High Courts To Expeditiously Take Steps Of Incorporating The Draft Rules of Criminal Practice, 2021: Supreme Court [READ JUDGEMENT]

High Courts To Expeditiously Take Steps Of Incorporating The Draft Rules of Criminal Practice, 2021: Supreme Court [READ JUDGEMENT]
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The Supreme Court has recently directed the State Government & Union of India to carry out consequential amendments to their police & other manuals within six months from today as per the Draft Rules of Criminal Practice, 2021 (“Draft Rules”) by bringing into force appropriate forms & guidelines.

Full Judge bench of Hon’ble Chief Justice SA Bobde, Justice L Nageshwar Rao & Justice S Ravindra Bhatt have also directed to High Courts to take expeditious steps of incorporating Draft Rules, 2021 as part of the rules governing criminal trials, and ensure that the existing rules, notifications, orders and practice directions are suitably modified, and promulgated (wherever necessary through the Official Gazette) within 6 months from today.

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 months.”, the Bench remarked.

The Bench in the present matter, issued directions in a suo moto proceeding initiated under Art 32 during the course of hearing of a criminal appeal where the Court noticed noticed common deficiencies which occured in the course of criminal trials and certain practices adopted by trial courts in criminal proceedings as well as in the disposal of criminal cases and causes. The deficiencies pertained to the manner in which the documents such as list of witnesses, list of exhibits, list of material objects were presented and exhibited in the judgment, the lack of uniform practices in regard to preparation of injury reports, deposition of witnesses, translation of statements, numbering and nomenclature of witnesses, labeling of material objects, etc. In this regards, the Court noticed that the certain High Courts did not formulate their rules on these aspects whereas many other High Courts had not framed such rules which led to a lack of clarity and uniformity in regard to the presentation of trial court proceedings and records, for the purpose of appreciation at the High Court level and eventually, before this court.

The Court on March 30, 2017 after noting various salient aspects and flagging inadequacies in the practices and rules of High Courts issued notice to the Registrar Generals of all High Courts, Chief Secretaries and Administrators of States and Union Territories as well as Advocates General, Additional Advocates Generals and Senior Standing Counsel of all states and Union Territories. Senior Advocate(s) Mr Siddharth Luhtra & Mr R Basanth were appointed as amicius curiae & thereafter On 20.02.2018, Ld Counsel Mr. K. Parameshwar was also appointed as amicus curiae to assist the senior counsel.

All concerned State Governments and Union Territories as well as High Courts through their Registrar Generals were called upon to submit their responses along with suggestions & After considering the suggestions made during the colloquium, the amici curiae submitted the “Draft Rules of Criminal Practice, 2020” for the Court’s consideration.

Observations of the Court

With respect to List of Documents & Statements supplied to accused at the Commencement of Trial

The Court opined that while furnishing the list of statements, documents & material objects under Sections 207/208, Cr. PC, the Magistrate should ensure that a list of other materials, (such as statements, or objects/documents seized, but not relied on) are furnished to the accused. This would give the accused an opportunity to seek for appropriate orders under the CrPC for production of the materials which he/she thinks are necessary for proper & just trial.

The appropriate rule in this regard as per the Draft Rule is:

“Supply Of Documents Under Sections 173, 207 And 208 Cr.PC

Every Accused shall be supplied with statements of witness recorded under Sections 161 and 164 Cr.PC and a list of documents, material objects and exhibits seized during investigation and relied upon by the Investigating Officer (I.O) in accordance with Sections 207 and 208, Cr. PC.

Explanation: The list of statements, documents, material objects and exhibits shall specify statements, documents, material objects and exhibits that are not relied upon by the Investigating Officer.”

With respect to the practice adopted in all trials being guided by Bipin Shantilal Panchal v. State of Gujarat (2001) 3 SCC 1

With respect to the objections regarding questions to be put to witnesses: The Bench opined that the rule in Bipin Shantilal Panchal v. State of Gujarat (2001) 3 SCC 1 required reconsideration.

The presiding officer therefore, should decide objections to questions, during the course of the proceeding, or failing it at the end of the deposition of the concerned witness. This will result in de- cluttering the record, and, what is more, also have a salutary effect of preventing frivolous objections. In given cases, if the court is of the opinion that repeated objections have been taken, the remedy of costs, depending on the nature of obstruction,and the proclivity of the line of questioning, may be resorted to. Accordingly, the practice mandated in Bipin Shantilal Panchal shall stand modified in the above terms.”, the Court observed.

Preliminary Case Hearing Management

In this regard, the Court opined that the Courts in all criminal trials should at the beginning of the trial i.e. after summoning of the accused, and framing of charges, hold a preliminary case management hearing. This hearing should take place immediately after framing the charges in which the Court should consider the total number of witnesses, and classify them as eyewitness, material witness, formal witness (who would be asked to produce documents, etc) and experts. The Court at that stage should also consider as to whether the parties are in a position to admit any document (including report of experts, or any document that may be produced by the accused, or relied on by her or him). If so, the exercise of admission/denial may be carried out under Section 294, Cr. PC, for which a specific date may be fixed. The schedule of recording of witnesses should then be fixed, by giving consecutive dates. Each date so fixed, should be scheduled for a specific number of witnesses. However, the concerned witnesses may be bound down to appear for 2-3 consecutive dates, in case their depositions are not concluded. In case any witness does not appear, or cannot be examined, the court should indicate a fixed date for such purpose. The recording of deposition of witnesses should then be taken up, after the completion of scheduling exercise.

Case Title: In Re: To Issue Certain Guidelines Regarding Inadequacies And Deficiencies In Criminal Trials v. The State Of Andhra Pradesh & Ors.

Penned By/Delivered By: Hon’ble Chief Justice SA Bobde

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