Plea Bargaining : A New Path in Criminal Justice System
By
Somnath De
Introduction
Speedy trial is the essence of criminal justice and delay in trial by itself constitutes denial of justice. The Rule of Law runs through the entire fabric of the Constitution like a golden thread. Hence when any change is brought about, it has to play a definitive and positive role. We must realize that the end of law must be justice. Justice delayed is not only justice denied but also frustrated. The Criminal Justice System in India is in shambles. Looking at the plethora of cases pending in the Criminal Justice System, it was a constant pressure on the judicial organs to impart justice without any delay. Hence, as a bold step plea bargaining came into play. Day by day, partakers in criminal justice system are either in confusion or in an intellectual debate on the innovative changes in sentencing system under the Indian Criminal Jurisprudence. Now the question is plea bargaining, synonymous to pleading guilty? Of course, root cause is ....