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Plea Bargaining: Negotiating About Charges And Pleas - A Comparative Study Of India And The US




Shweta Chaturvedi

ABSTRACT

One of the most terrible problems of Indian judiciary is the pendency of cases which account for around three crores. The Indian Legisature found a solution in the way of Plea Bargaing. The plea bargaining has been one of the latest additions to the criminal law which came into force only in 2006 by the criminal law amendment act, 2005. It has been around ten years since the very incorporation of the concept in the criminal law of India. The researcher aims to assess the success of the concept in India by taking into account the provisions and the judicial pronouncements regarding it. The researcher shall also look into the American model of plea bargaining as it has been inventor of this concept in it and shall also compare both the Indian as well as American models of plea bargain so as to reveal the flaws and assets of either model. The research work briefly take into account the procedures involved in the American model of plea bargaining which has made it an extraordinary and successful tool. As mentioned above the sole aim of this research work is to analyse the Indian model of plea bargaining keeping in mind the successful American model. The research can be used for making the Indian model of plea bargaining much more successful and effective in the legal arena.

Keywords: Indian model of plea bargaining, American model of plea bargaining, pendency of cases.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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