A PLEA FOR A BETTER BARGAIN: AN ANALYSIS OF PLEA BARGAINING IN INDIA
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Plea Bargaining, CRPCAbstract
The debate surrounding the introduction of plea bargaining in India1may only remain a moot point after 2006, but the implementation of the much-debated concept introduced as chapter XXI A2 , in the Code of Criminal Procedure, 1973 (hereinafter the ‘Code’) suggests that the legislature perhaps cannot see the wood for the trees. Historically, the Supreme Court of India has never expressed its support for the concept of plea bargaining3 and perhaps this is justifiable by the fact that introduction of plea bargaining has, unfortunately, not had the desired effect of reducing the number of cases pending before Courts in India. This paper aims to analyze some of the reasons that have hampered the utility of plea bargaining as a concept in India and makes suggestions regarding potential measures to make it more effective.
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The debate surrounding the introduction of plea bargaining in India1may only remain a moot point after 2006, but the implementation of the much-debated concept introduced as chapter XXI A2 , in the Code of Criminal Procedure, 1973 (hereinafter the ‘Code’) suggests that the legislature perhaps cannot see the wood for the trees. Historically, the Supreme Court of India has never expressed its support for the concept of plea bargaining3 and perhaps this is justifiable by the fact that introduction of plea bargaining has, unfortunately, not had the desired effect of reducing the number of cases pending before Courts in India. This paper aims to analyze some of the reasons that have hampered the utility of plea bargaining as a concept in India and makes suggestions regarding potential measures to make it more effective. The Law Commission of India in its 142nd report4 had pointed out the need for the implementation of a system of plea bargaining. Some of the principal points for the incorporation of plea bargaining in the Code include (i) Data revealed that in several cases, the time spent by the accused in jail before the commencement of the trial exceeds the maximum punishment which can be awarded to them if found guilty (ii) Plea bargaining would serve as a means for the disposal of accumulated cases and expedite the delivery of justice.
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