COMPARATIVE ANALYSIS OF PLEA BARGAINING PROCEDURE IN INDIAN, AMERICAN & ITALIAN JURISDICTIONS
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Abstract
Over the world, plea bargaining mechanism has been rapidly gaining traction in resolution of legal disputes. The applicability, scope, and operation of plea bargaining is manifestly distinct in common law and civil law countries. To critically examine these distinctions in reference to different jurisdictions, a comparative evaluation of India, United States of America, and Italy has been undertaken in this research. The extent to which plea bargaining is more beneficial than disadvantageous is contentious. This is because the practice of plea bargaining is argued to challenge the very premise of a trial; which is to unearth truth and dispense justice. The fact of requirement of an instantaneous justice administration framework in India is beyond contestation. This researcher endeavors to ascertain whether plea bargaining in India in its present form and structure is sufficient to achieve that object, by contrasting its advantages and disadvantages in the context of the Indian judicial system, and later, proposing reforms in the sphere of this modern dispute resolution mechanism.
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