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Supreme Court Moves Toward Nationwide Guidelines on Delays in Framing Criminal Charges

The bench acted after a bail appeal exposed yearlong inaction despite a filed chargesheet.

Overview

  • A bench of Justices Aravind Kumar and N. V. Anjaria said delays in framing charges are widespread and signaled it will issue pan-India directions.
  • The Court appointed Senior Advocates Siddharth Luthra and S. Nagamuthu as amici curiae and sought inputs from Attorney General R. Venkataramani and Solicitor General Tushar Mehta.
  • Citing Section 251(b) of the BNSS, the bench noted sessions cases require charges to be framed within 60 days of the first hearing and linked non-compliance to trial stagnation.
  • The trigger case involves Aman Kumar, in custody since August 2024, where a chargesheet was filed in September 2024 but charges remain unframed after lower courts denied bail.
  • Referring to earlier data from Maharashtra listing at least 649 such cases, the Court indicated it may not wait for district-level reports and will consider issuing immediate nationwide directions, with the matter relisted in two weeks.