Supreme Court Flags Delay In Framing Of Charges, Mulls Pan-India Guidelines

Last Updated:October 29, 2025, 13:42 IST

During the hearing of a criminal case, the bench questioned why it takes years to frame charges despite the filing of a chargesheet.

The court noted that in many instances, charges remain unframed even months or years after the filing of a chargesheet.

The Supreme Court on Wednesday expressed concern over the delay in framing of charges in criminal trials across the country, noting that such delays are one of the primary reasons for the stagnation in criminal proceedings.

A bench comprising Justice Aravind Kumar and Justice N V Anjaria cited Section 251(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates that in cases exclusively triable by a court of sessions, charges must be framed within 60 days of the first hearing.

“We are of the considered opinion that certain directions need to be issued pan-India," the bench observed, appointing Senior Advocate Siddharth Luthra as amicus curiae along with State of Bihar’s counsel in the matter.

During the hearing of a criminal case, the bench questioned why it takes years to frame charges despite the filing of a chargesheet. “We want to know what the difficulties are, or we will issue directions for all courts across the country. We propose to do it," the bench said, as reported by LiveLaw.

The top court noted that in many instances, charges remain unframed even months or years after the filing of a chargesheet. “Until and unless it is framed, trial will not commence. As such, this situation seems to be prevalent in most of the courts," the bench remarked.

Supporting the need for clear directions, Bihar’s counsel said there is often a substantial delay between the filing of a chargesheet and the framing of charges. Maharashtra’s counsel also referred to an earlier order by Justice Sanjay Karol’s bench, which had highlighted the “shocking state of affairs" in Maharashtra, where charges had not been framed in 649 cases.

The apex court also sought the assistance of the Attorney General for India, Solicitor General Tushar Mehta, and Senior Advocate S. Nagamuthu in the matter.

Saurabh Verma

Saurabh Verma covers general, national and international day-to-day news for News18.com as a Senior Sub-editor. He keenly observes politics. You can follow him on Twitter --twitter.com/saurabhkverma19

Saurabh Verma covers general, national and international day-to-day news for News18.com as a Senior Sub-editor. He keenly observes politics. You can follow him on Twitter --twitter.com/saurabhkverma19

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