Plea Bargaining: Comparative Study between Code of Criminal Procedure 1973 and Bharatiya Nagarik Suraksha Sanhita 2023

Abstract

The objective of this study is primarily to compare the plea bargaining in CrPC and BNSS. It’s an attempt to measure change to ask what has remained constant
and what has changed and to gauge the effects on defendants and victims and the courts themselves. Additionally, the research will ask that if the BNSS fill the
gaps of the CrPC system and does the BNSS promote justice. The research approach used in this study is doctrinal. The main part of the study is Comparative
discussion of Plea bargaining in relation to CrPC, and BNSS is also reported with the help of secondary data which includes books, articles, Law commission
reports and government recommendation. This approach allows, and demands, not merely a descriptive but also assessment of the problem returning to the reforms
in what the law intended and in what have been the policy results. It was held that CrPC of course forms the nucleus of the BNSS concerning exclusions and
judicial review but achieves the same aim through predictable process time bound process and victim’s participation. On the whole, these are common sense
reforms that make this a more transparent, fair and client friendly procedure. It appears that BNSS is a welcome step for fair and flexible process of plea bargaining in India.