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Plea Bargaining: A Comparative Analysis Between USA And India




Baivab Chakraborty, LLM (CCL), Christ University, Bangalore, Karnataka

ABSTRACT

The pendency of cases, which accounts for approximately three crore cases, is one of the most heinous problems confronting the Indian judiciary. To address the backlog of cases, the legislature devised a revolutionary tool called plea bargaining. Plea bargaining has been a recent addition to criminal law, having been enacted as recently as 2006 by the Criminal Law (Amendment) Act of 2005. Around ten years have passed since the idea was first incorporated into Indian criminal law. By considering the relevant laws and court rulings, the paper will attempt to evaluate the concept's viability in India. The article will also look at the American model of plea bargaining, as it was the pioneer in bringing this concept in the first place. The paper will also compare the Indian and the American concepts of plea bargaining trying to get anidea of each of them. The paper will discuss briefly the procedure followed in the American model of plea bargaining, which has contributed to it being an exceptional and successful tool.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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