Research Article | Open Access
Plea Bargaining and Criminal Justice System in India
Anirudh Semwal Aniket Ms. Mansi Sharma Mr. Sachin Bhardwaj Dr. Vibha
Pages: 1211-1216
Abstract
The article here gives light to the conceptualization of “Plea Bargaining” which isn’t yet common in India.
It became a part of the law in India, in the year 2006. People often get confused about a similar concept
given in the Criminal Procedure Code which is “Plead Guilty”. But it is entirely different from plea
bargaining. Plea bargaining was introduced as a set of amendments in CrPC. It was instituted in Chapter
XXI-A in accommodation to Sections 265A to 265L of CrPC. The Indian Judiciary is powerful. But
sometimes it gets burdened by a lot of cases. The idea of plea bargaining is currently being used as a
revolutionary tool to dispose of a vast number of pending cases. Plea Bargaining is also considered a
potent Alternative Dispute Resolution in India. This concept is an American concept whose traces are
found back in the 19th century in America. However, our Hon’ble Supreme Court found it illegal and
unconstitutional. But, the Law Commission of India recommended it. This article line-up the essentials and
drawbacks the concept has faced. Here, we will analyse the process recommended by the Law Commission
of India. Also, the current state as well as the future prospect of Plea Bargaining.
Keywords
The Criminal Procedural Code, Supreme Court, accused, judge, plea bargaining.