Timelines in Criminal Procedure**

Mandatory Timeframes for Investigation

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) places a significant emphasis on expediting the criminal justice process by introducing or reinforcing timelines for various stages, including investigation.

Completion of Investigation (Section 173(5) BNSS)

• General Mandate: Section 173 BNSS deals with the completion of investigation and the submission of the police report. While it mandates the officer in charge of a police station to proceed to investigate, and forward a report to the Magistrate once the investigation is completed, it does not prescribe a strict, overarching deadline for the completion of the entire investigation for all cases.

• Implicit Timelines: However, the spirit of the law and the overall objective of speedy trial imply that investigations should be conducted diligently and without undue delay.

• Bail Provisions as Drivers: The time limits for granting default bail (90 days for serious offences, 60 days for others, under Section 490 BNSS) serve as indirect but strong motivators for police to complete investigations promptly.

• Specific Cases: BNSS does highlight timeliness in specific types of investigations, such as those involving rape or sexual assault (Section 173(1)(b) BNSS), where the victim's statement must be recorded as soon as possible.

Timelines for Filing Chargesheet

The filing of the chargesheet (police report) is a critical milestone that signifies the completion of the investigation and the commencement of the trial phase. The BNSS, through its bail provisions, sets crucial deadlines for this.

• Default Bail Provisions: Section 490 BNSS (corresponding to Section 167(2) CrPC) is pivotal here:

  • If the investigation is not completed within a period of ninety days from the date on which the accused was first produced before a Magistrate in connection with such offence, where the offence is punishable with death, imprisonment for life or imprisonment for a term not less than ten years.

  • Or within a period of sixty days for any other offence.

  The accused shall be released on bail if he is prepared to and does furnish the bail, and the sureties required, on the expiry of the said period. This provision acts as a strong incentive for the police to file the chargesheet within these periods.

• Purpose: These timelines prevent the accused from being indefinitely detained without trial and ensure that investigations are brought to a conclusive stage promptly.

Timelines for Trial Proceedings

The BNSS aims to expedite the trial process itself, moving away from the notorious delays that have plagued the Indian criminal justice system.

Conclusion of Trial (Section 353 BNSS)

• Judgment Delivery: Section 353 BNSS (likely corresponding to Section 353 CrPC) mandates that the judgment shall be pronounced in open court. While Section 258 BNSS specifies timelines for conclusion of trials in general, and judgment delivery in particular.

• Section 258 BNSS: This section is particularly important for trial timelines. It stipulates that the trial shall be concluded as far as possible, within a period of thirty days from the date of first hearing. If the trial cannot be concluded within such period, the court shall record the reasons for the adjournment and may impose costs on the parties for causing adjournment. Further, the judgment shall be delivered not later than forty-five days from the date of conclusion of arguments.

• Purpose: The explicit timelines for conclusion and judgment delivery are designed to ensure that trials do not linger for years, thereby providing timely justice to victims and accused alike.

Penalties for Delay

The BNSS introduces provisions that penalize delays, both by the police and the courts, to enforce accountability.

• Costs for Adjournment: As mentioned in Section 258 BNSS, courts can impose costs on parties causing unnecessary adjournments during trials.

• Consequences for Police: While there are no direct penal sections for police causing delays in investigation (beyond the implicit consequence of default bail), continued and willful delay can lead to departmental inquiries or judicial strictures.

• Judicial Scrutiny: Courts, including the High Courts and Supreme Court, can intervene and impose directions or penalties if there is persistent and unjustified delay by investigating agencies or courts.

Provisions for Speedy Trial

Beyond specific timelines, the BNSS incorporates several provisions aimed at ensuring a speedy trial.

• Trial Without Committal: Section 211 BNSS streamlines the process by removing the separate committal proceedings for cases triable by the Court of Session.

• Use of Technology: The extensive use of audio-video electronic means for recording statements and conducting proceedings (Sections 173, 263 BNSS) can also contribute to speedy trials by reducing logistical challenges.

• Summary Trials: Continued emphasis on summary trials for petty offences (Sections 250-255 BNSS) allows for quick disposal of less serious matters.

• Victim's Right to be Heard: Giving victims the right to be heard at crucial stages can also push for timely progress in cases.

• Focus on Justice: The overarching aim of all these provisions is to deliver justice efficiently, reducing the agony of prolonged legal battles for all stakeholders.