Bargaining Justice: The Evolution Of Plea Bargaining In The Indian Criminal Justice System
- IJLLR Journal
- Jul 7
- 1 min read
Swayam Pandya, BBA LLB, Anand Law College
Justice delayed is justice denied - William E. Gladstone, Former Prime Minister of the United Kingdom
ABSTRACT
This paper traces the evolution of plea bargaining in the Indian criminal justice system, focusing on the post-independence development and codification of the concept of plea bargaining. While plea bargaining provides a simple, fast and inexpensive solution to dispose of cases quickly in a country like India, its utilization is negligible in contemporary times. Employing a doctrinal research method, this study examines reports of the law commission, report of the Justice Malimath committee, landmark decisions of the Hon’ble Supreme court as well as High Court and the provisions of the Code of Criminal Procedure, 1973 as well as the Bhartiya Nagarik Suraksha Sanhita, 2023 to map the trajectory of plea bargaining in the Indian criminal justice system. The paper reveals a shift from a narrow- minded approach towards plea bargaining to it legitimate codification. This paper concludes that, though plea bargaining has worked exceptionally in the west, the Indian diaspora is not yet ready to accept and utilize it.
Keywords: Plea Bargaining, Negotiation, Criminal, Justice, Criminal justice system, India, American, United States, Criminal Procedure Code, Bhartiya Nagarik Suraksha Sanhita
