Mr. Alok Sharma, a resident of the city of Jayanagar, has been embroiled in a property dispute for over a decade. His case against a construction company, “Apex Builders,” has been languishing in the local district court, moving at a glacial pace. With countless adjournments and procedural delays, he feels trapped in a system that seems overwhelmed. Mr. Sharma wonders what practical steps an ordinary citizen can take when faced with such extensive delays, questioning if the issue stems from a shortage of judges, inadequate infrastructure, or cumbersome procedures.

Advice in such cases

Dealing with the slow pace of the judicial system can be incredibly frustrating. However, being proactive can sometimes make a difference. Here are some steps you can consider:

• Stay Organized: Keep meticulous records of all your case documents, hearing dates, and orders. A well-organized file can help your lawyer act swiftly and prevent unnecessary delays caused by missing paperwork.
• Regular Follow-ups: Maintain regular communication with your lawyer to stay updated on the case’s progress. Gentle and periodic reminders can ensure your case doesn’t fall by the wayside.
• Explore Alternative Dispute Resolution (ADR): Consider options like mediation or arbitration. These processes are often much faster and more cost-effective than traditional litigation and can lead to a mutually agreeable settlement.
• File for Expedited Hearing: In cases of genuine urgency, such as those involving senior citizens or matters of public importance, your lawyer can file an application before the court requesting an early or expedited hearing.

Applicable Sections of Law

While the problem of judicial delay is systemic, the new criminal laws have provisions aimed at speeding up the process. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces the CrPC, contains several sections intended to ensure timely justice.

• Section 230 of BNSS, 2023: This section mandates that the examination of witnesses, once begun, shall continue on a day-to-day basis until all 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.
• Section 259 of BNSS, 2023: This provision requires a judgment to be pronounced immediately after the termination of the trial or at some subsequent time, for which notice shall be given to the parties, but this should ordinarily not be later than thirty days from the date of termination of the trial.
• Time-bound Investigations: The BNSS also emphasizes completing investigations within a specific timeframe, which helps in the timely filing of the police report (previously known as the charge sheet) and the commencement of the trial.

If you are the complainant

As the person who initiated the case, you have a vested interest in its speedy conclusion. Here’s what you can do:

• Ensure Presence of Witnesses: Coordinate with your lawyer to ensure that your witnesses are present in court on the designated dates. Their absence is a common reason for adjournments.
• Oppose Unnecessary Adjournments: Instruct your lawyer to firmly but politely oppose any frivolous requests for adjournments made by the opposing party.
• File Necessary Applications: Be proactive in filing applications to bring crucial evidence on record or to summon necessary witnesses, which can help move the trial forward.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

If you are the victim in a criminal case, the delay can prolong your trauma. Your role is crucial in assisting the prosecution.

• Cooperate with the Prosecutor: Provide all necessary information and evidence to the public prosecutor handling your case. Your active cooperation is vital for a strong prosecution.
• Attend Court Proceedings: Be present on every hearing date, especially when you are required to testify. Your testimony is often the most critical piece of evidence.
• Victim Compensation Schemes: You can inquire about and apply for interim compensation under victim compensation schemes, which can provide some financial relief during the pendency of the case.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

The role of the police is primarily in the investigation stage. Delays at this stage have a cascading effect on the entire judicial process. Often, investigations are slow due to a heavy workload, lack of resources, or external pressures. The police are required to file a police report before the Magistrate upon completion of their investigation. Any delay in filing this report directly delays the start of the trial. Under the BNSS, there is a greater emphasis on completing investigations in a time-bound manner, especially for serious offences.

FAQs people normally have

What evidence is required?

The evidence required depends entirely on the nature of the case. In a property dispute like Mr. Sharma’s, key evidence would include title deeds, sale agreements, property tax receipts, and witness testimonies. In criminal cases, evidence can range from eyewitness accounts and expert opinions (like medical or forensic reports) to documentary and electronic evidence like CCTV footage or call records. It is crucial to preserve all potential evidence and present it to your lawyer.

How long will the investigation take?

The duration of an investigation can vary significantly. For simple cases, it may take a few months. For complex cases involving multiple accused or requiring extensive forensic analysis, it can take much longer. The BNSS aims to streamline this by setting timelines. For instance, it mandates that the report of a medical examination of a rape victim should be forwarded to the investigating officer within seven days. While these timelines are a step in the right direction, their practical implementation remains a challenge.

Advocate Sudhir Rao, Supreme Court of India