Plea Bargaining and Reform of India’s Criminal Justice System

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The Union Home Ministry is reviewing reforms related to plea bargaining amid concerns regarding its limited use in India’s criminal justice system. Experts argue that despite being introduced to reduce pendency and speed up trials, plea bargaining has not achieved significant success under existing criminal laws and the new Bharatiya Nagarik Suraksha Sanhita (BNSS).

  • Plea bargaining is a pre-trial negotiation in which an accused agrees to plead guilty in exchange for reduced punishment or lesser charges.
  • It was introduced in India through the Criminal Law (Amendment) Act, 2005 by inserting provisions in the Code of Criminal Procedure (CrPC).
  • It generally applies to offences punishable with imprisonment up to seven years and excludes serious offences affecting society.
  • The objective is to reduce judicial pendency, save litigation costs, and ensure faster disposal of criminal cases.
  • Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), plea bargaining provisions continue with procedural safeguards.
  • Plea bargaining differs from compounding of offences because plea bargaining still results in conviction, while compounding can lead to acquittal.

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