INDEX
CHAPTER 1: INTRODUCTION AND OVERVIEW;
1.1 The General Perception;
1.2 The Research Question;
1.3 Connected Questions;
1.4 Incidental Issues;
1.5 Research Methodology;
1.6 Parameters and limitations;
1.7 A summary of some of the findings;
1.8 Chapter-wise break-up;
1.9 Terminology;
CHAPTER 2: THE STATE OF AFFAIRS;
2.1 The National Crime Records Bureau;
2.2 Under-trials crowd India's jails and continue to swell in numbers;
2.3 Trends in other countries;
2.4 Under-trials grow in numbers in spite of large numbers of bail releases;
2.5 The majority of incarcerated under-trials are accused of serious crimes;
2.6 The majority of convicts undergoing sentences are also convicted of serious crimes·;
2.7 Large proportion of incarcerated under-trial prisoners are uneducated and belong to weaker
sections of society;
2.8 Incarcerated under-trials fall largely within the working age group of 18 to 50 years;
2.9 Periods of detention;
2.10 Special vulnerable categories of incarcerated under-trials: women, women with children, the
mentally ill and civil prisoners;
2.11 The appalling conditions under which under-trials are confined in India;
2.12 The situation is only getting worse: crime rates are increasing; Police and Courts are increasingly unable to keep up with workloads;
2.13 The Effects of Delay;
CHAPTER 3: CRIMINAL PROCEDURE AND THE RIGHT TO A SPEEDY TRIAL;
3.1 Is Indian Criminal Procedure at fault for not giving effect to the right suitably?;
3.2 Right to bail and right to speedy trial 3.3 Criminal procedure or Constitutional criminal
procedure?;
3.4 History of the Code of Criminal Procedure, 1973;
3.5 Scheme and major concepts under the Code;
3.6 The right to speedy trial at the stage of arrest;
3.7 The right to speedy trial at the stage of investigation;
3.8 The right to speedy trial at the stage of taking cognizance;
3.9 The right to speedy trial at the stage of framing charges;
3.10 The right to speedy trial at the trial stage;
3.11 Set-off under section 428 CrPC;
3.12 Bail in appeal;
3.13 The right to bail under Chapter XXXIII CrPC;
3.14 Anticipatory bail under section 438 CrPC;
3.15 Section 436A and the right to bail;
3.16 Further critique of the CrPC's approach to bail: the question of bail reform;
3.17 Further critique of the CrPC's approach to time limits;
CHAPTER 4: THE SUPREME COURT AND THE RIGHT TO SPEEDY TRIAL;
4.1 Chapter outline;
4.2 The chequered course of the right to speedy trial: time-limits versus "facts and circumstances" approach;
4.3 The practical application of the "facts and circumstances" approach for serious crimes: do
serious crimes ever die?;
4.4 "Facts and circumstances" approach: the fault of the accused is an important consideration;
4.5 To whom does the right to speedy trial belong?;
4.6 The right attaches at all stages of the criminal process;
4.7 Blanket bail and the right to speedy trial;
4.8 The right to speedy trial in the United States;
CHAPTER 5: RIGHT TO SPEEDY TRIAL AND FUNDING FOR THE JUDICIARY;
5.1 Chapter outline;
5.2 Inadequate judge strength is one of the primary reasons for delay;
5.3 Funding and planning for the judiciary in India has always been woefully inadequate;
5.4 Expenditure on the judiciary is investment;
5.5 Separation of powers and financial independence of the judiciary: International perspectives;
5.6 The Inherent powers doctrine in the United States and budgetary processes in other countries;
5.7 First steps towards adequate court financing by the Indian Supreme Court;
5.8 Judicial Impact Assessment and the Indian Supreme Court;
5.9 The problem of arrears is not unsurmountable;
CHAPTER 6: SYNTHESIS1 CONCLUSIONS AND RECOMMENDATIONS;
6.1 Chapter outline;
6.2 Effecting changes in procedural systems: A note;
6.3 Summary of findings, further synthesis and analysis, further questions;
6.4 Gradual and progressive adoption of time-limits in specified categories would be the way forward;
6.5 Remedies for violation of the right and techniques to prevent violation;
6.6 List of suggestions and recommendations;
6.5 Remedies for violation of the right and techniques to prevent violation;
6.6 List of suggestions and recommendations;
6.7 The way forward: the emergence of the managerial court;
APPENDIX A;
APPENDIX B;
APPENDIX C;
APPENDIX D
APPENDIX E;
LIST OF CASES;
SELECT BIBLIOGRAPHY.

Right to Speedy Trial - India Right to Speedy Trial - Role of Supreme Court