New Delhi: The Supreme Court has decided to investigate why trial courts across India are taking years to frame charges, one of the first steps in criminal trials. A Bench of Justices Aravind Kumar and N.V. Anjaria expressed concern over what it described as a chronic and nationwide issue where charges remain unframed despite the filing of chargesheets months or even years earlier.
Justice Kumar said the court viewed the persistent delay in framing charges as a key cause of the rising backlog of criminal cases. He pointed out that Section 251(1)(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) requires charges in sessions cases to be framed within 60 days, yet the rule is frequently ignored.
“We are of the considered opinion that certain directions need to be issued pan-India. We want to know what the difficulties are,” Justice Kumar remarked, adding that the court would soon issue directions applicable to all trial courts.
The Bench asked the Attorney General and Solicitor General to assist in the matter and appointed senior advocates Siddharth Luthra and S. Nagamuthu as amici curiae to examine systemic issues behind the delays.
The remarks came while hearing a bail plea by Aman Kumar, who has been in jail since August 2024 for allegedly attempting to steal petrol and shooting the truck owner who resisted. Despite the chargesheet being filed in September 2024, the trial court has yet to frame charges.
The Supreme Court will take up the matter again in two weeks.
