Plea Bargaining In India: Concept, Scope, Procedure And Contemporary Challenges
- IJLLR Journal
- Aug 2
- 1 min read
Engani Chakradhar Babu, Aurora Higher Education and Research Academy, School of Law, Uppal - Hyderabad
ABSTRACT
Plea bargaining is a statutory mechanism through which an accused in certain criminal cases may seek a negotiated and court-supervised resolution by voluntarily pleading guilty in return for a more predictable and often reduced penal outcome. In India, the mechanism was formally introduced through Chapter XXI-A of the Code of Criminal Procedure, 1973, inserted by the Criminal Law (Amendment) Act, 2005, and brought into force from 2006, covering Sections 265A to 265L. The Indian model is narrower than the American practice because it excludes serious offences, offences against women, offences against children below fourteen years, and offences affecting the socio-economic condition of the country.
The importance of plea bargaining lies in its attempt to balance three competing interests: the accused person’s right to a speedier and less uncertain resolution, the victim’s interest in compensation and finality, and the justice system’s need to reduce delay and case backlog. At the same time, the mechanism raises serious concerns about voluntariness, unequal bargaining power, the possibility of induced guilt, and the danger that efficiency may overshadow substantive justice. This paper examines the meaning, definition, and types of plea bargaining, traces its development in India, explains the statutory procedure under the Code of Criminal Procedure, analyses judicial attitudes, discusses practical advantages and criticisms, and evaluates whether plea bargaining has succeeded as a criminal justice reform. The paper argues that while plea bargaining is a useful procedural innovation for limited categories of cases, its legitimacy depends entirely on informed consent, meaningful judicial supervision, and a victim- sensitive approach consistent with fairness and constitutional values.
