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Sunday, April 25, 2010

Now plea bargains to hasten pending cases

In order to facilitate speedy disposal of huge number of pending cases, CBI has decided to encourage plea bargaining. The term plea bargain was introduced in the Criminal Procedure Code as a new chapter (XXI A) through the Criminal Law (Amendment) Act, 2005. Essentially, it is a process through which a prosecutor strikes up an agreement with the defence counsel to make the accused confess his guilt. In return, the prosecution will secure lesser punishment for the accused. In Kolkata on Saturday, CBI Director Ashwani Kumar said, If anyone accused in a CBI case wants to do so, we are ready to bargain. He was focusing specifically on the delay in trials in courts. Under law, bargaining is applicable only in those offences for which the punishment is up to or less than seven years in jail. However, bargain does not apply to cases where the offence committed is socio-economic in nature or where it is committed against a woman or a child below the age of 14. According to law, the accused has a right to plea in court for bargain, and the application will be forwarded to the prosecuting agency. If the prosecutor agrees to bargain, the deal will be fixed, provided the judgement delivered is final. No appeals are allowed against such verdicts. Emphasizing need for speedy trials of cases being investigated by the CBI, Kumar said that 71 special CBI courts will be added. Currently, there are 46 CBI courts across the country. During an interactive session with mediapersons, the CBI director admitted that trials of 9000 cases are pending in courts across the country. Kumar has also planned to change their organisational set-up to avoid delays in investigation and prosecution. We have introduced investigation teams instead of an investigation officer to speed up investigations. We have decided to introduce a similar concept for the prosecution wing, said the director.
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(source-toi)

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