Plea bargaining refers to pre-trial negotiation between the prosecution and the accused during which the accused agrees to plead guilty in exchange for certain concessions by the prosecutor.
It is essentially negotiation of incentives offered by a prosecutor to induce the accused to plead guilty.
The Indian concept of plea bargaining is inspired from the doctrine of nolo contendere (no contest).
In India, plea bargaining was introduced on the recommendation of the Justice Mali Math Committee constituted to examine reforms in the criminal justice system.
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Abhixit Singh is a partner at Titus & Co. He can be contacted at asingh@titus-india.com. Digvijay Singh is an associate at Titus & Co and can be contacted at dsingh@titus-india.com.
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