31/10/2022
Supreme Court Frames Guidelines for Deciding Criminal Cases by Plea Bargaining, Compounding and Probation of Offenders Act
https://main.sci.gov.in/supremecourt/2021/26546/26546_2021_3_21_38184_Order_14-Sep-2022.pdf
S U P R E M E C O U R T O F I N D I A
SUO MOTO WRIT PETITION (CRL) No.4/2021
IN RE: POLICY STRATEGY FOR GRANT OF BAIL
MA 764/2022 in Crl.A. No. 491/2022 (II)
W.P.(Crl.) No. 170/2022 (X)
Date of Orders:- 14.09.2022
CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE ABHAY S. OKA
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SUGGESTIONS FOR EFFECTUATING THE PROVISIONS RELATING TO
PLEA BARGAINING/ COMPOUNDING/PROBATION OF OFFENDERS ACT
On perusing the detailed and comprehensive suggestions
submitted to us by the three Amici Curiae viz. Gaurav Agrawal, Liz
Mathew and Mr. Devansh A. Mohta, Advocate, after discussion with
Mr. K. M. Nataraj, ASG in respect of the aspect of disposal of
criminal cases by resorting to the triple method of plea
bargaining, compounding of offences and under the Probation of
Offenders Act, 1958, we would like to make a beginning in terms of
the suggestions made which are as under: -
“3.1 As a pilot case, one Count each of Ld. Judicial
Magistrate 1st Class, Ld. ACJM or CJM, and Court of
Sessions in each district may be selected.
3.2 The said courts may identify cases pending at
pre-trial stage, or evidence stage and where the
accused is charge sheeted / charged with offence(s)
with a maximum sentence of 7 years' imprisonment. The
Ld. Court would exclude cases mentioned in Section 265A
Cr.P.C., namely offences notified by the Central
Government vide notification dated 11.07.2006 or
offences committed against women or child/ children
less than 14 years.'
3.3 The identified cases can thereafter be posted on
a working Saturday or any other day which is suitable
to the court with notice to the Public Prosecutor,
complainant and the accused. The said notice would
indicate that the court proposes to consider disposing
of those cases under Chapter XXIA of Cr.P.C. plea
bargaining, Probation of Offenders Act, 1958 or
compounding i.e. Section 320 Cr.P.C. The notice will
also indicate that the accused/complainant would be
entitled to avail legal aid and details of the District
Legal Services Authority would be made available in
the said notice. It would also be made clear that the
accused has to remain present with his/ her advocate
and the complainant may also remain present with
his/her advocate.
3.4 The Public Prosecutor would be required to
ascertain the criminal antecedents of the accused.
Only cases of first time offenders would be taken up.
3.5 On the date fixed, the court can inform the
accused of the provisions of plea bargaining. The
Court can also persuade the parties to compound the
offence (if the offences are compoundable). The Court
can also inform the accused of the benefits of
Probation of Offenders Act, 1958. The services of panel
lawyers from District Legal Services Authority would
also be made available to the accused/ Complainant.
3.6 The Court may give time to the accused/complainant
to think over the matter and give another date.
3.7 In cases where the under trial is in judicial
custody, the trial court may explain to the accused and
the learned counsel appearing for the accused to
explore the possibility of plea bargaining or
compounding or benefit of Probation of Offenders Act.
The accused can be given time to consider the
matter. The services of panel lawyers of District Legal
Services Authority can also be made available. For
this purpose, a list of such accused can be furnished
to the Secretary, DLSA to depute the panel lawyers of
sufficient seniority to explain the provisions to the
accused, who are in custody.
3.8 It is suggested that a brief training session may
also be organised for the Ld. Judicial Officers in the
Judicial Academies.
3.9 A timeline of 4 months may be fixed to carry out
this exercise namely:-
i) Training of Judicial Officers &
Identification of cases - 1 month
ii) Notice to the parties - 1 month
iii) Consideration of the matter - 2 months”
We accordingly issue directions in the aforesaid terms to
the Registrars of each High Court who may depute a Nodal
Officer of the rank of the Registrar in each of the Courts to
carry out the monitoring of the same.
We, however, consider it appropriate at this stage to put
two caveats:-
(a) Instead of prescribing only one Court in each
District, as specified in clause 3.1 above, we leave
it to the administrative side of the High Court to
prescribe such number of Courts as may be considered
practical by each of the High Court.
(b) In matters where time bound schedule has been laid
down by the High Courts or Supreme Court of India,
that schedule should not be disturbed so as to avoid
delay in those cases.
We may also add that Directors of the different Judicial
Academies to carry out training to effectuate the aforesaid
either through virtual mode or physical as may be feasible.
