Report reveals minimal use of plea bargaining in India

Contact Counsellor

Last Updated28/08/2024

Only 0.11% of cases were resolved through plea bargaining in 2022, according to a report by the Ministry of Law and Justice

Plea bargaining, a legal tool introduced nearly two decades ago to address the overwhelming backlog of cases in Indian courts, remains significantly underutilized.
Despite its potential to expedite the judicial process, a recent report by the Ministry of Law and Justice reveals that plea bargaining's adoption in India has been minimal.
The report, titled ‘Access to Justice through Plea Bargaining as an Alternative Model to Traditional Criminal Trial in India,’ highlights the challenges and underutilization of this mechanism.

Plea bargaining was incorporated into the Indian judicial system in 2005 through an amendment to the Code of Criminal Procedure (CrPC).
The intention was to streamline the judicial process by allowing accused individuals to admit guilt in exchange for leniency in sentencing.
This procedure, detailed in Chapter XXIA of the CrPC, is applicable to offences punishable by up to seven years of imprisonment. However, it excludes cases involving crimes against women, children, and socio-economic offences.

Despite the provisions, plea bargaining remains one of the least utilized legal mechanisms in India. According to the National Crime Records Bureau (NCRB) data for 2022, out of 1,70,52,367 cases that went to trial, only 19,135 were resolved through plea bargaining—an insignificant 0.11%.
This statistic underscores the reluctance or lack of awareness among legal practitioners and accused persons to opt for plea bargaining.

The report identifies several reasons for the low adoption of plea bargaining. One significant challenge is that plea bargaining is perceived as a less attractive option compared to other legal mechanisms like compounding, quashing of criminal proceedings, or witnesses turning hostile.
Moreover, the report raises concerns about the clarity and consistency in the law’s application. It notes that while plea bargaining applications should ideally be entertained before charges are framed, in practice, it often occurs post-charge, diminishing its effectiveness.

The report also highlights inconsistencies in the application of plea bargaining, particularly in cases involving economic crimes, food offences, and offences against women and children.
Although the law generally excludes such cases from plea bargaining, the NCRB reports instances where it has been applied, raising questions about the consistency and appropriateness of its use.