Plea Bargaining in India: Need for Relook
Till the midst of 20th Century, the community world over was not very positive about the plea bargaining as an effective tool in adjudication processes, and when discussions of the practice occurred, it usually was critical. It was purported to be heavily loaded in favour of the offenders and was taken as undermining the sufferings of the victim. However with restorative justice gaining wider acknowledgement and acceptance over the retributive justice in major part of the world, the concept of plea bargaining was gradually accepted and it became integral part of the criminal justice system in large number of countries, with USA as a classic example where almost 90% to 95% of the matters are settled through Plea bargaining In India, even after 12 years of implementation, the system of plea bargaining is, it seems and is, still in its experiment and developmental stage. The concept was introduced as part of reforms in existing Criminal Laws as Criminal Law (Amendment) Act, 2005 ...