Significance Of Plea Bargaining In Reducing Backlog Of Criminal Cases: A Case Study Of District Courts, Amravati, And Courts Of Metropolitan Magistrates In Mumbai

Abstract

The increasing rate of arrears in criminal courts in India is causing a burden on the judiciary and compromising the principle of justice. The Supreme Court of India has emphasized the importance of speedy trials, which are essential for preventing undue incarceration and minimizing anxiety. Plea bargaining, a pre-trial negotiation between the prosecutor and the accused, can help reduce the burden on the courts. This research paper highlights the significance of plea bargaining in Mumbai and Amravati District courts. In America, it's commonplace, with 85-90% of criminal cases settled through it. However, in India, under-trial prisoners and accused face prolonged trials without hearing. To reduce court congestion and increase efficiency, it's essential to emphasize the significance of plea bargaining in Magistrates courts in Maharashtra State. Plea bargaining, a pre-trial negotiation between a prosecutor and an accused, has faced challenges due to socioeconomic conditions, cultural factors, and the accused parties' lack of awareness. To improve implementation, jail superintendents, probation officers, and courts should conduct legal awareness programs, remove the dilemma of socio-economic offenses, and establish time limits and accountability. Proper implementation can reduce pendency and alleviate stress and stigma for victims and accused