Delay in framing charges even after filing of chargesheet : Pan India directions for Trial Courts

Supreme Court Intervenes to Expedite Trial Process Nationwide. Delay in Framing Charges Prompts Directions for Timely Judicial Procedures

In a landmark decision aimed at addressing the widespread issue of delayed trials, the Supreme Court of India has proposed directions to expedite the trial process across the country. The judgment, delivered by Justices Aravind Kumar and N.V. Anjaria, arose from a petition filed by Aman Kumar, who has been in custody since August 2024, accused under various sections of the Bharatiya Nyaya Sanhita, 2023, and the Arms Act.

Despite the chargesheet being filed over a year ago, charges have yet to be framed, a delay that is symptomatic of a broader issue affecting the judicial system. This delay contravenes Section 251 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which mandates the framing of charges within sixty days of the first hearing in cases exclusively triable by Sessions Court.

The court observed that the failure to adhere to this timeline is a significant factor contributing to protracted trials, as progress cannot be made until charges are formally framed. The judges noted that this issue is prevalent in courts nationwide, leading to unnecessary postponements and extended periods of judicial custody for accused individuals.

In response, the Supreme Court has sought the assistance of senior counsels, Mr. Sidharth Luthra and Mr. Nagamuthu, as Amicus Curiae to help formulate directions that could be implemented PAN India. The court also extended an invitation to the Attorney General and Solicitor General of India to offer their expertise in crafting these directions.

This proactive approach by the Supreme Court underscores its commitment to ensuring justice is delivered efficiently and underscores the need for judicial reforms to prevent delays that undermine the legal process. The court has scheduled a follow-up hearing in two weeks to further discuss and finalize these directions, marking a pivotal step towards improving the speed and efficacy of the judicial system.

Bottom Line:

Delay in framing charges even after filing of chargesheet leads to postponement of trial - Directions proposed to address the issue PAN India for expediting the trial process.

Statutory provision(s): Sections 309(5), 109(1), 103, 3(5) of Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act, Section 251 of Bharatiya Nagarik Suraksha Sanhita, 2023

Aman Kumar v. State of Bihar, (SC) : Law Finder Doc Id # 2801920