Plea Bargaining a Medicine in Indian Criminal Jurisprudence to Reduce a Backlog of The Indian Courts: An Overview

Abstract

A fresh chapter, that is chapter XXIA on ‘Plea Bargaining’, has been introduced in the Criminal Procedure Code. It was introduced through the Criminal Law (Amendment) Act, 2005, which was passed by the parliament. This has certainly changed the look of the Indian Criminal Justice System. Some of the skin texture of ‘Plea Bargaining’ is that it is applicable in respect of those offenses for which punishment is up to a period of 7 years. Moreover it does not apply to cases where the offence committed is a socio-economic offense or where the offense is committed is committed against a woman or a child below the age of 14 years. Also once the court passes an order in the case of ‘Plea Bargaining’ no appeal shall lie to any court against that order. This paper makes an endeavor to scrutinize the notion of ‘Plea Bargaining’, its deal with chronological evolution of the perception, position in Indian criminal jurisprudence, diverse facet of the concept, features, statically analysis as a outcome of the concept with special reference to the Tihar jail condition, requirement, advantages to common man, its drawbacks and tries to find out the feasibility of this new proposal. In the end the authors views on the slogan of the topic as a critic and suggestion to make this concept moreapplicable in Indian social context.