The Supreme Court of India is considering establishing nationwide guidelines to address the significant delays in framing charges in criminal cases. This issue contributes heavily to the backlog of cases within the judicial system. The court expressed its concern on Wednesday, noting that charges are frequently not framed for months or even years after the chargesheets have been filed.

A bench comprising Justice Aravind Kumar and Justice NV Anjaria highlighted that Section 251(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates charges to be framed within 60 days of the first hearing in cases exclusively triable by a court of sessions. Despite this clear directive, delays persist.

The court observed that the failure to frame charges promptly is a primary reason for the stagnation of criminal proceedings, preventing trials from commencing. To remedy this, the Supreme Court intends to issue pan-India directions to ensure adherence to the statutory mandate.

To assist the court in this matter, Senior Advocate Siddharth Luthra has been appointed as amicus curiae, alongside the counsel for the State of Bihar. The court has also sought the assistance of Attorney General R Venkataramani and Solicitor General Tushar Mehta. Senior Advocate S Nagamuthu will also serve as amicus curiae.

The issue arose during the hearing of a bail plea where the petitioner had been in custody for over a year without charges being framed. Justice Kumar questioned the consistent delays in both civil and criminal matters, asking, "Why take years and years to frame charges?". He further stated, "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".

The State of Bihar's counsel supported the need for guidelines, noting the frequent delays between filing a chargesheet and framing charges. The Counsel for Maharashtra also brought up an order passed by Justice Sanjay Karol's bench, which expressed concern about the 649 cases in Maharashtra where charges have not been framed.

The Supreme Court has acknowledged the need for guidance to ensure that charges are framed in a timely manner, aligning with the provisions of Section 251(b) of the BNSS. The court intends to provide direction for all pending matters, drawing from the BNSS provision. The case will be relisted in two weeks.