Evaluate the role of plea bargaining, summary trials and mediation under the new criminal laws in reducing criminal case backlogs.

Over 5.8 crore cases are pending in Indian courts, most of them in district and subordinate courts [1]. About 72.6% of prisoners in 2024 were undertrials [2]. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, offers three fast lanes to cut this backlog. How much they help depends on whether courts actually use them, not just on the text of the law.

Strengths: how the tools can cut backlog

• Summary trial made mandatory: for petty offences such as theft, the BNSS changes "may" to "shall" [3]. Small cases skip the full trial process.
• Plea bargaining with a deadline: the accused must apply within 30 days of framing of charges [4]. This pushes cases towards early disposal instead of long trials.
• Mediation-assisted settlement: private disputes over compoundable offences (minor hurt, family quarrels) can be settled without a verdict. The Law Ministry's 100 hotspot districts mission lists it as a tool [1].
• Human dividend: petty cases end faster, so poor undertrials spend less time in jail.

Weaknesses: why the impact stays limited

• Narrow scope: plea bargaining covers only sentence bargaining. It is barred for offences punishable with death, life imprisonment or more than seven years [4]. The serious cases that clog sessions courts stay outside it.
• Short window: PRS notes that the 30-day limit may reduce how often plea bargaining is used [4]. An accused who has not yet met a legal-aid lawyer can miss it.
• Weak legal footing for mediation: the BNSS has no separate mediation procedure. Non-compoundable offences cannot be settled.
• Adjournment culture untouched: the Law Commission (2015) called adjournments sought by parties the main cause of delay. It noted that fees paid per hearing give lawyers a reason to drag cases out [5].
• Risk of coercion: an undertrial held for a long time may plead guilty just to get out. This threatens the right to a fair trial under Article 21.

Verdict These tools can clear the petty-offence end of the docket. They do not touch serious cases or adjournment practice. Their role is useful but supplementary, not decisive.

Overall, the BNSS has given courts tools to dispose of cases faster, but courts still need to use them. Legal-aid counselling before charges are framed, district-wise monitoring of how often each tool is used, and limits on adjournments would turn these tools into real disposals. That would bring closer the speedy trial guaranteed under Article 21.