Plea bargaining Under Criminal Justice Administration System in India A SocioLegal Study

Abstract

newlineThe parliament has introduced a new Chapter to the Code of newlineCriminal Procedure, 1973 by Amending Act of 2 of 2006. By this newlineamendment Chapter XXIA contributing for legal framework and newlineprovisions for plea bargaining, has been reflected in the code. The stated newlineaims and objectives of the legislation are comprising the pendency of cases newlinebetter handle of court s time and thereby tax payers money, and newlinecomprising (if not eliminating) the ordeal of under trial prisoners charged newlinewith small offences, coupled with agreed compensation to the victims. newlineThis concept of plea bargaining as legal provisions under the newlinecriminal justice delivery system is new to India. Therefore, the bar and the newlinecourts at the relevant stages are presently, not expected to be fully equipped newlineso as to put the provision in practice and achieve optimum results. newlineThe Plea Bargaining has to be trained at the pre-trail stage. The Bar newlineand the Judiciary at that stage, therefore, required to be made well versed newlinewith the provisions of Plea Bargaining .Not only this, it is also necessary newlineand important to recapitulate the underlying philosophy .Unless the newlineprovisions are correctly understood with its aims, objects and philosophy, newlinethe stated aims of legislation may not be achieved. newlineThe present research work consists of 7 chapters. The 1st first chapter newlineis dedicated for outlining the present study. It also explains why the scholar newlinewas interested to conduct the present study and the very basis of the study newlinein the contemporary time. newlineThe 2nd chapter deals with the meaning and conceptual analysis of plea bargaining. Here it is discussed about plea bargaining on legislative newlinevii provision, its benefits, origin and its non implementation in India. The newlineposition under US and Indian law and in the Present context whether plea bargaining is in criminal justice is justified or not. newlineThe 3rd chapter is highlighted on Law and Legislative Measures on plea bargaining. It is imperative to understand the legislative framework on plea bargaining applicable in India.