Title:: Aim and Objective
Title:: Aim and Objective
Title:: Aim and Objective
RESEARCH QUESTIONS:
1. How concept of Plea bargaining is different in India, U.S.A and U.K.?
2. What is the role of prosecutor, courts and the defendant in the criminal procedure of Plea
Bargaining?
RESEARCH METHODOLOGY:
The method used for research purposes is entirely doctrinal. The data has been gathered by
referring through various books of the given subject. Analysis of that particular data has been
done by breaking the data into different sections and then drawing out conclusions from those
different sections. The researcher has primarily relied upon the criminal codes of the respective
countries and the criminal justice system therein. The researcher has also looked into the
secondary sources of data such as reports by different commissions, articles and books by
distinguished authors for the purpose of this paper.
INTRODUCTION:
The criminal justice system in India reveals that most of the under trial prisoners are languishing
in prisons throughout the country. The accused inmates have to go through mental torture and
have to pay considerable amount by the way of legal expenses. The courts have formulated an
informal system of pre-trial bargaining in the western countries, prominent in the United States.
In India the practice of plea bargaining was considered as immoral compromise in the criminal
cases or trading out. The apex court also, was not in favor of introducing the concept of plea
bargaining in India. The law commission of India in its 142nd, 154th and 177th advocated the
introduction of plea bargaining in India. On the recommendation of the Malimath Committee,
the Code of Criminal Procedure has been recently amended by the addition of Chapter XXIA,
consisting of 12 sections (Sec 265-A to 265-L). 1 The report submitted by the committee also
suggested that not only will the plea-bargaining expedite the disposal of the cases; but also result
in sufficient compensation for the victim of the crime. The 154 th report of the Law Commission
of India, suggested the addition of the chapter of ‘plea-bargaining’ in the Indian Criminal Justice
system.
The criminal law amendment Act, 2005 which was passed in the winter session of the
parliament, introduced the concept of plea bargaining in India, which came into the effect on 5 th
July, 2006.
CHAPTERISATION (TENTATIVE):
Introduction
Plea bargaining in India
Salient features of plea- bargaining in India
Advantages and Disadvantages
Plea bargaining in United Kingdom
Plea bargaining in United States
Comparative analysis & Conclusion
Bibliography
BIBIOGRAPHY (TENTATIVE) :
PRIMARY SOURCES:
Outline of Code of Criminal Procedure : Kelkar R.V.
Code of Criminal Procedure : Ratanlal and Dherajlal.
1
SECONDARY SOURCES:
www.manupatra.com
www.westlaw.com
www.sscrn.com
www.ssc.com
www.legalservices.com
www.articlesbase.com