Plea Bargaining Practices In India And The Usa: A Comparative Study

Softy Tibriwal, Amity University, Rajasthan

ABSTRACT

In the legal systems of India and the United States, plea bargaining has gained massive popularity as a device for resolving criminal cases through negotiation between defense and prosecution. This study, therefore, examines plea bargaining practices in these two jurisdictions with a view to highlighting its similarities, differences, and effects on criminal justice systems; it also looks at relevant legislation, case law and academic literature to understand historical growth, legal framework, procedural aspects, and

socio-legal consequences of plea bargaining in India and USA. In addition, it analyses the plea-bargaining process by examining various stakeholders’ standpoint including prosecutors, defense counsel judges and clients so as to determine how far such practices promote efficiency fairness and access to justice in both contexts. Consequently, this paper critically appraises the strengths and weaknesses associated with the Indian and American practice of plea bargaining with a view to offering some insights for policy makers lawyer’s practitioners who would like to enhance efficacy or equity of their criminal justice systems globally.

Keywords: Plea bargaining, criminal justice system, India, USA, comparative study