NEW DELHI: The Supreme Court on Wednesday hinted at issuing pan India guidelines, while expressing displeasure over prolonged delays in the framing of charges.
The court said that in many cases it takes three to four years merely to draft issues and once a chargesheet is filed, the charge must be framed promptly.
A bench of Justices Aravind Kumar and N V Anjaria pointed out that such delays are widespread across the country and under the Bharatiya Nagarik Suraksha Sanhita (BNSS), charges are to be framed within 60 days of the first hearing.
Highlighting the need for uniform judicial practice, the court proposed to issue pan-India guidelines to ensure timely framing of charges. The court said delays are among the primary causes for stagnation in criminal proceedings.
The court felt that certain directions need to be issued pan-India to ensure adherence to the statutory mandate.
It requested senior advocate Siddharth Luthra to assist it as amicus curiae in the matter, alongside the Bihar government counsel.
The bench also sought the assistance of the Attorney General and Solicitor Deneral, as it proposed to consider issuing nationwide directions to address the systemic delay.
The court was hearing a criminal matter in which petitioner's counsel raised the issue of non-framing of charges despite the accused being in custody for two years.
The bench asked why there are consistent delays in both civil and criminal matters.
"Across the country we notice that three years and four years charges are not being framed. Section 251 (b) contemplates when 60 days of first hearing…for example one in which we ordered notice there are three accused.... Chargesheet filed in 2023, charge not framed in 2025. All the accused are inside," the bench noted.
The court was informed that in Bharatiya Nagarik Suraksha Sanhita (BNSS) time scheduled is fixed. “We want some guidance…in all pending matters,” the bench said.
Section 251(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) stated that charges in cases exclusively triable by a court of sessions, charge must be framed within 60 days of the first hearing.
A bail application was filed by one Aman Kumar, who has been in jail since August 2024 as an undertrial in a case of robbery and attempt to murder.
The police filed its chargesheet in the case in September 2024.
The petitioner claimed that he was falsely implicated in the case and the police implicated him based on inadmissible statements.
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