The Supreme Court of India has expressed serious concern over delays in framing charges in criminal trials and is set to issue nationwide guidelines to ensure strict compliance with the 60-day mandate under the BNSS.
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NEW DELHI: The Supreme Court of India on Wednesday expressed deep concern over the prolonged delays in framing charges in criminal trials across the country, calling such lapses one of the “major causes of stagnation” in the criminal justice system.
A Bench comprising Justice Aravind Kumar and Justice N.V. Anjaria observed that despite the explicit mandate under Section 251(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which requires that charges in cases triable by a sessions court be framed within 60 days of the first hearing, the provision is not being followed “in letter or in spirit.”
Supreme Court’s Observation
The Bench was hearing a case where the accused had been in custody for nearly two years, yet charges had not been framed. Expressing strong displeasure, Justice Aravind Kumar remarked:
“Why take years and years to frame charges? In civil cases, it is non-framing of issues; in criminal cases, non-framing of charges. We want to know what the difficulty is, or we will issue directions for all courts across the country.”
The Supreme Court noted that such procedural delays are not confined to one state but are a nationwide issue that hampers speedy justice.
Counsel representing Maharashtra and Bihar acknowledged that the delay in framing charges is a common issue across jurisdictions. The Maharashtra counsel even cited an earlier order by Justice Sanjay Karol, which had described the “shocking state of affairs” where charges had not been framed in 649 cases within the state.
The Bench, however, made it clear that it would not wait for district-level reports.
“We will issue directions pan-India,” the Court asserted, indicating that nationwide procedural guidelines would soon be framed to ensure timely compliance with the BNSS.
Recognizing the systemic nature of the problem, the Supreme Court appointed Senior Advocate Siddharth Luthra as amicus curiae to assist the Bench, along with counsel for the State of Bihar. A copy of the petition and the Court’s order has been directed to be furnished to the Attorney General for India, seeking his assistance in formulating comprehensive directions for all trial courts.
The Court observed:
“The petitioner, accused under Sections 309(5), 109(1), 103, 105 of the BNSS and Section 27 of the Arms Act, has been in custody since August 10, 2024 — for nearly a year — yet charges have not been framed. The matter reflects a larger pattern of systemic delay.”
The Bench indicated that it intends to issue clear procedural directions for all trial courts across India to ensure adherence to the statutory timelines mandated by the BNSS.
The matter will be taken up again after two weeks for further hearing.
Case Title:
Aman Kumar v. State of Bihar
