Plea Bargaining- An Innovative Step For Indian Legal System

Krishnapal Singh Chauhan
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Abstract

First of all I would like to tell a very famous story, which reflects the passion of justice in Indian justice system. We all have must heard the name the Mughal emperor Jahangir. He was known for his justice by everyone. He was very passionate about justice. His noble justice earned fame in history. This story is that, one day Jahangir’s beloved queen Noorjahan targeted a deer into the king’s palace apartment known as “Aahukhana”. Unfortunately the arrow hit a washer man, it was an unintentional act that the washer man received arrow stroke and died. The wife of the washer man rang the metallic bell of justice. Jahangir immediately responded to the cry for justice and called the “Fariyadi” to hear his complaint, he summoned the queen from the royal pavilion to the justice-hall as an ordinary accuse. After hearing he pronounced judgment as per law of equality-life for life. All the courtiers sitting in the justice hall perplexed. Even the Washer man’s wife looked in disbelief that Jahangir would sacrifice his most beloved for the justice. They begged for the life of the queen. Even the washer man’s wife craved for mercy. In order to meet the strict claims of justice he stood firm on his judgment until he was convinced by the jury-courtiers that there is concession in the “quranic” law that if the aggrieved party agrees, the strict claim of justice may be meted out with “Plea bargaining”. The victim’s wife happily agreed to it and the queen was relieved of the punishment after paying the bargained amount to the full satisfaction of the aggrieved.
辩诉交易——印度法律制度的创新一步
首先,我想讲一个非常著名的故事,它反映了印度司法系统对正义的热情。我们都听说过莫卧儿皇帝贾汉吉尔的名字。他的公正为人所知。他对正义充满热情。他高尚的正义在历史上赢得了声誉。这个故事是这样的,有一天,贾汉吉尔心爱的王后Noorjahan瞄准了一只鹿进入国王的宫殿公寓,被称为“Aahukhana”。不幸的是,箭击中了一个洗衣工,洗衣工被箭击中而死亡,这是一个无意的行为。洗衣工的妻子按响了审判的金属铃。贾汉吉尔立即回应了正义的呼声,并召集“法里亚迪”听取他的投诉,他将女王从皇家展馆传唤到司法大厅,作为普通的指控。听完后,他根据平等法则宣布了判决——终身监禁。所有坐在正殿里的朝臣都迷惑不解。就连沃什人的妻子也不敢相信,贾汉吉尔会为了正义牺牲自己最心爱的人。他们恳求饶女王一命。就连洗衣工的妻子也渴望得到宽恕。为了满足严格的正义要求,他坚持自己的判决,直到陪审团官员说服他,“古兰经”法律中有让步,如果受害方同意,可以通过“辩诉交易”来实现严格的正义要求。受害者的妻子很高兴地同意了,王后在支付了讨价还价的金额后,被解除了惩罚,让受害者完全满意。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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