CrPC Section 265H: Court Power in Plea Bargaining – Code of Criminal Procedure

1. State the code:

Section 265H of the Code of Criminal Procedure, 1973 deals with the power of the court in plea bargaining.

2. Explain it:

This section outlines the powers and responsibilities of the court during the plea bargaining process. It establishes that the court shall have the power to:

• Approve or reject a plea bargaining agreement based on the factors mentioned in Section 265B (Factors for consideration in plea bargaining).
• Ensure that the plea bargaining process is conducted fairly and transparently. This includes ensuring that the accused understands their rights and the implications of entering into a plea bargain.
• Record the plea bargain agreement and ensure that it is signed by both the accused and the prosecutor.
• Pass an order based on the agreement, which may include imposing a sentence or other conditions as agreed upon.

3. Illustrate it:

Imagine a case where an accused is charged with theft. The accused and the prosecutor agree to a plea bargain where the accused pleads guilty to a lesser charge of criminal trespass in exchange for a reduced sentence. The court will review this agreement, ensure that the accused understands the consequences, and then pass an order based on the agreed terms. The court may impose a fine or a shorter prison term than what would have been possible if the accused had been found guilty of theft.

4. Common Questions and Answers:

• Q: Can the court reject a plea bargain agreement?

  A: Yes, the court can reject the agreement if it finds that it is not in the interest of justice or if the factors mentioned in Section 265B are not satisfied.

• Q: What happens if the accused refuses to sign the plea bargain agreement?

  A: If the accused refuses to sign the agreement, the plea bargaining process will be terminated. The case will then proceed to trial as per normal legal procedures.

• Q: Does the court have to accept the sentence agreed upon in the plea bargain?

  A: No, the court has the discretion to impose a sentence that is within the legal limits for the offence, even if it differs from the sentence agreed upon in the plea bargain.