All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

Practice Mode:
34.

The Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is up to a period of

A: 7 years
B: 2 years
C: 10 years
D: 5 years

The answer is: A

Explanation

The correct option is A: 7 years. 

This is because Section 265A of the Code of Criminal Procedure, 1973, which introduces the concept of plea bargaining, states that it is applicable only in respect of those offences for which the punishment of imprisonment is up to a period of seven years. Plea bargaining is a process whereby the accused and the prosecution work out a mutually satisfactory disposition of the case, which may include giving compensation to the victim and other legal expenses. Plea bargaining does not apply to cases where the offence affects the socio-economic condition of the country or where the offence is committed against a woman or a child below the age of 14 years. The application for plea bargaining should be filed by the accused voluntarily and the court should dispose of the case by sentencing the accused to one-fourth of the punishment provided or extendable for such offence. Plea bargaining is intended to reduce the burden on the courts and expedite the disposal of criminal cases.