Plea Bargaining MCQ Quiz - Objective Question with Answer for Plea Bargaining - Download Free PDF

The correct answer is Criminal Law (Amendment) Act, 2005

Key Points 

• Plea Bargaining: It allows the accused to negotiate with the prosecution for a lesser punishment by pleading guilty voluntarily.
• Introduction in India: The concept was introduced in the Criminal Procedure Code (CrPC) through the Criminal Law (Amendment) Act, 2005.
• New Chapter Added: Chapter XXIA (Sections 265A to 265L) was inserted into the CrPC.
• Applicable Cases:
  • Offences not punishable with death, life imprisonment, or imprisonment exceeding 7 years.
  • Typically applicable in less serious offences and cases pending trial.

Additional Information

• Criminal Procedure Code (Amendment) Act, 2005: Incorrect title; the relevant act is the Criminal Law (Amendment) Act.
• Indian Evidence (Amendment) Act, 2005: Deals with rules of evidence, not plea bargaining.
• Indian Penal Code (Amendment) Act, 2005: Related to substantive criminal law, not procedural law like plea bargaining.

The correct answer is Option 3.Key Points

• Chapter 21A of criminal Procedure Code 1973 deals with Plea Bargaining.
• It was inserted  by Act 2 of 2006, s. 4 (w.e.f. 5-7-2006)
• Section 265C of Criminal Procedure Code 1973 deals with guidelines for mutually satisfactory disposition.
• It says in working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 265B, the Court shall follow the following procedure, namely:
  • In a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case:
  • Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting:
  • Provided further that the accused, if he so desires, participate in such meeting with his pleader, if any, engaged in the case;
  • In a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case:
• Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting:
• Provided further that if the victim of the case or the accused, as the case may be, so desires, he may participate in such meeting with his pleader engaged in the case.

The correct answer is Option 1.

Key Points

•  Chapter XXIA of Crpc is dedicated to plea bargaining. 
• Section 265 A states that it does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of 14 years.

The correct answer is Imprisonment upto 7 Years 

Key PointsPlea Bargaining means a process under which a person who is charged with a criminal offence negotiates with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence. It is based on the principle of ‘Nolo Contendere’, literally meaning ‘I do not wish to contend’.

Exceptions to plea bargaining : 

• Offences that are punishable with death, imprisonment of life, a term exceeding 7 years of imprisonment,
• Offences against women (like stalking or rape),
• Offences against children under the age of 14.
• Offences that affect the socio-economic condition of a country (like food adulteration or money laundering).
• Apart from this, where the court finds that a person has been convicted under the same offence previously or that he (accused) has involuntarily filed the application under this concept, the court can proceed further in accordance with the law from the stage where such an application has been filed.

The correct answer is Section 265B

Key PointsSection 265B of Code of Criminal Procedure Code 1973 relates to Application for Plea Bargaining.

It states that :

1. A person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial.

The correct answer is Option 4.

Key Points

• The Central Government notifies offenses that affect the socio-economic condition of the country for the purposes of plea bargaining under Section 265 A (2) of the Code of Criminal Procedure (CrPC).

Additional Information

• Plea bargaining is a criminal law agreement where the defendant pleads guilty or nolo contendere in exchange for concessions from the prosecutor. For example, the defendant may plead guilty to a less serious charge or to one of several charges in exchange for other charges being dismissed. The defendant may also plead guilty to the original charge in exchange for a more lenient sentence. 

Plea bargaining is not applicable in the following cases:

• The offense affects the socio-economic condition of the country
• The offense has been committed against a woman or a child below 14 years of age
• The maximum sentence for the offense is above 7 years
• The accused has been previously convicted for the same offense.  

The correct answer is option 3.Key Points

• Plea bargaining is a process in criminal law where the accused and the prosecution negotiate and agree on a mutually acceptable disposition of the case.
• Section 265F of Criminal Procedure Code 1973 deals with judgment of the Court.
• It states the Court shall deliver its judgment in terms of section 265E in the open Court and the same shall be signed by the presiding officer of the Court.

