Please note that the maximum punishment for an offence under Section 420 IPC is 7 years. On the other hand, the maximum punishment for an offence under Section 409 IPC is life imprisonment.
Therefore, you have to be cautious while pleading guilty for such crime. Awarding sentence is a highly discretionary issue and it differs from judge to judge. India does not have a sentencing policy yet, in view of which there are no fixed yardsticks about the sentence that may be awarded. There have been wide variations in the sentences granted by various judges for the same type of offence and for similar facts. It also depends on the gravity of the offence, i.e., the seriousness of the offence, as also various mitigating circumstances that may exist in favour of the accused. Therefore, there is no guarantee.
If you go through the Cr.P.C. provisions (Chapter 21-A) relating to plea bargaining, you may notice that generally one-fourth of the maximum punishment may be awarded, and if a minimum punishment is prescribed then the punishment awarded may be half of the minimum punishment prescribed. However, please note that the provisions relating to plea bargaining would not be applicable in a case under Section 409 IPC.
As a very rough estimate, you can expect anywhere between one year to five years imprisonment on pleading guilty in a case under Sections 420, 409 IPC. But, as I mentioned above, this is only guess work. Ultimately, it is the discretion of the judge and you should try to show the mitigating circumstances in your favour so that minimum possible punishment is awarded.
As there is no provision for a minimum punishment for these two offences, if you are lucky and if the case is not a very serious one, then you may be let off with a nominal punishment also.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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