Law and You >Procedural Laws > BNSS > Concept Application 23.1 MCQs on Plea Bargaining (Sentence Bargaining)
Synopsis of Plea Bargaining (Sentence Bargaining):
Plea bargaining refers to a person charged with a criminal offence (accused) negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence. It primarily involves pre-trial negotiations between the accused and the prosecutor. In India sentence bargaining is allowed.
- Corresponding Statute: Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Corresponding Chapter: Chapter XXIII
- Corresponding Sections: Sections 289 to 300
- Section 289 BNSS specifies that the plea bargaining chapter (Chapter XXIII) applies to offenses for which the maximum punishment is not death, life imprisonment, or more than seven years, and excludes offenses against women, children, or those affecting the country’s socio-economic conditions. The Central Government can also notify other specific offenses that fall under these socio-economic or victim-related exclusions.
- The plea bargaining process can be initiated only by the accused.
- The Court testify the accused in-camera to verify voluntariness of the plea.
- The court may permit the prosecutor, the investigating officer and the victim (if any) to hold a meeting for a “satisfactory disposition of the case”.
- Once mutual satisfaction is reached, the court formalises the arrangement by way of a report signed by all the parties and the presiding officer.
- The judgment is given in open Court.
- The accused may be sentenced to a prison term that is half the minimum period fixed for the offence. If there is no minimum term prescribed, the sentence should run up to one-fourth of the maximum sentence stipulated in law. The outcome may also involve payment of compensation and other expenses to the victim by the accused.
Plea bargain is a pragmatic vision to overcome crowded criminal courts and prisons and a potential way to improve the litigation efficiency and rationalize judicial resources, infrastructure and expenses.
Choose Correct Alternative (MCQs)
1. In which Chapter the provisions related to plea bargaining are contained?
(a) Chapter XXI
(b) Chapter XXII
(c) Chapter XXIII
(d) Chapter XXIV
2. The provisions related to plea bargaining are contained in:
(a) Section 289 to 293 BNSS
(b) Section 289 to 300 BNSS
(c) Section 289 to 298 BNSS
(d) Section 289 to 305 BNSS
3. Plea bargaining under Indian Law implies:
(a) bargain for declaration that the accused is innocent
(b) bargain for dilution of charge
(c) bargain for lesser punishment or release on probation on accepting the charge
(d) plea for lesser punishment and dilution of the charge
4. Right of an accused under Indian Law implies:
(a) Fact bargaining
(b) Charge bargaining
(c) Sentence bargaining
(d) All of the above
5. An Accused may apply for plea bargaining where he has committed
(a) an offence for which the punishment extends for imprisonment exceeding seven years
(b) an offence which affects socio-economic condition of the country
(c) an offence against woman
(d) an offence of theft
6. An Accused of an offence may apply for a plea bargain in
(a) In the Court in which his case is pending trial
(b) In any Court
(c) In the High Court
(d) In the Police Station
7. An Accused may apply for plea bargaining where he has committed
(a) Murder
(b) an offence which is affecting socio-economic condition of the country
(c) theft
(d) an offence affecting women or children
8. Whom of the following can move the Court for the plea bargaining?
(a) The investigating officer
(b) The Complainant
(c) The accused
(d) The accused or the complainant
9. In which of the cases a plea bargain cannot be effected:
(a) where the offence is punishable with imprisonment exceeding 7 years
(b) where the offence is against children
(c) where the offence is against women
(d) all of the above
10. The offence affecting the socio-economic condition of the country, to which plea bargaining is not applicable, shall be notified by:
(a) The State Government
(b) The SC/ST Commission
(c) The Human Right Commission
(d) The Central Government
11. Who can file an application for plea bargaining in the Court in which an offence is pending for trial?
(a) The Public Prosecutor
(b) The victim of the offence
(c) The Investigating Officer
(d) None of the above
12. Who can participate in plea bargaining?
(a) The accused and victim
(b) The accused, victim, prosecution, and investigating officer
(c) Only Court
(d) None of the above
13. The Court application for the plea bargaining by the accused, to satisfy itself that it is made voluntarily
(a) Examines him in open Court
(b) Examines him in camera
(c) Records his evidence on oath
(d) Seeks his affidavit
14. Guidelines for mutual satisfactory disposition are covered under:
(a) Section 291
(b) Section 292
(c) Section 293
(d) Section 295
15. In case of plea bargaining by the parties;
(a) No Judgement may be delivered by the Court
(b) Judgement may be delivered in private to the parties
(c) Judgement shall be delivered in the open court
(d) The bargain struck by the parties is to operate as the Judgement
16. The chapter of plea bargaining does not apply:
(a) when the offence is punishable with death
(b) when the offence is punishable with life imprisonment
(c) to a juvenile
(d) all of the above
17. The provisions of plea bargaining are applicable
(a) to juvenile offenders
(b) at appellate stage
(c) where the imprisonment is for more than 7 years
(d) after issuance of the process under section 227 BNSS
18. The statements or facts stated by an accused in an application for plea bargaining
(a) can be used in any other case against the accused
(b) can be used in any other case against the accused only with the permission of the Court
(c) cannot be used for any other purpose except the purpose of plea bargaining
(d) can be used for any other purpose
Answers:
| 1 | (c) | 2 | (b) | 3 | (c) | 4 | (c) | 5 | (d) | 6 | (a) |
| 7 | (c) | 8 | (c) | 9 | (d) | 10 | (d) | 11 | (d) | 12 | (a) |
| 13 | (b) | 14 | (a) | 15 | (c) | 16 | (c) | 17 | (d) | 18 | (c) |
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