The concept of plea bargaining was introduced in India because some jurists felt that it may speed up criminal justice system.
Though laws are amended accordingly, the idea has still not received popularity in litigating public.
There are some crimes, where it is possible for Prosecutors to concede and to drop higher charges and to settle for lower punishment.
Here, before beginning of trial, accused has to show willingness to plead guilty if lesser punishment is assured to him. If the prosecutor, the Judge and the defence counsel are able to agree on issue, the accused pleads guilty and he is let off with lesser punishment. It saves valuable time of trial court.
The idea has yet to become popular in India. There must be some practical difficulties and issues of which I may not be aware.
But the law of plea bargaining is now possible in India under certain circumstances.
Haresh Raichura
22/5/13 08:22