Examining the Critical Perspective on the Role of Plea Bargaining in the Indian Criminal Justice System

Plea bargaining or plea bargaining agreement, which occurs extensively in several countries in the world including India, is one of them. In this paper we look at plea bargaining in India including its history, legal basis, process, advantages and drawbacks. The analysis uses primary and secondary sources. Despite all this, only few of the Indian states have passed laws for its implementation. Although it gives the option for offenders to miss out on a long trial which may take up most of their lives, save on taxes and reduce the burden placed upon the criminal justice system, it is equally applicable elsewhere. Besides, the possibility of being coerced into pleading guilty and the need In essence, this paper states that despite being a relevant instrument in the justice system, plea bargaining should be introduced cautiously into Indian legal processes, with necessary limitations put in place to protect an accused’s rights.