Restorative Justice Under The Criminal Justice System With Special Reference To Plea Bargaining
School of Law, SRM University, Delhi- NCR
Dissatisfaction with the traditional justice practices resulting in pendency of cases have led to calls for alternatives which provide the parties involved to resolve it and mitigate the negative consequences. Sec 320 of Code of Criminal Procedure provides for compounding of offences and its Chapter XXI A allows plea bargaining in criminal cases. While some criticize it on the ground that it violates fundamental rights of the accused, others hail it as instrumental in ensuring speedy disposal of cases. The paper throws light on the relevant provisions relating to Plea Bargaining in Indian criminal law exploring the position of law in other countries and several recommendations are made for incorporation in our criminal procedure.