THE CRIMINAL RULES OF PRACTICE AND CIRCULAR ORDERS, 1958 (PART-I)
Preamble.- WHEREAS it is expedient to amend, consolidate and bring up to date the Criminal Rules of Practice and Orders, 1931, and incorporate therein the Orders, Notifications and Administrative Instructions issued, from time to time, by the Government and the High Court, in exercise of the powers conferred by Article 227 of the Constitution of India and of all other powers thereunto enabling, and with the previous approval of the Governor of Tamil Nadu, the High Court hereby makes the following Rules and Orders for the guidance of all Criminal Courts in the State.
PART I
CHAPTER I
PRELIMINARY
RULES UNDER OR IN MATTERS RELATING TO THE CODE OF CRIMINAL PROCEDURE
Definitions
1. In the Rules, unless there is anything repugnant in the subject or context—
“Government” means the Government of the State of Tamil Nadu;
“Code” means the Code or Criminal Procedure, 1895 (Central Act V 1898);
“Collector” means Collector and Additional District Magistrate; and
“The High Court” means the High Court of Judicature at Madras.
Hours of sitting
2. The Court shall ordinarily be from 10.30 a.m. to 5.30 p.m. with an interval for lunch from 1.30 p.m. to 2.30 p.m. Every Sessions Judge and Magistrate shall ordinarily commence the sitting not later than 11.00 a.m. each day and unless work of the day is disposed of earlier shall not rise except for a brief interval of luncheon before 5.00 p.m. If circumstances such as pressure of work so require, the Court may commence the sittings by 9.30 a.m. and continue until such hour as may be necessary:
Provided that no Court shall, on any day, be held before 7.30 a.m.
Judicial work on Sunday
3. Sunday shall be deemed a dies non and no cases shall be heard and no judicial act formally announced or done on a Sunday, save in cases of absolute urgency.
CASE LAW
The order of acquittal pronounced on Sunday is not without jurisdiction,
Sec: 1948 M.W.N. at page 576
Note.- Though the rules states that no judicial work should be transacted on Sunday, it does not mean the court has no jurisdiction to acquit the accused on Sunday and release him from custody. The rule provides for cases of absolute urgency only
Sitting to be in public Court-houses
4. The attention of all Criminal Courts are invited to the provisions of Section 352 of the Code. Judicial work so far as it relates to trials and enquiries shall ordinarily, be done in public Court-houses and not at the residences of the Judicial Officers except when a Magistrate is on tour, or when exceptional circumstances exist the conduct of public business elsewhere at the Court-house is not desirable.
5. Forms to be used. –
The forms prescribed by these Rules shall be used for the respective purposes therein mentioned with such variations as the particular circumstances of each case may require.
CHAPTER II
PROCESSES, SUMMONSES AND WARRANTS
6. Witness summons may be signed by Ministerial Officer. –
Summonses issued to witnesses and Jurors shall, ordinarily, be signed by the Chief Ministerial Officer. The words “By Order of the Court “- shall, invariably, be prefixed to the signature of the Ministerial Officer in such cases.
7. Accused summons to be signed by Magistrate. –
Magistrates shall themselves sign summonses to accused persons, in a proceeding instituted upon a complaint made in writing, the accused shall be furnished with a copy of such complaint as early as practicable and not later than the first occasion when he appears in Court.
(Note was renumbered as note (1) and note (2) was inserted by Permanental Disposal No.677 of 1965, High Court, Madras) Note [(1)] – The copy of the complaint may be sent with the summons or warrant issued to the accused under Section 204 of the Code.
(Note was renumbered as note (1) and note (2) was inserted by Permanental Disposal No.677 of 1965, High Court, Madras) [Note (2) – Complaints in this Rule with include Police report in non-cognizable cases and other complaints by departmental offices.]
Place of hearing to be stated
8. Every summons and every adjournment shall state the place in which the case to which it relates will be heard.
Plural to be used for persons summoned
9. In all summonses issued by the Criminal Courts in the regional language, the plural form of the pronoun shall be used in addressing the persons summoned.
Warrant to bear sign manual of Judge or Magistrate
10. The practice of using facsimile stamps for signing warrants or summonses is prohibited. All warrants should receive the sign manual of the Judge or Magistrate from whose Court they are issued.
Medical witnesses how to be summoned
11. (1) Summonses to the following classes of Medical Officers in the districts should be issued in the manner specified below:—
(i) Government Medical Officers in Government Medical Institutions.
(ii) Government Medical Officers in Local Fund and Municipal Taluk headquarters Medical Institutions.
(iii) Government Medical Officers lent for service in Local Fund and Municipal Medical Institutions.
(iv) Local Fund and Municipal Medical Officers.
(v) Rural Medical Practitioners in charge of Local Fund rural dispensaries (who are neither Local Fund servants nor Government servants.)
(vi) Honorary Medical Officers.
In the case of all these classes of Officers, summons should be served direct on the Medical Officers when their absence from the station is not involved, and the fact intimated to the District Medical Officer concerned for information.
(2) In cases involving absence from the station, summons should be served through the District Medical Officer in respect of all classes of Medical Officers referred to above except Honorary Medical Officers. The District Medical Officer, while forwarding the summons to the Medical Officers employed in Local Fund and Municipal Medical Institutions, whether they are Government servants lent to local bodies or are servants of the local bodies, should simultaneously send intimation to the President of the District Board, or the Executive Authority of the Municipal Council, through the Chairman concerned. The same procedure should be adopted in the case of rural Medical Practitioners also. The arrangement for the running of the medical Institution will be made by the District Medical Officer wherever he has to do so and, in other cases, by the President of the District Board or the Executive Authority of the Municipal Council, through the Chairman concerned.
(3) In the case of Honorary Medical Officers, the summons should be served through the Superintendent or Medical Officer in charge of the Medical Institution so that he may make necessary arrangements for the relieve of the Honorary Medical Officer.
(4) In all cases, where the time available is short or the Medical Institution distant, a telegram may be sent.
(5) In cases where the Superintendents of Hospitals and Civil Surgeons are required to attend Criminal Courts to give evidence on professional matters, the summons should be served on them direct when their absence from station is not involved, but the fact should be intimated simultaneously to the Director of Medical Services, Chennai. In the case of summons intended for District Medical Officers to attend Criminal Courts to give evidence on professional matters, the summons need not be sent through the Director of Medical Services, Chennai, except in cases in which their absence from their jurisdiction is involved.
(6) Presiding Officers of Courts should see that their special orders are taken before a summon is issued to a medical witness and that a convenient date is fixed for his examination. If there is more than one Medical Officer in a hospital, only one officer should, as far as possible, be summoned at a time.
If possible, it may be previously ascertained from the Medical Officer what time would best fit in with his professional duties. A medical witness should be summoned only when the presence of the accused is certain and when there is no likelihood of the case being adjourned for any other reason. The Presiding Officer of the Court should see that the time fixed for the examination of the Medical Officer is adhered to and that the absence of the Medical Officer from his duties is as brief as possible.
(7) Summons for attendance of the Chemical Examiner as a witness in a criminal case shall, invariably, be sent through the District Magistrate, who will then be able to satisfy himself whether the Chemical Examiner’s personal attendance to give evidence is essential.
(Inserted as per R.O.C. No.625/1997/F1) [Summon an officer of Secretariate of both house of parliament or state Secretariate
11A. Notwithstanding anything in the other rule, if any officer of an
LOKHSHABA/LEGISLATIVE ASSEMBLY /
RAJASHABA/LEGISLATIVE COUNCIL
or duly informed officer of the that secretariate presence as a witness is necessary for the presence of him no summons should be issued to
speaker of Lokhshaba/speaker of Legislative assembly /
speaker of Rajashaba/speaker of legislative council
for their address a request may be sent in the following form
To,
Sir,
sub: description about the proceeding
In the above said proceeding this court has decided to examine an officer of
LOKHSHABA/LEGISLATIVE ASSEMBLY /
RAJASHABA/LEGISLATIVE COUNCIL
secretariate or duly informed officer of the that secretariate with regard to the matter mentioned in the appendix. If you have no objection to permit him and for examing that said officer in my court, I request you to get the acceptance of the house, and if permission was granted, permit him to give evidence and to direct the said officer to attend my court on…………at 11.00 hours
Yours Sincerely]
Mode of Service
12. When the serving officer delivers or tenders a copy of the summons to the person sought to be served personally or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgement of service endorsed on the original summons. In the case of illiterate persons their thumb-impression should be taken.
(Inserted by P.Dis.No.869 of 1959 of Madras High Court) [Translation of processes
12A. When processes are sent for service to a place where the language is different from that of the Court issuing them, they should be accompanied by a translation into the language of such place or into English, certified by the transmitting Court to be correct. Where the return of service or report of non-service is in a language different from that of the issuing Court, it shall be accompanied by an English translation similarly certified.]
Service of notices issued by the High Court
13. All notices issued by the High Court under Sections 429 and 432 clause (2) of the Code are issued in duplicate and should be served as expeditiously as possible and the duplicate copy with the endorsement of service, if effected, should be transmitted to the High Court without delay.
Production of prisoners not permitted in some cases
14. No State prisoner or prisoner under sentence of death shall be removed under the Prisoners (Attendance in Courts) Act, 1955 from the Jail in which he may be confined without the special sanction of Government, except in the case of a prisoner under sentence of death whose presence is required by a Sessions Judge or High Court for the purpose of taking additional evidence in the case under Section 428 of the Code. In all other cases in which the evidence of such a prisoner is required, the Court shall proceed to Jail and there record the evidence of the prisoner, unless the Government have sanctioned his removal from the prison to the Court-house for the purpose.
Production of prisoners in other cases
15. (a) Any Criminal Court may, if it thinks that the evidence of any prisoner, other than that mentioned in rule 14 supra, is material in any matter pending before it, make an order in Judicial Form No. 81 directing the officer in charge of the prison wherein such prisoner is confined.
(b) Any Criminal Court may, if a charge of an offence against a person confined in any prison is made or pending before it, make an order in Judicial Form no 82 directed to the officer in charge of the prison.
Case in which accused has absconded
16. When process has been issued for the attendance of the accused, but the case has remained pending for a long time owing to his non-appearance, and the Magistrate is satisfied that the presence of the accused cannot be secured within a reasonable time, or when an accused person found to be of unsound mind is released under Section 466 (1) or detained in safe custody under Section 465 (2) of the Code, the Magistrate shall report the case for the orders of the District Magistrate, through the Sub-Divisional Magistrate, if any, and the District Magistrate may, if he thinks fit, order that the case shall be removed from the register of cases received and omitted from the quarterly returns. The case shall, however, then be entered in a separate register of long pending cases which shall be maintained by all Magistrates in Administrative Form No 26:
Provided that if the charge is withdrawn, or if the accused is reported dead, whether that be before or after the entry in the register of long pending cases, the case should be closed:
Provided further that if the District Magistrate is of opinion that the case against the absent accused is wholly false, he may direct that the case be omitted from the registers and the returns altogether, and he may, at any subsequent time, order the case to be entered in the register of long pending cases,
Cases in which some of the accused have absconded
17. When there are several accused persons in a case, and only some of them have appeared or been produced before the Court, if the Magistrate is satisfied that the presence of other accused cannot be secured within a reasonable time, having due regard to the right of such of the accused as have appeared to have the case against them enquired into without delay, he shall proceed with the case as against such of the accused as have appeared and dispose of it according to law. As regards the accused who have not appeared, he shall give the case a new number and enter IL in the register of cases received, and if it remains pending for a long time and efforts to secure the presence of the accused have failed and the case against the accused who have appeared has been disposed of, the Magistrate shall report the whole matter as regards all the accused to the District Magistrate through the Sub-Divisional Magistrate, if any, and the District Magistrate may direct that the case against the absent accused be removed from the “Register of long pending cases”, or if the District Magistrate is of opinion that the case against the absent accused is wholly false, he may direct that the case be omitted from the register and the returns altogether, provided that he may, at any subsequent time order the case to be entered in the register of long pending cases.
Procedure to be observed before transfer of a case to the register of long pending cases
18. Before directing the transfer of a case other than a case dealt with under section 466 (1) or (2) of the Code to the “Register of long pending cases”, the District Magistrate shall satisfy himself that all reasonable steps have been taken to follow the procedure prescribed in sections 87 and 88, and also, when practicable, that provisions of section 512 of the Code have been complied with.
Procedure on appearance or production of accused
19. If subsequently the absent accused or any of them are produced or appear before the Magistrate, or the accused who was insane ceases to be insane, the case against them shall be registered under a new number.
Cases where an accused has absconded after appearance
20. Rule Nos. 16 to 19 shall apply, as far as may be, to cases where an accused person has appeared, but has subsequently absconded.
CHAPTER III
INVESTIGATION AND PROSECUTION BY POLICE
Head Constables when to hold investigation
21. Head Constables in charge of Police out-posts are empowered to hold investigations under Section 174 (1) of the Code. Such investigation should, however, whenever possible, be held by the Sub-Inspector and in his absence ordinarily by the Village Headman who is empowered to do so under Section 174 (4) of the Code; and head constable in charge of outposts should conduct these investigations in the absence of the Sub-Inspector only in cases where the Village Headman is absent or where serious delay would occur in obtaining his services.
Investigation by Police
Approval of the Collector in cases of prosecution of Government servants
23. All cases in which the prosecution of a Government servant is contemplated by the Police should be reported to the Collector before the prosecution is instituted. This rule shall not, however, apply to cases of Police subordinates prosecuted under the Tamil Nadu District Police Act, 1859.
Police Officers who can prosecute
24. No officer below the rank of a Head Constable shall be permitted to conduct a prosecution under Section 495 of the Code.
