Victims Too Have a Right to a Speedy Trial: Supreme Court Sets Aside Costs Imposed on Complainant

Case at a glance: The Supreme Court has held that a victim is “a definite stakeholder in the criminal justice system” with a vested right to a speedy and fair trial, and has locus to approach the High Court under Section 528 BNSS for expeditious disposal. It set aside a Delhi High Court order that had dismissed her plea as frivolous with costs, and directed the trial to finish within one year.

The appellant is the complainant in a 2017 cheating case under Section 420 IPC pending before a Delhi magistrate. In 2023 the Delhi High Court had directed the trial to finish within two years of framing charges, but it stalled. She filed a fresh petition under Section 528 BNSS for early disposal.

On 6 January 2026, a single judge held that a complainant in a State case is only a witness, dismissed the petition as frivolous and imposed Rs 10,000 costs. At the time of the Supreme Court hearing, 21 prosecution witnesses remained.

The Key Question Before the Court

Does a victim or de facto complainant have locus to seek a speedy trial from the High Court?

The Victim as Stakeholder

The Court held that the right to a speedy trial under Article 21 is not the accused's alone, and that the High Court's view was “a complete misreading of the legal and constitutional provisions”. It relied on CrPC Sections 2(wa), 24(8), 301 and 302 and their BNSS equivalents, Sections 2(y), 338 and 339(2).

It observed that delay can hurt the victim even more than the accused (Mangal Singh) and relied on Keshvendra Singh v. Shankar Singh, which recognised the speedy trial right as a valuable right of the victim. Other authorities included Hussainara Khatoon and Rattiram.

What the Court Actually Held

• The High Court order, including the costs, was set aside.
• The trial court must conclude the trial within one year.
• The merits were kept open.

Why This Judgment Matters

• It recognises victims' standing to push for timely trials.
• It aligns the BNSS with a victim-centric approach.
• It discourages costs against victims seeking expedition.

What Should Advocates Take Away From the Judgment?

For Victims' Counsel

• Invoke Section 528 BNSS for expedition, citing victims' stakeholder status.
• Record the trial's delay history in the petition.

For Defence Counsel

• Expect courts to entertain victims' pleas for speedy trial.

Key Takeaways

Frequently Asked Questions

Yes. The Court held a victim has locus under Section 528 BNSS.

Completion of the trial within one year and setting aside of the costs.

The order is dated 24 September 2026 but was reported between 9 and 12 October.

Conclusion