Plea Bargaining in India: Why Has It Failed And Is India Finally Ready for Negotiated Criminal Justice? #KK79

For any questions, suggestions or queries, you can follow and reach out to us on twitter ⁠https://twitter.com/AbhasMishra⁠ or our website ⁠https://anchor.fm/abhas-mishra⁠Criminal Law(Amendment) Act, 2005 —  inserted Chapter XXI-A (Sections265A–265L) into the CrPC, establishing plea bargaining in India.BNSS, 2023—  Chapter XXIII, Sections 289–300. Key changes: (a) 30-dayapplication window from date of charge framing (S.290); (b) enhanced leniencyfor first-time offenders (S.293). Core conviction-mandatory framework retained.Section 359BNSS —  Compounding of offences. Successfulcomposition has the effect of acquittal (S.359(8)).MalimathCommittee Report, 2003 —  Recommended introduction of pleabargaining for speedy disposal.NCRB 2023—  ~1.65 crore cases tried; ~35,889 disposed via pleabargaining (~0.216% disposal rate).Supreme Court,In Re: Policy Strategy for Grant of Bail (2022) —  Bench of Justice SK Kaul and Justice Sudhanshu Dhulia:observations on sentence-only bargaining, triple approach (plea bargaining +compounding + probation).Comparativestats —  US ~90–95%; Canada ~85–90%; Australia~80–90% criminal disposals via negotiated pleas.Pendency—  ~58 million cases pending across Indian courts (as of2023–24 data).Views and opinions expressed by the guest are their own and do not reflect the opinions of the channel or the host. None of the views are meant tomalign any religion, ethnicity, caste, organization, company or individual. The contents of the show are meant to spread awareness and should not beconsidered legal advice. Do not imply solicitation. The host will not acceptany liability for the actions of the listener. Always consult a lawyer. LinkedIN profile of our Chambers: ⁠https://www.linkedin.com/company/76478950/⁠