stage, the accused may have guilt over the act committed then he does bargain. Bargain could be in terms of sentence, charge, or fact.
WHAT IS PLEA BARGAINING?
Most simply ‘Plea Bargaining’ can be defined as an agreement to settle a dispute in a criminal trial. It is an agreement between the accused and the prosecution that the accused will plead guilty in return for something. It can help in reducing the cost of enforcement for both parties. It also allows a prosecutor to focus on the merits of the case. Over the years Indian Criminal Courts have been flooded with many cases and sometimes life span of the trial is too much. With all these the trial seems to be ineffective and expenditure is high. Plea Bargaining was not accepted with open arms there was a lot of debate and discussion over it. It would remove the risks and uncertainty of trial and provide a flexible approach to trial. Whereas in another way, it provides that the concept is too accused-friendly. Though the accused got lesser cost and punishment it does not compensate the sufferings of the victim. It was inserted by the Criminal Amendment Act 2005 as Chapter XXI A having 12 provisions for the same. The efficient and effective implementation of the concept by the courts.
COMPOUNDABLE & NON-COMPOUNDABLE OFFENCES:
Escaping from the long-run traditional court proceedings people tend to mutually settle the matter outside the court. The settlement could be possible in cases of civil as well as criminal nature. The settlement may happen only when the offense is compoundable. Such compoundable cases are listed under Section 320 Code of Criminal Procedure.
‘Compoundable Offenses’ in such cases parties may enter into a solution agreed upon mutually. The offences are not serious and settled in good faith. Offences like trespass, adultery, and defamation may be reached at a mutually agreed solution without permission of the court. Offences like assault, theft and criminal breach of trust may be settled with the court’s prior permission.
‘Non-Compoundable Offences’ in such cases it’s not easy to agree to a settlement. These offences are not committed against an individual; society suffers grievous hurt. The Code of Criminal Procedure does not provide a list of the same. It is just assumed that offences that are not mentioned in Section 320 are Non-Compoundable Offences. Such offences include kidnapping, abduction, and grievous hurt.
DIFFERENCING BETWEEN COMPOUNDABLE AND NON-COMPOUNDABLE OFFENCES:
- Compoundable offences are less serious in nature. Whereas non-compoundable offences are more serious in nature.
- Compoundable offences only affect an individual’s private interest. Whereas non- compoundable offences affect society at large.
- Compoundable offences are listed under Section 320 CrPC. Whereas non-compoundable offences are those which are not listed under Section 320 of CrPC.
- Compoundable offences may be settled with or without the court’s approval. However, non-compoundable offences could not be settled even if the court agrees.
- Compoundable offences are filed by a private individual. Whereas non-compoundable offences are filed by State on behalf of the victim.
PLEA BARGAINING AND NON-COMPOUNDABLE OFFENCES:
Many of the criminal offences are non-compoundable as they are grievous and these are committed against society as a whole. The Supreme Court has been careful to look for a thin line of difference between offences that shows the intensity and impact of crime. It allows the court to decide whether an offence is compoundable or non-compoundable offences. The Supreme Court stated that if any compounding is invalid the same may be set aside by High Court as a part of its revisionary power. (Rameshchandra J Thakkar v. A.P Jhaveri (1972)).
Mahesh Chand v. State of Rajasthan (1988)
The question before the court was whether Section 307 of the Indian Penal Code was compoundable or not. The Supreme Court invoked Article 142 of the Indian Constitution for serving justice to all. The article allows the Supreme Court to the conversion of non-compoundable to compoundable offences.
Ram Lal v. State of Jammu Kashmir (1999)
It reversed the judgement given by the Supreme Court in Mahesh Chand v. the State of Rajasthan. It was held that the offences mentioned under Section 320 CrPC cannot convert non-compoundable offences to compoundable ones.
B.S Joshi v. State of Haryana (2003)
The question was whether High Court has the power to quash orders related to non-compoundable offences under Section 482 CrPC. It was held that High Court must have the power to quash orders under Section 482 of CrPC if the offence was non-compoundable.
Gian Kaur v. State of Punjab (2012)
The Supreme Court held that High Court must not quash any matters that are serious and concerns the public at large. The rare offences shall not be compensated and shall be determined in a fair and just manner by courts. However, offences of private nature must be settled.
State of Rajasthan v. Shambhu Kewat (2013)
The case provides for the material to be referred to while determining the compoundable and non-compoundable offences. The Supreme Court observed that Courts may compound offences under Section 320 of CrPC. High Courts shall form opinions according to Section 482 of CrPC.
CONCLUSION:
The ‘Plea Bargaining’ shall be allowed in non-compoundable offences depending upon the intensity of the offence. No amount of money could settle the loss suffered by the victim or their family. The accused may plead guilty to an offence but while pleading he expects something in return. The part where he expects something in return for pleading guilty is like is accused feeling guilty. If seen there is never a loss for the accused to settle the crime. The provision must not be provided in non-compoundable offences.
Also read – https://blog.ipleaders.in/plea-bargaining-practice-india/
