12971

Page 1 of 6

Journal for Studies in Management and Planning

Available at

http://edupediapublications.org/journals/index.php/JSMaP/

ISSN: 2395-0463

Volume 03 Issue 13

December 2017

Available online: http://edupediapublications.org/journals/index.php/JSMaP/ P a g e | 476

Law Relating To Speedy Trial in India

Divya Shukla

774-A, Near Hanuman Mandir Bichhiya Colony, Gorakhpur, Pin 273014

Research Scholar- Faculty of Law, University of Allahabad

“Indian citizens are forced to end

their lives either by retaliatory attacks

or by sudden deaths of stress related

diseases thank to the diluted justice

delivery system in India”

-Advocate S. Jeevangan1

In the interest of the society and the

victims of heinous crimes speedy,

expeditious investigation and prosecution

is the need of hour. In ordinate delays in

investigation and prosecution of criminal

cases of the diabolical nature and the trial

of such cases is a stigma on Indian society

and justice system. This eventuates in

frustrating and defeating the provisions of

penal law and societal interest. The delay

caused in the dispensation of justice is

beyond fathom. In this way the very pillars

of criminal justice and faith of people

therein is eroded. In the interest of the

society and Justice . It is expedient that the

crimes of grave nature be adjudicate upon

and concluded within reasonable time.

That apart the right to speedy trial is a

fundamental right of the accused. There is

frustration if delay is caused at every stage

and the process of Justice does not occur in

the normal course. In Babu Singh v. State

of Uttar Pradesh2

Justice V.R. Krishna

Iyer, observed, "our justice system even in

grave cases, suffers from slow motion

syndrome which is lethal to 'fair trial

'whatever the ultimate decision. Speedy

justice is a component of social justice

since the community, as a whole, is

concerned in the criminal being condignly

www.jeevaganadvocate.com

AIR 1978 SC 527

and finally punished within a reasonable

time and the innocent being absolved from

the inordinate ordeal of criminal

proceedings" What else can be more

deplorable that in many cases deliberate

attempts are made to subvert the ends of

justice. In Srinivas Gopal v. State of

Arunachal Pradesh3

, the court quashed

the proceedings against the appellant on

the ground of delay in investigation and

commencement of trial. In this case,

investigation commenced in November,

1976 and the case was registered on

completion of the investigation in

September, 1977. Cognizance was taken

by the court in March, 1986. These facts

were held sufficient to quash the

proceedings particularly when the offence

charged was a minor one namely, Section

304A read with 338 of the Indian Penal

Code.

In many cases, it has come to pass that

witnesses are pressurised and the facts are

eclipsed. Oral evidence is a vital part and it

is so significant but it has been observed

that it takes a devious or distorted course.

Hostile witness and even witnesses with

blurred memories become a common

occurrence and in cases where oral

evidence is of great reliance, the system

suffers. It is a matter of sheer concern that

lack of expertise and unrelenting afford in

investigation and want of scientific

methods is highly responsible for poor rate

of conviction and in many case results in

arraigning innocent person.

AIR 1988 SC 1729

Page 2 of 6

Journal for Studies in Management and Planning

Available at

http://edupediapublications.org/journals/index.php/JSMaP/

ISSN: 2395-0463

Volume 03 Issue 13

December 2017

Available online: http://edupediapublications.org/journals/index.php/JSMaP/ P a g e | 477

In Kartar Singh vs. State of Punjab4

, the

court has observed that the concept of

speedy trial is read into Article 21 as an

essential part of the Fundamental Right to

Life and Liberty guaranteed and preserved

in our Constitution , This right to speedy

trial begins with the actual restraint

imposed by arrest and consequent

incarceration and continues at all stages,

namely, the stage of investigation,

enquiry, trial, appeal and revision so that

any possible prejudice that may result from

impermissible and avoidable delay from

the time of the commission of the offence

till it consummates into a finality, can

averred.

Even in Bhuwneshwar Singh v. Union

Of India5

, the Apex Court observed that

the basic object of trial is to dispose the

court-martial cases expeditiously and

minimize or scuttle the period of pre-trial

detention. it is a disgrace that the persons

charged is deprived of his freedom for he

is accused of an offence trial able by the

court-martial. Even in martial-courts, it is

not only desirable but also necessary that

the authorities under the Army Act,

comply with the natural requirements of

natural-Justice. They cannot frustrate the

object of speedy trial.

