Plea Bargaining In The Indian Criminal Justice System: An Analysis

Plea Bargaining In The Indian Criminal Justice System: An Analysis

Rajat Bawaniwal
Faculty of Law, Jamia Millia Islamia, New Delhi

The Indian judiciary is regarded as one of the most powerful judiciaries across the globe, but this powerful judiciary is being crippled by the weight of pending cases. In order to solve this problem, the legislature introduced the concept of plea bargaining in the Indian Criminal Justice System. This paper makes an effort to analyse the thought process of the legislature in incorporating the concept of plea bargaining in India by going into the recommendations of the Law Commission and the Committee on Reforms of the Criminal Justice System. Author tries to trace the origin of the concept of Plea bargaining. Further effort has been made to survey the present legal position regarding plea bargaining in India by going into the provisions of law and judicial decisions. Pitfalls under the legislation are discussed along with suggestions for better implementations of the provisions. The paper concludes by calling for a comprehensive study to review the functioning of plea bargaining in order to bring it in conformity with its desired objective of bringing down the pendency and ensuring speedier disposal of cases.

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