Published Paper Details:

Plea bargaining, a process through which an accused voluntarily pleads guilty in exchange for a lesser sentence or reduced charges, was introduced in India to address the chronic delay and burden on the criminal justice system. Initially incorporated through the Criminal Law (Amendment) Act, 2005 by inserting Chapter XXIA (Sections 265A-265L) into the Code of Criminal Procedure, 1973, the concept has now been retained in the Bhartiya Nagarik Suraksha Sanhita , 2023 under Chapter XXIII (Sections 289 to 303). The objective remains to promote judicial efficiency and reduce case pendency. However, the limited scope of applicability, excluding offences affecting the socio-economic fabric or carrying severe punishments, along with concerns over coercion, lack of awareness, and procedural inadequacies, continues to challenge its practical impact. This paper critically evaluates the current scope, effectiveness, and challenges of plea bargaining under the new legal regime and proposes reforms for its fair and effective implementation.