Plea Bargain: Available Yet Unused
By Team Legistify / 2017-07-13
The plea bargaining helps in the reduction of the number of under-trial prisoners and also fulfils the most important constitutional obligation to provide speedy trial to individuals. Peoples faith has been reaffirmed in the criminal justice system because of plea bargaining.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Quality of Justice suffers not only when an innocent person is punished or a guilty person is exonerated, but when there is an enormous delay in deciding the criminal cases.

The Indian Judiciary today is facing the biggest challenge in the form of non-disposal of cases in criminal matters for long period of time. Heavy backlog cases in the courts and inevitable delays in dispensing justice has been to such an extent that it is shaking the public trust and confidence in the legal system of the country. At the same time, the innumerable hearings of a single case are tending to erode the quality of social justice and hampering the socio-economic development of the country.

To counter the delays and heavy workloads in the courts, the informal system of pre-trial bargaining and settlement has been adopted in some western countries, especially the United States. The system is commonly known as “plea bargaining”. Plea bargaining is taken to be more suitable, flexible and better fitted to the needs of the society, as it might be helpful in securing admissions in cases where it might be difficult to prove the charge laid against the accused.

The Concept:

Plea Bargaining does not have a perfect or simple definition. As implied by the term itself, plea bargaining involves an active negotiation process whereby an offender confesses his guilt in the court in the exchange of a higher punishment that would have been given for such an offence. It generally occurs prior to trial but it can occur any time before a judgment is rendered too.

The plea bargaining helps in the reduction of the number of under-trial prisoners and also fulfils the most important constitutional obligation to provide speedy trial to individuals. Peoples faith has been reaffirmed in the criminal justice system because of plea bargaining.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Related Posts

Read Our Blogs on Similar Topics