Publication Details


Dr Jamila A. Chowdhury Nushera Tazrin Darin

Juridical Possibilities of ADR through ‘Plea Bargaining’ of Compoundable Offences Potentials and Perils under the Current Socio-Legal Context of Bangladesh

Constitutional Law Articles

Volume 4 & 5 Issue 1 December 2019 & 2020

Abstract

Research on access to justice in Bangladesh identifies Alternative Dispute Resolution (ADR) as a promising way for speedy disposal of cases. This informal non- adjudicative dispute resolution process enhances access to justice delivered to all particularly for the disadvantaged. While ADR has some commendable successes in extending low-cost fair justice for the disadvantaged, it is not a panacea of all inequities. Further, initiatives of ADR largely deal with the backlog in civil courts, while criminal cases are kept outside the purview of any significant discussion on ADR. Although provision for 'compounding' of offences is available in the Penal Code of Bangladesh, it is limited to victim-offender negotiation and may not have adequate judicial intervention. Hence, as a means of ADR in criminal cases with appropriate judicial intervention, this article aims to establish a positive outlook for juridical possibilities of applying 'plea bargaining' in the socio-legal context of Bangladesh.