Note.- Before permitting Head Constables under this Rule to conduct prosecutions, the Magistrates should satisfy themselves that the cases are of a simple character, such as can be properly entrusted to them and that the services of the ordinary prosecution staff are not available.
Reasons for ordering remand to be noted
25. Whenever a Magistrate other than the District or Sub-Divisional Magistrate remands an accused person to the custody of the Police under Section 167 of the Code, a copy of the order of remand with the recorded reasons therefor shall be forwarded within 24 hours to the Magistrate to whom he is immediately subordinate.
Computing the period of remand
26. In computing the period of J 5 days mentioned in Section 167 (2) or the proviso to Section 344 of the Code, both the day on which the order of remand is made and the day on which the accused is ordered to be produced before the Court should be included.
Report on remand to custody to be made to the High Court and the Collector
27. When an accused is brought before a Subordinate Court under Section 427 of the Code, the Court shall explain fully to him the provisions of Rules 241 and 254 and the procedure of the High Court with regard to the posting and hearing of appeals embodied in Rules 220, 225 and 227. If the accused is remanded to custody, the Court shall, forthwith, report the action taken to the High Court, and if the warrant issued by the High Court was a bailable warrant, also state its reasons for remand and shall forward a copy of the said report to the Collector who will communicate with the Public Prosecutor, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai]
How complaints to be received
28. Complaints of offences, whether oral or in writing, shall be received on all working days at fixed hours by the Magistrate having jurisdiction to receive them. When the complaint is in writing, the complainant shall present along with the complaint as many copies on plain paper of the complaint as the number of the accused persons complained against.
MEMORANDUM OF APPEARANCE
Pleader to file Vakalatnama for prosecution and Memorandum of appearance for defence
29. (1) Every Pleader, as defined in section 4 (r) of the Code other than an Advocate or a Public Prosecutor, appearing for the prosecution in any criminal proceeding other than a Criminal Appeal shall file in Court a vakalatnama from his client authorising him so to appear. In all Criminal Appeals, such pleader may file a Memorandum of appearance instead of a vakalat. Every such pleader defending an accused person and every Advocate appearing in any criminal proceedings in any Court shall be required to file a Memorandum of appearance containing a declaration that he has been duly instructed to appear by, or on behalf of, the party, whom he claims to represent.
Note.- The High Court considers that the submission of written arguments in any proceeding is improper and should not he permitted.
Vakalath Nama
Vakalath Nama
(2) Save as provided in sub-Rule (4) of this Rule, every vakalatnama shall be executed, or its execution attested before a Judicial functionary or a Notary appointed under the Notaries Act, 1952 a member of a Panchayat Court, a Gazetted Officer, a member of the Legislative Council or of the Legislative Assembly of the State or a member of the District Board or Panchayat constituted, respectively, under the Tamil Nadu Village Panchayat Act, 1950 (Now, the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), a Municipal Councillor, an Assistant Monigar or other Assistant Village Headman, or a retired Gazetted Officer receiving pension from the Government, or retired non-gazetted officer receiving pension from the Government, who has served as a Sub-Magistrate or as Additional First Class Magistrate prior to his retirement, or any Superintendent of the office of the Commissioner for the Tamil Nadu Hindu Religious and Charitable Endowments, (Inserted by P.Dis.No.383/1967, High Court, Madras) [or an advocate or pleader other than the advocate or pleader who has been engaged in such proceedings] or in the City of Chennai before any Sub-Registrar, who shall subscribe his own signature adding his designation on the vakalatnama in authentication of its execution or attestation.
(3) Provided that when a vakalatnama is executed by any person, who appears to the officer before whom it is executed or the execution is attested, to be illiterate, blind or unacquainted with the language in which the vakalatnama is written, the officer shall certify that the vakalatnama was read, translated or explained in his presence to the executant, that he seemed la understand it and that he made his signature or mark in the presence of the officer.
(4) When the executant of a vakalatnama is himself a public officer of whose signature a Court must take judicial notice authentication on the vakalatnama shall not be necessary.
(5) A statement of the pleader’s address of service shall be endorsed on the vakalatnama and subscribed with his own signature by the Pleader.
Note: In the case of Sub-Registrars, the Government direct that they shall attest the execution of vakalatnama only in cases in which they know the parties personally or in which the vakalatnamas are presented by persons who appear before them for the registration of documents and whose identity has been proved in connection with the registration of those documents and they shall not hold special inquiries in this connection.
CASE LAW
Vakalat need not be filed in a Criminal Appeal, for proper presentation Memorandum of appearance is sufficient.
See: 1924 M.W.N. at page 51
Appointment of Pleader to continue for getting copies of judgments, etc.
3. Notwithstanding the termination of all proceedings in the trial or enquiry, the appointment of Pleader in a criminal case shall, unless otherwise provided for therein of the party engaging him or of the Pleader or by revocation in due course, be deemed to authorise him to appear or to make any application or to do any ad in connection with getting copies of judgments or other documents.
A Pleader or an Advocate shall not be entitled to take delivery of property or documents on behalf of his client in the absence of provision for such delivery in his vakalat, or a power of attorney specially authorising him to take delivery of the property or documents.
AFFIDAVITS
Before whom may be sworn
31. Affidavits intended for use in judicial proceedings may be sworn before any Court of Magistrate, including a Village Magistrate or a Notary appointed under the Notaries Act, 1952 or a member of a Panchayat Court, or a Sub-Registrar, Nazir or Deputy Nazir or Assistant Nazir, or a member of the Legislative Council or of the Legislative Assembly of the State or a District Board Member or a Municipal Councillor or a retired Gazetted officer receiving pension from the Government or a retired non-Gazetted officer receiving pension from the Government who has served as a Sub-Magistrate or an Additional First Class Magistrate prior to his retirement or any Superintendent of the office of the Commissioner for the Tamil Nadu Hindu Religious and Charitable Endowments (Inserted by P.Dis.No.383/1967, High Court, Madras) [or an advocate or pleader other than the advocate or pleader who has been engaged in such proceedings.]
Filing
32. Before any affidavit is used, it shall be filed in Court, but the Judge may, with the consent of both the parties, or in case of urgency, allow any affidavit to be presented to the Court and read on the hearing of an application.
Form
33. Every affidavit shall be drawn up in the first person and divided into paragraphs numbered consecutively, and each paragraph, as nearly as may be, shall be confined to a distinct portion of the subject.
Description of deponent
34. Every affidavit shall state the full name, age, description and place of abode of the deponent, and shall be signed or marked by him. The description shall include the father’s name and the caste of the deponent.
Writing to be on both sides and each page to be signed
35. Where an affidavit covers more than one sheet of paper, the writing shall be on both sides of the sheet and the deponent shall sign the name at the foot of each page of the affidavit.
MISSING PAGE NOS. 34 & 35
Affidavit stating matter of opinion
40. Every affidavit stating any matter of opinion shall show the qualification of the deponent to express such opinion, by reference to the length of experience, acquaintance with the person or matter to which the opinion is expressed, or other means of knowledge of the deponent.
Affidavit on information and belief
41. Every affidavit containing statements made on the information or belief of the deponent shall state the source or ground of the information or belief.
Documents referred to in affidavit
42. Documents referred to in affidavit shall be referred to as exhibits and shall be marked in the same manner as exhibits admitted by the Court and shall bear a certificate signed by the officer before whom the affidavit is taken.
Cross-examination on affidavit
43. The Court may, at any time, direct that person shall attend to be cross-examined on his affidavit.
Oaths
44. Forms (1) and (2) under each of the headings I, II and III are to be used in case of Christian witness, deponents, interpreters and Jurors. In the case of Hebrews, the same forms shall be used, the Pentateuch being substituted for the Bible.
Christians or Hebrews to select the form of oath
The officer whose duty it is to administer the oath shall inform each Christian or Hebrew witness, deponent, interpreter or Juror, as the case may be, of the two forms of oath which are permissible the form which involves kissing the book and the
MISSING PAGE NOS. 38 & 39
“A.B., the evidence you shall give to the Court touching the matters in question, shall be the truth, the whole truth, and nothing but the truth. So help you God.”
(3) Form of affirmation—
The witness shall say as follows:—
“I, A.B., solemnly affirm in the presence of Almighty God that the evidence I shall give to the Court touching the matters in question, shall be the truth, the whole truth and nothing but the truth.”
(4) Form of affirmation for children and persons who object to use Form No. (3):—
The witness shall say as follows:—
“I, A.B., solemnly, sincerely and truly declare and affirm that the evidence I shall give to the Court touching the matters in question shall be the truth, the whole truth and nothing but the truth.”
II. OATHS AND AFFIRMATIONS TO BE TAKEN BY THE DEPONENT TO AN AFFIDAVIT:
(1) Form of oath—
The deponent shall, after signing his name, stand up and raise his right hand above the head and shall repeat the words following:—
“I swear by Almighty God that that is my name and handwriting, and that the contents of this my affidavit are true.”
MISSING PAGE NOS. 42 & 43
III. OATHS AND AFFIRMATIONS TO BE ADMINISTERED TO AN INTERPRETER OTHER THAN A COURT INTERPRETER:
(1) When the evidence is to be given vim voce—
The oath or affirmation shall be administered in the manner prescribed by Part I of the Rules except that this substance of the oath or affirmation shall be:—
“I shall well and truly interpret the oath that shall be administered, and the questions that shall be put to the witness, as also the answers that he shall make to all such questions, to the best of my skill and knowledge.”
(2) Where the evidence is to be given upon affidavit or affirmation—
The oath or affirmation shall be administered to the interpreter in the manner prescribed by Part I of the Rules except that the substance of the oath or affirmation shall be:—
“I well understand the language, and I have truly, distinctly and audibly interpreted the contents of this affidavit (or affirmation) to the deponent A.B., and I will truly and faithfully interpret to him the oath (or affirmation) about to be administered to (or made by) him.”
IV. OATHS AND AFFIRMATIONS TO BE TAKEN BY THE JURORS:
(1) Form of oath—
The Juror shall stand lip and raise his right hand above his head while repeating the following words:—
“I swear by Almighty God that I will judge truly between the State and the prisoner at the Bar, and will give a true verdict according to the evidence.”
MISSING PAGE NOS. 46 & 47
Public Prosecutor to oppose appeal always unless otherwise directed by the Collector
47. The Public Prosecutor has been appointed as the proper person to whom notice of appeal shall be given by Courts of Sessions under section 422 of the Code, He should appear in every such appeal unless he receives instructions to the contrary from the Collector.
Public Prosecutor, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], to be consulted for instructions
48. On receipt of notice of an application for bail under Section 427 of the Code, the Public Prosecutor, concerned shall consult the Public Prosecutor, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], and obtain his instructions.
Collector to decide fee
49. The Collector will determine what fee is payable to the Public Prosecutor under the Rules.
Service of Public Prosecutor, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], in the districts
50. If the services of the Public Prosecutor, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], are required in a Criminal Court in the districts, the Collector shall make all application there for to the Government in the Home Department.
Sessions Judge to report appointment of Public Prosecutor
51. Every appointment of a Public Prosecutor shall be reported to the High Court by the Sessions Judge of the district concerned who shall also forward for its information a copy of the order of appointment.
TRANSFERS
Transfer of a Sessions trial
52. (1) When a Collector considers that a Criminal case should be transferred from the Court of the Sessions Judge having jurisdiction within his district he shall address the Public Prosecutor, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], requesting him to make one or more of the motions indicated in sub-clauses (i), (ii), (iii), (iv) of sub-Section (1) of Section 526 of the Code. It should be stated under which clause (a), (b), (c), (d), or (e) of the above sub-Section the case fails, and the reasons for requesting that a motion for transfer should be made, should be stated in full detail.
(2) Before moving the High Court, the Public Prosecutor shall refer the request to the Government expressing his opinion thereon and shall obtain their orders,
Application for transfer to be filed as Criminal Miscellaneous Petition
53. Every application for transfer of a case presented independently or against an order of subordinate Criminal Court making or refusing to make an order of transfer shall be filed and registered as Criminal Miscellaneous Petition and not as Revision Petition.
COMMISSIONS
Commission issued by Courts in Pondicherry State
54. Until otherwise ordered, Commissions in Criminal cases issued by the Courts in the Pondicherry State for the examination of witnesses residing within the jurisdiction of any Criminal Court in this State shall be executed by such Court free of cost, any expenditure incurred on account of the batta and travelling expenses of witnesses debited to the Contingent Fund of such Courts.
Deposition when to be signed by witness
55. Though the Code does not provide that the record of the depositions or witnesses should be signed by them, the practice of requiring them to sign the record of their depositions when taken down in their own language, should be continued.
CASE LAW
The Magistrate reading the deposition of a witness after the day’s work is an illegality vitiating the trial.
See: 49 W. 71 ; 1927 M.W.N. at page 123 (P.C.)
Asking the witness to go through his own evidence is not compliance with the Section, and it is desirable that the deposition be read over so that, the accused or his pleader can hear them and have an opportunity of correcting them.
See: 54 I.A. at page, 96 (P. C.).
Evidence as to the age of the accused
56. In every case in which the precise age of an accused person is relevant to the determination of the sentence or order to be passed, evidence should be taken on the question and whenever necessary the opinion of a medical expert should be obtained.
Evidence of a gosha woman
57. When the deposition of a gosha woman has to be taken the court should, if necessary, adjourn to a place where the witness can be examined with due regard to her privacy, in the presence of the accused, precautions being of course taken to make sure of her identity.
Allowing witness to sit or stand
58. It is entirely within the discretion of the presiding Judge to require a witness to stand or permit him to sit.
Certain departmental officers to be allowed to sit in Court
59. Head Constables, Sub-inspectors of Salt and Excise Department and Foresters of the Forest Department should, like Pleaders, be allowed a seat when conducting cases in Court and be addressed in the honorific plural.
