Whether it is possible to complete criminal trial within three years as provided under BNSS ? examine critically

The BNSS, 2023, aims to reform the criminal justice system in India, including provisions for time-bound trials. However, while the BNSS sets ambitious timelines for various stages of the judicial process, it does not explicitly state that all criminal trials must be completed within three years. Instead, it introduces specific time limits for key procedures, which may collectively contribute to a more efficient system.

Key Timelines Established by the BNSS

1. Investigation:

   - Filing of Chargesheet: Must be completed within 90 days for most offences, with an extension of another 90 days possible upon court approval.

   - Completion of Investigation: Should be finalized within 180 days.

2. Trial Procedures:

   - Framing of Charges: This must occur within 60 days from the first hearing.

   - Judgment Delivery: A verdict must be delivered within 30 days of the conclusion of arguments, extendable to 45 days with justification.

3. Other Provisions:

   - Trial in Absentia: Introduced for absconding accused, allowing trials to proceed without their presence after 90 days of their non-appearance.

Critical Examination of the Three-Year Completion Goal

Feasibility Factors

- Judicial Infrastructure: The successful implementation of these timelines heavily relies on the capacity of the judicial system, including the number of judges and court facilities. Currently, many courts in India face significant backlogs, which could hinder the timely processing of cases.

- Case Complexity: The nature of the cases being tried can vary widely. More complex cases, particularly those involving multiple witnesses or intricate legal issues, may require additional time beyond the stipulated limits.

- Compliance and Enforcement: The effectiveness of the new provisions will depend on the commitment of law enforcement agencies and the judiciary to adhere to these timelines. Historical delays in the judicial process suggest that achieving these goals will require a cultural shift within the legal system.

- Public and Legal Awareness: The implementation of these new laws will necessitate widespread awareness among legal practitioners and the public to ensure that rights and responsibilities under the new framework are understood and upheld.

Conclusion

In summary, while the BNSS sets forth a framework that aims to expedite criminal trials and potentially allows for their completion within three years, the practical realization of this goal will depend on various factors, including judicial capacity, case complexity, and adherence to the new timelines. The ambitious nature of these reforms represents a significant shift in India's approach to criminal justice, but their success will ultimately hinge on effective implementation and systemic change within the judiciary.