Writ Petition (Criminal) Nos. 310, 175 of 2005 and 341/2004. Case: Bhim Singh Vs Union of India (UOI). Supreme Court (India)

Case NumberWrit Petition (Criminal) Nos. 310, 175 of 2005 and 341/2004
CounselFor Appellant: Party-in-Person, P.V. Yogeswaran, Prashant Bhushan, Rohit Kumar Singh and Govind Jee, Advs. and For Respondents: Mukul Rohatgi, Attorney General, Ranjit Kumar, Solicitor General, N.K. Kaul, ASG, Indra Sawhney, Chetan Chawla, Charul Sarin, Asha G. Nair, Sunita Rani Singh, Binu Tamta, Atreyi Chatterjee, Arif Sikandar Mir, Sushma ...
JudgesR.M. Lodha, C.J.I., Kurian Joseph and Rohinton Nariman, JJ.
IssueCode of Criminal Procedure, 1973 (CrPC) - Section 436A
Judgement DateSeptember 05, 2014
CourtSupreme Court (India)


  1. On 01.08.2014, whereby we wanted to know from the learned Attorney General about Government of India's plan in fast-tracking criminal justice in the country, learned Attorney General on that day took time to have a comprehensive look at the problem and come out with a concrete proposal in this regard within four weeks.

  2. Mr. Mukul Rohatgi, learned Attorney General submits that process of consultation with the State Governments for fast-tracking criminal justice has been commenced by the Central Government but the blueprint/road-map for fast-tracking of criminal cases shall take some time. He prays for time to place the same by way of an affidavit within three months.

  3. We reiterate that it is high time, positive steps are taken by the Central Government in consultation with the State Governments in fast tracking all types of criminal cases so that criminal justice is delivered timely and expeditiously.

  4. Learned Attorney General informs us that more than 50% of the prisoners in various jails are under-trial prisoners. Even many of them may have served maximum sentence prescribed under the law for the offences they have been charged with. The Parliament by Act 25 of 2005 amended Code of Criminal Procedure, 1973 providing for maximum period for which an under-trial prisoner can be detained under any law not being an offence for which the punishment of death has been specified as one of the punishments. Section 436A reads as follows:

    436A. Maximum period for which an under trial prisoner can be detained Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:

    Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties:

    Provided further that no such person shall in any case be detained during the period of investigation inquiry or trial for more than the maximum period of imprisonment provided for the said offence under...

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