Plea Bargaining And Similar Legal Provisions In Indian Criminal Justice System - A Critical Study
Dr. N. Sudalai Muthu, Vice Principal in GTN Law College, Dindigul
D. M. Salai Siva Keerthana, Assistant Professor in GTN Law College, Dindigul
S. Sindhuja, Assistant Professor in GTN Law College, Dindigul
ABSTRACT
Plea bargaining represents an important procedural mechanism intended to promote the expeditious disposal of criminal cases by permitting an accused person, subject to statutory safeguards, to seek a negotiated resolution. In India, the concept initially received statutory recognition through the insertion of Chapter XXI-A into the Criminal Procedure Code, 1973, by the Criminal Procedure Code (Amendment) Act, 2005. The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 has continued this mechanism under Chapter XXIII, thereby placing plea bargaining within the contemporary framework of the Indian criminal justice system. The process seeks to address persistent concerns relating to judicial delay, case backlog and prolonged criminal trials while simultaneously requiring the protection of the accused against coercion and unfair inducement. However, the practical operation of plea bargaining raises significant legal and constitutional questions concerning voluntariness, informed consent, effective legal representation, victim participation and the possibility of unequal bargaining power. Its application is also subject to statutory limitations, particularly in relation to the nature and seriousness of offences. This study critically examines the evolution and existing legal framework of plea bargaining in India, with particular emphasis on the transition from the CrPC, 1973 to the BNSS, 2023. It analyses the statutory provisions, judicial approach and constitutional dimensions associated with the mechanism and evaluates the challenges affecting its effective implementation. Plea bargaining can contribute to a more efficient criminal justice system only when procedural safeguards, judicial supervision, legal aid and informed participation are adequately strengthened. A balanced approach is therefore necessary to ensure that the objective of speedy disposal does not compromise the principles of fairness, voluntariness and justice.
Keywords: Plea Bargaining; Bharatiya Nagarik Suraksha Sanhita, 2023; Criminal Justice System; Fair Trial; Speedy Justice.
