Lok Sabha Question No. 558 (UNSTARRED), answered on 2019-02-06
Subject: Time Bound Hearing of Cases
Ministry: LAW AND JUSTICE
Asked by: UDIT RAJ

## 558. 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 hearing of various criminal and civil matters at the Session Courts and District Courts 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  new 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.

In addition to above, certain  laws also provide indicative timelines for completion of trial in cases governed under those laws. For example, the Commercial 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 cross-examination 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

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

## LOK SABHA

## UNSTARRED QUESTION NO. 558

## TO BE ANSWERED ON WEDNESDAY, THE 06 TH  FEBRUARY, 2019.

## Time Bound Hearing of Cases

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 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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