Institute of Legal and Management Studies

The Supreme Court on Wednesday expressed grave concern over inordinate delays in the framing of charges in criminal trials, despite the mandate in Section 251(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) that charges in cases exclusively triable by a court of sessions, charge must be framed within 60 days of the first hearing.

Observing that such delays are among the primary causes for stagnation in criminal proceedings, the Bench said it was “of the considered opinion that certain directions need to be issued pan-India” to ensure adherence to the statutory mandate.

The Court requested Senior Advocate Siddharth Luthra to assist it as amicus curiae in the matter, alongside the counsel for the State of Bihar. The Court also sought the assistance of the Attorney General for India, as it proposed to consider issuing nationwide directions to address the systemic delay. Assistance has also been sought from Solicitor General Tushar Mehta and Senior Advocate S Nagamuthu.

A bench comprising Justice Aravind Kumar and Justice NV Anjaria was hearing a criminal matter in which the petitioner's counsel raised the issue of non-framing of charges despite the accused being in custody for two years. On this, Justice Kumar asked why there are consistent delays in both civil and criminal matters. He said: "Why take years and years to frame charges? In civil case, non-framing of the issues and in criminal case, non-framing of charges. We want to know what is the difficulties or we will issue directions for all courts across the country. We propose to do it."

State of Bihar's counsel advocated for some guidelines as he submitted that there is often a substantial delay between the filing of a chargesheet and the framing of charges. Maharashtra Counsel also mentioned an order passed by Justice Sanjay Karol's bench expressing the 'shocking state of affairs' in Maharashtra over the 649 cases where charges have not been framed. He said that directions were passed seeking information from District Courts in this regard. However, Justice Kumar responded that it will not wait for the information from District Courts but simply issue directions pan-India.

The Court passed an order intending to issue guidelines pan-India: "The petitioner, who is an accused for offence punishable 309(5), 109(1), 103, 105 of BNS and 27 of the Arms Act is seeking for grant of regular bail contending that he is innocent and has been falsely implicated. It is also the contention of the learned counsel that the petitioner is in custody since 10.8.2024, and as evidenced from the custody cerfificate that he has been for 11 months, 26 days as on 4.8.2025. Learned counsel has vehemently contended that though chargesheet has been filed and all accused are in judicial custody, yet without any justifiable ground charge has not been framed. Persual of Section 251 BNSS, which governs framing of charges, read thus. Clause b of 251 indicates that where the matter is exclusively triable by the Court, it should frame charges within 60 days of the first hearing on the charge.

We have noticed, time and again, the charges are not being framed even after months and years after framing of chargesheet. This is one of the primary reasons for the trial getting delayed. Until and unless it is framed, trial will not commence. As such, this situation seems to be prevalent in most of the courts and we are of the considered opinion that certain directions need to be issued pan India in this regard.

As such we would request, Senior Advocate Siddharth Luthra to assist the Court as amicus apart from learned stand counseling appearing for State of Bihar. We also permit the petitioner counsel to furnish the copy of the petitioner and the present order to learned Attorney General as we propose to issue directions if required for all courts across the country. Relist after two weeks."

Case Details: AMAN KUMAR Vs THE STATE OF BIHAR|SLP(Crl) No. 8437/2025

Related - 'Shocking State Of Affairs' : Supreme Court Expresses Dismay Over Delayed Trials In Maharashtra Courts