Examining The Facets Of Implementing Plea Bargaining In India
- IJLLR Journal
- Jul 16
- 2 min read
Diya Kotak, Jindal Global Law School
I. Introduction to the Indian Criminal Justice System
The Indian Criminal Justice system (“CJS”) is an institution comprised of multiple law enforcement organs that serve the purpose of regulation of crime, penalization of offenders and providing justice to those who have been wronged. The CJS is primarily based on the ‘adversarial system’ of law, a legacy of the colonial era. Procedurally, the CJS involves a long and complex procedure, beginning from the commission of the offence. Once the act has taken place, the victim or a witness may approach the Police and register a ‘First Information Report’ (“FIR”). Thereafter, the Police, once they are satisfied that the act constitutes a cognizable offence, shall commence investigation. The investigation period ranges from 60 to 90 days for crimes committed under the Bharatiya Nyaya Sanhita, 2023 and formerly the Indian Penal Code, 1860 and for special statutes such as the Unlawful Activities (Prevention) Act, 1967, a longer period is prescribed. On completion of investigation, the Police or Central Bureau of Investigation (“CBI”), whichever authority has been assigned the case, must file a chargesheet, containing all the crimes, that upon investigation and acquisition of requisite proof, the investigating authority believes that the suspect is guilty of. After this process is completed, the court which has jurisdiction takes cognizance and the trial process is commenced. This long and tiresome process has led to an immense number of pending cases and is psychologically taxing on all involved parties. Although the judiciary is the most trusted organ of the State, a new mechanism for speedier delivery of justice is required, to ensure the efficiency of the CJS. Alternative Dispute Resolution (ADR) has been integrated into the CJS of several other systems and has yielded satisfactory results, not only in terms of efficiency but also proving less strenuous on the victims and perpetrators. Through an analysis of the Indian legal framework, this paper seeks to examine whether the introduction of alternate mechanisms of dispute resolution, through plea bargaining, in the criminal justice system would be feasible in the Indian context and whether it will aid the transformation of the criminal justice system from retributive to restorative.
