Question

Chapter dealing with Plea Bargaining has been inserted by

• A. The Criminal Law (Amendment) Act, 1993
• B. The Criminal Law (Amendment) Act, 2005
• C. The Code of Criminal Procedure (Amendment) Act, 2001
• D. The Code of Criminal (Amendment) Act, 1993

Hint:

Remember the key recent amendments to major procedural codes. The introduction of Plea Bargaining (Chapter XXI-A) into the CrPC by the 2005 Amendment Act is a significant development frequently asked in exams.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks to identify the specific amendment act that introduced the concept of Plea Bargaining into the Indian criminal justice system.
Step 2: Detailed Explanation:
Based on the recommendations of the Malimath Committee on Reforms of the Criminal Justice System, the concept of Plea Bargaining was introduced in India to reduce the pendency of cases and provide a quicker resolution for certain offences.
A new chapter, Chapter XXI-A, titled "Plea Bargaining," was inserted into the Code of Criminal Procedure, 1973. This was done by The Criminal Law (Amendment) Act, 2005. The provisions came into force on 5th July 2006. This chapter (Sections 265-A to 265-L) lays down the detailed procedure for an accused to apply for plea bargaining in cases involving certain specified offences.
Step 3: Final Answer:
The Chapter on Plea Bargaining was inserted by The Criminal Law (Amendment) Act, 2005.

Answer 2

The question asks which amending Act inserted the chapter on Plea Bargaining into the Code of Criminal Procedure, so each option should be checked against the actual legislative history of that reform.

1. The Criminal Law (Amendment) Act, 1993: This year predates the plea bargaining reform by more than a decade; no chapter on plea bargaining existed in the CrPC at this point, and this amendment addressed different subject matter altogether.
2. The Criminal Law (Amendment) Act, 2005: Acting on the recommendations of the Malimath Committee on Reforms of the Criminal Justice System, this Act inserted a new Chapter XXI-A, titled "Plea Bargaining," into the Code of Criminal Procedure, covering Sections 265-A to 265-L, with the provisions coming into force in 2006. This matches both the subject and the correct year.
3. The Code of Criminal Procedure (Amendment) Act, 2001: While the CrPC has seen various amendments, the specific chapter on plea bargaining was not introduced through a 2001 amendment; this option misstates the year the reform actually took effect.
4. The Code of Criminal (Amendment) Act, 1993: Besides referring to an incomplete and non-standard title, no such 1993 enactment introduced the plea bargaining chapter; like the first option, this predates the actual reform by over a decade.

Since the plea bargaining chapter is specifically traced to the Malimath Committee-driven reform enacted in 2005, only that option matches the historical record.

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