Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials
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Criminal trials form an important part of the Right to Life guaranteed under Article 21 of the Indian Constitution as it involves freedom and liberty of an individual. With the recent trend in the adversities being observed by various High Courts, in the procedure for criminal trial being followed by lower courts, various High Courts observed that the procedure had common deficiencies.
Table of Contents
- DRAFT CRIMINAL RULE ON PRACTICE, 2021
- Investigation Rules
- Custodial Death Rules
- Panchnama Rules
- Supply of All Documents to accused
- Formal charge in Form 32, Schedule II CrPC
- Presiding officer has to record deposition of the witness in typed form
- Witness shall be recorded in question and answer format
- Format of recording of exhibition
- Accused to be referred not by his name
- Extracts of witness statement
- Section 8 or 27 of Evidence Act is extracted on a separate sheet
- What judgment must contain
- Expeditious Trial
Various High Courts have, from time to time formulated rules pertaining to the practices adopted by the trial courts in criminal proceedings as well as in the disposal of criminal cases. Whereas, several High Courts have not formulated the rules pertaining to criminal trials at all.
Observing the discrepancies, Supreme Court in its suo moto case titled TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS v. STATE OF ANDHRA PRADESH & ORS. in Suo Moto Writ (CRL) NO. 1 of 2017, issued a uniform approach pertaining to description of exhibits, manner and description of recording of statements of witnesses, labeling of material objects, and so on.
The court in this case adopted the DRAFT CRIMINAL RULE ON PRACTICE, 2021 to be followed by each and every state in its practice of criminal trials.
The rules provides procedure to be followed by trial courts in conducting the criminal trial.
Under Chapter 1, which relates to Investigation provide 4 rules.
Under the first rule, the medical legal certificate must be accompanied by the post-mortem report and body sketch, whereby body sketch to contain printed format of both frontal and rear view of the human body.
Under the second rule, in case of custodial death, the photography and videography of the post-mortem has been made compulsory. With that, photography of the post-mortem have been made compulsory in all cases.
Along with that, the photographs and videography is to be seized under a panchnama or seizure memo. With that, the investigating officer has to ensure that original photo and video has been preserved and a certificate under Section 65B is obtained. Such photo and video has to be stored on a separate memory card alongwith Section 65B certificate.
Under the third rule, a spot panchnama has to be prepared by the investigating officer disclosing:
- Place of the crime;
- Place, where the body was found;
- Place of exhibits or weapons;
- Blood stains or fluids have fallen or not;
- Place of bullet shells, if any;
- Adjoining natural and man-made structures;
This panchnama has to be accompanied by scaled site plan.
Under the fourth rule, every accused has to be supplied with all documents such as statement of witnesses under Section 161 and 164 CrPC, material objects seized during investigation and being relied upon by the I.O.
Also such documents that are not being relied upon by the I.O. have to be supplied to the accused as well.
After that comes Chapter 2, which relates to Charge which provides one rule.
Under the Fifth Rule, order framing charge has to be accompanied by a formal charge in Form 32, Schedule II CrPC by the presiding officer.
In Chapter 3, which provides for Trial, contains 6 rules.
Under the sixth rule, the presiding officer has to record deposition of the witness, which must be in a typed format on computer.
Furthermore, if the deposition is not in local language of the state or in English, the presiding officer has to get that deposition translated. Such deposition have to be provided to the accused free of charge upon receipt.
Further, this rule mandates a translator to be presented in each court and shall be trained in local language.
This rule also provides direction to the presiding officer to not record evidence in more than one case at a time.
Under the Seventh Rule, deposition of each witness shall be recorded in question and answer format, wherever necessary, with prosecution witness to be numbered PW-1, PW-2 and defense witness to be numbered DW-1 and DW-2.
Court witness have to be numbered as CW-1 and CW-2. The depositions shall also record the date of chief, cross and re-examination.
Objections by defence counsel shall be taken note of, reflected and have to be decided immediately, at the end of deposition of witness in question.
If the deposition is not concluded on one date, name and number of witness has to be clearly mentioned on the next date, when it begins.
Under the Eighth Rule, prosecution exhibit is to be marked as PW-1 and defence exhibits to be marked as DW-1.
With that, the number of the witness through whom such document was first introduced, witness number should come after the exhibit.
Example: P-1/PW1
Under the Ninth Rule, the accused has to be referred by his rank, in the array of accused, after framing of the charge and not be his name.
However, at the stage of identification of witness, the accused can be referred by his name.
Similarly, deposition of witness, marking of exhibits and material objects have to be referred by their numbers only.
In cases, where witness mentioned in the complaint or police report are not examined, they shall be referred to by their number in such police report or complaint.
Under the Tenth Rule, omnibus marking of entire witness statement shall not be done and only such portion, which is used for contradicting the witness is used is to be extracted.
If it is not possible to extract such portion, such portions have to be marked as prosecution or defence exhibit and inadmissible portions have not to be extracted.
However, this rule is applicable to the statements recorded under Section 161 and 164 CrPC.
Under the Eleventh Rule, the presiding officer has to ensure that only relevant portion under Section 8 or 27 of Evidence Act is extracted on a separate sheet and is given an exhibit number.
After that comes Chapter 4, which relates to the judgment part and contains 5 rules.
Under the Twelfth Rule, every judgment must contain:
- Preface showing names of parties in FORM A;
- Tabular statement of FORM B;
- Appendix in FORM C stating:
- List of witness;
- Prosecution exhibits;
- Defense Exhibits;
- Court Exhibits;
- Material Objects.
Under the Thirteen Rule, the judgment shall contain points for consideration, decision and reason for such decision.
Under the Fourteenth Rule, if conviction is awarded, the judgment shall separately contain the offence involved and sentence awarded.
However, in case of acquittal, direction be given to release the accused unless he is in custody relating to some other case.
Under the Fifteenth Rule, the witness, exhibits and material objects have to be referred by their number in the judgment and not by their names.
Under the Sixteenth Rule, the judgment should be numbered serial-wise.
The last chapter is Chapter 5, which contains miscellaneous provisions and have 3 rules.
Under the Seventieth Rule, the bail application has to be disposed within 3 to 7 days of the first date of hearing and if it is not disposed within this period, presiding officer has to state reason for not disposing the same within the specified period.
Under the Eighteenth Rule, State Government have to appoint advocates to assist Investigating Officer during investigation, who shall not be public prosecutor.
Under the Ninetieth Rule, it provides for expeditious trial. It states for day-to-day trial once the examination has begun, until all the witnesses have been examined. If the court has to give adjournment, it shall record reasons for doing so.
Thus, with these directions, on the recommendations of various States and their High Courts, Supreme Court have framed these rules, in order to reduce the pendency and time taken in disposing criminal trials.