Police not to interpret evidence
60. Police officers should not as a Rule, be employed to interpret the evidence of witnesses in cases prosecuted by the police.
(Substituted P.Dis.No.264/70 of Madras High Court) [Charges for interpretation
61. All Sessions Judges, Chief Judicial Magistrates and the Chief Metropolitan Magistrate, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], are authorised to incur expenditure upto a limit not exceeding Rs. 40/- on the first day of attendance and Rs. 25/- for each day of subsequent attendance in Court in each case subject to a ceiling of Rs. 145/- on account of interpretation of evidence given in a language not understood by the accused or in a language other than the language of the Court and not understood by the pleader of the accused or by the Court. The Judicial Magistrates and the Chief Metropolitan Magistrate, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] are also empowered within the limit prescribed, to pass similar charges incurred by the Magistrates subordinate to them.
Sessions Judges, Chief Judicial Magistrates and the Chief Metropolitan Magistrate, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] shall report to the High Court, Chennai, the expenditure incurred under this rule, as and when it is incurred.
Explanation.—The provisions of the foregoing paragraphs shall also apply to cases of interpretation of the statements made by the deaf and dumb or the dumb and to the payment of remuneration to an expert interpreting such statements.]
Marking of exhibits
62. (1) Exhibits admitted in evidence shall be marked as follows:—
(i) If filed by prosecution, with the capital letter ‘P’ followed by a numeral P1, P2, P3, etc.;
(ii) If filed by the defence, with the capital letter ‘D’ followed by a numeral D1, D2, D3, etc.;
(iii) If Court exhibits, with the capital letter ‘C’ followed by a numeral C1, C2, C3, etc.;
(2) All the exhibits filed by several accused shall be marked consecutively. All material objects should be marked in Arabic numbers in continuous series whether exhibited for the prosecution, or the defence, or the Court.
Production of case properties, and payment of transport charges in certain cases
63. Where case properties (including livestock) are entrusted to a party for being produced before Court at the time of hearing and are accordingly produced, the Judge or Magistrate may order the charges incurred for their production to be met by the State.
APPLICATIONS UNDER SECTION 520 (Now, refer Sections respectively of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)) OF THE CODE
Application under Section 520 (Now, refer Sections respectively of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)) of the Code to be filed as Criminal Miscellaneous Petition
64. Every application to 8. Criminal Court under Section 5201 of the Code should be registered as a Criminal Miscellaneous Petition and dealt with as such.
CHARGES
Charges of previous conviction to be set out separately
65. If it is proposed to prove several previous convictions against an accused person for the purpose of affecting his punishment, they should not be lumped in one head of charge, but should be set forth separately, each under a distinct head of charge.
Complaint how to be described in a charge
66. The person against whom an offence is alleged to have been committed shall be described in the charge by his name and not by his accidental position in the case as prosecutor or witness.
Reasons for adjournments to be stated
67. Every time an enquiry or trial is adjourned, an order of the Court in writing giving the reasons thereof shall be recorded. The reason for which an adjournment can be granted may either be the absence of a witness or any other reasonable cause as stated in Section 344 (Now, refer Sections respectively of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)) of the Code. Adjournments should not ordinarily be granted in order to give time to Pleaders to prepare their address to the Court as this will lead to unnecessary delay in the disposal of cases.
APPLICATIONS AND APPEALS UNDER SECTIONS 476, 476A & 476B AND 485 OF THE CODE (Now, refer Sections respectively of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974))
Applications and appeals under Sections 476, 476A and 476B and 485 of the Code
68. Every application made to a Criminal Court under the provisions of sections 476, 476A, 476B and 485 of the Code and every appeal filed against an order made under the above sections, filed in a Court of Session against an order of a Court of Small Causes in the districts under section 486 of the Code shall be registered as a Criminal Miscellaneous Petition and a Criminal Appeal respectively. The jurisdiction of a Civil Court dealing with such applications and appeals are of a Criminal nature and the procedure of the Court in dealing with them will be governed by the Code. Such applications and appeals can however be registered as Miscellaneous Petitions and Miscellaneous Appeals in the Civil Courts.
This rule applies to Revision Petitions also.
CASE LAW
This Rule which prescribes a different procedure in case or appeals filed under Sect ion 4768 of the Code of Criminal Procedure, 1898 is not in consonance with procedure.
See: I.L.R. 1939 M. at page, 439. See also 57 M, at page 177.
CHAPTER IV
MAGISTRATES’ COURTS
PRIVATE PLEADERS
Private Pleaders
69. The Code gives to every Magistrate a discretion to permit persons, other than legal practitioners authorised by any other law to practice in such Court to act in criminal proceedings before him. This discretion is to be exercised by the Magistrate according to the circumstances of each individual case, and in deciding whether permission should be given or not, the character or the person appointed is one of the matters to be taken into consideration. It would be a wrong use of the discretion to grant such permission to a person of bad character or to one who has been convicted of a criminal offence, or whose character or conduct is such that he would have been suspended or dismissed if he had been a regular pleader.
When private pleaders may be permitted
70. The practice of allowing unlicensed persons to appear as pleaders systematically and as a matter of course is reprehensible. Having regard to the large number of qualified practitioners now available in every part of the State, the discretion to permit “private pleaders” to appear and argue cases should be exercised as sparingly as possible, and when such permission is granted the reasons for granting it, must be recorded in writing. In general, no person who is not a qualified legal practitioner should be permitted to act except to prevent a possible miscarriage of justice:
Provided always that these instructions shall not apply to persons who prior to 18th October 1899 were practising as private pleaders.
One of the accused may be permitted to act for others
71. Where several accused convicted by a Court in a Criminal Case (including proceedings under Chapter VIII of the Code of Criminal Procedure) desire to prefer an appeal petition against the Judgment or order, the Appellate Court may permit anyone of them to act for the others in such appeal, on production of a letter of authority containing the signature or left thumb-impression of the persons giving it.
Village Magistrates not to record confession
72. Village Magistrates are absolutely prohibited from recording or writing any confession or statement whatever made by an accused person after the Police investigation has begun.
Confession must be before a salaried Magistrate
73. An accused person desiring to make a confession shall ordinarily be produced by the Police before a salaried Magistrate of the First or Second Class.
Mode of recording confession
74. (1) No Magistrate shall record any statement made by an accused person under section 164 of the Code until the Magistrate has explained to the accused person, that he is under no obligation at all to answer any question and that he is free to speak or to refrain from speaking as he pleases, and until the Magistrate has warned the accused person that it is not intended to make him an approver, and that anything said by him will be taken down and thereafter be used against him.
(2) The Magistrate shall record the statement in open Court and during Court hours save for exceptional reasons to be recorded in writing.
(3) Every question put to the accused person and every answer made by him shall be recorded in full.
(4) An accused person who has been produced before a Magistrate for the purpose or making a confession and who has declined to make it or has made a statement which from the point of view of the prosecution is unsatisfactory shall not be remanded to Police custody.
If he is remanded to other custody the Investigating Police Officers shall not except in the presence of the Magistrate be allowed either to sec him again or to have any further communication with him.
CASE LAW
Confession is not to be rejected merely because a formal question set out in the rule was not asked.
See: I.L.R. 1938, Mad. at page, 348.
Magistrate not complying with provision, of the rule but deposing that he was sure that accused confessed voluntarily is not inadmissible.
See: 1932 M.W.N. at page, 714
Nothing in the Rule that administration of warning should be recorded, Omission does not invalidate confession.
See: 1937 M.W.N. at page, 560
Omission to observe anyone of requirements does not vitiate confession if properly recorded under Section 164 Cr. P. Code.
See: 1937 M.W.N. at page, 977
Omission to observe the Rule shall not per se invalidate the confession without regard to the other circumstances.
See: 1935 M.W.N. at page, 809
Recording statement of persons other than accused
75. (1) Magistrates empowered under section 164 of the Code shall comply with the least practicable delay with the requisition in writing signed by a Police Officer not below the rank of a Sub-Inspector to record statements of any person other than an accused person.
(2) If a Magistrate who has not been empowered under Section 164 of the Code receives a requisition horn a Police officer to record such statements under section 164 of the Code, the Magistrate shall forthwith return the requisition to the Police officer with an endorsement, that the magistrate has not been empowered to record the statement under section 164 of the Code.
Note.—Except in cases of absolute urgency e.g., when a dying declaration has to be recorded, etc., the requisitions referred to in paragraphs 1 and 2 above shall normally be made to the District Magistrate or Sub-Divisional Magistrate or the Sub-Magistrate other than the Magistrate, having territorial jurisdiction whom the District Magistrate has nominated for the purpose.
(3) Such statements shall be recorded in open Court and during Court hours save for exceptional reasons to be recorded in writing.
(Substituted by P.Dis.No.114/63, High Court, Madras) [(4)] Magistrates may draw the actual conveyance charges incurred on account of journeys made by them for the purpose of recording dying declarations, from their office contingencies as provided in item II (A) (2) of Appendix 7 to the Tamil Nadu Financial Code, Volume II. Such expenditure should be classified as “Office Expenses” under “21. Administration or Justice—h. Criminal Court”).
REMANDS
Remands
76. (Substituted to P.Dis.No.210/63, High Court, Madras) [(1)] Magistrates shall not grant remands to police custody unless they are satisfied that there is good ground for doing so, and shall not accept a general statement made by the investigating or other Police Officer to the effect that the accused may be liable to give further information. A request for remands to Police custody shall be accompanied by an affidavit setting out briefly the prior history of the investigation and the likelihood of further clues which the Police expect to derive by having the accused in custody, sworn to by the investigating or other Police Officer, not below the rank of a Sub-inspector of Police. Magistrates may decide alter perusal of the affidavit, magistrates shall personally see and satisfy themselves about the accused being sound in mind and body before entrusting him to Police custody and also at the end of the period of custody by questioning him whether he had in any way been interfered with during the period of custody, when the object of a remand is verification of the statement of an accused, he shall, whenever possible, be remanded to the charge of a magistrate; and the period of remand shall be as short as possible.
(2) When application for remand is made to a Magistrate of a Class lower than the Second Class, the Magistrate shall direct the Police to go to a Magistrate of a higher Class.
(3) It is the duty of Magistrates, who remand accused person to custody other than that of Police, and of Magistrates in exclusive charge of sub-Jails to which the accused persons are remanded, to guard with the greatest care against the possibility of any undue influence.
(Substituted by P.Dis.No.114/63, High Court, Madras) ((4)] Where an accused, detained in hospital, is not in a position to be moved and produced before the Magistrate concerned the appropriate procedure would be for the Magistrate to proceed to the hospital, see the accused person and order an extension of the remand.
Magistrates may draw the actual conveyance charges incurred by them on such trips” from their office contingencies as provided in item II(A) (2) of Appendix 7 to the Tamil Nadu Financial Code, Volume Il. Such expenditure should be classified as ‘Office Expenses’ under “21. Administration of Justice—h. Criminal Courts.”]
Diary
77. Every Magistrate shall maintain a diary in Administrative Form No. II. The diary shall show the time at which the criminal proceedings of each day commenced and the time at which they ended, and shall indicate clearly the progress made in the hearing of each case in the order in which each was taken up. The entries shall be initialled by the Magistrate on the day to which they relate.
Extracts
78. When a ease is committed for trial before the Court of Session or referred to another Magistrate, an extract from this diary shall be placed with record.
Power to call for original diary
79. It shall be competent to the Sessions Judge, or the District Magistrate, or, other First Class Magistrate upon cause shown, to call for the original diary of any Subordinate Magistrate, in order to satisfy himself that the extract submitted is a correct transcript of the entries relating to the case, or that such entries have not been subsequently altered.
PRELIMINARY ENQUIRIES
Forwarding a statement to Sessions Court when a Sessions Case is dismissed or accused is discharged
80. Where a person accused of an offence triable only by the Court of Sessions is discharged or the complaint against him is dismissed the Magistrate shall forward within 48 hours to that Court a statement of the case in Administrative Form No. 29.
A statement of the case to be placed with committal records
81. When committing an accused person for trial before a Court or Sessions, the Magistrate shall place with the record a statement of the case in Administrative Form No. 29.
Cases which can be adequately dealt with by the Magistrate not to be committed to Court of Sessions
82. Charges which are triable either by a Magistrate of the First Class or a Court of Sessions should as a rule be laid before the First Class Magistrate and not before a (Substituted by P.Dis.No.366/97, High Court, Madras, for the words “Second or Third Class Magistrate) [Magistrate of a lower class] who can only deal with the offences by way of committal to the Court of Session. If the First Class Magistrate finds that owing to the existence of aggravating circumstances, he cannot pass any adequate sentence, he can commit the accused to the Court of Session under Section 347 (Now, refer Section 323 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) of the Code.
Case under Section 348 (Now, refer relevant Sections of the Code of Criminal Procedure, 1973) of the Code
83. Cases in which persons accused of offences punishable under Chapter XII or Chapter XVII of the Indian Penal Code with imprisonment for a term of three years or upwards, such persons having been previously convicted of offences punishable under either of those Chapters with imprisonment for a term of three years or upwards, shall not be forwarded by Subordinate Magistrate to District or Sub-Divisional Magistrates under Section 349 (Now, refer relevant Sections of the Code of Criminal Procedure, 1973) of the Code, but shall be committed to the Court of Sessions under Section 3481, if the Magistrate trying the case is of opinion that he cannot himself pass an adequate sentence.
