From Case Backlog To Repeat Offence: Plea Bargaining In India Between Docket Management And Recidivism Control
- IJLLR Journal
- 12 hours ago
- 1 min read
Astha Singh, B.A. LL.B. (Hons.), Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India.
Dr. Aishwarya Singh, Assistant Professor, Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India.
ABSTRACT
Plea bargaining was introduced with some scepticism in India. It was hoped to offer faster resolutions while also overcoming negotiations that are incongruous and legitimizing unearned guilt. This Article attempts to answer the question: does the practice of plea bargaining in India minimize recidivism, or does it predominantly lead to faster resolutions and that, in fact, the system is compelled to offer structural delay? Doctrinal legal research oriented this Article while utilize some available official data that National Court Infrastructure Upland's Commitments. It is the imprisonment of undertrials, the tracking of leading INFIT, and the 2023 Bharatiya National Security Law. The research analyzes all plea bargaining in India. Law claims to find it, coupled in some sense with victim participation, related to compensation, and sentence discounts. India's data do not track recidivism. The leading recidivism data corroborates the conclusion that plea bargaining is recidivism, whereas other data are reported. Stronger claims of plea bargaining are to recidivism, and to plea integration to other data.
Keywords: Plea bargaining; Bharatiya Nagarik Suraksha Sanhita, 2023; case backlog; undertrial detention; recidivism.
