Will Evening Courts Soon Be A Reality Government’s New Plan To Reduce Judicial Backlog

In a significant step toward reducing the mounting backlog in India’s district courts, the Ministry of Law and Justice is set to launch 785 evening courts across the country. These courts will primarily deal with minor criminal offences, property disputes, cheque bounce cases, and other matters carrying a maximum punishment of three years.

 

As per a concept note shared with all states last month, the evening courts will function from 5 PM to 9 PM on working days, utilizing existing court infrastructure without disrupting the regular daytime proceedings. The initiative aims to maximize the use of current facilities by operating after regular court hours.

 

The proposal includes the contractual appointment of retired district judges (who retired within the past three years) to preside over these courts. They will be compensated with 50% of their last drawn salary, along with additional allowances. Similarly, retired court staff will be rehired on a three-year contract and will receive their previous salaries plus cost-of-living adjustments.

 

Initially, these courts will focus on minor offences with up to three years of imprisonment. There are also discussions to later expand jurisdiction to include cases punishable by up to six years. According to a senior official from the Odisha Law Department, these courts will address matters under Section 260 of the CrPC, the Negotiable Instruments Act, and cases related to minor public nuisances.

 

The government's broader objective is to ease the burden on the judiciary by fast-tracking minor cases, thus enhancing public confidence in the legal system. This model draws inspiration from Gujarat’s successful evening court experiment launched in 2006 and expanded in 2014.

 

India continues to face a severe case backlog, with over 46 million pending cases as of February 21, 2023—including 10.9 million civil and 35 million criminal cases. Notably, 44.55% of these have been pending for more than three years. The shortage of judicial officers has further intensified the crisis, making innovative measures like evening courts a timely and necessary intervention.

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