Identifying the Doctrine of Plea Bargaining in Indian Constitution
constitutional clat_ug beginner pyq_discussionQuestion from CLAT UG, 2020: "Explain Plea Bargaining and discuss whether it is a viable alternative to the existing system of trial in India."
Honestly, I found this question tricky because most students, including myself, get confused between the concept of Plea Bargaining and the concept of 'Bail'. See Article 21 of our Constitution - it talks about the protection of life and personal liberty. Now, Plea Bargaining is actually recognized in our penal code - Section 321 CrPC. It basically allows a person to plead guilty to a lesser charge in exchange for a reduced sentence. But can we really say it is a viable alternative to the existing system of trial in India?
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Doston, mere vichaar hai ki Plea Bargaining ka sandarb Indian Constitution me nahi diya gaya hai. Lekin, kuch naye kanoon likhne ke baad, iska vikalp nikaalke isey shuru kiya gaya hai. Kuch high court isey accept karte hain, phir bhi yeh sabhi courts par lagu nahi hai. Isliye, yeh is vishay par dhyan dene ke liye zaroori hai.