Criminal Procedure – plea of guilt and plea bargaining

Code of Criminal Procedure Act, Sec.183 – Criminal trial – plea of guilt and plea bargaining – sentence – duty of the Judge – facts to be considered –

Whether a “plea of guilty” amounts to”plea bargaining” is a matter of proof. Every “plea of guilty” which is a part of the statutory process in a criminal trial, cannot be said to be a “plea bargaining” ipso facto.It is a matter requiring evaluation of the factual profile of each accused in criminal trial before reaching a specific conclusion of it being only a “plea bargaining” and not a plea of guilty simpliciter. It must be based upon facts and proof, not on fanciful surmises without the necessary factual supporting profile for that.

Mohamed Irupan Impar

v.

Officer-in Charge, Police Station, Sewanagala

SC APPEAL NO.204/2015

Leave a Reply

Your email address will not be published. Required fields are marked *