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