The Supreme Court on Wednesday said it was considering issuing nationwide guidelines to set timelines for trial courts to frame charges in criminal cases, in order to prevent delays in proceedings, Bar and Bench reported.

A bench of Justices Aravind Kumar and NV Anjaria observed that such delays are among the primary causes for stagnation in criminal proceedings, Live Law reported.

It also appointed advocate Sidharth Luthra as amicus curiae to assist it in the matter.

The observations came while hearing a bail plea filed by Aman Kumar, who has been in jail since August 2024 as an undertrial in a robbery and attempted murder case, Bar and Bench reported.

The chargesheet in the case was filed in September 2024.

In his petition, Kumar claimed that he had been falsely implicated, adding that the police had based their case on inadmissible statements, Bar and Bench reported.

He also argued that he cannot be kept in indefinite detention as an undertrial prisoner.

Kumar’s bail plea was rejected by a trial court in October 2024. He then moved the Patna High Court, which dismissed his petition in March.

While hearing his appeal, the Supreme Court noted that the trial court had yet to frame charges in the case despite the chargesheet being filed over a year ago, Bar and Bench reported.

“We have noticed, time and again, the charges are not being framed even after months and years after framing of chargesheet,” Live Law quoted the bench as saying. “This is one of the primary reasons for the trial getting delayed. Until and unless it is framed, trial will not commence.”

Such a state of affairs cannot continue, the court said, adding that charges should be framed as soon as the police file the chargesheet or final investigation report.

The bench observed that this situation appeared to be prevalent in most courts across the country.

“We are of the considered opinion that certain directions need to be issued pan India in this regard,” it added.

The Supreme Court also directed that the case papers be sent to the attorney general for his inputs on framing timelines across the country, Bar and Bench reported.

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