An Analysis and Evolution of Plea Bargaining in the Indian Context

  • Anushka Singh
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  • Anushka Singh

    Student at School of Law, Sharda University, India

Abstract

The Criminal Procedure Code, 1973 gives the administrative structure to regulating Plea dealing in India. The Indian Criminal Justice framework has been troubled by tremendous pendency of criminal cases and the rising populace of under preliminaries in Indian prisons. The lethargic, awkward and costly preliminary method normally prompts an over the top deferral in discarding the criminal cases. To confront the previously mentioned difficulties the criminal system code was changed in 2005 to inculcate Plea-Bargaining as an effective Alternative Dispute Resolution methods in India. This research paper will aim to explain the evolution and legislative framework of Plea Bargaining in India and the way it is being administered in the criminal courts. The paper will also discuss the merits and drawbacks of this mechanism meant to dispose of a criminal case without a trial. This paper will also aim to analyze the current status and future of plea bargaining with some recommendations.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 3125 - 3150

DOI: https://doij.org/10.10000/IJLMH.11792

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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