CONCEPT OF PLEA BARGAINING UNDER INDIAN LEGAL SYSTEM: STUDYING ITS EFFECTIVENESS

AUTHOR – VAIBHAV THAPLIYAL, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), DELHI-NCR CAMPUS

BEST CITATION – VAIBHAV THAPLIYAL, CONCEPT OF PLEA BARGAINING UNDER INDIAN LEGAL SYSTEM: STUDYING ITS EFFECTIVENESS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 257-268, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In exchange for a guilty plea, defendants can barter with prosecutors to have their charges or sentences lowered. This procedure is known as plea bargaining. This study examines the idea of plea bargaining within the context of the Indian judicial system and seeks to determine whether it is effective in reaching the desired outcome. Plea bargaining was made permissible in India in 2005 thanks to the Criminal Law (Amendment) Act, whose main goals were to lighten the load on the courts, speed up the legal system, and provide people a chance to receive quick justice. This paper evaluates the efficacy of plea bargaining in the Indian context using a thorough evaluation of the legal literature, case law analysis, and empirical data. The paper explores the advantages and difficulties of plea bargaining. The load on crowded courts is reduced, cases are resolved more quickly, and a cost-effective approach to criminal proceedings is encouraged. On the other hand, difficulties include worries about openness, the possibility of abuse, the defense of the accused’s rights, and the possibility of pressure. This research evaluates whether the plea bargaining procedure actually promotes justice by striking a balance between speedy settlement and protecting the rights of the accused by looking at the outcomes of cases where plea bargaining has been used. For a complete knowledge of the criminal justice system’s operation, the study also considers the viewpoints of scholars, practitioners, and other interested parties. It is predicted that this research would lead to a detailed assessment of the efficiency of plea bargaining in the Indian legal system.

Keywords: Plea bargaining, Cost-effective approach, Criminal Law (Amendment) Act