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INTERNATIONAL JOURNAL OF CREATIVE RESEARCH THOUGHTS - IJCRT (IJCRT.ORG)

International Peer Reviewed & Refereed Journals, Open Access Journal

IJCRT Peer-Reviewed (Refereed) Journal as Per New UGC Rules.

ISSN Approved Journal No: 2320-2882 | Impact factor: 7.97 | ESTD Year: 2013

Call For Paper - Volume 14 | Issue 5 | Month- May 2026

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  Published Paper Details:

  Paper Title

IS PLEA BARGAINING A RATIONAL MEANS TO JUSTICE?

  Authors

  Jayant Garg,  Bhavya Sharma

  Keywords

Keywords: Plea Bargaining, Criminal Justice System, accused, guilty.

  Abstract


Whenever a crime is committed, Society cries for the justice. It cries even more when a criminal trial is prolonged and loses trust when the victim isn't given justice as a result of the trial's delay and the guilty party's acquittal. In Hussainara Khatoon v. State of Bihar, 1980 the Supreme Court stated that the citizen's fundamental right to a speedy trial. Speedy trial is a requirement for proper administration of justice, as our courts are well aware of. Notwithstanding many rulings by the Supreme Court, fast trials are now all but impossible because of rising court arrears and the overburden that results from them. As a result, justice has suffered the greatest loss. In order to overcome these problems in the criminal justice system, the concept of plea bargaining has been incorporated in the Code of Criminal Procedure 1973, by the amendment of 2005, adding chapter XXI (A) in the Code. Plea bargains are a way for all parties and the court to agree on a settlement to a criminal case. As a result, the accused and the government reach a plea deal. The prosecution agrees to suggest a favorable sentencing to the court in exchange for the accused's cooperation to enter a guilty plea without a trial. Plea bargaining is regarded in this situation as the offender's incentive for telling the truth. It might be helpful for both the prosecution and the accused. Although this procedure appears to aid in a speedy trial, it is not immune to criticism. Through the criminal code modification act of 2005, the Indian judicial system grudgingly moved plea bargaining from section 265A to section 265L in the new chapter XXI A of the CrPC. In 2004, the Honorable Supreme Court of India declared, "It is an established law that a court cannot decide a criminal matter on the basis of a plea agreement. The case must be decided on the merits by the court". This paper is an attempt to discuss the concept of plea bargaining in Indian Justice system. Along with, the authors have made an attempt to critically analyze the discussed concept in accordance with the approach taken by Indian Judiciary in this regard. It aims at finding out whether or not the concept of plea bargaining can be seen as a rational means to justice. For the purpose of this research paper, the authors have adopted the doctrinal method of research.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT23A4026

  Paper ID - 235342

  Page Number(s) - h917-h926

  Pubished in - Volume 11 | Issue 4 | April 2023

  DOI (Digital Object Identifier) -   

  Publisher Name - IJCRT | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Cite this article

  Jayant Garg,  Bhavya Sharma,   "IS PLEA BARGAINING A RATIONAL MEANS TO JUSTICE?", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.11, Issue 4, pp.h917-h926, April 2023, Available at :http://www.ijcrt.org/papers/IJCRT23A4026.pdf

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Call For Paper May 2026
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ISSN and 7.97 Impact Factor Details


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ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
Journal Starting Year (ESTD) : 2013
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ISSN and 7.97 Impact Factor Details


ISSN
ISSN
ISSN: 2320-2882
Impact Factor: 7.97 and ISSN APPROVED
Journal Starting Year (ESTD) : 2013
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