Plea bargaining, introduced in India through the Criminal Law (Amendment) Act, 2005, aims to expedite the criminal justice process by allowing accused persons to plead guilty in exchange for a reduced sentence. While it has helped in reducing the burden on courts and ensuring quicker disposal of cases, it also raises concerns about diluting the quality of justice. Critics argue that it may lead to coerced confessions, especially from underprivileged or ill-informed accused who might plead guilty to avoid prolonged trials, regardless of actual guilt. Moreover, by emphasizing speed over substantive justice, it risks undermining the principles of fair trial and due process. The lack of judicial oversight in some plea bargains and the exclusion of serious offences may create inconsistencies and compromise victims’ rights. Thus, while plea bargaining offers practical benefits, its unchecked use could weaken the credibility and integrity of India’s criminal justice system.
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