📑 Table of Contents
📋 Quick Overview
The right to a speedy trial is a fundamental right under Article 21 of the Constitution. The Supreme Court has held that unreasonable delay in trial violates this right and entitles the accused to relief.
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Constitutional Basis for Speedy Trial
Article 21 guarantees that no person shall be deprived of their life or personal liberty except according to procedure established by law. The Supreme Court in Hussainara Khatoon vs Home Secretary, State of Bihar (1979) held that speedy trial is an essential part of Article 21.
The right to speedy trial applies to all stages: investigation, inquiry, trial, appeal, and revision.
Remedies for Delayed Trial
If the trial is unreasonably delayed, the accused can: apply for bail on the ground of delayed trial, file an application for quashing proceedings (in exceptional cases), file a writ petition before the High Court under Article 226 for directions, and claim compensation for prolonged detention.
In Kolkata, undertrials have been released on bail in cases pending for years.
Speedy Trial Under BNSS
The BNSS, 2023 has introduced specific time limits: investigation must be completed in 60-90 days, charge sheet must be filed within the investigation period, and trial should be concluded within 60 days for sessions cases. These provisions strengthen the right to speedy trial.
Non-compliance can result in default bail under Section 187 BNSS.
⚡ Need Legal Help?
Facing delayed trial in Kolkata? Our criminal lawyers can seek remedies for violation of your right to speedy trial.
Frequently Asked Questions
What is considered unreasonable delay in trial?+
Can the case be quashed for delay?+
What is default bail under BNSS?+
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