Alternative Dispute Resolution in Criminal Cases: Challenges and Possibilities in Pakistani Legal framework

Abstract

The present study had two objectives; to analyze the challenges in introducing Alternative Dispute Resolution (hereinafter ADR) in criminal matters and to explore the possibilities of disposing of the criminal cases through ADR. After deploying doctrinal research methodology, the present study found that the poor quality of decision-making, non-protection of the public rights, hinderance in development of law, disregarding the victim, advantageous position of the prosecution, compromising the constitutional rights of accused, lack of well defied rule for ADR and the difference in procedure are the major challenges for alternative dispute resolution in criminal matters. The study also found that criminal cases may be disposed of through ADR in case of private complaint, first-time offender, simple imprisonment, petty offences, or by introducing special law and courts, or where compounding or compromising of offences is legally allowed. The study further found that the ADR in criminal cases has been and is practiced by way of mediation and plea bargaining. The study recommends that the legislature should introduce appropriate and apposite amendments to accommodate the ADR in criminal justice system of Pakistan.