- Plea bargaining can be done in a case instituted upon a police report or a complaint case.
- In State of M P vs Madan Lal, it was held that there shall be no mediation in rape cases.
- Plea bargaining can’t be done of a case in which the offence affects the socio- economic conditions of the country or if it has been committed against a woman or a child below 14 years of age.
- The application for plea bargaining will be filed by an accused along with an affidavit stating that the application is voluntarily filed.(Sec 265B)
- The provisions of Plea Bargaining are applicable after issuance of process under section 204.
- The application for Plea Bargaining will be filed by the accused in the court in which he offence is pending for trial.
- If the application of plea bargaining was filed voluntarily, then the court shall provide time to Public prosecutor or the complainant, and the accused to work on a mutually satisfactory disposition.
- Under section 265E, the manner of disposal of the case has been prescribed when a Mutually Satisfactory Disposition has been worked out. The court shall award the compensation to the victim according to the disposition or hear the parties on the quantum of punishment or release the accused on probation of good conduct or after admonition as per section 360.
- As per section 265G, no appeal shall lie against any judgment in case of plea bargaining. Only exceptions being SLP under article 136 and writ Petition under article 226 or 227 of the Indian Constitution.
- Section 265I provides that the Period of detention undergone by the accused to be set off against the sentence of imprisonment imposed under chapter 21A.
- Sec 428 of Crpc deals with the concept of setting off ie., deduction of the period of detention undergone by the accused against the sentence of imprisonment imposed, in the same manner as they apply to other provisions of Crpc.
- Section 265J says that chapter 21A shall have overriding effect over anything inconsistent contained in any other provision of Crpc.
- Section 265k provides that the statements of accused shall not be used for any purpose except for the purpose of chat 21A.
- Provisions for the attendance of persons confined or detained in prisons are covered under chapter 22 (Sec 266-271)
- Power to require the attendance of an accused is with Judicial Magistrate 1st class and Judicial Magistrate 2nd class whose order to produce the accused is counter signed by Chief Judicial Magistrate. (Sec 267)
- The accused can be produced by an order of the court at any inquiry, trial or other proceeding under Crpc.
- The power to exclude certain persons from being produced before the court is with the State government. (Section 268)
- The power of a officer in charge of a prison to abstain from carrying out the court’s order for production of accused is given under section 269.
- Where the place where accused is required to be produced for giving evidence is not more than 25 kms from the prison. the officer in charge of a prison shall not abstain the accused where the accused is committed under a trial or under remand pending trial or pending a preliminary investigation. (Sec 269 proviso)
