Plea Bargaining In The Indian Legal System

Sumit Panchal, LL.M (Cyber Law), National Forensic Sciences University, Gandhinagar

ABSTRACT

The concept of plea bargaining was unknown throughout most of the history of the common law, although it is now the primary process for the disposition of many serious crimes. It was not until the 19th century that America began to practice this practice in a significant way. In most criminal cases, negotiations can lead to a prompt and largely final resolution when conducted properly, which is one of the most important aspects of the administration of criminal justice. It remains a relatively unknown practice in India, even though a clause in the criminal procedure legislation was added in 2005 that enabled plea bargaining. There are several reasons why plea- bargaining in India has failed. Here, we examine whether criminal justice delivery in India can be upheld by plea bargaining. Plea bargaining will also be examined to find out whether it serves the party involved with justice or if it is used to pressure them into accepting the accusations. In this article, plea bargaining is discussed concerning the Indian legal system. Furthermore, it outlines possible solutions that may be considered by the legislative body. The researcher has employed the doctrinal method to conduct research for this study.

Keywords: plea bargaining, U.S.A, India, criminal justice, criminal procedure, etc.