Lok Sabha Question No. 2388 (UNSTARRED), answered on 2018-08-01
Subject: Timebound Hearing of Cases
Ministry: LAW AND JUSTICE
Asked by: UDIT RAJ

2388. DR. UDIT RAJ:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Government has received any proposal for time bound hearings into various criminal and civil matters at the Session Court and District Court level; and
- (b) if so, the status of implementation of such proposals?

## ANSWER

## MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS (SHRI P. P. CHAUDHARY)

(a) & (b): A number of expert committees including Law Commission of India have  gone  into  reasons  for  delayed  disposal  of  cases.  Based  on  the recommendations  made,  a  series  of  provisions  have  been  introduced  in procedural  laws,  namely,  Criminal  Procedure  Code  (Cr.P.C.)  and  Code  of Civil  Procedure  (C.P.C.),  to  enable  time  bound  hearing  and  expeditious disposal of criminal and civil cases. These include, inter alia, amendments to discourage unnecessary adjournments; amendments to allow use of audio / video  technology  in  criminal  cases;  amendments  to  impose  limit  on  the number  of  adjournments  that  may  be  granted;  imposition  of  costs  for adjournments; allowing  service  of  summons using email, fax, speed post, courier services; and,  limiting the time limit for filing of written statement.

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 2388

## TO BE ANSWERED ON WEDNESDAY, THE 01 st  AUGUST, 2018.

## Time bound Hearing of Cases

In addition, specific laws also provide indicative timelines for completion of  trial  in  cases  governed  under  those  laws.  For  example,the  Commercial Courts,  Commercial  Division  and  Commercial  Appellate  Division  of  High Courts Act, 2015 provides that the Court shall ensure that the arguments are closed not later than six months from the date of the first Case Management Hearing and that the Court shall, as far as possible, ensure that the recording of  evidence  shall  be  carried  on,  on  a  day-to-day  basis  until  the  crossexamination  of  all  the  witnesses  is  complete.  Similarly,  the  Protection  of Children from Sexual Offences Act, 2012 provides that the evidence of a child has to be recorded by the Special Court within a period of thirty days and the trial itself should be completed, as far as possible, within a period of one year from the date of taking cognizance of the offence. Another example is that of the Information Technology Act, 2000 which provides that an appeal before the Cyber Appellate Tribunal shall be dealt with as expeditiously as possible and endeavor shall be made to dispose of the appeal within six months. Hearing and disposal of cases pending in various courts in fixed time frames is within the domain of judiciary.  Timely disposal of cases (civil and criminal)  in  courts  depends  on  several  factors  which, inter-alia ,  include availability of adequate number of judges, supporting court staff and physical infrastructure, complexity of facts involved, nature of evidence, co-operation of stake holders viz .  bar, investigation agencies, witnesses and litigants and proper application of rules and procedures.

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