Priyanka Pareek, Assistant Professor, S.S. Jain Subodh Law College, Jaipur, Rajasthan
ABSTRACT
Plea bargaining, a legal practice widely adopted in many jurisdictions around the world, has undergone significant transformation in India over the past few decades. Historically, Indian criminal justice was primarily adversarial, emphasizing punishment over reconciliation and restorative outcomes. This paper traces the evolution of plea bargaining in India, from its inception in the early 2000s to its present state, highlighting the shifts in legal philosophy and procedural modifications that align with restorative justice principles. Initially introduced to reduce the burden on the judiciary and expedite the criminal justice process, plea bargaining in India has gradually moved towards incorporating elements that focus on victim-offender reconciliation, community healing, and reparative outcomes. This evolution is particularly evident in recent reforms and judicial interpretations that emphasize restorative goals, such as victim compensation, offender rehabilitation, and community service. However, despite these advancements, significant challenges remain, including concerns about coercion, fairness, and the protection of defendants' rights. By examining recent trends, legislative changes, and case law, this paper provides a comprehensive analysis of whether plea bargaining in India is truly moving towards a restorative justice framework or if it remains entrenched in its original objectives of procedural efficiency and case backlog reduction.
Keywords: Plea Bargaining, Restorative Justice, Indian Criminal Justice, Legal Reforms,
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