Cases triable by a Court of Session or Magistrate of First Class
84. To prevent the time of Courts of Session being taken up in trying cases which could be adequately disposed of by a Magistrate of the First Class, all such charges should be laid before, or transferred to, a Magistrate of the First Class.
Cases wrongly dealt with under Section 3491 of the Code
85.. When a Subordinate Magistrate acts irregularity under Section 349 (Now, refer relevant Sections of the Code of Criminal Procedure, 1973) of the Code instead of proceeding under Section 348 (Now, refer relevant Sections of the Code of Criminal Procedure, 1973), it is open to the District Magistrate, if he thinks that a Magistrate of the First Class can pass an adequate sentence, to take the case on to his own file, or transfer it to that of some other first Class Magistrate, the proceedings in either case, of course, being taken de novo.
CASE LAW
Irregularity in proceeding under section 349 can be saved by reference under the rules or the District Magistrate.
See: 1941 M.W.N, at page, 524
Persons jointly charged to be committed if no jurisdiction to try any one
86. When two or more persons are jointly charged with an offence and the jurisdiction of the Magistrate is ousted in the case of one, the Magistrate should hold a preliminary enquiry and, if necessary commit both or all for trial before the Court of Sessions.
Committing Magistrates to give preference to preliminary enquiries
87. (i) Committing Magistrates should give preference to preliminary enquiries over other work and should hold such enquiries from day-to-day insofar as this is practicable.
(ii) In every case in which the time taken between the date of receipt of the charge sheet and the date of the committal order exceeds six weeks, the Committal Magistrate should furnish all explanation for the delay which should be attached to the copy of the committal order sent to the District Magistrate.
Witnesses etc. to be bound over to appear on a pre-arranged date
88. When a Magistrate (including a Metropolitan Magistrate) has decided to commit a case to the Court of Sessions he shall communicate with the Sessions Judge reporting the nature of the offence and the number of witnesses on each side. The Sessions Judge will then fix and intimate to the Committing Magistrate with the least possible delay a date for which the witnesses and the accused shall be summoned or bound over. This arrangement will obviate any unnecessary detention of witnesses and expenditure on batta such as would result if the case were committed and the witnesses bound over to appear on the first day of the sessions as a matter of course.
Committing Magistrate to warn accused of means to make arrangement for his defence
89. If the Committing Magistrate is of opinion that the accused is possessed of sufficient means to secure professional assistance for himself at the trial, the Magistrate shall inform him at the time of commitment that the employment of pleader to defend him at the trial rests with himself and shall record in the Preliminary Register that the accused has been so informed.
Transfer of cases to Third Class Magistrates
90. Third Class Magistrates (Now, there is no Third Class Magistrate and only Judicial Magistrate and Metropolitan Magistrate) who are not vested with the powers to take cognizance of offence under section (Now, refer relevant Sessions of the Code of Criminal Procedure, 1973) 190 of the Code or nevertheless competent to try cases transferred to them under Section (Now, refer relevant Sessions of the Code of Criminal Procedure, 1973) 192 or section (Now, refer relevant Sessions of the Code of Criminal Procedure, 1973) 528 of the Code.
Magistrate taking action under Section 144 of the Code to communicate the order to the Civil Court
91. Whenever a Magistrate takes action under section (Now, refer relevant Sessions of the Code of Criminal Procedure, 1973) 144 of the Code or any analogous provisions of law, he should immediately communicate a copy of his order to the Civil Court having Original Jurisdiction over the locality to which his proceedings refer. Similarly the Civil Court will communicate to the Magistrate having local jurisdiction any injunction issued by it with reference to matters which would fall within the scope of section (Now, refer relevant Sessions of the Code of Criminal Procedure, 1973) 144 of the Code.
Procedure under section 2250 of the Code
92. At the conclusion of the trial if the Magistrate means to take action under section (Now, refer relevant Sessions of the Code of Criminal Procedure, 1973) 250 of the Code, he shall call upon the complainant, if he be present to show cause why he should not be ordered to pay compensation under the section. If the complainant be not present, the Magistrate shall issue notice to him to appear on the day fixed for delivery of judgment to show cause why payment of compensation should not be ordered. If the complainant cannot be served with notice within a reasonable time or appears to be keeping out of the way, or having been served with notice, fails to appear on the appointed day, the Magistrate may proceed ex parte, and make an order under section (Now, refer relevant Sessions of the Code of Criminal Procedure, 1973) 259 if he deems fit to do so.
Medical witness when to be bound over
93. In all cases of murder, the committing Magistrate should bind over the medical witness, if any, to attend at the Court of Sessions at the trial unless grave inconvenience will be caused thereby. The Committing Magistrate could exercise a careful discretion in this matter, having regard on the one hand to the nature of the case and the character of the evidence expected to be given and on the other hand to the public inconvenience which might be caused by the absence of the Medical Officer from his station. The latter will depend largely on the length of time that the witness is likely to be kept away from his station and the means available for carrying on his duties during his absence.
If the medical witness is outside the station wherein the Committing Court is situate, he should be allowed to execute the muchilika before the nearest Magistrate with reference to his station. In such cases, the Committing Magistrate should send a requisition to the nearest Magistrate under advice to the medical witness. The Magistrate receiving the requisition should get the muchilika executed by the medical witness and transmit the same to the Committing Court without delay.
Preliminary register to show if medical witness has been bound over
94. The fact of the medical witness being bound over, and if he is not bound over, the special circumstances necessitating a departure from the above rule shall be noted in the Preliminary Register and in Administrative Form No.29.
Date for medical witness to be fixed by Sessions Judge to prevent undue detention
95. The Magistrate shall take particular care to arrange with the Sessions Judge to fix a date for the attendance of the medical witness. It will be the duty of the Sessions Judge to arrange that the absence of the Medical Officer from the ordinary duties is as brief as possible.
Sessions Judge may direct attendance of Medical witness
96. If the Magistrate has failed to bind over medical witness, it will be open to a Sessions Judge to direct his attendance if he considers it necessary.
Sub-Magistrate’s discretion to bind over medical witnesses to be supervised
97. Supervising Magistrates shall, on perusal of the Preliminary Registers, watch over and guide subordinate Magistrates in the exercise of their discretion as to binding over medical witnesses.
Classification of witnesses to be noted in the list
98. In sending up the list of witnesses in cases committed to Courts of Session, Magistrate shall note how each witness has been classed by him under the rules for the payment of the expenses of witnesses.
List of property
99. When any person is committed for trial before the Court of Session a descriptive list of any weapons, or other articles of property connected with the case shall form part of the record.
(Rule 99A was inserted and the word Presidency was substituted by the word Metropolitan Magistrates P.Dis.No.390/67 High Court, Madras) (Valuable property to be sent to Court of Session
99A. (i) In case the property connected with a case is a valuable one, the Committing Magistrate shall send it to the Court of Session through a responsible clerk.
(ii) The Court of Sessions should promptly have the valuable weighed utilising the madyastham Jeweller’s agency or an appraiser independent of the Police, in the presence of the said clerk of the Magistrate’s Court and the Head Clerk of the Sessions Court.
(iii) The weights of the valuables should be noted against each of the items in the Property Register in red ink and the valuables should be sent to the nearest Treasury for the safe custody:
Provided that where, in the opinion of the Presiding Officer in any particular case it would be more convenient to have the valuables in the iron safe of the Sessions Court, the Presiding Officer may so keep them in the custody or the Head Clerk till their disposal.
The above provisions will apply to the Courts of [Metropolitan Magistrates (Rule 99A was inserted and the word Presidency was substituted by the word Metropolitan Magistrates P.Dis.No.390/67 High Court, Madras)].
Committing Magistrates to report on means of accused
100. To enable the Court of Sessions to arrive at a decision as regards the second condition in Rule 166, the Committing magistrate shall in such case make enquiries and report in the preliminary register whether the accused has means to appoint a pleader, and if not, whether he is, in the opinion of the Magistrate, possessed of sufficient means to do so. Each case must be decided on its merits, and no hard and fast rule as to insufficiency of means shall be applied.
CHAPTER V
METROPOLITAN MAGISTRATES
GENERAL
(Substituted by P.Dis.No.171/87 High Court, Madras) [Hours of business for salaried Metropolitan Magistrates
101. The Office and Court shall adopt five days week pattern declaring all Saturdays as holidays. The Office shall work from 10.00 a.m. to 5.30 p.m. with an interval of an-hour for lunch from 1.30 p.m. to 2.30 p.m. The Magistrate shall sit in the Court from 10.30 a.m. to 5.30 p.m. with an interval for lunch from 1.30 p.m. to 2.15 p.m. If the circumstances, such as pressure of work, so require, the Court may continue the sittings until such hour as it may be necessary. The Chief Metropolitan Magistrate for the Egmore Court and such Metropolitan Magistrate, as the Chief Metropolitan Magistrate shall, from time to time, make suitable arrangements for the despatch of emergent business of the disposal of any arrears which may have accumulated owing to public holiday.]
Other Metropolitan Magistrates, subordinate to Chief Metropolitan Magistrate
102. For the purposes of sections 144 (4) (Now, refer Sections of the code of Criminal Procedure, 1973), 1922 and 528 (2) (Now, refer Sections of the code of Criminal Procedure, 1973) of the Code, the other Metropolitan Magistrates are subordinate to the Chief Metropolitan Magistrate.
Chief Metropolitan Magistrate may refer certain cases triable by a Metropolitan Magistrate to Benches of Magistrates
103. (i) The Chief Metropolitan Magistrate may, of his own motion, or on the application of any Metropolitan Magistrate, refer any case or class of cases, triable by a Metropolitan Magistrate, for trial by a Bench of two or more Magistrates; and may, by his order, appoint the time and place at which such Bench shall sit.
(ii) In regard to the recording of evidence and the judgment, the proceedings shall be conducted in a manner similar to proceedings before a single Magistrate and subject to the provisions of the Code.
Submission of reports, records, etc., to Chief Metropolitan Magistrates by other Metropolitan Magistrates
104. Every Metropolitan Magistrate shall submit such forms, records and reports and returns as may be called for by the Chief Metropolitan Magistrate.
Metropolitan Magistrates to submit copies of judgments to Chief Metropolitan Magistrate in certain cases
105. Except in cases dealt with under Sections (Now, refer Sections of the Code of Criminal Procedure, 1973) 204 (3), (Now, refer Sections of the Code of Criminal Procedure, 1973) 243, (Now, refer Sections of the Code of Criminal Procedure, 1973) 247, (Now, refer Sections of the Code of Criminal Procedure, 1973) 259, (Now, refer Sections of the Code of Criminal Procedure, 1973) 345 and (Now, refer Sections of the Code of Criminal Procedure, 1973) 494 of the code, all Metropolitan Magistrates shall, within five days from the date of judgment or order, send to the Chief Metropolitan Magistrate copies of all judgments and orders in the following classes of cases:—
The Indian Penal code (Central Act XLV of 1860)
Chapter VA — Criminal conspiracy
Chapter VI — Offences against the State
Chapter VII — Offences relating to the Army, Navy and Air Force
Chapter VIII — Offences against the public tranquility — Sections 147 to 158
Chapter IX — Offences by or relating to public servants — Sections 161 to 171
Chapter IX-A — Offences relating to Elections
Chapter X — Contempts of the lawful authority or public servants - Sections 176, 177 and 181.
Chapter XI — False evidence and offences against public justice
Chapter XII — Offences relating to coins and Government stamps
Chapter XV — Offences relating to religion
Chapter XVI — Offences affecting the human body — Sections 304-A, 317, 318, 324, 325, 327, 332, 335, 344 to 348, 353 to 355, 363, 365, 368, 369, 372, 373, 374 and 377.
Chapter XVII — Offences against property — sections 379 to 382, 384, 389, 392 to 394, 401, 403 to 411, 414, 417 to 420, 424, 427 to 432, 445 to 450, 454 to 458, 461 and 462.
Chapter XVIII — Offences relating to documents and trade or property marks
Chapter XX — Offences relating to marriage — sections 494, 497 and 498
Chapter XXI — Defamation
Chapter XXII — Criminal intimidation, etc. — sections 504, 506 and 509.
Cases under Special and Local Laws
1. The Indian Arms Act 1878 (Central Act XI of 1878).
2. The Indian Explosives Act 1884 (Central Act IV of 1884).
3. The (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] City Police Act, 1888 ((Substituted for the word “Madras” by the Tamil Nadu Act of 1969) [Tamil Nadu] Act III of 1888 - sections 37, 452, 46, 54 and 65).
4. The Prisons Act, 1894 (Central Act IX of 1894).
5. The Immoral Traffic Prevention Act, 1956 (Central Act 104 of 1956).
6. The Opium Act, 1878 (Central Act 1 of 1878).
7. The Dangerous Drugs Act, 1930 (Central Act Il of 1930).
The Code of Criminal Procedure, 1898 All proceedings under Sections 107, 109 and 110 (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [which are contested].
Copies of judgment and orders sent under this rule shall be accompanied by the information given in the Tabular (P.M. (Presidency Magistrate)) P.M. Form No. 64.
The Chief Metropolitan Magistrate shall maintain a register of calendars received in his office in (P.M. (Presidency Magistrate)) P.M. Form No. 65.
Chief Metropolitan Magistrate may call for explanation for delay in disposal of cases by other Magistrates
106. The Chief Metropolitan Magistrate is empowered to call for from any other Metropolitan Magistrate or Bench of Magistrates, remarks by way of explanation for the delay in the disposal of a case.
Power under the Indian Railways Act — Chief Metropolitan Magistrate and other Magistrates
107. The Chief Metropolitan Magistrate shall be the Magistrate to whom immediate information is to be given of accidents happening on the railways within the City of (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] as required by section 88 of the Indian Railways Act, 1890
The Metropolitan Magistrate will also exercise all Magisterial functions connected with the Railway Police, such as granting remands, etc.
