Plea- bargaining- a necessary evil
Keywords:
IPC, CR.P.C. Criminal Procedure Code, India, Indian Law, Criminal law, Plea Bargaining, CrPC, Indian Penal Code, 265B, Sec 265B, Sec 265B IPC, Article 21, Article 20(3), Constitution, Constitution of IndiaAbstract
Plea bargaining, which means pre-trial negotiations aimed at reducing the sentence and early disposal of a criminal case, is a concept romanticized in all legal systems including India, however the Indian courts have been very conservative in adopting this course. With the induction of Section 265B of the CrPC, plea bargaining has acquired a legal status in India. The Plea bargaining should be voluntary in nature and the accused is also made aware of the direct consequence of pleading guilty, however, the reality is quite different. The principle of plea bargaining may pass constitutionality test under Article 20(3). Provided the same is out of free will. The provision of plea bargaining can be considered as a necessary evil to improve Indian judiciary and enshrine the soul of article 21 of the Constitution of India, i.e., Right to Life.
