Comparative Analysis of Plea-Bargaining Procedure in Indian & American Jurisdictions

Abstract

The plea bargaining process is quickly gaining popularity in the resolution of legal issues across the world. In common law and civil law nations, the applicability, scope, and operation of plea bargaining are clearly dissimilar. A comparative study of India, the United States of America, and Italy has been done in this research to critically analyse these disparities in regard to various jurisdictions. The extent to which plea bargaining is more favourable than harmful is debatable. This is because the practice of plea bargaining is said to call into question the basic premise of a trial, which is to find the truth and administer justice. The reality that an immediate justice administration system is required in India is unarguable. The researcher seeks to determine whether plea bargaining in India, in its current form and structure, is sufficient to achieve that goal by contrasting its benefits and drawbacks in the context of the Indian judicial system, and later, proposing reforms in the realm of this modern dispute resolution mechanism.