Supreme Court Issues Directions To Trial Courts On Cataloguing Witnesses & Evidence In Criminal Case Judgments

The Supreme Court on Monday (December 15) issued directions to all the trial courts aiming to institutionalize a standardized format for cataloguing witnesses, documentary evidence, and material objects.

“we are of the considered view that a more structured and uniform practice must be adopted to enhance the legibility of criminal judgments. Accordingly, to ensure a systematic presentation of evidence that enables efficient appreciation of the record, we issue the following directions to all trial Courts across the country. These directions aim to institutionalize a standardized format for cataloguing witnesses, documentary evidence, and material objects. This will serve to facilitate better comprehension and immediate reference for all stakeholders, including the Appellate Courts. Hence, we are passing the following directions, which shall be adhered to by all trial Courts across the country.”, the bench of Justices Vikram Nath and Sandeep Mehta, said while acquitting a man accused for sexually assaulting a 4 year old girl under the POCSO Act, holding that the prosecution failed to establish a credible case due to serious lapses in the cataloguing, custody, and handling of evidence.

The following directions were issued:

Preparation of Tabulated Charts in all the judgments:

All trial Courts dealing with criminal matters shall, at the conclusion of the judgment, incorporate tabulated charts summarizing: -

a. Witnesses examined,

b. Documents exhibited, and

c. Material objects (muddamal) produced and exhibited.

These charts shall form an appendix or concluding segment of the judgment and shall be prepared in a clear, structured and easily comprehensible format.

Standardized Chart of Witnesses

Each criminal judgment shall contain a witness chart with at least the following columns:

a. Serial Number

b. Name of the Witness

c. Brief Description/Role of the Witness, such as: Informant, Eye-witness, Medical Jurist/Doctor, Investigating Officer (I.O.), Panch Witness, etc.

The description should be succinct but sufficient to indicate the evidentiary character of the witness. This structured presentation will allow quick reference to the nature of testimony, assist in locating the witness in the record, and minimize ambiguity.

Standardized Chart of Exhibited Documents

A separate chart shall be prepared for all documents exhibited during trial. This chart shall include:

a. Exhibit Number;

b. Description of document;

c. The Witness who proved or attested the document.

Illustratively, the description may include: FIR, complaint, panchnamas, medical certificates, FSL reports, seizure memos, site plans, dying declarations, etc.

The requirement of specifying the witness who proved the document ensures traceability of proof and assist the Court in appreciating compliance with the Indian Evidence Act, 1872/Bharatiya Sakshya Adhiniyam, 2023.

Specimen Chart for Exhibited Documents

Standardized Chart of Material Objects/Muddamals

Whenever material objects are produced and marked as exhibits, the trial Court shall prepare a third chart with:

a. Material Object (M.O.) Number;

b. Description of the Object;

c. Witness who proved the Object's Relevance (e.g., weapon, clothing, tool, article seized under panchnama, etc.)

Specimen Chart for Material Objects/Muddamals

Special Provisions for Cases Involving Voluminous Evidence

In complex cases, such as conspiracies, economic offences or trials involving voluminous oral or documentary evidence, the list of witnesses and exhibits may be substantially long. Where the number of witnesses or documents is unusually large, the trial Court may prepare charts only for the material, relevant, and relied-upon witnesses and documents, clearly indicating that the chart is confined to such items. This ensures that the charts remain functional reference tools rather than unwieldy compilations.

While these directions are primarily intended to streamline criminal trials, we leave it open to the High Courts to consider, wherever appropriate, the adoption of similar tabulated formats in civil matters as well, particularly in cases involving voluminous documentary or oral evidence, so as to promote clarity, uniformity, and ease of reference.

Application to Defence Witnesses and Evidence

The aforesaid directions shall apply, mutatis mutandis, to all witnesses examined and all evidence adduced by the defence.

Adoption of Specimen Format and Permissible Deviations

The specimen charts provided herein shall ordinarily serve as the standard format to be followed by trial Courts across the country.

Observations Regarding Applicability to Civil Proceedings

"While these directions are primarily intended to streamline criminal trials, we leave it open to the High Courts to consider, wherever appropriate, the adoption of similar tabulated formats in civil matters as well, particularly in cases involving voluminous documentary or oral evidence, so as to promote clarity, uniformity, and ease of reference. The High Court may consider incorporating the above directions in their respective rules governing the procedure of trial Courts.

Registry shall forthwith transmit a copy of this judgment to the Registrar General of all the High Courts to ensure due compliance with the directions issued by this Court in paragraph Nos. 81-90 (supra)."

Background

The bench made aforestated directions, while deciding an criminal appeal, where the case arose from a June 2013 incident in Kalol, Gujarat, where the minor girl child was found injured and unclothed and was taken to hospital for treatment. An FIR was initially registered against unknown persons, and the appellant was later implicated based on circumstantial evidence, including a “last seen together” theory and alleged forensic recoveries.

The Court observed that although the prosecution relied on forensic reports to connect the accused to the crime, it failed to establish a credible chain of custody for the seized articles, such as the victim's clothing and items allegedly recovered from the accused. Contradictions in panch witness testimonies, absence of proof regarding the premises from which recoveries were made, and inconsistencies between medical and forensic evidence rendered the recoveries unreliable.

Crucially, the Court observed that forensic evidence has no evidentiary value unless articles are properly catalogued, sealed, preserved, and tracked at every stage of investigation. In the absence of such cataloguing, the prosecution could not prove that the samples examined by the FSL were the same as those allegedly recovered.

Holding that these lapses created irreparable breaks in the chain of circumstantial evidence, the Court set aside the conviction and acquitted the appellant, reiterating that strict adherence to evidence-cataloguing protocols is indispensable, particularly in sensitive cases under the POCSO Act.

Cause Title: MANOJBHAI JETHABHAI PARMAR (ROHIT) VERSUS STATE OF GUJARAT

Citation : 2025 LiveLaw (SC) 1208

Click here to download judgment

Appearance:

For Appellant(s) : Mr. Vijay Kumar, AOR Mrs. Vithika Garg, Adv. Ms. Vidushi Garg, Adv.

For Respondent(s) :Ms. Swati Ghildiyal, AOR Mr. Rishi Yadav, Adv.