The Supreme Court of India has taken a significant step to address rampant delays in criminal trials by appointing senior advocate Sidharth Luthra as amicus curiae to examine serious lapses in the framing of charges under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court’s proactive intervention reflects growing judicial concern that procedural inertia is undermining the right to a fair and speedy trial — a cornerstone of justice in a democratic society.

Why the Issue Matters

Under Section 251(b) of the BNSS, courts are required to frame charges in cases exclusively triable by a Sessions Court within 60 days of the first hearing on charges. However, in practice, many trial courts have repeatedly failed to adhere to this statutory timeline, leading to delays spanning months or even several years after the filing of chargesheets.

The Supreme Court observed that such prolonged inaction defeats the very purpose of the legislation, contributes to increasing case pendency, and results in unnecessary hardship for both accused persons and victims alike. In one cited instance, an accused remained in custody for nearly two years without formal charges ever being framed — a situation that clearly raises fundamental rights concerns.

Role of the Amicus Curiae

To properly diagnose and propose solutions for this systemic problem, the Supreme Court appointed sidharth luthra case as amicus curiae — a legal expert tasked with assisting the court by providing impartial insights and recommendations. Luthra’s role involves gathering accurate data from judicial registries, examining patterns of delay across different jurisdictions, and exploring why courts are unable to comply with BNSS timelines in practice.

Unlike routine case filings, this initiative is aimed at structural reform rather than case-specific relief. By placing an experienced legal mind at the center of the inquiry, the Supreme Court intends to avoid superficial fixes and focus on long-lasting improvements that will benefit the entire criminal justice system.

What the Supreme Court Is Considering

The bench, which has expressed deep concern over the delays, is now actively considering issuing nationwide guidelines to ensure uniform compliance with BNSS timelines. These guidelines could include directives on efficient case management, clearer procedures for framing charges, and better coordination between courts, prosecution, and investigating agencies.

Data collection is already underway, with the court directing High Courts to compile information from district and sessions courts on pending matters where charges have not been framed despite chargesheets being filed. This empirical approach seeks to identify specific bottlenecks and make recommendations based on verified evidence rather than anecdotal accounts.

Implications for Justice Delivery

Delays in framing charges have a ripple effect throughout the criminal justice system. When charges are not framed promptly:

Trials cannot begin, slowing down dispute resolution and prolonging detention for undertrials.
Victims wait longer for justice, often with evidence and witness availability deteriorating over time.
Case backlogs grow, contributing to an overloaded judiciary.

The apex court’s intervention aims to reverse these trends by realigning practice with statutory intent. If successful, this reform could mark a major step toward more efficient criminal trials and greater public confidence in the legal system.

Conclusion

The Supreme Court’s appointment of Sidharth Luthra as amicus curiae signals a shift from reactive case-by-case judicial responses to a more systemic and data-driven reform strategy. By addressing the root causes of charge-framing delays under the BNSS and considering nationwide procedural guidelines, the Court is advancing a more effective and equitable criminal justice framework for the future.

Supreme Court Appoints Amicus Curiae to Fix Trial Delays

Amicus Curiae to Fix Trial Delays