A comparitive anaysis on the concept of plea bargaining-with special reference to UK, USA and India
The concept of plea bargaining as mechanism for quick disposal of cases has been recognized in a lot of countries across the globe. It is also been incorporated in the criminal procedure laws of a lot of nations. Plea bargaining basically means, a negotiation or an arrangement which takes place before the trial, this arrangement takes place between the accused and the prosecutor where in in the accused voluntarily agrees to plead guilty for the offences committed by him. In return to him pleading guilty, the prosecutor offers to provide some sort of concession in the punishment to the accused. America amongst all the other Nations should be considered a pioneer of this mechanism. This mechanism was introduced and made applicable in India only in recent times. India also has borrowed this mechanism from the United States. This mechanism was put in use in India in order to bring down the number of criminal cases where in in the commencement of trial did not take place even after a period of three and in some cases five years. In India the rate of acquittal is higher compared to the rate of conviction. This is due to the lack of evidence in a lot of cases to prove the accused to be the guilty. Henceforth, the concept of plea bargaining was introduced under chapter XXIA of the code of criminal procedure, in India. This paper analysis the process of plea bargaining in India and other nations with special reference to the United States of America and the United Kingdom.