The Supreme Court on Wednesday expressed concern over the persistent delays in framing charges during criminal trials throughout the country, identifying these hold-ups as a major contributor to the sluggish pace of the justice system.
The Court indicated that a uniform approach might be necessary and is considering the issuance of nationwide guidelines. These guidelines would ensure that trial courts strictly adhere to the statutory timelines established under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Justices Aravind Kumar and NV Anjaria highlighted that Section 251(b) of the BNSS mandates the framing of charges within 60 days of the first hearing for cases exclusively triable by a sessions court.
The bench noted, “We have observed repeatedly that charges are not being framed even months and years after the charge sheet is filed. Until charges are framed, the trial cannot commence. This is a primary reason for the delay in trials. The situation appears to be widespread, and we believe directions are needed across India.” The court suggested that this issue might require “pan-India directions.”
To assist in formulating these uniform directions for all trial courts, the Court has appointed senior advocate Sidharth Luthra as amicus curiae. It has also requested the Attorney General, Solicitor General Tushar Mehta, senior advocate S Nagamuthu, and the counsel for the state of Bihar to provide their assistance.
The Court’s consideration of this matter arose while hearing a bail plea. The petitioner, Aman Kumar, has been in custody since August 2024. His charge sheet was filed on September 30, 2024, but charges have yet to be framed, despite him remaining incarcerated for nearly a year. His bail applications had previously been rejected by lower courts.
During the proceedings, Justice Kumar questioned the routine nature of these delays. He remarked, “Why do we take years to frame charges? Whether in civil or criminal cases, there are delays. We need to understand the difficulties, or we will issue directives for all courts nationwide.”
The Court was informed that similar concerns were recently raised in Maharashtra, where a bench identified 649 cases with pending charge framing. The Supreme Court expressed its unwillingness to wait for further data collection, stating, “We will not wait for information from district courts. We will issue directions pan-India… trials cannot be delayed. Charges must be framed promptly after the charge sheet is filed. Pan-India guidelines must be established.”
The matter has been relisted for a hearing in two weeks, during which the Court intends to clarify the legal principles required for the uniform implementation and compliance of these guidelines.