The document analyzes plea bargaining in India. It defines plea bargaining as a prosecutor and defendant negotiating a guilty plea to a lesser charge. The objectives of plea bargaining in India are to provide compensation to victims, reduce pending litigation, decrease trial delays, and reduce the number of under trials. The Law Commission of India advocated for plea bargaining in its 142nd, 154th, and 177th reports to address delays in case disposal. Plea bargaining was incorporated into Indian law to help address overburdened courts and frustration with delays in the justice system. The document discusses provisions, types, judicial pronouncements, advantages, disadvantages, and criticism of plea bargaining in India.

1. ANALYSIS OF PLEA
BARGAINING IN
INDIA

2. MEANING AND DEFINITION
• “The negotiation of an agreement between a prosecutor and a defendant whereby the defendant is permitted
to plead guilty to a reduced charge”.
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3. SALIENT FEATURES

4. OBJECTIVES
 To make provisions of compensation to the victim of crimes by the accused.
 To reduce the pending litigation.
 To cut the delay of disposal of criminal cases.
 To decrease the number of under trial prisoners

5. REQUIREMENTS

6. PLEA BARGAINING IN INDIAN CONTEXT
• Reasons behind Incorporation of the Concept of Plea Bargaining Under Indian Jurisprudence
The quality of justice suffers not only, when there is enormous delay in deciding criminal cases but also when an innocent person is
punished or a guilty person is exonerated. Indian judiciary is facing the numerous challenges when it sees frustration on the face of the
people of India regarding non-disposal of cases in criminal matters on delay. Major backlog of cases in the courts and inevitable
delays in dispensing justice has been to such an extent that it is shaking public trust and confidence in the legal system and it is
tending to destroy the quality of social justice and hampering the socio-economic development of the country. Speedy trial is the
essence of criminal justice and there can be no doubt that delays in trial by itself constitute denial of justice. The theory of 'justice
delayed is justice denied' can be rightly suitable after seeing the Indian judiciary.
The highly common complaints about the justice system are:
(i) more number of cases by people or
(ii) overburdening of courts.
In India, Plea Bargaining has certainly changed the face of the Indian Criminal Justice System. The concept was not part of judicial
process till 2006. There has been already a provision in the Code of Criminal Procedure for an accused to plead ‘guilty’ instead of
claiming the right to a full trial, but it is not as same as plea bargaining.

7. The Law Commission of India with its support of Malimmath committee, boosted the idea of “concessional treatment” of
those who plead guilty on their own volition, but was careful to underscore that it would not involve any plea bargaining with
the prosecution.
OBSERVATIONS OF LAW COMMISSION :
The Law Commission of India had many a times advocated the introduction of ‘Plea Bargaining’ in its 142nd, 154th and
177th reports.
• 142nd report, 1991 :
The Report routed for plea bargaining in wake of delay in disposal of cases and the time spent by accused in jails before the
commencement of trial, which exceeds the maximum punishment which can be awarded to them. Thus, it recommended a
detailed structure for incorporation of plea bargaining.
• 154th report, 1996 :
It recommended making plea bargaining applicable as an experimental step, where an offence is punishable with less than 7
years imprisonment or for offences provided in Section 320. Further, it suggested that the option of plea bargaining can be
availed after filing of charge sheet in a police case and after taking of cognizance in a complaint case. Lastly, a separate
chapter in Cr.P.C. to be incorporated for the same.
• 177th report,2001 :
It recommended that suggestions of the 154th Law Commission Report regarding Plea bargaining should be incorporated at an
early date.

8. PROVISIONS OF PLEA BARGAINING

9. TYPES OF PLEA BARGAINING

10. INDIAN JUDICIAL PRONOUNCEMENTS

11. ADVANTAGES OF PLEA BARGAINING
 Fast disposal of cases
 Less serious offenses on one’s record
 A hassle-free approach
 Avoids publicity
DISADVANTAGES OF PLEA BARGAINING
 Voluntarily adopted Mechanism
 Involvement of Police
 Corruption
 Independent Judicial Authority
 Not the final solution

12. CRITICISM OF PLEA BARGAINING

13. CONCLUSION AND SUGGESTIONS