Justice in Plea Bargaining in India : a Review of major drawbacks

Authors

  • Dr . Manish Bhardwaj Assistant professor in law Vaish college of Law Rohtak

Keywords:

Bargaining, Charges, Accused

Abstract

A new idea in India, plea bargaining. In today's criminal justice system, most convictions are obtained through plea bargaining. It is the procedure through which the accused and the prosecution in a criminal case work out a mutually acceptable resolution of the case. It generally entails pleading guilty to a lower charge in one or more courts of a multi-count indictment in exchange for a shorter sentence. “As a result, plea-bargaining refers to pre-trial conversations in which the accused agrees to plead guilty in return for a less sentence. India's status is somewhat different. Plea bargaining is a common tactic in the US and Europe to assist speed up the judicial process.

References

http://www.legalservicesindia.com/article/article/plea-bargaining-present-status-in-india-658-1.html accessed on 27th October,2013

George Fisher,Plea Bargaining's Triumph,The Yale Law Journal, 109, (2000)

Ibid

nd and 154th report of Law Commission

SouraSubhaGhosh,Plea Bargaining - An Analysis of the concept, available at http://www.legalserviceindia.com/articles/plea_bar.htm accessed on 27th ctober,2013

Jed S. Rakoff,Why Innocent People Plead Guilty, The New York Review of Books, available at http://www.nybooks.com/articles/2014/11/20/why-innocent-people-plead-guilty/ accessed on 12th March,2016

Why the Innocent Plead Guilty’: An Exchange, available at http://www.nybooks.com/articles/2014/11/20/why-innocent-people-plead- guilty/ accessed on12th March,2016

Criminal Law Amendment Act,2005.

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Published

2018-03-30

How to Cite

Bhardwaj, D. . M. (2018). Justice in Plea Bargaining in India : a Review of major drawbacks. Innovative Research Thoughts, 4(1), 333–338. Retrieved from https://irt.shodhsagar.com/index.php/j/article/view/1290