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Right to Plead Guilty
« »08-May-2024
Source: Kerala High Court
Why in News?
Recently, the Kerala High Court in the matter of Chekkutty v. State of Kerala has held that the right to plead guilty shall not be used as a device to get a lesser sentence.
What was the Background of Chekkutty v. State of Kerala Case?
- In the instant case, the accused remained absconded for a long time and did not appear before the trial court, though the offence alleged are very serious offences which would come under the purview of the provisions of the Indian Penal Code, 1860 (IPC).
- The injury alleged to have been inflicted on the victim as evident from the wound certificate shows the manner in which the injuries were inflicted which are on the vital part, the head of the victim.
- The Magistrate awarded a lesser sentence of fine only because the accused pleaded guilty before the Trial Court.
- Thereafter, the complainant filed a criminal revision petition before the Kerala High Court.
- Allowing the petition, the High Court set aside the impugned order of sentence and the matter is remanded back to the Trial Court for fresh consideration and to order a proper sentence.
What were the Court’s Observations?
- Justice P Somarajan observed that the right to plead guilty shall not be used as a device to get a lesser sentence. In the case of pleading guilty by the accused, the court should not adopt a liberal approach and no concession can be given simply on the reason that the accused pleaded guilty in the matter of awarding sentence. On the other hand, the sentence should reflect a proper balance.
What is the Right to Plead Guilty?
About:
- The right to plead guilty is a right that has been provided under the Criminal Procedure Code, 1973 (CrPC) wherein the accused has been given a chance, after framing of chance either to plead guilty or not guilty.
- Once the accused pleads not guilty, the Judge proceeds with the trial of the case.
- If the accused pleads guilty, then the Judge shall record the plea and may, in his discretion, convict him.
Relevant Legal Provisions:
| Trial | Section | Purpose |
| Trial Before a Court of Session | Section 229 of CrPC | If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon |
| Section 241 of CrPC | If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon, | |
| Trial of Warrant Cases | Section 242 of CrPC | If the accused refuses to plead or does not plead or claims to be tried or the Magistrate does not convict the accused under section 241, the Magistrate shall opt the evidence for prosecution. |
| Trial of Summon Cases | Section 252 of CrPC | If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon. |
| Section 254 of CrPC | It deals with procedure when the accused does not plead guilty. |