期刊名称:International Journal of Early Childhood Special Education
电子版ISSN:1308-5581
出版年度:2022
卷号:14
期号:4
页码:1211-1216
DOI:10.9756/INT-JECSE/V14I4.161
语种:English
出版社:International Journal of Early Childhood Special Education
摘要:The article here gives light to the conceptualization of “Plea Bargaining” which isn’t yet common in India. It became a part of the law in India, in the year 2006. People often get confused about a similar concept given in the Criminal Procedure Code which is “Plead Guilty”. But it is entirely different from plea bargaining. Plea bargaining was introduced as a set of amendments in CrPC. It was instituted in Chapter XXI-A in accommodation to Sections 265A to 265L of CrPC. The Indian Judiciary is powerful. But sometimes it gets burdened by a lot of cases. The idea of plea bargaining is currently being used as a revolutionary tool to dispose of a vast number of pending cases. Plea Bargaining is also considered a potent Alternative Dispute Resolution in India. This concept is an American concept whose traces are found back in the 19th century in America. However, our Hon’ble Supreme Court found it illegal and unconstitutional. But, the Law Commission of India recommended it. This article line-up the essentials and drawbacks the concept has faced. Here, we will analyse the process recommended by the Law Commission of India. Also, the current state as well as the future prospect of Plea Bargaining.