Short answer: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) introduced specific timelines at several stages of a criminal case, from updating the informant on investigation progress to delivering judgment. These timelines, together with the constitutional right to a speedy trial under Article 21, give you lawful ways to ask the court to move a case forward. They do not automatically end a case if missed, but they matter.
The right to a speedy trial
The Supreme Court has long recognised that a speedy trial is part of the right to life and personal liberty under Article 21, beginning with Hussainara Khatoon v. Home Secretary, State of Bihar (1979), which concerned undertrials detained for years. The right belongs equally to the accused and the victim. Delay can be raised in bail applications, in applications to the trial court, and, where serious, before the High Court.
Key BNSS timelines
- Progress of investigation: Section 193(3)(ii) requires the police to inform the informant or victim of the progress of investigation within 90 days.
- Default bail: if the chargesheet is not filed within 60 or 90 days, depending on the offence, an arrested person becomes entitled to default bail under Section 187(3).
- Further investigation: under Section 193(9), further investigation during trial is to be completed within 90 days, extendable only with the court’s permission.
- Supply of documents: Section 230 requires the Magistrate to supply copies of the police report and documents to the accused free of cost within 14 days of appearance or production.
- Discharge: an application for discharge may be filed within 60 days of committal in sessions cases (Section 250) and within 60 days of supply of documents in warrant cases (Section 262).
- Charge: in sessions cases, Section 251 requires charges to be framed within 60 days from the first hearing on charge.
- Judgment: Section 258 requires judgment within 30 days of completion of arguments, extendable to 45 days for reasons recorded.
- Adjournments: Section 346 requires proceedings to continue day to day as far as possible, permits adjournments only for recorded reasons, and limits the adjournments a party may obtain.
- Undertrial release: Section 479 provides for release of an undertrial who has served one-third of the maximum sentence (first-time offenders) or half (others), except in offences punishable with death or life imprisonment.
What to do, in order
- Keep a simple record of dates: FIR, arrest, chargesheet, first appearance, supply of documents, each hearing and what happened.
- If documents are not supplied within 14 days, ask your advocate to apply under Section 230.
- Calendar the 60-day window for a discharge application, where grounds exist.
- Track adjournments and who sought them. Our article on criminal trial delay and adjournments explains how they are recorded.
- Where witnesses repeatedly fail to appear, your advocate can request coercive steps for their attendance or ask the court to close prosecution evidence after due opportunity.
- If delay is prolonged and not attributable to you, it can support a bail application or Section 479 release, and in serious cases a petition to the High Court seeking a direction for expeditious trial.
Your rights and common mistakes
Timelines work both ways. If you seek frequent adjournments yourself, you weaken any later complaint about delay. Do not miss hearings, change advocates without notice, or delay filing replies. Missing a statutory window, such as the 60-day period for discharge, can also limit your options. On the other hand, a missed timeline by the prosecution does not by itself lead to acquittal; it is a ground to seek relief, which the court considers on the facts.
Common questions
Will my case be closed if the police miss the 90-day update?
No. The 90-day requirement is about informing the informant or victim of progress. It does not by itself close the case, but it can be raised if investigation is stalled.
Can I ask the High Court to fix a deadline for my trial?
Yes, in an appropriate case. High Courts can direct trial courts to conclude trials within a period, particularly where the accused is in custody.
Does default bail apply if I was never arrested?
Default bail applies to persons in custody. If you were not arrested, other remedies, such as seeking expedition, may be relevant.
When to speak to an advocate
Speak to an advocate when the chargesheet is filed, so the timelines for documents, discharge and charge can be planned, and whenever a case appears to have stalled for several months.
Sources: Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code).
For a confidential discussion about delay in your investigation or trial, see Criminal Lawyer, Surajpur Court, Greater Noida.
General legal information only; not legal advice or solicitation.
