PLEA BARGAINING IN INDIA: WHY IT HAS NOT BEEN EFFECTIVE?
By Vanshika Jhakhnadia & Shubham Shakti
Sh. V.S. Sarwate, during the debates of Constituent Assembly, said that “Justice is delayed, Justice is denied” . Criminal Justice System tries to safeguard the accused’s interest. People are more habituated with the delay in judicial system which decreases confidence of individuals in getting justice from this sacred organization. India is a country of population more than 1.25 billion with the burden of 40073954 total cases out of which 29400289 are pending. With speedy justice being the most talked after term in the Indian judicial system, attention is brought towards the concept of plea bargaining. On the recommendation of Malimath Committee, “Plea Bargaining” was introduced in the “Indian Criminal Justice System” by the Criminal Laws (Amendment) Act, 2005 to reduce the burden of the courts i.e., to clear the backlog of the cases. In this research paper we discuss the origin, advantages and criticism of plea bargaining in Indian context and conclude its roadmap ahead with the research suggestions.
Keywords: Plea Bargaining, Speedy Trail, Criminal Justice System, Speedy trial.
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