Plea bargaining Under Criminal Justice Administration System in India A SocioLegal Study
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Abstract
newlineThe parliament has introduced a new Chapter to the Code of
newlineCriminal Procedure, 1973 by Amending Act of 2 of 2006. By this
newlineamendment Chapter XXIA contributing for legal framework and
newlineprovisions for plea bargaining, has been reflected in the code. The stated
newlineaims and objectives of the legislation are comprising the pendency of cases
newlinebetter handle of court s time and thereby tax payers money, and
newlinecomprising (if not eliminating) the ordeal of under trial prisoners charged
newlinewith small offences, coupled with agreed compensation to the victims.
newlineThis concept of plea bargaining as legal provisions under the
newlinecriminal justice delivery system is new to India. Therefore, the bar and the
newlinecourts at the relevant stages are presently, not expected to be fully equipped
newlineso as to put the provision in practice and achieve optimum results.
newlineThe Plea Bargaining has to be trained at the pre-trail stage. The Bar
newlineand the Judiciary at that stage, therefore, required to be made well versed
newlinewith the provisions of Plea Bargaining .Not only this, it is also necessary
newlineand important to recapitulate the underlying philosophy .Unless the
newlineprovisions are correctly understood with its aims, objects and philosophy,
newlinethe stated aims of legislation may not be achieved.
newlineThe present research work consists of 7 chapters. The 1st first chapter
newlineis dedicated for outlining the present study. It also explains why the scholar
newlinewas interested to conduct the present study and the very basis of the study
newlinein the contemporary time.
newlineThe 2nd chapter deals with the meaning and conceptual analysis of plea bargaining. Here it is discussed about plea bargaining on legislative
newlinevii provision, its benefits, origin and its non implementation in India. The
newlineposition under US and Indian law and in the Present context whether plea bargaining is in criminal justice is justified or not.
newlineThe 3rd chapter is highlighted on Law and Legislative Measures on plea bargaining. It is imperative to understand the legislative framework on plea bargaining applicable in India.