Volume : VII, Issue : IX, September - 2018
A COMPARATIVE STUDY ON PLEA BARGAINING IN INDIA AND OTHER COUNTRIES
Jeevalaya. V
Abstract :
The concept of plea bargaining has been recognized in many countries and it has been incorporated in their Criminal Procedural Law. The term “plea bargaining” means, “pre– trial negotiation between the prosecutor and the accused whereby the accused agrees to plead guilty and the prosecution agrees to provide some concession or lesser punishment to the accused based on his plea of guilty”. This concept of plea bargaining in India was of recent origin and it was introduced in the year 2005 to protect the rights of the accused. This concept was introduced to reduce the number of criminal cases where trial do not commence for three or five years. A huge number of persons accused of an offence are not able to get bail because of many reasons and one such reason is that they have been inside the jail for so many years as an “undertrial prisoners and during the course of detention as under– trial prisoners they have to under go a lot of mental stress and burden. One of the other reason is that if there is no sufficient evidence to prove that the accused has done the offence, it ultimately results in acquittal of him. Hence, this concept is dealt under Chapter– XXIA of the Code of Criminal Procedure, 1973. This paper deals with the process of plea bargaining in India and other countries.
AIM OR OBJECTIVE:
· To study about the concept of plea bargaining in India and other countries.
· To study about the origin of concept of plea bargaining in India and its procedure in the Criminal Procedure Code, 1973.
· To study about the types of plea bargaining and case laws relating to plea bargaining.
RESEARCH PROBLEM:
Whether the concept of plea bargaining puts the prosecution or the victim at a disadvantaged position in the light of Criminal Law (Amendment) Act, 2005; 142nd, 154th Reports of the Law Commission in comparison with the US, UK and Australia?
HYPOTHESIS:
Ho: The concept of plea bargaining is not effective in reducing the rate of offence.
Ha: The concept of plea bargaining is effective in reducing the rate of offence.
Keywords :
• Plea bargaining • Law commissions • Criminal Law Amendment Act 2005 • Concession • punishment
Article:
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DOI : https://www.doi.org/10.36106/paripex
Cite This Article:
JEEVALAYA.V, A COMPARATIVE STUDY ON PLEA BARGAINING IN INDIA AND OTHER COUNTRIES, PARIPEX‾INDIAN JOURNAL OF RESEARCH : Volume-7 | Issue-9 | September-2018
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JEEVALAYA.V, A COMPARATIVE STUDY ON PLEA BARGAINING IN INDIA AND OTHER COUNTRIES, PARIPEX‾INDIAN JOURNAL OF RESEARCH : Volume-7 | Issue-9 | September-2018