The Haryana Home Secretary Vijai Vardhan today directed the police and prosecutors not to adopt a laxity in enforcing plea bargaining under Bharatiya Nagarik Suraksha Sanhita (BNSS)—an act for speedy trial of criminal cases, reduction in the number of pending cases, and providing for a reformed system.
Introduction
The Haryana Home Secretary has ordered police functionaries and all public prosecutors to take redeemable actions under BNSS (Bharatiya Nagarik Suraksha Sanhita). This will help reduce the long pendency of criminal cases, facilitate speedy disposal thereof, and also streamline coordination between various investigating and law enforcement agencies.
The move is in line with the overall objective of India’s new criminal law architecture, which replaced colonial-era procedural laws to bring in an efficient and citizen-friendly justice delivery system.
What Is Plea Bargaining?
Plea bargaining is a process in which an accused agrees to plead guilty to a lesser charge or accepts a lighter sentence in return for a quicker trial.
Key Characteristics:
- It is voluntary, not forced
- Requires judicial approval
- Primarily applies to minor offenses
- Facilitates speedy justice for both victims and accused
Under the BNSS, plea bargaining aims to expedite the process while maintaining fairness.
Legal Foundations: Plea Bargaining Under the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced the CrPC, continues and strengthens plea bargaining provisions.
Applicable Cases:
Plea agreements can be used when:
- The offense is punishable by imprisonment of up to seven years
- The offense does not harm the socio-economic condition of the country
- The offense is not against women or children
The court must ensure that the plea is voluntary and made with full understanding of its consequences.
Haryana Government’s Directive: What Was Ordered
The Haryana Home Secretary has directed:
- Police officers are to identify eligible cases during the investigation
- Public prosecutors assess suitability for plea bargaining at an early stage
- Timely communication between police, prosecution, and courts
- Training sessions to educate officers on proper implementation
The directive stresses systematic and structured use—not random or coerced settlements.
Why Haryana Took This Step
Like many other states, Haryana faces
- Heavy backlog of criminal cases
- Overburdened courts
- Delayed justice for victims
- Prolonged detention of undertrial prisoners
By promoting plea bargaining:
- Minor cases can be resolved faster
- Courts can focus on serious crimes
- Investigative resources can be better utilized
Role of Police and Prosecutors
Police Responsibilities:
- Identify eligible cases during investigation
- Inform accused persons of their legal options
- Coordinate with prosecutors for early resolution
Prosecutor Responsibilities:
- Assess the strength of evidence
- Protect victims’ interests
- Help courts recommend fair sentences
This coordinated approach ensures legal and ethical implementation.
Safeguards Against Misuse
The Haryana government emphasized that:
- No accused person should be coerced or pressured
- Victims must be consulted where necessary
- Courts will maintain strict oversight
- All plea bargains must be properly documented
Judicial supervision remains the strongest safeguard.
Expected Impact on the Criminal Justice System
Positive Outcomes:
- Faster disposal of thousands of minor cases
- Reduction in the number of undertrial prisoners
- Lower litigation costs
- Greater public trust in justice delivery
Long-Term Benefits:
- Shift toward negotiated justice
- Reduced burden on courts and police
- Better adherence to the constitutional right to a speedy trial
Challenges in Implementation
Despite its benefits, implementation challenges remain:
- Lack of awareness among accused persons
- Resistance from the traditional policing culture
- Inconsistent application across districts
The Haryana government plans to address these issues through training and monitoring.
Conclusion
Haryana’s directive to promote plea bargaining under the Bharatiya Nagarik Suraksha Sanhita marks a progressive step toward reforming India’s criminal justice system. With transparency, judicial oversight, and protection of rights, this move can make justice faster, fairer, and more accessible to all.
Frequently Asked Questions (FAQs) on Plea Bargaining Under BNSS
What is plea bargaining under BNSS?
It allows an accused to plead guilty voluntarily in eligible cases in exchange for a reduced punishment or quicker disposal, subject to court approval.
Is plea bargaining mandatory in Haryana?
No, it’s voluntary. However, police and prosecutors have been directed to promote it actively wherever legally applicable.
Which cases are not eligible?
Serious crimes, offenses against women or children, and cases affecting the country’s socio-economic condition are excluded.
How does it help reduce case backlog?
Minor cases are settled faster, allowing courts to focus on complex and serious trials.
