SHEELA BARSE & ORS. versus UNION OF INDIA & ORS.

Citation: [1986] 3 S.C.R. 562 · Decided: 13-08-1986 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Directions issued
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Judgment (excerpt)

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SHEELA BARSE & ORS. 
v. 
UNION OF INDIA & ORS. 
AUGUST 13, 1986 
[P.N. BHAGWATI, C.J. AND RANGANATH MISRA, J.] 
Constitution of India, 1950, Article 21-Speedy trial-Whether 
fundamental right of accused. 
Children Act, 1960-Children-Offences by-Not to be kept in 
Jail-To be kept in remand homes or released on bail. 
Criminal Trial-Investigation of offences by children-Comple-
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tion within three months of lodging complaint/FIR-Trial-Comp-
letion within six monthsLNecessity of. 
On Uth Joly, 1986 this Court issned various directions in regard 
to the physically and mentally retarded children as also abandoned or 
destitute children who are lodged in various jails in the country for 'safe 
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custody'. 
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Giving further directions, 
HELD: I. The right to speedy trial is a fundamental right imp-
licit in Art. 21 of the Constitution. If an accnsed is not tried speedily and 
"his case remains pending before the Magistrate or the Sessions Court for 
an unreasonable length of time, it is clear that his fundamental right to _J 
speedy trial would be violated unless, of course, the trial is held up on 
account of some interim order passed by a superior court or the accused 
is responsible for the delay in the trial of the case. The consequence of 
violation of the fundamental right to speedy trial would be that the 
prosecution itself would be liable to be quashed on the ground that it is 
in breach of the fundamental right. [566E-G] 
Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, 
[1979] SCR 169, relied upon 
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2. Every State Government must take necessary measures for the 
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SHEELA BARSE v. U.0.1. 
563 
purpose of setting up adequate number of courts, appointing requisite 
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number of Judges and providing them the necessary facilities. It is also 
necessary to set up an Institute or Academy for training of judicial 
Officers so tl!at their eft"tciency may be improved and they may be able to 
regulate and control the flow of cases _in their respective courts. [567B·C] 
3. So far as a child-accused of an offence punishable with imprison· 
ment of not more than 7 years is concerned, a period of 3 months from 
the date of filing of the complaint or lodging of the First Information 
Report is the maximum time permissible for investigation and a period 
of 6 months from the filing of the charge sheet· as a reasonable period 
within which the trial of the child must be completed. If that is not 
done, the prosecution against the child would be liable to b_e quashed. 
Every State Government shall give effect to this principle or norm in so 
far as.any future cases are concerned. [567E-F] 
4. So far as concerns pending cases relating to offence8 punish· 
able with imprisonment of not more than 7 years, it is directed that 
every State Government shall complete the investigation within a period 
of 3 months from today if the inv.Stigation has not already resulted in . 
filing of chargesheet and if a chargesheet has been filed, the trial shall 
be completed within a period of 6 months from today and if it is not, the 
prosecution shall be quashed. [567F -GI 
5. The State Governments must set up necessary remand homes 
and observation homes where children accused of an offence can be 
lodged pending investigation and trial. On no account should the 
children be kept in jail and if a State Government has not got sufficient 
accommodation in its remand homes or observ8ti9n homes, the children 
should be released on bail instead of being subjected to incarceration in 
jail. [56SD-E] 
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6. Instead of each State having its own Children's Act different in 
procedure and content from the Children's Act in other States, the 
Central Government should initiate Parliamentary Legislation on the 
subject, so that there is complete uniformity in regard to the various 
provisions relating to children in the entire territory of the country. The 
Children's Act which may be enacted by Parliament should contain not· 
only provisions for investigation and trial of offences against children 
below the age of 16 years but should also contain mandatory provisions 
for ensuring social, economic and psychological rehabilitation of the 
children who are either ac~used of offences or are abandoned or desti· 
lute or lost. [568A-G I 
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SUPREME COURT REPORTS 
[19861 3 S.C.R. 
ORIGINAL JURISDICTION: Writ Petition (Criminal) No. 
1451of1985 
Under Article 32 of the Constitution of India.
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