Delays in trial: Supreme Court moots pan-India guidelines on timeline to frame charges

The Supreme Court on Wednesday hinted that it may issue pan-India guidelines on the time frame within which trial courts are expected to frame charges in criminal trials so as to prevent delays in trials [Aman Kumar v. State of Bihar].

A Bench of Justices Aravind Kumar and NV Anjaria also appointed Senior Advocate Sidharth Luthra as amicus curiae (friend of court) to assist the Court in the matter.

The Court was dealing with a bail application filed by one Aman Kumar in jail since August 2024 as undertrial in a case of robbery and attempt to murder.

The police filed its chargesheet in the case on September 30, 2024.

In his bail plea, Kumar argued that he was falsely implicated in the case. He added that the police implicated him based on inadmissible statements.

A trial court rejected his bail plea in October 2024, prompting him to approach the Patna High Court, which also dismissed his bail application in March 2025.

He then approached the Supreme Court by way of the present petition.

One of the grounds on which he sought bail was that he cannot be indefinitely jailed as an undertrial prisoner.

During today's hearing of the matter, the top court took critical note of the delay in the framing charges in this case by the trial court.

The Bench remarked that such a state of affairs cannot continue and that charges must be framed as soon as the chargesheet or final investigation report is filed by the police. Therefore, the Court proposed to issue pan India guidelines on this issue.

"What is this? We see three to four years taken to draft issues (charges)? What is this? I was sharing my experience in Gujarat. We know what is the modus operandi. We would not like to share here. But trial cannot be delayed. The moment chargesheet is filed, charge needs to be framed. Some may be discharged that is fine. Pan India guidelines will have to be formed in this regard," the Court said.

The Court also sent the case papers to the Attorney General of India so that he may also give his inputs in the matter.

"Senior Advocate Sidharth Luthra appointed as the amicus. We also permit the papers to be sent to the Attorney General as we propose to pass directions if required to all courts across the country," the Bench said.

Advocate Saumya Dwivedi appeared for Kumar during today's hearing. His bail plea was filed through advocate Somesh Chandra Jha.

Advocate Azmat Hayat Amanullah represented the State of Bihar.