Expediting Proceedings In Criminal Trials

Criminal Trials in India can take a long time to be decided however, there are certain steps that the litigants / lawyers can take to expedite the proceedings / decisions in criminal cases.

Section 309 of Criminal Procedure Code 1973 has been reproduced below:-

“Section 309. Power to postpone or adjourn proceedings

[(1) In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded:

Provided that when the inquiry or trial relates to an offence under section 376, [section 376A, section 376AB, , section 376B, section 376C, section 376D, section 376DA or section DB of the Indian Penal Code (45 of 1860), the inquiry or trial shall] be completed within a period of two months from the date of filing of the charge sheet.] .]

(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody:

Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time:

Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing:

3[Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.]

4[Provided also that—

(a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party;

(b) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment;

(c) where a witness is present in Court but a party or his pleader is not present or the party or his pleader though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be.]

Explanation 1.–If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand.

Explanation 2.–The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused”

From the above it can be seen that section 309(1) of CrPC provides has provisions for a day-to-day trial. The aforesaid section also provides time limit for completing the trial within 2 months from dated of filing of charge sheet for certain offences.

The parties can do the following to expedite criminal trials:-

1. Move an application under section 309(1) of CrPC and and pray for day-to-day trial.

2. If your case pertains to section 376, [section 376A, section 376AB, , section 376B, section 376C, section 376D, section 376DA or section DB of the Indian Penal Code, then the above mentioned application should also have a prayer for completing the trial within 2 months of filing of chargesheet.

3. If the application mentioned in 1 and 2 is not allowed by the Trial Court, then the aggrieved party may file a petition before the respective High Court under Section 482 of CrPC read with Article 226 of the constitution of India praying for directions to the Trail Court to comply with the aforesaid provisions.

4. Adjournments ought to be strongly opposed and a request ought to be made to the Court to follow /comply with the provisions of section 309(4) above. It should also be pointed out that the counsel being in another court would not be a ground for seeking adjournment.

5. Request ought to be made to the Court to complete the examination and cross examination and any request for adjournment when the witness is available should be opposed by relying upon section 309(4)(c) above.