The Paradox of Plea Bargaining in India: Why a Potential Solution Remains Under-Utilized?

The Indian judiciary is currently struggling with a huge number of pending litigations at all levels of the courts. Despite reforms like Lok Adalats and the digitization of the courts being introduced by the legislature, these reforms have failed to address the issue of why it takes 3 to 10 years to complete a single trial by the judicial system in India. The research paper aims to explore the mystery behind a mechanism that came into force in 2006; however, it was not significantly utilized by the courts for the disposal of cases. This study poses the transformative potential in the judiciary with the advent of Bhartiya Nagarik Suraksha Sanhita (BNSS) that seeks to shift the concept of plea bargaining from neglect idea in the Criminal Procedure Code, 1973, to an affirmative action in the BNSS of 2023. The BNSS 2023 reforms legitimate certainty in the criminal procedure, motivation for first-time offenders to opt for plea-bargaining, speedy justice, quick restoration and reintegration of the accused in society, thereby reducing the burden of courts and jail authorities. The study aims to study the process of Mutual Settlement Agreements (MSD) that is beyond just a proceeding towards monetary settlement and aims to achieve restorative justice by involving the victim, the accused, the investigating officer of the police and the court aiding the process of negotiated settlement. The paper aims to study the conflict between private settlements and the ambiguity of Compoundable offences on one hand and the plea-bargaining process on the other hand. The study proposes the Sahmati Samadhan Nyaya Mission as a dedicated legal mission to ensure that the plea bargaining becomes a basis of a sustainable, efficient, and equitable criminal justice system.