Plea Bargaining: Violation Of Fundamental Rights

Pooja Phulari, LL.M, DES’s Navalmal Firodia Law College, Pune

ABSTRACT

Self-incrimination and plea bargaining are contradictory principles are co-exist. The concept of plea bargaining has its roots in the Latin term 'nolo contendere', which means 'I do not wish to contend.' The principle was evolved to reduce the burden upon the judiciary and to reduce the number of under-trial inmates in prisons. This principle has been followed by the United States, England, Australia, Pakistan, and other countries. The accused is given a chance to accept the crime committed by him before the court of law, which in turn would favor him, by reducing some quantum of his punishment. Plea bargaining is a well- established principle of the 20th Century. The accused has a right to put forth a plea to bargain either for sentence or charge Upon recommendation put forth by the Malimath Committee in its report, this principle was enforced in the Indian laws through the Criminal Law (Amendment) Act, 2005. Under Indian laws, sentence bargain and charge bargain are valid. The principle was practiced by many countries mainly to reduce the burden on the judiciary and for speedy disposal of cases. But in the 21st century, many negative aspects have surfaced. An ambiguous situation has arisen regarding the absolute constitutionality of plea bargaining, as self- incrimination is a fundamental right under the Constitution of India. Protection against self-incrimination abrogates the legality of plea bargaining. The researcher opines that the Indian judiciary has an enormous backlog, which has led to an increase in the number of under-trial inmates. Along with, Speedy trial and lok adalat, Plea bargaining is also one for means for speedy disposal, but it is caught in controversy with the fundamental right of self-incrimination. Based on preliminary research, the researcher would like to suggest that the victim should also be given a right to ascertain the plea of bargaining by the accused, as the victim is the one who has suffered. The main purpose of this research is study to understand the conflict between fundamental rights and plea bargaining. The further aim of this research is to study and analyze the concept of plea bargaining, to find out the advantages and disadvantages of the said concept.

Keywords: Criminal law, Fundamental rights, Plea Bargaining, Self- incrimination, Speedy trial.