The Evolution Of Plea Bargaining In The Indian Criminal Justice System With Judicial Interpretation
- IJLLR Journal
- Jul 31
- 1 min read
Aalan Joe Edwin J J
ABSTRACT:
The concept of plea bargaining is one of the quickest mechanisms for the disposal of cases, and many countries around the world have recognized it. Plea Bargaining means negotiation between the prosecutor and the accused person before the commencement of the trial process. In other words, the accused voluntarily pleaded guilty to the offence committed by him. Plea bargaining is a new concept in India, and it was introduced only in the year 2005 Criminal Amendment. The Indian model of Plea Bargaining is borrowed from the US. Before 2005, the Supreme Court of India also never accepted the Plea-Bargaining concept. But year by year, the pendency of cases increases and time demands, then the Supreme Court also finally accepted it. In this article, I am going to discuss what plea bargaining is and its types, how it evolved, and its applicability and the advantages and disadvantages through the Indian case law precedents. This article mainly focuses on the need for plea bargaining in the criminal justice system and further explores the relationship between the prosecutor and the accused.
Keywords: Plea Bargaining, Negotiation, Criminal Law, Pre-Trial, Guilty, Accused, and Prosecutor
