The Concept of Plea Bargaining under the Indian Legal System
This article tries to explore the genesis and notion of plea bargaining and present state of remedy in India post the Criminal Law Amendment Act, 2005. This has certainly changed the look of the Indian Criminal Justice System. This article critically analyzes Chapter XXIA of the Code by raising certain issues of concern with respect to the applicability and scope of certain incorporated provisions and its consequences on concerned parties. Further it brings in suggestions for a better implementation of the Amendment. The article also throws light on how the Indian Judiciary has implemented the concept of plea bargaining. This article also stresses on the advantages and shortcomings of ‘Plea Bargaining’. The article concludes that the amendment has been implemented in an extremely conscious manner and it is time to explore the wide impossibilities that plea bargaining has to offer.
This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.