Powers under the Fugitive Offenders Act
108. Metropolitan Magistrates in the City of (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] are authorised to exercise the powers conferred on a “Magistrate” by the Fugitive Offenders Act, 1881 (44 and45 Viet. Ch. 69.)
Magistrate who has taken cognizance of a case to try it unless otherwise directed by the Chief Metropolitan Magistrate
109. Cases of which a Magistrate has taken cognizance shall, in the absence of a specific order of the Chief Metropolitan Magistrate to the contrary, be heard by the same Magistrate.
Commissioner of Police, as Metropolitan Magistrate to act under Section 144 (Now, refer Sections of the Code of Criminal Procedure, 1973) of the Code
110. The Commissioner of Police, being a Metropolitan Magistrate ex officio under Section 7 of the (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] City Police Act, 1888 (Tamil Nadu Act III of 1888), is empowered to act under Section 144 (Now, refer Sections of the Code of Criminal Procedure, 1973) of the Code.
Complaints to be presented in person or by pleader
111. All complaints, applications, etc. shall be presented to the Magistrate by a party in person or by his pleader.
The complainant shall present along with the complaint as many copies on plain paper of the complaint as the number of accused persons complained against.
Oral complaint to be reduced to writing
112. Complaints made orally by persons unable to write should be reduced to writing in the presence and under the directions of the Magistrate and read over or interpreted to the party making them.
Certain matters not to be registered as cases but entered in the register of distress warrants, etc.
113. Matters not involving a trial or enquiry involving merely the collection of amounts recoverable as fines, e.g. application under Section 113 (4) of the Indian Railways Act, 1890 (Now, refer The Railway Act, 1996) shall not be filed as regular cases. They should be entered directly in the register of distress warrants, etc.
Facsimile impressions not to be used in complaints
114. Facsimile impressions in attestation of a complaint or for any purpose not specifically authorised by or under any law shall not be accepted.
Complaint in municipal cases
115. Every complaint under the (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] City Municipal Act, 1919 shall contain particulars of the fee or other sum of money leviable from accused and the Rule or By-law under which such amount is assessed.
Complaint in municipal cases to be accompanied by summonses
116. Every complaint under the (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] City Municipal Act, 1919 shall also be accompanied by summonses to accused in P.M. Form No. 15 with as many duplicate copies as are necessary. The columns for the date of hearing and the number of the case should be left blank, to be filled in later in the office of the Magistrate.
Fresh summonses — Copies to be filed by Corporation of (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai]
117. Where fresh summonses are ordered, the original and duplicate copies of such summonses shall be filed by the (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] Corporation in the office of the Magistrate within a week from the date of order.
Register of batta paid to prosecution witnesses in Municipal cases
118. A register showing the details of processes issued, and the amount of batta paid to witnesses for the prosecutions instituted by or on behalf of the Corporation of (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] shall be maintained in P.M. Form No. 71 and the cost of prosecution shall be recovered by short deduction from the annual payment made to the Corporation on account of compensation in lieu of Magisterial fines.
Issue of process fees to be paid
119. As soon as orders to issue process have been passed upon a complaint, it shall be sent to the Chief Clerk of the Court who will furnish the complainant with a notice, showing the amount of fees LU be paid as Court fee stamps and the latest date of filing or paying them.
Petition to excuse delay in paying process fees
120. Where a process fee is paid after the date fixed for payment, but before the complaint is dismissed under Section 204 (3) of the Code, a petition to excuse delay giving reasons for such delay shall be filed along with the notice and the Magistrate may pass such orders on the petition as he deems fit.
Date of hearing to be fixed and summons to issue
121. As soon as process are paid, the date of hearing shall be fixed and summonses issued to the accused.
Witnesses — Public servants — Convenient dates to be fixed
122. Where public servants are cited as witnesses as special orders of the Magistrate shall be taken in order to avoid unnecessary summoning and to fix a convenient date for their examination
Chief Clerks authorised to sign summonses
123. The Chief Clerks and Interpreters of the Courts are, under Section 68 (1) of the Code, authorised to sign summonses.
Sealing of summonses, warrants, etc.
124. When any provision of law or Rule requires that a document should be sealed with the seal or the Court, this shall be effected by affixing thereon the seal authorised for the Court and by having a seal printed as a part of the form.
Application for adjournment to be made when the Court commences work for the day
125. Every application for motion for adjournment of a case on the list should be made as soon as the Courts sit for the day to enable the Magistrates to settle the work for the day and get additional cases, if necessary, on their lists by an order of transfer by the Chief Metropolitan Magistrate.
Particulars to be noted in a deposition
126. The deposition of each witness, recorded by a Magistrate, shall bear at the head the name and age of the witness and at the foot the date or dates of his examination.
Custody of lunatics
127. The Medical Officer in charge of the Central Jail at Chennai shall be the Medical Officer by whom persons accused before Metropolitan Magistrates of offences and appearing to such Magistrates to be of unsound mind and incapable of making their defence are to be examined; and the Mental Hospital, (Substituted for the word “Madras” by the Tamil Nadu Act 28 or 1996) [Chennai], shall be the place in which persons accused and found to be of unsound mind and incapable of making their defence are to be kept in safe custody under Section 466 (Now, refer Sections of the Code of Criminal Procedure, 1973) of the Code, if the offences of which they are accused are non-bailable, or if sufficient bail is not given.
Mode of preparing Index
128. (1) An Index in P.M. Form No. 22 shall be put up with the record of every case on its first Institution and each paper as it is filed with the records shall be entered in such index except in the following cases:—
(a) All cases instituted in Bench Court and Juvenile Courts.
(b) Cases under the Tamil Nadu Traffic Rules, 1938, the Prevention of Cruelty to Animals Act, 1890, the (Substituted for the word “Madras” by the Tamil Nadu Act 28 or 1996) [Chennai] City Police Act, 1888, except those falling under Sections 34, 45, 46, 53, 64 and 65, the ((Substituted for the word “Madras” by the Tamil Nadu Act 28 or 1996) [Chennai] City Municipal Act, 1919, Prevention of Food Adulteration Act, 1955, The Tamil Nadu General Sales Tax Act, 1939, The Tamil Nadu Tobacco (Taxation of Sales and Licensing) Act, 1939, The Tamil Nadu Hackney Carriage Act, 1911, the Indian Railways Act, 1890, and The Tamil Nadu Motor Vehicles Taxation Act, 1931.
(2) Every record shall, after its completion and immediately before it is deposited in the record room, be checked with the index, and the bundle arranged and stitched together.
(3) All case records shall be destroyed at the end of the periods mentioned in Table ‘C’ of Administrative Form No, 58 against Part I after notifying in the Fort St. George Gazette in January or July of each year, that all exhibits filed in the case will be destroyed along with the records if they are not taken delivery of within a month of the publication of the notification.
Copying fees
129. (1) Copies of records will be granted to persons authorised to receive them upon payment of copying and examining charges, ‘which will be levied at the rate of (Substituted as per correction Slip No.27) [Thirty five paise] per 175 ‘words or part thereof, in the form of (Substituted as per correction Slip No.27) [Thirty five paise) copy stamp papers, except in cases where under the Jaw such copies should be furnished free of cost. The payment of these charges does not affect the payment of fees under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Court-fees and Suits Valuation Act, 1955, or the exemptions from such payments, when the copies are exhibited in. Courts. No suitor or pleader will be allowed to make copies or record either personally or by agent.
(i) Translation made by the court interpreters will be charged for at (Substituted as per correction Slip No.27) [fifty paise] per 90 words or fraction thereof.
(ii) Applications for copies of records must bear a Court-fee stamp, value (Substituted as per correction Slip No.27) [twenty-five] paise.
(2) Every day a list showing (i) the number of additional stamp papers required in each application in which records have been received, and (ii) the applications found to be defective in any respect, shall be remain on the notice board for seven days. If on or before the working day next after the expiry of the seven days, the additional stamp papers required are not furnished or the defects in the application are not remedied, the application shall be struck off.
Rules relating to fines apply to other sums like fees, taxes, etc.
130. The Rules relating to fines apply also to all other moneys such as fees, taxes, etc., that are imposed or assessed by a Magistrate and are recoverable as fines.
The imposition of a fine to be entered forthwith in the Register of Fines
131. (1) The imposition of a fine shall, irrespective of its collection on the same day be brought into account and entered in the Register of Fines immediately. In case of fines imposed by the Morning Bench Courts, all fines collected in the morning will be entered in a separate register called “Night Case Collection Register” (P.M. Form No. 70) and its total shall be carried forward to the office main Register of Fines.
(2) Registers in P.M. Form Nos. 49, 51 and. 52 shall be maintained by the Accountants in the Courts at Egmore, George Town and Saidapet. A subsidiary fine register in P.M. Form No. 50 shall be maintained by the Bench Clerks of Stipendiary and Special Honorary Metropolitan Magistrates.
A date of hearing to be assigned for cases in which time is granted for payment of fine
132. Every case in which a fine is imposed and time is granted for payment of the whole or part of such fine should be assigned a date of hearing and as required by section (Now, refer Sections of the Code of Criminal Procedure, 1973) 388 (b) of the Code, the bonds shall be for appearance of the accused on that date. The bonds shall be kept with the records of the cases.
Licence fees and taxes recovered under the City Municipal Act - Mode of accounting
133. Licence fees and taxes recovered under the City Municipal Act, which are payable to the Corporation of Chennai shall in the first instance be credited “Criminal Court Deposits”. On the 5th of each month a repayment order shall be issued in favour of the Commissioner, the Corporation of Chennai, for the amount payable to the Corporation on account of the collections in the preceding month.
MATERIAL OBJECTS
134. Material objects to be labelled.- Each material object should have attached or affixed to it a label to show the number of the case to which it relates and the party from whom it has been received or recovered. The label should also bear the number of the item in the property register. The label, should be printed in the following form:—
Property Register No.:
Case No.:
Name of person from whom received:
Address:
Material objects to be retained until appeal time is over
135. Material objects should not in the absence of special urgency and without orders of a Magistrate be returned to parties, destroyed or otherwise disposed of, until the time for appeal or revision has expired or where an appeal or revision is pending until it is disposed of.
Magistrates to check valuable properties periodically and forward returns
136. The Magistrate in each of the Metropolitan Magistrate’s Courts at Georgetown, Egmore and Saidapet, whom the Chief Metropolitan Magistrate may nominate for the purpose, nominate for the purpose, should satisfy himself at the end of each quarter that the valuable properties in the Court are all intact and endorsed in the quarterly returns a certificate that the verification has been duly made.
Register of material objects
137. A register of properties deposited in Court shall be maintained by the cashier. Each material object should be fully described in the register.
Register of Calendar and Preliminary Register cases
138. Register Form No, 4 (Criminal Register No. 4) will be maintained in each of the Courts at Georgetown, Saidapet and Egmore and separate numbering shall be assigned to each class of cases, e.g., municipal cases, maintenance petitions, cases relating to Motor Vehicles, S.P.C.A. cases, etc.
Affirmation Register
139. A register of oaths and affirmations administered shall be maintained in PM. Form No 44 in each Court by the Interpreter or the Bench Clerk in attendance.
Register of Court fees
140. A register of Court fees and process fees received shall be maintained in Form No. 12 (Criminal Register No. 12).
Register of payment of batta to witness in State cases
141. A register of payment of batta to witnesses in cases to which the State is a party shall be maintained in P.M. Form No. 69 and the daily payments carried over to the “Daily Cash Balance Register” (P.M. Form No. 55).
Diary register
142. A diary in P.M. Form No. 58 or 59, as the case may be shall be maintained for each Court according to the class of offences tried. The diary shall also indicate the daily progress of each case and the reasons for adjournments, if any. The entries shall be initialled by the Magistrate on the day (0 which they relate.
Hearing book
This shall be maintained in P.M. Form No. 60 or 61 according to the class of offences entered.
Register of Enquiries and Trials and Register of Punishments
144. This register shall be maintained in Form Nos. 7 and 8 (Criminal Registers Nos. 7 and 8), as per instructions relating to them.
Register of long-pending cases
145. A register of long-pending cases will be maintained in each of the salaried Metropolitan Magistrates Courts in Form No. 26 (Substituted by High Court P.Dis.No.90/71) [Criminal Register No, 23]. No case will be entered in this register except under the written orders of a salaried Metropolitan Magistrate.
Honorary Magistrates to forward to the Chief Metropolitan Magistrate records of cases to be entered in long-pending register
146. When an Honorary Magistrate sitting singly or a Bench of Magistrates not presided over by a salaried Metropolitan Magistrate decides to have a case entered in the long-pending register, the records will be forwarded with a report to the Chief Metropolitan Magistrate.
Provisions of other Chapters herein apply to the extent possible to the Metropolitan Magistrates’ Courts
147. In regard to matters not specifically provided for in this chapter, the provisions of the other parts of the Criminal Rules of Practice and Orders shall so far as may apply to the Metropolitan Magistrates.
CHAPTER VI
BENCHES OF MAGISTRATES
Tenure of Honorary Magistrates
148. (Substituted by High Court P.Dis.No.90/71) [The term of office of Honorary Magistrates shall be two years: Provided that it will stand extended till the appointment of fresh members or renewal of the term of existing members as the case may be.]
Constitution of Benches
149. Two or more Special Magistrates appointed for any local are may sit as a Bench, together with any salaried Magistrate whom the Collector shall from time to time nominate for that purpose. The salaried Magistrate shall be the Chairman of the Bench so constituted and the Bench is hereby invested with the powers of a Magistrate of the third class or such higher powers as are exercisable under the provisions of sub-section (2) of section 15 or in virtue of orders made by Government under sub-section (1) of section 15 of the Code.
