Plea Bargaining

Topics: Criminal law, Judge, Crime Pages: 11 (4198 words) Published: May 27, 2013
Plea Bargaining - An Indian Approach
In a democratic country like India, judiciary plays a vital role in establishing a state of justice. Justice is desired by each and every person on this earth. But as we all know that Justice delayed is Justice denied, so it’s a matter of concern that how many people actually get justice in due time. Well this is a very vague question as there is no specificity to it. However it lays down the basis of a very common problem that has plagued the Indian courts. The problem of backlog of cases has been haunting the Indian courts for a long time. Precisely speaking the criminal trials takes much longer than what they are expected to take and what actually they take. Thus it is very necessary that some sort of system is adhered to so as to speed up the trial process and relieve the courts from heavy backlog of cases. With such a large population it is quite obvious that at least thousands of crimes are committed almost everyday throughout the country. Thus it is all the more obvious that with such a rate of criminal cases pooling into the courts the available workforce falls very short of the expectations. Apart from that there are several appeals which are preferred from the trials which furthermore increase the case numbers in the court. In such a scenario it becomes a matter of concern as to how to control this problem. Reasons for Delay in Disposal of Cases

· Increase in Litigation - Now a day’s people are in a habit of dragging their Grievances to the court of law, which can be solved outside the court. · Non-adherence with the Code by both Judges as well as Lawyers. · Judicial Vacancies - India has the lowest number of judges per capita in the world. Even smaller countries have around 80 judges per million people whereas this figure ranges between 9 to 11 judges per million people in India. For once it can be understood that delay may occur in the civil cases but the same is not expected in the criminal proceedings. But the criminal justice system is in worst position and hence the common man has also lost its complete trust on the efficacy of the criminal redressal system. This acts as a real roadblock to development of any state or nation. Nani Palkhiwala opined that: “Justice in common parlance is considered as blind but in India it is lame too and hobbles on crutches”. For Example consider the condition of the poor victims of the Bhopal gas Leak disaster. Twenty seven years had passed to that ghastly incident; still now the victims were fighting for its compensation, which is in equivalent to the damage caused to them.| Remedies to overcome delay in disposal of cases

The delay in delivery of justice can be overcome by following methods- · Firstly, delay in rendering justice can be overcome by establishing more Courts and to increase the number of Judges according to population. There is access need to increase the number of Judges, specially at the local level for giving access to the ordinary people. · There is a need to improve the basic infrastructure and management of resources. Modern technology and use of computers could also increase the efficiency of the Court system. · Information counters should be set up in every Court for the conveyance of litigating public at National level. · There should be some permanent vigilance provision to observe the working of the public prosecutor. · Security system in Courts also needs improvement for confidence of people and fearless functioning of system. · Our Criminal system also has an urgent need of independent investigative agency. Delay in Police investigation is also one reason due to which cases linger for years. It is too good to create an independent wing of police force, fully in charge of crime investigation and functioning under the direct control of independent prosecutor and that wing should be accountable to Judiciary and not to particular government of the time. · There should be uniform patterns for the appeals and...
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