The Supreme Court of India has taken a decisive step to tackle systemic delays in criminal trials by appointing senior advocate Sidharth Luthra as amicus curiae to examine the growing problem of delayed framing of charges under the Bharatiya Nagarik Suraksha Sanhita (BNSS). This intervention highlights the judiciary’s concern that procedural backlogs are seriously hampering the right to a fair and speedy trial and contributing to mounting pendency in criminal courts.

Delays in Framing Charges: A Major Issue

Under Section 251(b) of the BNSS, courts are required to frame charges in cases triable by a Sessions Court within 60 days of the first hearing on the charge. Yet, trial courts across India have routinely failed to meet this timeline, often taking several months or even years after a chargesheet is filed before the formal charges are framed. These delays prevent trials from beginning, leaving both accused individuals and victims in prolonged legal uncertainty.

During recent hearings, the Supreme Court noted that such delays were widespread and not isolated to a few jurisdictions. In some cases, trial courts have taken three to four years to frame charges even after a chargesheet has been filed — a situation the Court described as defeating the purpose of the statutory timeline.

Role of the Amicus Curiae

To address this systemic problem, the Court appointed sidharth luthra cases and another senior advocate as amici curiae. An amicus curiae, or “friend of the court,” provides independent legal insight to assist the judiciary in understanding the root causes of procedural failures and recommends practical solutions. Luthra’s role is to help the Court identify why delays in framing charges occur and suggest reforms that can guide trial courts nationwide. 

This move reflects the Court’s intent to go beyond individual bail pleas or case-specific interventions. Instead, the focus is on crafting nationwide guidelines that ensure uniform compliance with the BNSS charge-framing requirement, helping eliminate inertia and procedural bottlenecks in criminal trials.

Towards Nationwide Guidelines

The Supreme Court has expressed its intention to issue pan-India guidelines that trial courts must follow to adhere to the statutory 60-day mandate under BNSS. These expected directives may include clear timelines for trial courts, mechanisms for data collection on pending cases, and improved case management practices to monitor compliance across jurisdictions. The bench has also sought assistance from the Attorney General and Solicitor General to help formulate these guidelines.

Additionally, the Court directed High Courts to provide information on pending matters where charges have not been framed despite the filing of charge sheets. This data-driven approach aims to shed light on patterns of non-compliance and enable targeted reforms.

Impact on Justice Delivery

Delays in framing charges have serious consequences. When formal charges are not filed promptly:

• Trials cannot proceed, leaving accused persons in prolonged custody without a legal trial.
  
• Victims and witnesses face prolonged delays, and evidence risks becoming stale.
  
• Court backlogs swell, slowing down the entire justice delivery system.
  

By addressing these delays, the Supreme Court hopes to accelerate the pace of criminal trials and ensure that statutory timelines are not merely aspirational but actively enforced.

Conclusion

The appointment of Sidharth Luthra as amicus curiae marks an important judicial effort to reform procedural delays that have long plagued India’s criminal justice system. With the prospect of nationwide guidelines and enhanced oversight, the Supreme Court is pushing for a more efficient, fair, and timely trial process. Effective implementation of these reforms could be a turning point in reducing unnecessary delays and strengthening the rule of law in the country.