Summary trial of offences
(1) to try summarily offences under the Indian Penal Code (Central Act XLV of 1860), Sections 277, 278, 279, 285, 286, 289, 290, 323, 334, 336, 341, 362, 426, 427, 477 and 504;
Offences under Municipal and Police Acts
(2) to try summarily offences under Municipal Acts and the conservancy clauses of Police Acts, punishable only with fine or imprisonment for a term not exceeding one month; (Municipal Acts do not include the Madras District Boards Act or the Cantonments Act);
Abetments
(3) to try, summarily abetments any of the foregoing offences;
Abetments
(4) to try summarily attempts to commit any of the foregoing offences, when such attempts me offences:
Trial as summons cases
(5) to try, in accordance with Chapter XX of the Code, offences punishable under—
(a) rule 14 of the rules framed by the Government of making vaccination compulsory and enforcing it under sections 137 and 139 of the Tamil Nadu District Boards Act, 1920 (Now, repealed by the Tamil Nadu Panchayats Act, 1994);
(b) section 18 of the Tamil Nadu Registration of Births and Deaths Act, 1899 (This Act was repealed);
(C) Section 5 of the Tamil Nadu Town Nuisances Act, 1889 (Tamil Nadu Act III of 1889), and sections 8, 9 and 12 of the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930);
(d) the Tamil Nadu Hackney Carriage Act, 1911;
(c) the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of 1939), except those under section 143:
Provided that nothing in clause (1) above shall be deemed to empower any Bench other than one exercising first class powers to try any offence under section 427 and provided also that no Bench shall notwithstanding anything in rule 153 try offences under sections 427 and 447 except with the special sanction of Government:
Provided also that with the approval of the Collector any three or more Special Magistrates, of whom one is Specially designated by the Collector, may sit together as a Bench and shall exercise the powers of a Magistrate of the Third Class or such higher powers as are exercisable under the provisions of sub-section (2) of section 15 of the Code, in respect of the offences specified above other than those referred to in the proviso:
Provided that where a Bench consisting of two or more Special Magistrates and a salaries Second Class Magistrate is invested with the Chairman of a Magistrate of the First Class, the salaried Magistrate alone shall be the Chairman of such Bench.
The Magistrate specially designated by the Collector, shall, if no salaried Magistrate is present, be Chairman of such Bench.
Note.—Bench Magistrate system mentioned under section 15 of the old code has been repealed in the new code.
Sections 16, 18 and 21 of the new Code deal with appointment and powers of Special Judicial Magistrates, Special Metropolitan Magistrates and Special Executive Magistrates respectively.
Opining of majority to prevail
150. Differences of opinion shall be settled by the votes of the majority of the Magistrates present the Chairman having the casting vote.
Production of the accused
151. If any person charged with any of the offences specified above is arrested without warrant and has not been released on bail he shall be produced before the salaried Magistrate having jurisdiction unless concurrent jurisdiction has been given to a Magistrate specially designated under the second proviso to rule 149 in which case he shall be produced before him. If such Magistrate decides to release the person accused on bail or if such person has already been released on bail or if process to compel his appearance is issued, the bail hind or the process shall require him to appear in accordance with its terms before the Bench of Magistrates having jurisdiction. If the accused person is not released on bail, the salaried Magistrate shall proceed to the trial of the complaint but if the accused person is produced before a Magistrate specially designated as aforesaid such Magistrate shall commit the accused person to custody and report the case for orders of the Sub- Divisional Magistrate. The District Magistrate or the Sub-Divisional Magistrate shall exercise the same powers in regard to withdrawal or reference of cases from Benches as he possesses in the case of Magistrates under section 528 (Now, refer sections of the Code of Criminal Procedure, 1973) of the Code.
Preparation of record and judgment
152. Under section 265 (Now, refer sections of the Code of Criminal Procedure, 1973) of the Code, every Bench of Magistrates is authorized to prepare the record or judgment of the Bench by means of an officer appointed by the Sub-Divisional Magistrate.
Power to try summarily
153. Under section 260 (Now, refer sections of the Code of Criminal Procedure, 1973) of the Code, every Bench of Magistrates exercising First Class Powers is hereby invested with power to try summarily any or all of the offences specified in that section, and every Bench of Magistrates exercising powers of the Second Class is hereby empowered to try summarily all or any of the offences specified in clauses (1) to (4) of the rule 149 supra.
CHAPTER VII
COURTS OF SESSION
Description of the seal of a Courts of Sessions
154. The seal of every Courts of Session shall be a circular seal, two inches in diameter bearing the Tamil Nadu State Emblem, with the motto” Satyameva jayate” in Devanagari script inscribed in an arc following the border of the Emblem (but without any border lines) and with the designation of the Court, viz., “The Court of Session of the Division” inscribed on the seal within two concentric circles round the emblem but without the words “Government of Tamil Nadu”. The inscriptions on the seal other than the motto shall be in regional language of the district in which the Court is situated.
When new seals are required, the Courts of Sessions shall indent for them on the Public Works Workshop, sending their indents through the Registrar of the High Court.
Numbering of cases committed to Sessions
155. Cases committed to the Courts of Sessions shall be filed and numbered on the dates of receipt of the intimation of committal. The cases shall continue to bear the same number even when they are transferred for trial to the Assistant or Additional Sessions Judge.
Sittings of Courts of Session
Commencement of ordinary Session
156. Ordinarily Courts of Sessions shall begin their sittings on the first Monday in each month:
provided that if such day be a gazetted holiday, the Sessions shall commence on the next Court day.
Special Session
157. In addition to the regular monthly sessions special sessions shall be held before the annual vacation.
Special sessions after vacation
158. A special session shall also be held each year within a week after the annual vacation, and the date on which this special session is to begin shall be fixed by the Sessions Judge and notified in the District Gazette by the Sessions Judge of the district and in the Fort St. George Gazette (See the Tamil Nadu Government Gazette) by the Sessions Judge of the City of Chennai before the vacation begins.
Date of Sessions to be notified in District Gazette
159. The Sessions Judge in the district will give due notice, from time to time, in the District Gazette and the Sessions Judge for the City of Chennai in the Fort. St. George Gazette (See the Tamil Nadu Government Gazette) of the date on which the next sittings of the Court of Sessions will commence.
Persons summoned to serve as Jurors shall be required to be in attendance as from the commencement of the Sessions.
List of cases to be sent to the Superintendents of Police
160. Sessions Judges should send to the District Superintendents of Police of their divisions, and the Sessions Judge for the City of Chennai to the Commissioner of Police, Chennai before the commencement of each of their Sessions a list of cases posted for trial at the Sessions in the following form:—
Number of Sessions case
|
By which Magistrate committed
|
Number of P.R. case
|
Offence
|
Number of Prisoners
|
Date fixed for hearing
|
Remarks
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
N.B.—Where a case is made over to an Additional or Assistant Sessions Judge, the fact should be indicated in the column for “Remarks.”
JURISDICTION DURING VACATION
District Magistrate not to be authorised to hear urgent applications during vacation
161. Section 17, sub-Section (4) of the Code, does not authorise Sessions Judge to make a general order, extending over the period of their recess, empowering District Magistrate to dispose of urgent criminal applications. Absence from headquarters during the recess cannot be held to be “unavoidable absence,” not to render a Sessions Judge incapable of action within the meaning of that Section.
Sessions Judge not to hear applications made outside division
162. A Sessions Judge shall decline to hear any application made to him during the recess if he is absent from his division and shall refer the applicant to the High Court.
Sessions work to be given preference
163. Sessions work should usually be given preference over civil work and should never be unnecessarily interrupted; but every Sessions Judge should arrange, as he finds most convenient, for the disposal of urgent Civil and Criminal work.
Permission of the High Court necessary for special hours of sitting
164. Any practice in variation of the above Rules which may appear to be necessary owing to circumstances of a special or local character, shall be reported for the orders to the High Court.
[***] (As above set Jurors system abolished the section was not given by the Author) Persons exempted from serving as Jurors
165. (The System of Jurors was abolished as per Criminal Procedure Code, 1973 (Act 2 of 1974)]
PLEADER FOR THE DEFENCE IN CERTAIN CASES
When pleader to be engaged to defend accused
166. In any case which comes before the High Court or a Court of Sessions, the Court shall engage a pleader to defend an accused person it:
(1) the charge against him is such that a capital sentence is possible, and
(2) it appears that he has not engaged a pleader and is not possessed of sufficient means to do so.
The Court may, subject to condition (2) above, engage a pleader to defend an accused person against any other charge, if it considers it desirable to do so in the interests of justice.
Pleader to be given papers
167. Pleaders appointed under the above rule shall be furnished with the necessary papers and allowed sufficient time to prepare for the defence.
Court of Sessions to decide whether pleader should be engaged and how many
168. The High Court or the Court of Sessions shall not be bound by the report of the Committing Magistrate, but shall use its own discretion as to the appointment of the pleader for the defence if the accused has not retained one. If there are several accused persons and their respective defences are such that it appears to be undesirable to entrust the defence of all to a single pleader, as many pleaders may be appointed for the defence as the necessity of the case seems to require.
Fee of pleaders
169. (Rule 169, was renumbered as Rule 169(1) and Rule 169(2) was substituted by P.Dis.No.969/1959, as per High Court, Madras) [(1)] Sessions Judges art authorised to sanction the payment to each pleader engaged for defence under Rule 168 of a fee not exceedings Rs. 35/-, for each day of the trial or such lesser fee as they may fix in their discretion, the case of work lasting less than full day subject to a maximum of Rs. 300/- for the whole case.
(Rule 169, was renumbered as Rule 169(1) and Rule 169(2) was substituted by P.Dis.No.969/1959, as per High Court, Madras) [(2) In the (The word “Chennai” substituted for the word “Madras” by T.N. Act 28 of 1996) [Chennai] City, the Principal and Additional City sessions Judges, (The word “Chennai” substituted for the word “Madras” by T.N. Act 28 of 1996), [Chennai], are authorised to sanction the payment of a fee Rs.50 (rupees fifty only) per diem (Inserted by P.Dis.No.454/68, as per High Court, Madras) [or such lesser fee as they may fix in their discretion, in the case of work lasting less than a full day subject to a maximum of Rs. 300 for the whole case], to each pleader engaged by them for the defence of the accused under Rule 168 of the Criminal Rules or Practice and Circular Orders 1958.]
PLEADER FOR THE DEFENCE IN OTHER CASES
Amicus curiae
170. The Court may of its own motion Of on application by the Public Prosecutor, appoint a pleader as amicus curiae in any case of important or difficulty.
ADJOURNMENTS
Adjournment to be in writing
171. When a case is adjourned from one Sessions to another, there should be written order of adjournment and remand.
Order of remand to be endorsed on the warrant
172. The latter may conveniently be made by the Sessions Judge endorsing his signature on the warrant of commitment under which the prisoner is brought up the words “Remand until………”.
EXAMINATION OF THE ACCUSED
Statement of accused before Committing Magistrate to be read in evidence at Sessions trial and exhibited
173. In a trial before a Court of Sessions, the record of the examination of the accused person before the Committing Magistrate under Section 287 of the Code required to be given in evidence should be read as part of the case for the prosecution and marked as an exhibit before the case for the defence is entered upon. A note to the effect that this has been done should be entered on the record.
RELEASE ON ACQUITTAL
Prisoners to be released immediately on acquittal
174. A prisoner is entitled to be discharged from custody immediately on a judgment of acquittal being pronounced upon him by the Court of Sessions, when there is no other charge pending against him and his further detention is illegal. It is for the Jail authorities in whose custody a prisoner remains until the trial is concluded to satisfy themselves of the result of the trial and no formal warrant of release addressed by the Court to Superintendent of the Jail is necessary.
REASONS FOR SENTENCE
Reasons for severe or lenient punishment to be recorded
175. In every Sessions trial in which a sentence of exceptional severity or unusual leniency is passed or in which varying degrees of punishment are awarded to different persons convicted of the same offence in one trial, the reasons which guided the Judge in the determination of the amount of punishment shall be recorded and shall be printed either as part of or as an Appendix to the judgment or the charge to the jury, as the case may be.
SENTENCE OF DEATH
Copy of letter of reference in Referred Trials
176. A prisoner sentenced to death is entitled to obtain a copy of the Judge’s letter of reference.
Order of the High Court in Referred Trial to be communicated to Superintendent of Jails within 24 hours
177. (a) Sessions Judges are directed to make arrangements for communicating every order of the High Court imposing, confirming, reversing or commuting a sentence of death to the Superintendent of the Jail where the prisoner is confined within 24 hours of the receipt of the order in the Court of Sessions.
(b) In the case of an order of the High Court confirming or imposing a sentence of death, Sessions Judges shall further immediately on receipt of the judgment of the High Court issue a warrant in Form No. XXXV of Schedule V of the code (suitably amended with regard to cases in which a sentence of death ins imposed by the High Court), accompanied by a copy of that judgment and shall appoint therein as the date of execution a day not less than 21 days and not more than 28 days from the date of such receipt.
IMPRISONMENT FOR LIFE
Levy of fine to be notified by Court of Sessions in cases of sentence of imprisonment for life and fine
178. When a Court of Sessions imposes a fine in addition to imprisonment for life and the whole or part of the fine is paid or recovered, the Court shall endorse the fact of such payment or recovery on the warrant of commitment or, if that has already been issued, shall notify of the fact of the payment or recovery to the Jail authorities concerned.
