Article 21 speedy trial: victims may move High Court, Supreme Court rules
The Supreme Court ruled on 24 September 2026 that a victim, like the accused, has a right to a speedy trial and may ask the High Court to expedite it under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It set aside a Delhi High Court order imposing Rs 10,000 costs and set a one-year trial deadline.
Syllabus: GS2 · Constitution; Prelims · Polity & Governance; GS2 · Executive & Judiciary
Why it matters
A person who reports an offence usually hands the case over to the State: the police investigate and the Public Prosecutor argues. If the trial then drags on for years, that person's standing to push it has been unclear; in this case the Delhi High Court treated the complainant as a mere witness. The ruling lets any victim, as the BNSS defines one, ask the High Court to hurry a stalled trial, and it overturned the costs imposed on such a plea as frivolous. The larger shift is toward a criminal process that answers to victims as well as to the State and the accused.
Prelims pointers
- Article 21: no person shall be deprived of life or personal liberty except according to procedure established by law; it protects citizens and non-citizens alike.
- Speedy trial: read into Article 21 in Hussainara Khatoon v. State of Bihar (1979), a case on undertrial prisoners held in Bihar's jails.
- A.R. Antulay v. R.S. Nayak (1992): a Constitution Bench laid down speedy-trial guidelines but held it impracticable to fix a time limit for trials.
- Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) replaced the Code of Criminal Procedure, 1973 from 1 July 2024.
- Victim: defined in Section 2(y) BNSS; earlier Section 2(wa) CrPC, added by the CrPC (Amendment) Act, 2008, in force from 31 December 2009; includes guardian or legal heir.
- Section 528 BNSS (old Section 482 CrPC): saves the High Court's inherent powers to give effect to orders, prevent abuse of process or secure the ends of justice.
- Victim's appeal: since 2009 a victim may appeal against an acquittal, a conviction for a lesser offence or inadequate compensation; the BNSS keeps this right.
- Victim compensation: every State Government, with the Centre, runs a scheme; the District or State Legal Services Authority decides the amount.
Practise a UPSC-style question
With reference to the right to a speedy trial in India, consider the following statements:
1. The Supreme Court has read it into the right to life and personal liberty under Article 21.
2. It is listed among the Directive Principles of State Policy in Part IV of the Constitution of India.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Show the answer
Answer: (a) 1 only
1 is correct: since Hussainara Khatoon v. State of Bihar (1979) the Supreme Court has treated a speedy trial as part of Article 21. 2 is incorrect: the Constitution does not name the right in Part IV; it is a judicially recognised part of the Fundamental Right in Article 21 (Part III).
More from the 9 October 2026 edition
- UNESCO GEM report puts rural India's upper-secondary gender parity at 0.59 National
- London Convention and Protocol parties adopt marine geoengineering assessment frameworks Environment
- Ravi Canal carries 400 cusecs; J&K seeks Rs 534 crore National
- Indian Railways electrifies 99.7% of broad gauge; 191 route km remain Economy
- Coral bleaching in 2024 hit Lakshadweep's reefs hardest, study finds Environment
- Gold imports by banks lose GST exemption, attract 3% IGST Economy
- Coal stock at domestic-coal power plants falls 66% in six months Economy
- Mines Ministry launches auction of two Andaman Sea offshore mineral blocks Economy
- Centre launches ₹23,731-crore GOBARdhan scheme for compressed biogas Economy
- Andhra Pradesh declares early Kharif drought in 388 mandals, 21 districts Environment
- BNSS does not define detention; Article 22 safeguards apply on arrest Polity
- MeitY urges social media platforms to curb manipulated, out-of-context content Polity