One of the important changes brought under the new Criminal Laws are the stringent timelines in our criminal justice system’s investigation, inquiry, and trial procedures. As the new laws were introduced and came into force from 01.07.2024, here are the provisions and timelines provided under Bharatiya Nagarik Suraksha Sanhita, 2023.
| Procedure | Timeline | Provision |
| Claim against attachment of property under Section 85 | To be filed within 6 months from the date of attachment | Section 87 |
| Time limit for disposal of property | To be disposed within 6 months from the date of attachment | Section 88 |
| Application to High Court to set aside declaration of forfeiture | Within Two months | Section 99 |
| Distribution of the proceeds of the crime to the crime to the persons affected by such crime. | Within 60 days | Section 107 (7) |
| Confirmation of an order of Seizure or attachment of property made by an officer conducting an inquiry or investigation under Section 116 | 30 days | Section 117 (2) |
| Time limit to dispose of Application for monthly allowance for the interim maintenance and expenses | Within 60 days | Section 144 |
| Proceedings against an order made under Section 152 | 60 days, May extend to 120 days only after recording reasons | Section 157 |
| Electronic communication relating to the commission of a cognizable offence, to sign the report within 3 days | Within 3 days | Section 173 |
| Time limit for Preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter (Offence which is made punishable for 3 to 7 years) | 14 days | Section 173 (3) (i) |
| Inquiry as to the truth of information regarding the breach of peace or disturbance of public tranquillity | To be completed within 6 months | Section 135 |
| Medical Examination of rape victim to be submitted to the Investigation Officer | 7 days | Section 184 (6) |
| Police Custody, if the investigation is not completed within 24 hours | 15 days within the initial 40 or 60 days out of detention period of 60 or 90 days | Section 187 (2) |
| Police Custody, in the absence of magistrate | 7 days | Section 187 (6) |
| Investigation in a summons case to be concluded | 6 months | Section 187 (9) |
| Investigation in relating to offence under Sections 64, 65, 66, 67, 68, 70, 71 or under Sections 4, 6, 8 or 10 of POCSO Act, 2012 | 60 days from the date on which information is received | Section 193 (2) |
| Progress of Investigation to be communicated to the victim / informant | 90 days | Section 193 (3) (ii) |
| Further Investigation during the trial | 90 days, which may be extended with the permission of court | Section 193 (9) |
| Decision on request for sanction | 120 days | Section 218 (1) (b) |
| Tme limit for taking cognizance by a court of session a complaint from the date on which the offence is alleged to have been committed | 6 months | Section 222 (5) |
| Furnishing the copy of Police Report, FIR and statements recorded under Section 180 (3), 183 and any other document or relevant extract forwarded to the Magistrate to the Informant/victim or represented by an advocate | 14 days | Section 230 |
| Committal to the Court of Sessions | 90 days which may be extended to 180 for the reasons to be recorded in writing | Section 232 |
| Application for discharge from the date of commitment of the case under Section 232 | 60 days | Section 250 |
| Framing of charge from the first hearing on charge | 60 days | Section 251 |
| Pronounce of Judgment after hearing arguments | 30 days from the date of completion of arguments which may be extended to 45 days for reasons to be recorded in writing | Section 258 |
| Application of Discharge from the date of supply of copies of documents under Section 230 | 60 days | Section 262 |
| Framing of charge from the date of first hearing on charge | 60 days | Section 263 |
| Acquittal for Non appearance of the complainant upon summons unless dispensed with | 30 days | Section 279 |
| Plea Bargaining application | Within 30 days from the date of framing of charge in the court | Section 290 |
| Time to the Public Prosecutor to work out a satisfactory disposition of the case | 60 days | Section 290 |
| Time limit to admit or deny the genuineness document submitted before any court by the prosecution or the accused | 30 days | Section 330 |
| Remand of accused under Section 346 | Not exceeding 15 days | Section 346 |
| Trial relating to offence under Section 64, 65, 66, 67, 68, 70 or 71 of BNS, 2023 | 2 months from the date of filing charge sheet | Section 346 |
| Proceed to trial against a proclaimed offender | After 90 days has lapsed from the date of framing of the charge | Section 356 |
| Judgment to be pronounced in open court after trial | Within 45 days | Section 392 |
| Upload the copy of the judgment on its portal | Within 7 days from the date of judgment | Section 392 |
| Appeals against Conviction or Appeal | 60 days of the judgment | Section 415 |
| Disposal of Appeal against a sentence passed under Sections 64, 65, 66, 67, 68, 70 or 71 of BNS | 6 months from the date of filing such appeal | Section 415 |
| Application for Grant of Special Leave to appeal from an order of acquittal | Within 6 months where complainant is public servant, 60 days in every other case from the date of acquittal | Section 419 |
| Apply for leave to appear for the appellant on death of appellant | 30 days from the date of appellant | Section 435 |
| Mercy Petition to the President or Governor from the date of dismissal of appeal, review or special leave to appeal or confirmation of death by High Court and time allowed to appeal or special leave in Supreme court has expired | 30 days | Section 472 |
| Petition to President after rejection by Governor | 60 days | Section 472 |
| Recommendations to the President by the Government | 60 days | Section 472 |
| Bail if Trial of person in non-bailable offence is not concluded from the first date fixed for taking evidence | 60 days | Section 472 |
| Statement of property containing description from the date of production of such property | 14 days | Section 497 |
| Disposal of property after the statement has been prepared and photograph or videograph has been taken | 30 days | Section 497 |
| Payment to the innocent purchaser of money found on accused | 6 months from the date of order of conviction | Section 499 |
These timelines have been provided in pursuance of the citizen’s right to a speedy trial as guaranteed under Article 21 of the Indian Constitution and with an object to speed up the criminal justice system which has been the far cry of the country’s citizens. However, transfers of Investigating Officers and securing the witnesses, experts and parties would cause significant delay and might act as obstacles to these deadlines. In addition to these, lack of infrastructure, low ratio of judges are other issues to be addressed which are not dealt under the new criminal laws.
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