Judicial Discretion in the Process of Plea Bargaining: A Brief Analysis
Abstract
The statement which the researcher would try to prove through this paper is that whether judicial discretion in the process of plea-bargaining is being judiciously used or not? Also, the paper would shed light on the issue of lack of judicial scrutiny and discretion in the process of plea-bargaining when an accused plea bargains as per the procedure laid down in the Criminal Procedure Code as the extent of judicial discretion is very limited.
References
Code of Criminal Procedure, 1973.
Plea Bargaining Rules 2017.
Code of Criminal Procedure, 1973.
Judicial discretion in plea bargaining: An Indian perspective SSRN, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2325250 (last visited Apr 26, 2023)
Sentencing guidelines, judicial discretion, and plea bargaining - JSTOR, https://www.jstor.org/stable/2601029 (last visited Apr 26, 2023).
Concept of plea bargaining: Under Indian legal system Legal Service India - Law, Lawyers and Legal Resources, https://www.legalserviceindia.com/legal/article-10747-concept-of-plea-bargaining-under-indian-legal-system.ht ml (last visited Apr 26, 2023).
Plea bargaining - a practical solution - the salient features of plea bargaining Legal Service India, https://www.legalserviceindia.com/article/l87-Plea-Bargaining.html (last visited Apr 26, 2023).
Criminal Law (Amendment) Act of 2005.
Code of Criminal Procedure, 1973.
Plea agreements, judicial discretion, and sentencing goals Plea Agreements, Judicial Discretion, and Sentencing Goals | Office of Justice Programs, https://www.ojp.gov/ncjrs/virtual-library/abstracts/plea-agreements-judicial-discretion-and-sentencing-goals (last visited Apr 26, 2023).
Indian Law Commission, 142nd Report, 1991.
Benefits of plea bargaining Encyclopædia Britannica, https://www.britannica.com/topic/plea-bargaining/Benefits-of-plea-bargaining (last visited Apr 26, 2023).
Law Commission of India's 142nd Report.
(2006) 2 SCC (Cri) J-12).
AIR 1976 SC 1929.
1980 AIR 854.
Special Leave Petition (crl.) 3774 of 1999.
[1983] 1 SCC 194.
Appeal (crl.) 1131-32 of 1999.
Criminal Law (Amendment) Act of 2005.
Code of Criminal Procedure of 1973.
Code of Criminal Procedure 1973.
Code of Criminal Procedure 1973.
Indian Penal Code 1860.
