Plea Bargaining in India – An Appraisal

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Akshat Sati, Dr. Vivek Shukla, Atharava Kukreti, Mansi Sharma

Abstract

The burden of pending cases is one of the biggest challenge that the  judicial institutions in India is facing, the heavy pendency of around 44 million or 4.4 crores cases have completely paralysed the justice delivery system of India.


The institution of a concept of plea bargaining in India by the latest addition to Cr.P.C, 1973, which became operative in 2006, by the amendment in Criminal Law by the Amendment Act of 2005, was one of the revolutionary steps taken by the Parliament of India to resolve the appalling issue of burden of unresolved cases.


Since this concept is now nearly a one and a half decade old in India, we shall aim to analyse its status, purpose and achievement by the help of this article. We will also take account of various provisions and judicial decisions relating to it and will also compare this model with as of American model.


The main objective behind writing this paper is to examine the structure of our model and to do a comparative research study with successful US model of plea bargaining so as to analyse weakness in our model so that it can become more adaptive, successful and accurate in legal and social perspective.

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