PLEA BARGAINING IN INDIAN LEGAL SYSTEM

Plea bargaining is a novel concept in India. In modern era of criminal justice system, the vast majority of criminal convictions are produced through bargained pleas. It is the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to the court approval. It usually involves the defendant's pleading guilty to lesser offence as to only one or some of the courts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge. Therefore, plea-bargaining refers to pre-trial negotiations between the defendant through his/her counsel and the prosecution during which the accused agrees to plead guilty in exchange of lesser punishment. In India, position is very different from US. In the US and Europe, plea bargaining is a widely prevalent practice which helps expedite the legal process. Plea bargaining allows the accused to bargain with the court on the sentence that will be awarded. In India, it was introduced by way of an amendment Act of 2005 in Code of Criminal Procedure. This paper has made an attempt to critically evaluate the concept and applicability of plea bargaining in India criminal law as well as judicial attitude towards this concept.