Recommendation to the Government for action under Section 30-A of the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Borstal Schools Act, 1925
179. Courts of Sessions sentencing an offender who is not less than 16 and not more than 21 years of age to imprisonment for life shall consider whether a recommendation should be made to the State Government that the offender be detained in a Borstal School under the provisions of Section 10-A of the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Borstal Schools.
RULES FOR PRINTING SESSIONS JUDGMENTS
Sessions judgment may be printed at private presses
180. For the purposes of printing Sessions Judgments, Sessions Judges will be permitted to employ private presses or Collectorate presses, as may be most convenient.
Court of Sessions to (Inserted by Roc.No.291/A/82 R.R.) [print or typewritten or cyclostyle or mechanically reproduce] all its judgments
181. Every Court of Session shall (Inserted by Roc.No.291/A/82 R.R.) [print or typewritten or cyclostyle or mechanically reproduce) all its Sessions judgments. A list of witnesses examined by the prosecution or by the defence or by the Court and of exhibits and material objects shall be (Inserted by Roc.No.291/A/82 R.R.) [printed or typewritten or cyclostyled or mechanically reproduced] at the end of all Sessions judgments.
NOTE.- The Sessions Court will supply from its own stock of stationery, the paper required to (Inserted by Roc.No.291/A/82 R.R.) [print or typewritten or cyclostyle or mechanically reproduce] its judgments - G.O. No. 1448, Judicial, dated 26th October 1909. Sessions judgments should be (Inserted by Roc.No.291/A/82 R.R.) [printed or typewritten or cyclostyled or mechanically reproduced] on white paper, 24 lbs. (Old Rule 257 and P. Dis. Nos. 1428 of 1916, 827 of 1920 and 1651 of 1926).
Tabular form not to be used in (Inserted by Roc.No.291/A/82 R.R.) [printing, typing or cyclostyling or reproducing by mechanical process] statements of previous conviction
182. Statements of previous conviction should be (Inserted by Roc.No.291/A/82 R.R.) [printed or typewritten or cyclostyled or mechanically reproduced] with Judgments except in cases of acquittal but not in tabular form, if, in rare cases the Sessions Judge considers it desirable to adapt a tabular form it should be made in manuscript and not (Inserted by Roc.No.291/A/82 R.R.) [printed or typewritten or cyclostyled or mechanically reproduced].
Judgment to show if accused was defended
183. In the headings of (Inserted by Roc.No.291/A/82 R.R.) [printed or typewritten or cyclostyled or mechanically reproduced] judgments and charges to Jury it should invariably be noted whether the accused, or any of them, was defended by a pleader.
The name of the Police station concerned and the crime number of the offence should also be noted at the head of the judgment or charge,
Distribution of copies of judgment
184. (1) Court of Sessions shall within (Substituted by High Court, Madras P.Dis.No.303/10) [fourteen days] from the date of pronouncing judgment, distribute copies of all their judgments as follows, a sufficient number of copies being (Inserted by Roc.No.291/A/82 R.R.) [printed or typewritten or cyclostyled or mechanically reproduced] for the purpose of each case:—
(i) One copy for the Collector of the district and one copy for the District, Divisional and Committing Magistrate;
NOTE.— (Omitted by High Court, Madras P.Dis.No.16/10) [***]
(Substituted by High Court, Madras, P.Dis.No.262/69) (ii) (a) In the Districts.- Two copies for the use of the Superintendent of Police and his Subordinates; and one copy for the use of the Assistant Public Prosecutor, Grade I and the Assistant Public Prosecutor, Grade II.]
(Substituted by vide Part V page 387 of the St. George Gazette dated 17 March, 1963) [(b) In the City of Chennai.—Two copies for the Commissioner of Police, Chennai, his subordinates and Assistant State Prosecutors.]
(iii) One copy to the High Court as provided for in the Rules relating to submission of judgments and calendars;
(Substituted by High Court, Madras, P.Dis.No.542/62) [(iv) Eight copies to the High Court as provided for in the rules relating to the submission of records; in addition to that, in relation to the application for special leave from High Court for sending that Court in case of death punishment or life imprisonment for giving judgment additional eleven copies;]
(v) One copy for each accused person with reference to Section 371 of the Code;
(Substituted by High Court, Madras, P.Dis.No.265/70) [(vi) Two copies (in respect of each prisoner) to the Superintendent of the Jail to which the prisoner is committed when such prisoner is sentenced to imprisonment (one copy for being filed with the warrant of committal or used for the purpose of memoralising to the Government if required, and the other copy for the use of Probation Officer to enable him to give an accurate report regarding the premature release of the prisoner under Advisory Board Scheme;]
(vii) Two copies (for each prisoner) to the Superintendent of the Jail to which a prisoner is committed in case when such prisoner is sentenced to death to prevent delay in the transmission to Government of petitions for mercy;
(viii) In cases other than those mentioned in sub-heads (vi) and (vii) one copy shall be furnished to each person convicted of an offence on his requisition, in order to afford facilities for memoralising Government to exercise its powers under Chapter XXIX of the Code, in addition to the copy required by Section 371;
(Substituted by High Court, Madras, P.Dis.No.542/62) [(ix) One copy to the Director, State Forensic Science Laboratory and Chemical Examiner to the Government of Tamil Nadu; and one copy to the Serologist and Chemical Examiner to the Government of India, Calcutta, in case in which a reference was made to them.
In cases where no judgment is given, Courts should inform the Laboratories the manner of disposal of the cases.]
(x) One copy to the Head of the Department, or immediate superior in cases in which the official character or conduct of a Government servant is impugned;
(xi) One copy to the Local Prosecutor and to each of the Additional Public Prosecutors, if any;
(xii) One copy to be filed with the record;
(xiii) One copy to be bound up in a volume of Judgments for reference in Sessions Court;
[(xiv) One copy to the Professor of Medical Jurisprudence, Medical College, (Substituted for the word “Madras” by Tamil Nadu Act 28 of 1996) [Chennai], or the Professor of Medical Jurisprudence, Medical College, Madurai, as the case may be, in those cases in which their evidence had been taken;]
(Substituted by vide Part V Page 387 of the St. George Gazette dated 27 March, 1963) [(XV) One copy, free of charge to the Director, Central Forensic Science Laboratory in cases in which the Court takes an adverse view of the opinion given by Forensic Science Laboratory;]
(Substituted by Roc.No.139/72) [(xvi) One copy free of charge to the Public Prosecutor, High Court, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai]].
The copies referred to in subheads (i) to (xiv) inclusive shall be supplied free of charge.
Where (Substituted by Roc.No.291/A/82 R.R.) [printed or typewritten or cyclostyled or mechanically reproduced] copies can be spared, a copy may be supplied to a person not entitled by any law or order to receive a copy free of cost, on payment of the prescribed charges. All such payments shall be in cash.
NOTE.—The copies referred to in sub-heads (ix) and (xi) shall be furnished after return of record by the High Court after disposal of appeal, if any.
(2) Courts of Sessions shall send with the least practicable delay advance typewritten copies of their judgments in all cases under Section 302 of Indian Penal Code (Central Act XLV of 1860), in which sentence of death has not been passed, to the Collector and District Superintendent of Police or the Commissioner of Police, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], as the case may be, without waiting for the (Substituted by Roc.No.291/A/82 R.R.) [printed or typewritten or cyclostyled or mechanically reproduced] copies to be made ready.
Proceeds of sale of (Substituted by Roc.No.291/A/82 R.R.) [printed or typewritten or cyclostyled or mechanically reproduced] judgments
185. All payments for 3[printed or typewritten or cyclostyled or mechanically reproduced] copies of Sessions judgments shall from time to time be remitted to the nearest Treasury to the credit of “Stationery and Printing - C. Other Press Receipts.”
Communications issued to Subordinate Magistrates
Mode of communicating orders to Subordinate Magistrates
186. All proceedings of the Court of Session addressed to any Magistrate subordinate to the District Magistrate shall except in cases of urgency or when the law sanction a different course, be sent to the Magistrate concerned through the District Magistrate.
Procedure in cases of urgency
187. In the cases except in the foregoing Rule the Court of Sessions shall send the proceedings to the Magistrate concerned and to the District Magistrate simultaneously.
Calling for records on appeal or revision without intervention of District Magistrate
188. In calling for the records of an inferior Court under Section 422 or 435 of the Code, Sessions Judges may address the Magistrates in whose custody the records are, without the intervention of the Magistrate of the District the records so called for may likewise be retransmitted directly to the concerned Courts after the disposal of the cases.
CHAPTER VIII
HIGH COURT
Tapal petitions for exercise of Judicial authority not to be entertained
189. Save as otherwise provided, no application or petition for the exercise by the High Court of its judicial authority will be entertained when forwarded by post.
Form of appeals, etc.
190. All petitions, applications, affidavits, memoranda of appeal, revision petitions and all proceedings presented to the High Court, shall be in English and shall be type-written or printed, fairly and legibly on substantially (Substituted by P.Dis.No.380/73, as per High Court, Madras) [white folio paper in metric size with an outer margin about 5 Centimetres wide] and separate sheets shall be stitched together bookwise. The writing or printing may be on both sides of the paper and numbers shall be expressed in figures.
Cause-title of miscellaneous petitions
191. Every original miscellaneous petition shall be headed with a cause title setting out the provision of law under which it is filed and the names and full addresses of the parties to it separately numbered and described as petitioners and respondents.
Appeal to the Supreme Court to be mentioned in the petition
192. When an appeal to the Supreme Court under Article 132 of the Constitution has been preferred or is intended to be preferred, a petition to the High Court for grant of bail shall state specifically whether a similar petition has been made to the Supreme Court and, if so, with what result.
Cause-title of Memorandum of appeal
193. Every memorandum of criminal appeal, other than an appeal presented to a Jail Officer, shall be headed with a cause title setting out the provision of law under which it is preferred, the name of the Court, the appellants and name of the respondents in the High Court also the full cause title of the case or matter in the lower Court or Courts as the case may be.
Where an appellant is in Jail, that fact shall be mentioned in the cause title with an indication of the Jail in which he is confined.
These provisions apply, as far as may be, to revision petition also.
Cause title of subsequent proceedings
194. Every proceeding, subsequent to an appeal, revision petition or other application, may be headed with a short cause title setting out the provisions of law and the names of the parties and their ranks and status in the main case.
Enclosures of Appeal or Revision Petition
195. (1) Every petition of Appeal or Revision Petition shall be accompanied by a certified copy of the Judgment or Order of the Court appealed against or sought to be revised, a Memorandum of appearance duly signed, and the necessary vouchers for the verification of any matter or entry in the petition or enclosures.
(2) When a Revision Petition is presented against Judgment or Order passed in Appeal, it must be accompanied also by a certified copy of the Judgment or Order of the Court of First Instance, obtained either by a fresh application for copy, or by a return of enclosures under Rule 267.
(3) When the Certified copy of the Judgment or Order of the lower Court is in manuscript, the appeal or revision petition shall be accompanied by a typewritten copy of Judgment or Order.
Petition to excuse delay to accompany appeals or revision petitions presented out of time
196. (1) Where an appeal on the date of the first presentation is barred by limitation or where a revision petition is presented more than ninety days from the date of Judgment or Order which the petitioner seeks to have revised, a petition to excuse delay, supported by an affidavit explaining the circumstances of such delay shall be filed along with the petition of appeal.
(2) The period of ninety days referred to above is exclusive of the time occupied in obtaining a certified copy of the Order Of Judgment which the petitioner seeks to have revised, but inclusive of the time occupied in obtaining return documents under rule 267.
Separate petition to be filed in each case
197. Every interlocutory application relating to an appeal, revision petition or original petition shall be made by a separate petition in each case.
Court fee to be paid on each petition
198. Every petition filed in Court or presented in the office shall be stamped with the Court fee to which it is liable under the law.
Return of defective petitions, etc., and their representation
199. Every petition or other application which does not comply with the above requirements or is otherwise defective shall be returned, to the party or pleader concerned for amendment and re-presentation within a specified time.
Petition to excuse delay to appeals out of time on the date of representation
200. Every petition of appeal re-presented after the expiry of the time allowed by the preceding Rule and barred by limitation on the date of its re-presentation shall be accompanied by a petition and affidavit such as is prescribed in Rule 196 supra.
Explanation for delay to accompany other cases
201. Every appeal not governed by the provisions of the preceding rule and every other petition or application for which no period of limitation is prescribed by law, shall, if re-presented after time allowed, contain an endorsement in explanation of the delay:
Provided that in the case of revision petitions the period of ninety days allowed by Rule 195 is not exceeded. Where the period of ninety days is exceeded, a petition to excuse delay supported by an affidavit shall be filed along with the revision petition as provided by Rule 196.
Posting of appeal or application for admission
202. Every appeal (other than one preferred from Jailor in which the prisoner has been sentenced to death or has been called upon to show cause why he should not be so sentenced) and every application or petition other than a revision petition shall be posted for admission at the earliest possible opportunity after it is filed.
Revision petition to be posted for admission immediately after it is filed
203. Every revision petition shall be posted for admission as soon as possible after it is filed without the printing of either pleadings or evidence unless the party has presented with the petition an application specifically asking for printing before admission and has also at the same time produced copies of the papers which he desires to get printed.
Motion cases
204. Every petition or application intended to come up for orders of the High Court as a special motion should be filed in the office of the Registrar not later than 3 p.m. on the day previous to the day on which the motion is to be heard and a separate letter, explaining the nature of the urgency, should be addressed to the Registrar for the permission to move.
Motions to be taken before the day’s regular work
205. Every petition allowed by the Registrar under this rule will be taken up before the regular work of the Court for the day and shall also have precedence over civil motions.
Additional set of papers to be filed in motions before a Bench of two or more Judges
206. Where a motion has to be heard by a Bench of two or more Judges, additional sets of papers should be furnished by the party concerned.
