Mangalore, August 13, 2014: Mr Ganesh B, senior civil court judge, Dakshina Kannada; inaugurated a legal awareness programme for prisoners regarding plea bargaining and rights of prisoners at the district jail Mangalore on Wednesday August 13th.
He said “To be aware of the law is the responsibility of every citizen. Crimes are committed under stress in most cases. In law, there is provision that if the accused who commits a minor offence appears before the judge and admits his guilt in return for concession in the punishment, in such cases prosecuted under provision of CRPC 265, the judge can dismiss the charges or may punish the accused with one-fourth of the prescribed imprisonment or one-fourth of the fine, or may release on probation for good conduct”.
He also said that staff for the recently opened legal clinic aid will start performing within three days and lawyers will be appointed for the same. “This will help jail inmates who cannot afford lawyers due to their financial conditions or to get information about law-related problems. Here the court will try to settle cases through plea bargaining”, he added.
Undi Manjula Shivappa, judge of judicial magistrate first class (III court) said, “Poverty and circumstances are the main reasons for most of the crimes. When an individual commits a minor offence, police arrest the accused under IPC 379 or under Karnataka Police Act. After producing in court, the accused is sent to judicial custody. The accused may have committed the offence because of poverty or circumstances. But due to financial constraints, he cannot afford a lawyer. In this situation legal aid clinic will help them.
“If an individual commits a minor offence and pleads guilty, then the prosecutor can dismiss the case with lesser punishment. If the police file case after case on the individual, he will come in contact with criminals and become an anti-social element. The accused would have spent more years in judicial custody than if he had been convicted. This comes to our notice only after evidence is produced. In this situation if the accused pleads guilty on minor charges, in return the prosecutor can dismiss the charges under purview of law or reduce the quantum of punishment on humanitarian grounds. This will be applicable only for minor offences, and not for serious crimes where punishments may be seven or more years in jail, death sentence or life imprisonment.
Advocate and member of Mangalore Bar Association Mohanraj, said that jail inmates should get basic facilities. “Inmates cannot be deprived of basic facilities which are provided to a common man. If any individual cannot afford lawyer due to financial problems, there is provision in law to get one. Legal clinic will help jail inmates in obtaining the necessary information”, he added.
President of Mangalore Bar Association P Ashok Ariga said that because of three reasons most crimes are committed – poverty, sudden provocation and for luxury.
M Friends WhatsApp group donated books collected by Ahamed Anwar from the past 20 years to jail inmates in this program.
