PLEA BARGAINING: A MISFORTUNE OR A PRIVILEGE TO THE INDIAN LEGAL FRAMEWORK
AUTHOR – DEEWANSHI AGRAWAL, STUDENT AT UNIVERSITY OF PETROLEUM AND ENERGY STUDIES, DEHRADUN
BEST CITATION – DEEWANSHI AGRAWAL, PLEA BARGAINING: A MISFORTUNE OR A PRIVILEGE TO THE INDIAN LEGAL FRAMEWORK, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 268-275, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2
ABSTRACT
Many nations have acknowledged the notion of plea bargaining and have included it in their criminal procedural laws. The phrase “plea bargaining” refers to a pre-trial agreement between the prosecutor and the accused in which the accused agrees to plead guilty and the prosecution promises to make some concession or lighter sentence in exchange for the accused’s guilty plea.[1] “Justice is delayed, justice is denied,” by Sh. V.S. Sarwate declared during constituent assembly deliberations.[2]. Plea bargaining is an American notion of a speedy trial in which the defendant pleads guilty in exchange for a lesser sentence. This procedure appears to be beneficial in speeding up the trial process, but it is not without criticism. This paper aims to discuss the origin, birth, whether it is a compromised mockery or silvery lining in the Indian legal framework along with the pro and cons of the concept of Plea Bargaining. The paper aims to provide an in-depth study of the concept of plea bargaining along with research on its limitation and benefits.
KEYWORDS – PLEA BARGAINING, LIMITATIONS, SILVER LINING, COMPROMISED MOCKERY, PRE-TRIAL AGREEMENT.
[1] Jeevalaya V., A COMPARATIVE STUDY ON PLEA BARGAINING IN INDIA AND OTHER COUNTRIES, V7,India Journal of Research, 2018
[2] Constituent Assembly Debates on 6 June, 1949 Part I.