Law & Life

PLEA BARGAINING UNDER BNSS, 2023 1. Introduction Plea Bargaining is a pre-trial judicial mechanism through which an accused and the prosecution or complainant may negotiate a mutually satisfactory settlement of a criminal case, subject to the supervision of the Court. It was introduced to reduce the burden of pending criminal cases, avoid unnecessary pre-trial detention, ensure speedy disposal of cases and provide compensation to victims. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , plea bargaining is governed by Chapter XXIII, Sections 289 to 300 . The BNSS provides a structured and time-bound procedure for filing the application, examining the voluntariness of the accused, negotiating a mutually satisfactory disposition, awarding compensation and determining the sentence. 2. Scope and Applicability Under Section 289(1) , plea bargaining applies where: A police report has been forwarded under Section 193 , alleging an offence punishable with imprisonment for a term up ...

The history of land reforms in India in the pre-independence period is a history of colonial exploitation, agrarian distress, and the gradual awakening of the Indian peasantry to demand justice and security. The land tenure systems introduced and perpetuated by the British colonial administration created a class of absentee landlords who exploited millions of cultivators, while the colonial government extracted maximum revenue from the countryside without investing in agricultural development or the welfare of farmers. An understanding of the land tenure systems of the pre-independence period is essential for appreciating the significance of the land reform programme carried out by independent India and the constitutional provisions that were enacted to support it. Land Tenure Systems in Pre-Independence India The British colonial administration established three major systems of land tenure in different parts of India: 1. Zamindari System (Permanent Settlement) The Zamindari Sy...

The Urban Land (Ceiling and Regulation) Act, 1976 (ULCA) was a landmark piece of social legislation enacted by the Indian Parliament to deal with the problem of concentration of urban land in the hands of a few persons and to make land available for housing for the urban poor. The Act imposed a ceiling (upper limit) on the amount of vacant urban land that any person could hold and provided for the acquisition of land held in excess of the ceiling limit for distribution to the landless and the poor. The ULCA was enacted during the period of the Emergency (1975-1977) as part of the 20-point programme of the then Prime Minister Indira Gandhi. The Act was enacted under Entry 18 of the Concurrent List (land, land tenures, rights in or over land) of the Seventh Schedule of the Constitution. It is important to note that the Urban Land (Ceiling and Regulation) Repeal Act, 1999 repealed the ULCA in most states, and only a few states (like Maharashtra and some northeastern states) contin...