Plea Bargaining in India: Why it has Failed

Publication Information

Journal Title: South Asian Law Review Journal
Author(s): Ajay Kumar & Nidhi Sudan
Published On: 31/08/2023
Volume: 9
First Page: 148
Last Page: 152
ISSN: 2456-7531
Publisher: The Law Brigade Publisher

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Ajay Kumar & Nidhi Sudan, Plea Bargaining in India: Why it has Failed, Volume 9, South Asian Law Review Journal, 148-152, Published on 31/08/2023, Available at


The year 2023 has been milestone for India for many a reasons, few of the reasons not worthy to be proud of though. It crossed the 3 trillion dollar mark four years ago in 2019, being the fastest growing major economies. In 2023, it pipped the UK economy to become the fifth largest economy in the world.

But there is another milestone that puts our head in shame is that India has now more than 5 crore pending cases across the courts all over the country and giving credit to the digitalization, the case load is multiplying at a whopping 18 percent. Adding to the ignonimity, there are people who have been in prison for a duration which exceeds the sentence for the crime committed had they pleaded guilty to the same. These are extreme examples and a glaring blot on our democracy.

Keywords: Plea Bargaining, Criminal Law Amendment Act 2005, Judiciary, U.S.A, India, Criminal Cases, Appeals, Adjournments, Prosecution, Defense, Implementation, Amendments, Stigma

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