Direction To Adopt Draft Criminal Rules of Practice:Supreme Court Seeks Action Take Report From High Courts, States

The Supreme Court has directed the Registrar Generals of the High Courts and the Chief Secretaries of the State Governments to file an action report within three weeks from March 24 regarding the compliance of directions to adopt the Draft Criminal Rules On Practice approved by the Court last year.A bench comprising Justice L Nageswara Rao, S Ravindra Bhat and BR Gavai issued the direction after noting that most states have not complied with the orders passed in April 2021.On April 20, 2021, the Court had directed the High Courts to adopt the draft rules of criminal practice, which has been prepared by amici curiae Senior Advocates R Basant, Sidharth Luthra and Advocate K Paremshwar, within a period of 6 months.The High Courts shall take expeditious steps to adopt the said draft rules and ensure that existing rules are suitably modified within a period of 6 months, a bench led by the then Chief Justice S A Bobde had ordered.If the state government's co-operation is necessary in this regard, the approval of the concerned department or departments, and the formal notification of the said Draft Rules, shall be made within the said period of six monthsThe Court further directed the Union Government and the State Government to make consequential amendments to police rules within a period of 6 months. The directions were issued in the suo motu case In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials.The Court had appointed Senior Advocates R Basant, Sidhath Luthra and Advocate K Paremeshwar as amici curiae in the case. The amici had submitted a Draft Rules of Criminal Practice before the Court. The draft rules of criminal practice may be read here. The Court had later sought the views of the High Courts to the draft rules of criminal practice framed by the amici curiae.The major highlights of the draft rules -which were prepared after consultations with the High Courts and State Governments - are as follows :Chapter I: InvestigationBody Sketch to accompany medico legal certificate, post mortem and inquest reportEvery Medico Legal Certificate, Post Morton Report shall contain a printed format of the human body (both frontal and rear view) on its reverse and injuries, if any, shall be indicated on such sketch.Photographs and video graphs of post mortem in certain casesIn case of custodial deaths, the IO shall inform the hospital to arrange for photographs or videography for conducting the post-mortem examination of the deecased. Such photographs or videography shall be done either by a police photographer or a State nominated photographer, or by an independent private photographer in the absence of the former two.Such photographs or videography shall be seized under a panchnama or seizure memo, for proof during Trial accompanied by certificate under Section 65B of the Evidence Act.Scene Mahazar/ Spot PanchnamaA site plan shall be prepared by the IO by hand, indicating specified details, and it shall be appended to the spot panchnama. The same shall be followed by preparation of a 'scaled site plan' by the police draftsman and all the relevant details shall be marked in the panchnama and corrected in the site plan.Supply of documents under Section 173, 207 and 208 CrPCEvery accused shall be supplied with statements of witness recorded under Sections 161 and 164 of CrPC and a list of documents, material objects and exhibits seized during investigation and relied upon by the IO.Pertinently, the list of statements, documents, material objects and exhibits shall also specify the statements, documents, material objects and exhibits that are not relied upon by the IO.Chapter II: ChargeThe order framing charge shall be accompanied by a formal charge in Form 32, Schedule II, CrPC to be prepared personally by the Presiding Officer after complete and total application of mind.Chapter III: TrialProcedure for Recording EvidenceThe deposition of witnesses shall be recorded in typed format in both the language of the witness as well as in English and will be read over by the Presiding Officer without any exception.Further, hard copy of the testimony so recorded duly signed will be a true copy by the Presiding Officer/court officer and it shall be made available free of cost against receipt to the accused or an advocate representing the accused, to the witness and the prosecutor on the date of recording.A translator shall be made available in each Court and Presiding Officers shall be trained in the local languages, on the request of the Presiding Officer.The Presiding Officers will not record evidence in more than one case at the same time.Format of WitnessesThe deposition of each witness shall be recorded dividing it into separate paragraphs (or in question answer format where necessary) assigning paragraph numbers, naming Prosecution witnesses as PW1 etc., Defence witnesses as DW1, etc. and Court witnesses as CW1, etc.The record of depositions shall indicate the date of the chief...

Direction To Adopt Draft Criminal Rules of Practice:Supreme Court Seeks Action Take Report From High Courts, States

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Direction To Adopt Draft Criminal Rules of Practice:Supreme Court Seeks Action Take Report From High Courts, States

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