PLEA BARGAINING UNDER CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION
AUTHOR – ATHUL S, LLM STUDENT AT CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW – CHENNAI
BEST CITATION – ATHUL S, PLEA BARGAINING UNDER CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 459-472, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The concept of plea bargaining represents one of the most transformative and controversial developments within the modern criminal justice system. Originating in the United States and rooted in principles of negotiated justice, plea bargaining has evolved into a globally recognized mechanism for resolving criminal disputes efficiently. Its introduction in India through the Criminal Law (Amendment) Act, 2005 marked a significant departure from the rigid adversarial system historically practiced in the country. This research paper examines the conceptual foundations, statutory framework, and judicial interpretation of plea bargaining in India, along with its practical implications on the criminal justice administration. The paper also studies the evolution of plea bargaining, its applicability, advantages, challenges, and comparative perspectives from other jurisdictions. Through an extensive doctrinal methodology, it critically assesses whether plea bargaining has achieved its intended objectives of decongesting courts, ensuring speedy trials, and promoting restorative justice. The paper concludes with recommendations for strengthening the system and ensuring that plea bargaining operates fairly while balancing the interests of victims, society, and the accused.
Keywords – Plea bargaining, criminal justice, negotiated justice, restorative justice, guilty plea, speedy trial, CrPC, judicial administration.