CONCEPT OF PLEA BARGAINING: OVERVIEW PLEA BARGAINING UNDER THE INDIAN LEGAL SYSTEM
AUTHOR – HERANG KRISHANA, STUDENT AT G.L.A. UNIVERSITY, MATHURA
BEST CITATION – HERANG KRISHANA, CONCEPT OF PLEA BARGAINING: OVERVIEW PLEA BARGAINING UNDER THE INDIAN LEGAL SYSTEM, ILE WEEKLY REVIEW (ILE WR), 1 (10) OF 2023, PG. 16-27, APIS – 3920 – 0037 | ISBN – 978-81-964391-3-2.
Abstract
Plea bargaining has emerged as a crucial aspect of criminal justice systems worldwide, including in the Indian legal framework. This research paper provides a comprehensive overview of the concept of plea bargaining and its application under the Indian legal system. The study explores the historical development, legal framework, procedural aspects, and challenges associated with plea bargaining in India.
The paper begins by tracing the historical origins of plea bargaining and its evolution as a mechanism for expediting the criminal justice process. It highlights the shift from traditional adversarial systems to alternative dispute resolution methods, such as plea bargaining, which aim to enhance efficiency, reduce backlog, and promote access to justice. By examining various international and domestic legal frameworks, the paper establishes the significance and acceptance of plea bargaining as an essential tool in criminal justice administration.
Next, the research paper delves into the Indian legal system’s approach to plea bargaining. It elucidates the provisions of the Criminal Procedure Code, 1973, and the introduction of plea bargaining through the Code of Criminal Procedure (Amendment) Act, 2005. The study examines the statutory framework, procedural guidelines, and the roles of different stakeholders, such as the accused, the prosecution, and the judiciary, in plea bargaining proceedings. Moreover, it analyzes the types of offenses eligible for plea bargaining and the conditions and limitations imposed on the process. Furthermore, the research paper investigates the advantages and challenges associated with plea bargaining in India. It highlights the potential benefits of plea bargaining, including speedy resolution of cases, reduction in trial-related expenses, and the preservation of judicial resources. Additionally, it addresses concerns related to coercion, inequality of bargaining power, and the impact on the rights of victims and witnesses. The study emphasizes the importance of maintaining a delicate balance between the interests of justice and the protection of individual rights during plea bargaining negotiations. The paper also examines the practical implementation of plea bargaining in India. It analyzes the empirical data on the prevalence and success rates of plea bargaining in different jurisdictions across the country. Moreover, it explores the role of plea bargaining in addressing specific categories of offenses, such as economic offenses, drug-related offenses, and crimes against women. The research paper identifies the factors influencing the effectiveness of plea bargaining, including the attitude of judicial officers, public perception, and cultural factors.
Keywords: plea bargaining, India, criminal law, justice system, backlog of cases, innocent people, prosecution, power