Justice Delayed Is Justice Denied - Examining Procedural Delays In Indian Judicial System
- IJLLR Journal
- May 15
- 1 min read
Ms. Neha Sharma, PhD Scholar, School of Law, Sushant University
Dr. Himadri Shekhar Dey, Associate Professor, Department of Planning, School of Art and Architecture, Sushant University
ABSTRACT
The maxim "Justice delayed is justice denied" emphasizes the critical importance of timely judicial remedies in upholding fairness and public trust in the legal system. This review paper examines the systemic issue of delays in Indian courts, focusing on the misuse of procedural provisions under the Code of Civil Procedure, 1908 (CPC) and the Indian Evidence Act, 1872. The paper employs a doctrinal research methodology drawing from landmark judicial pronouncements, it analyses how provisions of the Code such as Order VII Rule 11, Order VI Rule 17, Order I Rule 10, Order VII Rule 10 and provisions of Indian Evidence Act,1872 such as Section 165 (corresponding to Section 168 of the Bharatiya Sakshya Adhiniyam, 2023) are exploited by lawyers to prolong litigation. It also explores judicial responses, systemic reforms, and global perspectives to address delays, underscoring the need for stricter timelines, cost impositions, and enhanced judicial infrastructure to ensure equitable access to justice.
