Plea Bargaining: A Boon or Bane

  • Anushree Tiwari
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  • Anushree Tiwari

    Advocate at District Court, Narmadapuram, India

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Plea Bargaining is one such debatable topic in India which is very new and faces a lot challenges. The process of plea bargaining has many advantages as well as the disadvantages. This concept is one of those important topics of criminal justice system in India which requires a lot of awareness. Plea Bargaining is important because it saves time of the court, it is beneficial to accused as well as the victim most importantly it is beneficial for lowering the burden of the courts. As Indian courts are flourishing with more cases and some are crimes of the nature in which the plea bargaining is applicable so they can be settled promptly. Due to these cases the court faces challenges in the quick disposal of the more serious and grave offences. Plea bargaining is a very new concept and has been introduced in India in 2005 in the criminal procedure code. The Criminal Law Amendment Act, 2005 included plea bargaining into the code under chapter XXIA, which comprises twelve sections, from section 265A to section 265 L. However, the legislation does not define plea bargaining. This research paper will discuss the notion related to plea bargaining in detail. Through this paper every aspect of the plea bargaining is highlighted. It also discusses the historical aspect of plea bargaining in detail and its advantages and disadvantage. It also discusses the role of Indian Judiciary in framing the laws related to plea bargaining. Further it provides some of the suggestions and recommendation for effective implementation of the plea bargaining.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 2996 - 3004


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