CRIMINAL JUSTICE SYSTEM VIS-A-VIS PLEA BARGAINING IN INDIA: TEN YEARS AND BEYOND
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Abstract
The concept of plea bargaining ultimately finds its way into the Criminal Justice System of our country, though after considerable debate and discussions. By way of Criminal Law (Amendment)
Act, 2005, Chapter 21-A (Sections 265-A to 265-L) entitled ‘Plea Bargaining ‘has been inserted in the Code of Criminal Procedure , 1973. The amendment has come into force w.e.f. 5th July, 2006. The tool of Plea Bargaining had been successfully used in U.S.A for past more than a Century and has proved quite effective in expeditious resolution of criminal cases. So far this concept is concerned, it is necessary to examine its various facets so that it can be applied in an effective and intelligent manner to resolve cases and to reduce the burden on criminal justice system which is extremely over-burdened with around twenty five million cases pending before the Courts. It requires understanding the concept, definition, methodology and utility of this latest tool of dispute resolution. At the same time, it is necessary that those who have a role in the application of Plea Bargaining mechanism should have an open approach and adequate sensitization about its utility in the contemporary set-up.
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