A Consecration in CrPC: Plea Bargaining

  • Shubham Kumar Thakuriya and Deeba Faryal
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  • Shubham Kumar Thakuriya

    Advocate in India

  • Deeba Faryal

    Advocate in India

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Abstract

In demand to avoid the condemnation, there has been an interchange to use relatively more impartial expressions such as ‘plea discussions’, ‘plea negotiation’, ‘plea agreements’ and ‘mutually satisfactory disposition’, a term used in Chapter XXI-A of the Code. To call it by whatsoever name, it cannot be deprived of that the scheme encompasses a process whereby prosecution, victim and an informed accused amenably deliberate a criminal case of its mutually agreeable disposition, which may result in reasonable advancement of the administration of justice. There is a need for encouragement in the concept of plea bargaining that the accused should be aware of the remedy of plea bargaining for settlement of plea bargaining. The contribution of the judiciary and the bar is very important to achieve the goal of plea bargaining. The member of the bar should encourage the accused in a positive manner that they can use this concept in the right way. Day by day, all the countries find some alternative dispute resolution that results in a complex and lengthy process, but plea bargaining is the best alternative for the speedy trial and speedy disposal of cases. This concept gives the accused to plead guilty, and the guilty plea of the accused represent that the state will not go against him that will destroy his many constitutional rights. Before a long time ago, the idea of plea bargaining was introduced in India, but people were not so aware of this after the settlement of system awareness came into existence. The Indian criminal justice aims to provide security to the citizen on a large scale. And carry out with crime and criminals in a very less time because civilised society expects speedy trial Indian judiciary is failed to give speedy justice as day by day there in incensement in-laws and the court was full of the burden from different corner hence it resulted in delayed justice so much period taken by the trial court to provide justice. The fact was cases is getting disoriented due to delayed justice. In so many cases accused spend so many periods in jail before the announcement of trial even they are not found guilty of any offences.

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Research Paper

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International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 2408 - 2416

DOI: https://doij.org/10.10000/IJLMH.112797

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