A COMPARATIVE ANALYSIS OF PLEA-BARGAINING PRACTICES IN INDIA AND THE UNITED STATES, AND OTHER WESTERN DEMOCRACIES

Author – Aadithya R Chandran, Student at INDIAN INSTITUTE OF MANAGEMENT ROHTAK

Best Citation – Aadithya R Chandran, A COMPARATIVE ANALYSIS OF PLEA-BARGAINING PRACTICES IN INDIA AND THE UNITED STATES, AND OTHER WESTERN DEMOCRACIES, Law and Social Policy Review, 1 (1) of 2023, Pg. 93-99, ISBN – 978-81-960677-7-9

ABSTRACT

Plea bargaining, a legal negotiation process between the prosecution and the accused, has gained significance in criminal justice systems around the world as a means of reducing trial time and expenses and ensuring speedy justice. In India, where the criminal justice system is known for its inefficiency and long-drawn-out trials, the concept of plea bargaining was introduced in 2005 through the Criminal Law (Amendment) Act. Since its introduction, plea bargaining has been the subject of much debate and scrutiny in India, with many experts questioning its effectiveness and compatibility with the Indian legal system. This research paper aims to explore the practice of plea bargaining in India, analyzing its various aspects, including its history, legal framework, implementation, and effectiveness. The paper also seeks to evaluate the impact of plea bargaining on the Indian criminal justice system, examining the advantages and disadvantages of this controversial legal practice.

KEYWORDS: Charges, Trial, Accused, the Criminal Justice System, Punishment