Plea Bargaining in India: An Appraisal

The burden of the cases pending is the utmost problem that the Indian judiciary is facing. Enormous backlog of approximately 44 million or 4.4 crore pending cases has entirely paralysed the judicial system of India. Introducing plea bargaining represents a novel approach in India. In the modern era of criminal justice system in India, plea bargaining can be used as an important alternative tool to significantly reduce the number of criminal cases pending before the courts. Plea bargaining was incorporated into the Criminal Procedure Code of 1973 through the Criminal Law (Amendment) Act of 2005. This provision became effective on July 5, 2006. Chapter XXI-A, comprising of 12 sections, has been added as an amendment. The implementation of plea bargaining in the Indian criminal justice system is primarily a reaction to the unacceptable current situation, characterized by the prolonged processing of criminal cases and appeals, the substantial backlog of cases, and the dire conditions experienced by prisoners awaiting trial in jails. The bill sparked significant debate among the public. The critics of the plea bargaining system contend that it is not effectively implemented and runs contrary to the principles of public policy within our criminal justice system. This paper aims to analyse and comprehend the Indian concept of plea bargaining. Additionally, this model will be compared to the American model.