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Plea bargaining

Indian judiciary is regarded as one of the most powerful judiciary across the globe but this powerful judiciary is being paralyzed by the weight of pending cases. There is a maxim that 'justice delayed is justice denied' it means that if timely justice is not provided to the sufferers, it loses its importance and violates human rights.
 
Majority of the cases in India ends in acquittal and the convictions rate is low. The legislature has recognized this problem of the backlog of cases and as a result introduced the concept of plea bargaining by the way of criminal law amendment act of 2005 .Any agreement by the accused to plead guilty in return for the promise of some benefit. The concept is originated in United States and it has evolved over the age to become prominent feature of the American criminal justice system. The plea bargaining was held constitutionally valid by the US Supreme court in the case Bradly v. US.
 
Historic Background
The concept of plea bargaining has been a part of criminal jurisprudence in India since Vedic time like Prayaschita and in Mugal period plea bargaining is in the form of Qiusas is flourished . The plea bargaining was introduced in India by way of the criminal Law Act ,2005 which was passed in the sessions of parliament .The provision regarding plea bargaining are embodied under chapter xxi-A of the code of criminal procedures.
 
Law Commission view
Law Commission of India has advocated the introduction of plea bargaining in the 142nd,154th and 177th report. Law Commission in its, 142nd report on concessional treatment for offenders where there own initiative choose to plead guilty without any bargaining. The report also look in to consideration the objects to the introduction of the concept of plea bargaining in Indian legal system to all its offenders. In CrPC the section 265 A to 265 L deals with the plea bargaining. The concept of plea bargaining in Indian even now be a confusing thing, it can only be studied by continues debate, discussions, seminars and not by saying its disadvantage. The concept of plea bargaining is tried to flourish in India.
 
Judicial View
Murlidhar Meghraj Loya v. State of Maharashtra (1976)
Kasam bhai v. State of Gujarat(1980)
Thippaswamy v. State of Karnataka(1983)
State of utter Pradesh. V. Chandrika

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