Plea Bargaining In India And The United States: A Comparative Criminal Justice Study
- IJLLR Journal
- 1 hour ago
- 1 min read
Muskan Sihag, LLM (Constitutional Law) III Semester, Sangam University Bhilwara
ABSTRACT
Plea bargaining has surfaced as a significant mechanism within modern criminal justice systems to address concerns of delay, backlog of cases and resource constraints. While it has long been an integral feature of the United States criminal justice system, its introduction into the Indian legal framework through the Criminal Law (Amendment) Act, 2005 marked a notable shift from the traditional adversarial trial process. This paper undertakes a comparative analysis of plea bargaining in India and the United States, examining its legal foundations, procedural framework, objectives and practical implications within both jurisdictions. In the United States, plea bargaining resolves the majority of criminal cases and is largely driven by prosecutorial discretion, prioritizing efficiency and certainty of outcomes. However, it has drawn criticism for potential coercion, inequality and enfeeblement of the right to a fair trial. In contrast, India’s plea-bargaining mechanism, initially codified under chapter XXI-A of the Code of Criminal procedure, 1973, adopts a more cautious approach by limiting its scope and emphasizing judicial oversight, voluntariness and most importantly victim participation.
This paper critically examines how constitutional values, legal culture, and institutional structures influence the operation of plea bargaining in both jurisdictions. It concludes that while plea bargaining can enhance efficiency, its efficacy in India depends on strong procedural safeguards, transparency and a rights- based approach to criminal justice.
