Plea Bargaining and Criminal Justice System in India

被引:0
|
作者
Semwal, Anirudh [1 ]
Aniket [1 ]
Sharma, Mansi [1 ]
Bhardwaj, Sachin [1 ]
Vibha [1 ]
机构
[1] Uttaranchal Univ, Law Coll Dehradun, Dehra Dun 248007, Uttarakhand, India
关键词
The Criminal Procedural Code; Supreme Court; accused; judge; plea bargaining;
D O I
10.9756/INT-JECSE/V14I4.161
中图分类号
G76 [特殊教育];
学科分类号
040109 ;
摘要
The article here gives light to the conceptualization of "Plea Bargaining" which isn't yet common in India. It became a part of the law in India, in the year 2006. People often get confused about a similar concept given in the Criminal Procedure Code which is "Plead Guilty". But it is entirely different from plea bargaining. Plea bargaining was introduced as a set of amendments in CrPC. It was instituted in Chapter XXI-A in accommodation to Sections 265A to 265L of CrPC. The Indian Judiciary is powerful. But sometimes it gets burdened by a lot of cases. The idea of plea bargaining is currently being used as a revolutionary tool to dispose of a vast number of pending cases. Plea Bargaining is also considered a potent Alternative Dispute Resolution in India. This concept is an American concept whose traces are found back in the 19th century in America. However, our Hon'ble Supreme Court found it illegal and unconstitutional. But, the Law Commission of India recommended it. This article line-up the essentials and drawbacks the concept has faced. Here, we will analyse the process recommended by the Law Commission of India. Also, the current state as well as the future prospect of Plea Bargaining.
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页码:1211 / 1216
页数:6
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