PLEA BARGAINING IN INDIA: WHY IT HAS FAILED
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Abstract
The year 2023 has been milestone for India for many a reasons, few of the reasons not worthy to be proud of though. It crossed the 3 trillion dollar mark four years ago in 2019, being the fastest growing major economies. In 2023, it pipped the UK economy to become the fifth largest economy in the world. But there is another milestone that puts our head in shame is that India has now more than 5 crore pending cases across the courts all over the country and giving credit to the digitalization, the case load is multiplying at a whopping 18 percent. Adding to the ignonimity, there are people who have been in prison for a duration which exceeds the sentence for the crime committed had they pleaded guilty to the same. These are extreme examples and a glaring blot on our democracy. One of the steps taken for tackling the huge menace of pendency of cases and plug the loopholes of criminal cases in courts was introduction of Plea bargaining, by way of the Criminal Law (Amendment) Act, 2005 wherein it was introduced in Chapter XXI A of Code of Criminal Procedure, 1973. The Act came into force on 5th July, 2006. The concept was borrowed from Constitution of United States of America.
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