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Indian Journal of Law and Human Behavior

Volume  5, Issue 2(Special Issue), May - August 2019, Pages 245-248
 

Original Article

Plea Bargaining: A Silver Lining in the Indian Legal System

Vijay Laxmi1, Shipra Gupta2

1Assistant Professor 2Associate Professor, Department of Law, Maharishi Markandeshwar (Deemed to be University), Mullana, Ambala, Haryana Haryana 13

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DOI: 10.21088/ijlhb.2454.7107.5219.21

Abstract

The process of plea bargain is a method of mutually satisfactory disposition of a criminal case by the approval of the court. It results in a plea agreement between the prosecutor and accused whereby the accused agrees to plead guilty without a trial, and in return, the prosecutor agrees to make favourable sentence recommendations to the court. Plea bargaining in this context is considered the accused's reward for confessing. It can be advantageous for both prosecutors and accused persons. A plea bargain saves valuable court time for high-priority cases. The present paper is an attempt to discuss the emergence of plea bargaining in Indian criminal justice system, its background, types, objectives and justifications for its introduction in India. This paper also throws light on the approach taken by Indian judiciary in this regard.

Keywords: Plea bargain; Criminal Justice; Mutually Satisfactory Disposition; Trial; Guilty.


Corresponding Author : Shipra Gupta