Misue of Right to Plea-Bargaining leading to Exonerations from Heinous Crimes in India

This article critically analyzes the concept of plea bargaining in India from a legal perspective, with a particular focus on its impact on the exonerations from heinous crimes. The article begins by discussing the history and evolution of plea bargaining in India, followed by an analysis of its legal framework and its practical implementation. The article examines the various criticisms leveled against plea bargaining in India, including its potential impact on the exonerations from heinous crimes, and recommends improvements to the process. The objective of plea bargaining is to “promote speedy disposal of cases and reduce the burden on the courts.” However, the implementation of plea bargaining has faced criticism on various grounds, such as the risk of false confessions, coercion of defendants, and inadequate representation, particularly in cases where the accused is poor and cannot afford proper legal representation. The article concludes that the implementation of plea bargaining in India should be done with caution, keeping in mind the rights of the accused and the impact on the exonerations from heinous crimes. Legal aid should be provided to the accused to ensure that they receive proper representation, and the prosecutor should ensure that the evidence against the accused is strong and sufficient before offering a plea bargain.