Alternative Criminal Dispute Resolution System: An Evolving Interface in India

Abstract

Mediating criminal cases is no longer a vague concept. The idea behind writing this paper is to appeal to the Indian legislature and judiciary to regularize such concept. The huge pendency of cases requires speedy trial which is the essence of criminal justice system. In this regard position of law in various developed countries has been explored which have yielded successful results. Section 320 of Criminal Procedure Code provides for compounding of offences and its Chapter XXI A allows plea bargaining in criminal cases which has set the process in motion. Considering the caution, this paper recognizes and alarms the areas which may prove poor choice for any ADR program. Inclusion of additional forms of crime, e.g. Section 138 cases under the Negotiable Instruments Act, Section 498A in the Indian Penal Code and the Domestic Violence (Prevention) Act requires new law mandating case management of criminal cases and hence recognizing the right to speedy trial under Article 21.