Fast Track Courts in Kolkata – Complete Guide to Speedy Justice

Introduction to Fast Track Courts in India

Fast Track Courts (FTCs) and Fast Track Special Courts (FTSCs) were established to address the chronic problem of judicial delays in India. The first generation of Fast Track Courts was set up following the recommendations of the 11th Finance Commission (2000-2005) to clear the huge backlog of pending cases, particularly sessions cases involving undertrial prisoners. The FTSCs were established in 2019 specifically to expedite the trial of cases under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and rape cases under the BNS 2023. In Kolkata and across West Bengal, several Fast Track Courts and FTSCs have been functioning and have contributed significantly to reducing the pendency of serious criminal cases. The philosophy behind these courts is that the trial should be conducted on a day-to-day basis, without unnecessary adjournments, and with a target of completing the trial within a specified period.

Fast Track Courts and FTSCs in West Bengal

In West Bengal, Fast Track Courts were established in phases. The first FTCs were set up in the early 2000s and were primarily tasked with clearing pending sessions cases. These courts functioned for a specified period, and many were later absorbed into the regular court system. The Fast Track Special Courts (FTSCs) were established in 2019 under a central government scheme for the expeditious trial of POCSO Act cases and rape cases. West Bengal has several FTSCs, including in Kolkata at the City Sessions Court and other locations. These courts are presided over by experienced Sessions Judges or Additional Sessions Judges. They operate on a day-to-day trial basis, with strict timelines. The FTSCs are funded partly by the central government and partly by the state government. They are equipped with video conferencing facilities for recording evidence of vulnerable witnesses and for conducting trials where the accused is in custody.

Types of Cases Handled by Fast Track Courts

Fast Track Courts handle a specific category of cases based on their mandate. The FTSCs primarily handle: (a) Cases under the POCSO Act — sexual offences against children. (b) Rape cases under the BNS 2023 (formerly under the IPC) — where the victim is an adult. The regular FTCs handle: (a) Sessions cases pending for more than 2 years. (b) Cases involving undertrial prisoners who have been in custody for more than half the maximum punishment. (c) Cases involving senior citizens, women, and other vulnerable sections. (d) Cases of corruption and economic offences (in some states). The objective is to prioritize cases that have been pending for long periods and where the accused has been in custody, as well as cases involving vulnerable victims. The courts follow all the procedural requirements of the BNSS 2023 but with a focus on minimizing delays and avoiding unnecessary adjournments.

Trial Procedure in Fast Track Courts

The trial procedure in Fast Track Courts is the same as in regular sessions courts under the BNSS 2023, but with the following distinguishing features: (a) Day-to-day trial — the court conducts hearings on consecutive working days until the trial is complete. (b) No unnecessary adjournments — adjournments are granted only in exceptional circumstances and with a written order recording the reasons. (c) Strict timelines — the court aims to complete the trial within a specified period (typically one year for POCSO cases, as mandated by the Act). (d) Use of technology — video conferencing for recording evidence of vulnerable witnesses, electronic presentation of evidence, and digital case management. (e) Specialized handling — the judges and prosecutors are specially trained in handling sensitive cases, including child-friendly procedures for POCSO cases. (f) In-camera trials — trials in POCSO and rape cases are conducted in camera to protect the victim's privacy. (g) Speedy recording of evidence — the evidence of the victim is recorded within 30 days of the court taking cognizance, as mandated by the POCSO Act.

Impact and Performance of Fast Track Courts

Fast Track Courts and FTSCs have made a significant impact on the criminal justice system in West Bengal. Statistics indicate that FTSCs have disposed of a large number of POCSO and rape cases, with conviction rates comparable to or higher than regular courts. The day-to-day trial system has reduced the time taken for trials from an average of 3-5 years to 1-2 years in many cases. The use of video conferencing has made it easier for vulnerable witnesses to testify without the trauma of facing the accused in court. However, challenges remain: (a) The pendency of cases is still high, and the number of FTCs/FTSCs is insufficient. (b) Transfer of judges disrupts the continuity of trials. (c) The police investigation often takes a long time, and the trial cannot proceed until the charge sheet is filed. (d) Vacancies in the position of Public Prosecutors and Special Public Prosecutors affect the pace of trials. (e) Witnesses turning hostile continues to be a challenge. Advocate Panchanand Shaw has practiced extensively before the Fast Track Courts and FTSCs in Kolkata and is well-versed in their procedures.

How to Approach a Fast Track Court in Kolkata

If your case is before a Fast Track Court: (a) Engage a lawyer familiar with FTC/FTSC procedures. These courts have a faster pace, and your lawyer must be prepared for day-to-day hearings. (b) Ensure that all documents and evidence are organized and ready for presentation. The court will not grant adjournments for lack of preparation. (c) Cooperate with the court's scheduling — delays due to the defense can result in adverse orders. (d) For victims: the FTSC provides a supportive environment, and you can request special measures such as testifying via video conferencing or from behind a screen. (e) For accused persons: the faster trial is often beneficial, especially if you are in custody, as it reduces the period of incarceration. (f) If your case is not before a FTC/FTSC but you believe it should be, you can apply to the High Court under Article 226 or to the Supreme Court for transfer. Advocate Panchanand Shaw can guide you on the most effective strategy for your case before the Fast Track Courts.