Plea Bargaining: A Comparative Analysis In India And USA
- IJLLR Journal
- 13 minutes ago
- 1 min read
Naveen N, Amity Law School, Noida
ABSTRACT
The work aims to compare the practice of plea bargaining in India with that in the United States, focusing on the procedural structures, jurisprudential underpinnings and functional ramifications of this practice in both jurisdictions. Plea bargaining, where defendants negotiate with prosecutors to reduce penalties or charges, has been a part of the U.S. criminal justice system for decades due to a high volume of cases and increasing efficiency in the courts. In India, on the other hand, plea bargaining is a relatively new concept which was introduced by the Criminal Law (Amendment) Act in 2005 and his only available in case of certain specified non-serious offences. This study addressed the historical evolution, mechanics, and ethics of plea bargaining in two nations. The piece dives into the drawbacks of each system, including coercion in Norway, procedural information blindness in the Netherlands and extensive damage to justice. Using a comparative framework, this study seeks to highlight lessons each system may learn from one another with particular emphasis on guiding reforms towards increasing both systems' fairness and efficiency. On the other hand, the study reveals potential adaptability to an Indian legal context of specific U.S. courtroom practices based on the ideal balance between due process and efficient use of judicial resources in enhancing effectiveness, highlighting that they reflect a role for habituation associated with repetitive practice without losing sight of net benefits such as gainful convergence and expeditious management demonstrating that animating resolve must coexist with affording room for exploration.