Additional Information

• Section 265A says it shall apply in respect of an accused against whom:
  • The report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or
  • A Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 200, issued the process under section 204,
• But does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.
• This process is intended to expedite the resolution of criminal cases and reduce the burden on the judicial system.
• Plea bargaining is recognized under Chapter 21A of Cr.P.C. 1973 from section 265-A to Section 265-L of the Code of Criminal Procedure (CrPC) in India.

The correct answer is option 2.Key Points

• Plea bargaining is a process in criminal law where the accused and the prosecution negotiate and agree on a mutually acceptable disposition of the case.
• This process is intended to expedite the resolution of criminal cases and reduce the burden on the judicial system.
• Plea bargaining was inserted by Act 2 of 2006, s. 4 (w.e.f. 5-7-2006) under Chapter 21A of Cr.P.C. 1973 from section 265-A to Section 265-L of the Code of Criminal Procedure (CrPC) in India.
• Section 265A says it shall apply in respect of an accused against whom:
  • The report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or
  • A Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 200, issued the process under section 204,
• But does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.

The correct answer is option 4.

Key Points Section 265B of crpc says Application for plea bargaining.-
(1) A person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial.
(2) The application under sub- section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in a case in which he had been charged with the same offence.
(3) After receiving the application under sub- section (1), the Court shall issue notice to the Public Prosecutor or the complainant of the case, as the case may be, and to the accused to appear on the date fixed for the case.
(4) When the Public Prosecutor or the complainant of the case, as the case may be, and the accused appear on the date fixed under sub- section (3), the Court shall examine the accused in camera, where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where-
(a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time to the Public Prosecutor or the complainant of the case, as the case may be, and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case;
(b) the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Code from the stage such application has been filed under sub- section (1).

The correct answer is option 2) 14 years

Key Points

•  Chapter XXIA of Crpc is dedicated to plea bargaining. 
• Section 265 A states that it does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of 14 years.

The correct answer is Option 1.

Key Points

•  Chapter XXIA of Crpc is dedicated to plea bargaining. 
• Section 265 A states that it does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of 14 years.

The correct answer is Option 3.Key Points

• Chapter 21A of criminal Procedure Code 1973 deals with Plea Bargaining.
• It was inserted  by Act 2 of 2006, s. 4 (w.e.f. 5-7-2006)
• Section 265C of Criminal Procedure Code 1973 deals with guidelines for mutually satisfactory disposition.
• It says in working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 265B, the Court shall follow the following procedure, namely:
  • In a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case:
  • Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting:
  • Provided further that the accused, if he so desires, participate in such meeting with his pleader, if any, engaged in the case;
  • In a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case:
• Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting:
• Provided further that if the victim of the case or the accused, as the case may be, so desires, he may participate in such meeting with his pleader engaged in the case.

The correct answer is Imprisonment upto 7 Years 

Key PointsPlea Bargaining means a process under which a person who is charged with a criminal offence negotiates with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence. It is based on the principle of ‘Nolo Contendere’, literally meaning ‘I do not wish to contend’.

Exceptions to plea bargaining : 

• Offences that are punishable with death, imprisonment of life, a term exceeding 7 years of imprisonment,
• Offences against women (like stalking or rape),
• Offences against children under the age of 14.
• Offences that affect the socio-economic condition of a country (like food adulteration or money laundering).
• Apart from this, where the court finds that a person has been convicted under the same offence previously or that he (accused) has involuntarily filed the application under this concept, the court can proceed further in accordance with the law from the stage where such an application has been filed.

The correct answer is option 3.Key Points

• Chapter 21 of Cr.P.C. 1973 deals with Summary Trials.
• Section 260 deals power to try summarily.
• Following magistrate have power to try the suit summarily:
  • Any Chief Judicial Magistrate;
  • Any Metropolitan Magistrate;
  • Any Magistrate of the first class specially empowered in this behalf by the High Court.
• ​Section 262 of Cr.P.C. 1973 deals with procedure for summary trials.
• In trials under Chapter 21, the procedure specified in Cr.P.c. 1973 for the trial of summons-case shall be followed except as hereinafter mentioned.
• No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter.

Additional Information

• Section 261 of Cr.P.C. 1973 says the High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.

Explanation- Section 265A of the Criminal Procedure code tells us about the applicability of the chapter XXIA and it covers all the instances mentioned in I, II, III giving exception to the offences related to child below the age of 14 years or affecting the socio economic condition of the country