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Plea Bargaining: A Silver Lining or a Compromised Mockery

Kiran Chauhan , Shubham Gupta1 , Kiran Chauhan2

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Indian Journal of Law and Human Behavior 5(2(Special Issue)):p 141-146, May - August 2019. | DOI: 10.21088/ijlhb.2454.7107.5219.6

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Shubham Gupta, Kiran Chauhan. Plea Bargaining: A Silver Lining or a Compromised Mockery. Indian J Law Hum Behav.
2019;5(2):141–146.
 

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Received : N/A         Accepted : N/A          Published : N/A

Abstract

India is a country of population more than 1.25 billion with the pity burden of 31122421 pending cases, out of which 22306834 are criminal cases1. People are habitual of delay in judicial system which diminishes faith of people in getting justice from this holy institution. During debates of constituent assembly, Sh. V.S. Sarwate said that “Justice is delayed, Justice is denied”2. Plea bargaining is American concept of expeditious trial in which defendant pleads guilty for the condition on less punishment. This process seems to be helpful in expeditious trial but it is not alienated from criticism. Indian Judicial system reluctantly introduced plea bargaining from section 265A to Section 265L in new chapter XXI A of CrPC through criminal law amendment act, 2005. The Hon’ble Supreme court of India in 2004 held that, “It is settled law that on the basis of plea bargaining court cannot dispose of the criminal cases. The court has to decide it on merits”3. In this research paper we discuss origin, benefits and criticism of plea bargaining in Indian context and conclude that whether it is a silver lining or compromised mockery.

Keyword: Compromised mockery; Justice; Assembly; Sh. V.S. Sarwate; Plea Bargaining; Silver lining.

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Cite this article

Shubham Gupta, Kiran Chauhan. Plea Bargaining: A Silver Lining or a Compromised Mockery. Indian J Law Hum Behav.
2019;5(2):141–146.
 

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DOI: 10.21088/ijlhb.2454.7107.5219.6

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