There are some data has been given which

touched the general scenario of criminal

Justice in the country with special

reference to the cases pending in the

District and Subordinate (D&S) courts:-

According to a report, the total number of

criminal cases pending before D&S Courts

is about1.90 crore (190 lakh) cases, about

821⁄4 lakhs civil cases are pending. That

means, the number of criminal cases is

about 2 1⁄2 times more than civil cases. The

largest number of criminal cases are from

(1994) 3 SCC 569 ,683

(1993) 4 SCC 327: 1994 SCC (Cri) 1.

Report 239 Law Commission of India Submitted

to the Supreme Court W P (C) NO. 341/2004

Virender Kumar Ohri v. Union of India & Others

the States of UP, Maharashtra, West

Bengal, Gujarat, Bihar, Rajasthan and

Odisha. In 12 States, out of which there are

eight major States, the disposals are less

than the institutions. However, on the

whole, the institutions and disposals are

almost matching in the year 2010. Out of

the pending criminal cases, about 25% of

the cases are pending for five years and

Page 3 of 6

Journal for Studies in Management and Planning

Available at

http://edupediapublications.org/journals/index.php/JSMaP/

ISSN: 2395-0463

Volume 03 Issue 13

December 2017

Available online: http://edupediapublications.org/journals/index.php/JSMaP/ P a g e | 478

whom 891 persons were convicted. Hence,

the conviction rate vis-à-vis persons

accused under PoCA in2009 is 26.4%.

Conviction rate in 2010 for violent crimes

such as attempt to commit murder, rape,

riots etc., is 27.7%. Conviction rate for

crimes against women (IPC and SLL

cases) for 2010 is 27.8%.8 Conviction rate

for all cognizable cases under IPC is

40.7%.

In the State of Jharkhand (which needs

special mention as specific reference has

been made to that State in this W.P.),

about 2.41 lakh criminal cases are pending.

The total pendency of Civil and Crl. Cases

in that State is about 2.93 lakh. Out of the

Criminal cases, 60,500 including sessions

cases are more than five years old. There

were as many as 192 vacancies in District

& Subordinate Judiciary in the State of

Jharkhand as on 31ST December, 2010.

Year to year, the trend of increase in

pendency of criminal cases including old

cases is noticed except in a few States.

The total number of Jails (up to 2009) is

1374 and the total capacity of all jails in

India is 3,07,052. However, the total

number of inmates as on 31.12.2009 are

3,76,969. This shows that the number of

jail inmates far exceeds the capacity of the

jails in India. Out of them, 2,50,204

inmates representing 66.4% of the jail

population are under trial prisoners.

Among them, the highest percentage

(20%) of under trials were charged with

murder.2422 (1%) under trials were

detained in jails for more than 5 years at

the end of the year 2009.

Causes for delay:-

As a matter of fact judiciary is not

responsible wholly in the delay. Without

appreciating the real causes of the delay, it

is not apposite to whole the judiciary

responsible. In most of the cases where

judiciary has no control over the delay and

certain factors other than it are behind such

delay, it becomes tight-lipped and does not

communicate to the public. However, there

ought to be certain remedial measures that

the judiciary must recourse to. There is

direct or indirect bearing the prosecution

and there have been cases where the trial is

related to influential persons.

The cause for delay before the matter

reaches the trial court:-

1. It has been quite often observed that the

police personnel have apathy in registering

the FIR. The investigation is adversely

affected, despite the provisions of the

police manuals accentuating the heed for

speedy and prompt investigation. In Raj

Deo Sharma v. State of Bihar 7

the right

to speedy trial flows from Article 21 and

encompasses the stages right from the date

of registration of the F.I.R. and onwards.

Where the trial has been stayed by orders

of the court or by operation of law, the

period of such stay shall be excluded from

the said period by closing the prosecution

evidence.

2. Sometimes the matter is related to

influential persons and at times the police

becomes reluctant to proceed with the

investigation. In is sheer lackadaisical

attitude of the police.

3. At times, there is the situation of police

stations being understaffed. Move over,

corruptions and lack of interest and

motivation is one of the great causes of

such attitude. Then the F.I.R. is not

registered within the reasonable time or the

investigation goals at a slow pace, here is

no internal mechanism to check this

practice even gazetted officers of the rank

of additional S.Ps do not take care of such

a mal practice. Lack of periodical exercise

AIR 2001 SC 3173

Whoops!
There was a problem loading this page. Retrying...