Plea Bargaining History

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In our country, the judicial system, being fair and powerful is still very slow. It has always been very crowded. Since the courts are over crowded, prosecutor’s case-loads are over loaded and defendants wants to save time and money, as the result of which an informal and easy way of pre-trail bargaining came into play. Its is known as Plea-Bargaining. Plea Bargaining is defined as the agreement between the prosecutor and the defendant, whereby the defendant agrees to his or her guilt of crime that has been committed in return for some concession from the prosecutor. This means that the defendant pleads guilty for a less serious charge or to one of the serious charges, in return for the dismissal of other charges or the defendant will plead …show more content…

It has been discussing the provisions which brought plea bargaining. In 1970, the constitutional validity was upheld for the first timein Brady v United States, where it was held not unconstitutuonal to the extend of benefit to an accuded that in turn extends a benefit to state. In order to reduce the delay in disposing criminal matters, the 154th Report of Law Commission for the first time introduced the concept of ‘Plea-Bargaining’as far as our country is concerned, its has got a long history of opposing the introduction of plea bargaining, it was considered illegal, unconstitutional and immoral as far as the criminal trials are concerned, but the legality of this procedure for the first time was realized in the case- State of Gujrat v. Natwar Hachandji …show more content…

The objects and reasons for the introduction of Plea-Bargaining mentions that, “the disposal of criminal trials in court takes considerable time and that in many cases trial does not commence for as long as 3 to 5 years after the accused was remitted to judicial custody, though not recognized by criminal jurisprudence, it is seen as an alternative method to deal with huge arrears of criminal cases”, so the concept was introduced in Indian Criminal judicial system in the year 2005 by the Criminal Law amendment

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