Supreme Court Issues Guidelines for Day-to-Day Criminal Trials

September 25, 2025

The Supreme Court of India has issued a landmark order directing trial courts to conduct criminal cases on a day-to-day basis in line with Section 309 of the Code of Criminal Procedure (CrPC), now reflected in Section 346 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

This move is aimed at curbing the long delays in trials and ensuring the constitutional mandate of a speedy trial under Article 21 of the Constitution.

Background: Need for Speedy Trials

A bench of Justices JB Pardiwala and KV Viswanathan highlighted that many criminal trials in India stretch for months or even years due to prolonged witness examinations and frequent adjournments.

The court observed that the earlier practice — where important and sensitive cases were conducted on a day-to-day basis nearly three decades ago — has largely been abandoned. It emphasized the need to revive that tradition to strengthen judicial efficiency.

Supreme Court’s Key Observations

The bench criticized the piecemeal conduct of trials, where witness examination is broken into parts across months.
It held that such delays undermine the constitutional right to a speedy trial.
The Court noted that trial courts must prioritize de die in diem (from day to day) proceedings until conclusion, barring exceptional circumstances.

Guidelines Issued by the Supreme Court

The Supreme Court laid down a structured framework for trial courts to follow:

1. Witness Examination

Witnesses must be examined on a day-to-day basis until all those present have been heard.
If an adjournment is sought despite witness presence, the court must record special reasons in its order.

2. Adjournments

Courts should not grant adjournments for the convenience of lawyers except in exceptional situations (e.g., bereavement).
If collusion between lawyers and accused is suspected, courts may cancel bail or impose costs on the accused.
In cases where only lawyers delay trials, courts may appoint an amicus curiae to proceed.

3. Bail and Accountability

If witnesses are present but the accused absents themselves, courts may cancel bail.
Costs may also be levied on accused persons equivalent to the expenses incurred by witnesses attending court.

4. Scheduling

Presiding judges must prepare a schedule in advance for witness examination.
Prosecution must ensure summons to witnesses are issued in line with this schedule.

Directions to High Courts

All Chief Justices of High Courts have been directed to issue a circular on the administrative side, attaching the Supreme Court’s order.
Each High Court must also constitute a committee to deliberate on implementing these guidelines for sensitive and important cases.

Significance of the Order

This directive represents a major push for judicial reform in India’s criminal justice system:

It enforces the constitutional right to speedy trials.
Reduces harassment for witnesses who often travel multiple times for adjourned hearings.
Ensures accountability of both accused and lawyers in preventing unnecessary delays.
Restores faith in trial courts by reviving older practices of uninterrupted hearings.