24 hours’ notice to Public Prosecutor to be given in cases of transfer
207. No application for transfer in which previous notice is prescribed by the Code shall be accepted as a special motion unless it bears an endorsement or is accompanied by a satisfactory voucher that notice was given to the Public Prosecutor, at least 24 hours before the forenoon of the day on which the Court sits to take up the application.
Personal notice in the absence of pleader
208. Notices in criminal cases shall be served on parties personally unless they are represented by a pleader in which case notice shall be given to such pleader:
Provided that, when on admitting a criminal appeal or revision petition presented by a pleader, the Court directs notice to issue to a party to show cause against enhancement of sentence, notice shall be served on the appellant or petitioner in person.
Public Prosecutor, when instructed to oppose Appeal or Revision Petition may be instructed to apply for enhancement of sentence
209. In any case where a Collector instructs the Public Prosecutor to oppose a Criminal Appeal or a Criminal Revision Petition in the High Court, he may instruct him also to apply for enhancement of the sentence.
Notice to Public Prosecutor in cases referred to the High Court under Section 374 of the Code
210. In cases referred to the High Court for the confirmation of capital sentences, the Court will issue notice to the Public Prosecutor to appear in all cases on behalf of the prosecution.
Provisions of Rule 253 to apply to notices issued by the High Court
211. The provisions of the Rule 253 shall apply also to notices issued by the High Court (Appellate Side).
Service on prisoners through Jail authorities
212. Notice for service on parties in Jail will be forwarded to the officer-in-charge of the J ail and endorsement by the officer that notices were duly served shall be taken as proper service.
Cases in which Court printing is done
213. (a) The following classes of cases will be printed by the Court without special orders of Court:—
(1) Reference under Section 374 of the Code.
(2) Reference under Section 307 of the Code.
(3) Appeals under Section 419 of the Code, unless otherwise directed.
(4) Appeals under Section 417 (1) of the Code, on capital charge.
(5) Cases taken up for enhancement of sentence to death.
(b) (1) It will not be necessary ordinarily to print inquest reports and prior statements or depositions which are filed merely to prove omissions or motive.
(2) Where parts of a document are relied on, those parts only need be printed, the Sessions Judge or the Lower Court indicating them in the Judgment or the list of Exhibits annexed.
(Inserted by P.Dis.No.577/1965, High Court, Madras) [(3) In cases where there are a number of accused, such as cases involving offences like rioting, the printing of statements of the accused under Section 342 of the Code may be dispensed with, provided that three copies of such statements are typed, one for the Court, one for the use of the Public Prosecutor, and one for the joint reference by accused’s Counsel.]
Other cases to be printed at party’s cost
214. Records of cases not governed by the preceding rule shall ordinarily be printed at the cost of the party applying for such printing in the absence of an express direction of Court to have them printed at the cost of the Government.
Evidence to be printed only if pleadings a re printed
215. No party will be permitted to print the evidence in a case without his having paid for the printing of the pleadings.
Time for translation and printing list
216. No application for the printing of evidence presented by the petitioner after the expiry of one week from the date of the admission of his petition, or by the respondent after the expiry of fourteen days from the date of the notice of the petition, shall be received except under the orders of the Registrar.
Registrar to permit printing of fresh documents to be admitted in evidence
217. When application is made for the translation and printing of any document not on the record of the case with a view to its admission in evidence, the translation and printing may be ordered by the Registrar:
Provided that the order shall be made without prejudice to the posting of the case.
Bill to be paid within ten days from its issue
218. A party to whom a bill is issued for printing charges, whether in respect of pleadings, or of evidence shall be called upon to pay the amount therein specified within ten days from the date of its service on him and no payment shall be received after the expiry of that period except under an order of the Registrar.
No printing in revision cases wherein there is an order of stay
219. In the absence of an express direction to the contrary, no printing either of pleadings or of evidence, shall be done in a revision case, pending disposal of which stay of proceeding in any criminal case has been ordered by the Court.
Cases in which printed papers are to be supplied gratis
220. Printed papers will be supplied free of cost in the following cases:—
(i) One set to the Public Prosecutor in every case in which notice has been issued to him;
(ii) One set to a practitioner to whom a State brief has been issued;
(iii) One set to a practitioner who has been appointed to act as amicus curiae;
(iv) One set to pleader for accused in -
(a) Reference under Section 374 of the Code.
(b) Appeals against acquittal.
(c) Revisions for enhancement of sentence to death.
(d) Appeals under Section 411 A of the Code against sentences of death.
Application to be made in other cases
221. A pleader requiring free supply of printed or typed papers in any other case should obtain the orders of Court by means of a petition or otherwise.
Application for free copies of printed papers should be made at the time of the admission of an appeal or petition and should be supported, wherever possible, by an affidavit on the means of the accused.
Additional sets to be applied for at the time of printing
222. Applications for additional sets of printed papers will not be entertained unless they are made by parties paying for printing and are made in sufficient time to enable the office to comply with the requisition.
Police Officer to apply for sets of printed papers
223. A Police Officer requiring a set of printed records in a case in which notice is given to District Superintendent of Police should apply through the latter to have a set forwarded to him by post or delivered to him in the office of the Registrar.
Payment to be made in other cases
224. Printed papers will not be issued to parties or pleaders not having notice in a case except on payment and under the special orders of the Registrar.
List of ready cases
225. (i) A list of cases ready for hearing will be exhibited on the notice board as each case becomes ready and no criminal case will ordinarily be posted for hearing within a week of its being so exhibited.
No ready list for miscellaneous applications
(ii) No such list will however be exhibited for original miscellaneous applications.
Rough list
226. A rough list of cases for disposal on the next working day will be exhibited on the notice board each day.
Weekly list
227. In addition to the list referred to in the preceding rule, a special list of cases shall be put up on the Tuesday preceding the week during which they will be disposed of by the Criminal Bench, when applications for adjournment of any case on such list will be dealt with.
Cases to be heard by a Bench of two Judges
228. The following classes of cases will ordinarily be heard by a Bench of two Judges:—
(1) Every reference under Section 374 of the Code, and every appeal from the Judgment of a Criminal Court in which sentence of death or imprisonment for life has been passed on the appellant or on a person tried with him.
(2) Every reference under Section 307 of the Code.
(3) Every appeal against acquittal on a capital charge.
(4) Every case taken up in revision for enhancement of sentence to death.
(5) Every application for directions of the nature of habeas corpus under Section 491 of the Code.
(6) Every Appeal, Application, Reference or Revision Petition which may be referred to a Bench by a single Judge.
(7) Every other case marked at the time of admission for a Bench of two Judges.
Appeals under Section 411-A of the Code
229. All appeals under section 411A of the Code shall be heard by a Bench of two Judges, who shall be Judges other than the Judges by whom the original trial was held.
Single Judge Cases
230. All criminal cases not referred to in rule 228 will ordinarily be heard by a single Judge.
Reference under Section 374 of the Code, to be given preference
231. References under Section 374 of the Code, will have precedence over other cases posted before the Criminal Bench.
Judgment and orders to be despatched with promptness
232. The Judgment or Order of the High Court in, or relating to a criminal case on its file shall be certified to the lower Courts with the least possible delay.
Orders on a reference under Section 374 of the Code, to be communicated on the same day
233. An order on a reference under Section 374 of the Code, shall be certified to the Court of Session on the same day on which Judgment is pronounced.
Orders to be issued beforehand if preparation of Judgment is delayed
234. Where, in any of the following cases, the Judgment of the High Court cannot be certified to the Lower Court on the day on which it is pronounced, an order, drawn up in conformity with the Judgment will be certified on the day on which Judgment is delivered or the next working day.
(i) every case in which a Judgment of acquittal or release is passed or upheld and the accused or any of them is in custody;
(ii) every case in which a sentence is passed, enhanced, or confirmed and the accused or any of them is on bail or otherwise at large;
(iii) every case in which a sentence on an accused person who is entitled to early or immediate release upon such order is reduced or altered; and
(iv) every other case which, by its nature, requires urgent or immediate action.
Judgments relating to Sessions trials
235. Judgments in cases relating to trials by a Court of Sessions shall be communicated to,—
(1) The Sessions Judge;
(2) The Additional or Assistant Sessions Judge, if any;
(3) The Collector of the District and the Chief Metropolitan Magistrate, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], as the case may be;
(4) The Superintendent of Jails, if any, in which the accused are confined;
(5) The Inspector-General of Police;
(Sub-rule (5A) was inserted by P.Dis.No.958 of 1959) [(5-A) The Superintendent of Police, Special Police Establishment, Chennai, in cases investigated and charged by Chennai Branch of the Special Police Establishment.]
(6) The Public Prosecutor, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai].
Note -An additional copy will be forwarded to the Sessions Judge in every case in which an accused person is in Jail for communication to him.
To whom orders are to be communicated
236. Orders issued in advance of judgments shall be communicated to the officers and parties to whom judgments are concerned.
Certificate under Article 132 or Article 134 of the Constitution
237. In cases where the High Court grants a certificate under Article 132 or Article 134 of the Constitution of India to a person under sentence of death, the date of the issue of the certificate shall forthwith be intimated to the Government and the Superintendent of the Jail in which the prisoner is confined.
Orders to be communicated to Subordinate Magistrates through the District Magistrate
238. Every order and judgment relating to a Magisterial enquiry or trial shall be communicated to the Magistrate or Magistrates concerned through the District Magistrate in the absence of special urgency.
Revision cases
239. Rules 235 and 236 will apply mutatis mutandis to Revision cases arising from cases, other than Sessions trials.
Communication of orders dismissing bail
240. Notwithstanding anything contained in the foregoing rules a copy of the order of the High Court dismissing an application for bail pending the disposal of a criminal revision case, or an appeal or other proceedings in the High Court shall be sent only to the prisoner through the Superintendent of the Jail in which he is confined and to no other person, provided that where bail is applied for on behalf of more than one prisoner and hail is granted to one or more prisoners, rules 235, 238 and 239 supra will apply.
State brief
241. A pleader will be engaged at the cost of the Stale to defend an accused person who does not engage a pleader himself and who is under sentence of death or has been called upon to show cause why a sentence of death should not be passed upon him or against whom an appeal has been filed under Section 417 of the Code in cases involving imprisonment and may, if necessary, be engaged in a case involving a lesser sentence.
Amicus Curiae
242. No pleader will be engaged to argue a case as amicus curiae unless the Court directs or the Public Prosecutor applies for the appointment of a Pleader as amicus curiae in any particular case.
Fee in the High Court
243. The fee payable to a pleader appointed by the High Court shall be fixed by the High Court in its discretion.
Return of records and material objects
244. On the termination in the High Court of a reference, appeal, revision case or other application or matter, the records of the case with the material objects, if any, shall be returned to the Court or Courts from which they were received along with the judgment or order of the High Court.
Return of enclosures
245. Copies of judgments, orders or other papers filed by parties in the High Court as enclosures to any appeal, revision petition or other application shall, on the termination of such appeal, revision petition or application be returned to them on the requisition made by them in that behalf, under the orders of the Registrar.
In sentences of death two sets of papers to be sent to the Government
246. In every case in which a sentence of death is passed or confirmed by the High Court, two copies of the judgment of the High Court with two sets of printed evidence and of all other material papers shall be forwarded to the Government in the Home Department.
Criminal Rules of Practice to apply to the High Court
247. These Rules and Orders shall govern the practice of the High Court on the Appellate Side to the extent to which they are applicable.
CHAPTER IX
APPEALS
Head Ministerial Officer to receive Criminal Appeals in the absence of Magistrates
248. During the absence of the Magistrate from his headquarters, the Memoranda of Criminal Appeals and the Memoranda of Criminal Revision Petitions shall be received by the head Ministerial officer of that office.
Case Law
An appeal presented in time to the second clerk of the Sub-Divisional Magistrate in the absence of the Head clerk is proper presentation.
see: 1939 M.W.N. at, page 319
Separate or joint appeals when to be preferred
249. Where several accused persons are convicted in a single trial, each of them can prefer an appeal against his conviction either separately or jointly with one or more of the other accused. But when one accused has been convicted at different trials, he should prefer a separate appeal in each case.
JAIL APPEALS
Jail appeals
250. No appeal forwarded from Jail under section 240 of the code shall be summarily rejected until seven days have elapsed after its receipt by the Appellate Court. In forwarding such an appeal the officer in charge of the Jail shall invariably certify that the appellant has been informed that, if he intends to appoint a pleader, an appearance must be put in within seven days from the date on which his petition may reach the Appellate Court:
Provided that nothing in this order shall oblige the Appellate Court to wait for the full period of seven days, if the appellant has appeared and been heard in person or by pleader within that period.
NOTICE OF APPEAL
When notice may be dispensed with in appeals received from appellants in Jails
251. When a Court of appeal decides to proceed under Section 421 of the Code, in disposing of an appeal received under Section 420 from an appellant who is in Jail, it is not legally bound to give notice to the appellant nor is it generally necessary to do so. It is sufficient as a Rule if the Court allows seven days to elapse before proceeding to dispose of the appeal under Section 421.
When notice should be given in appeal received from appellant in Jail
252. When the Court means to proceed under Section 422, the law requires that notice shall be issued to the appellant, and the intimation given by the officer of the Jail when forwarding the appeal petition, is not sufficient for this purpose.
Notice of Appeal to whom given
253. Notice of appeal under Section 422 of the Code shall be given to the following officers:—
(1) The Public Prosecutor, Chennai, in appeals to the High Court under Section 411 A of the Code and in appeals from judgments of the Metropolitan Magistrates;
(2) The Public Prosecutor, Chennai, in all other appeals to the High Court, and also the Collector, the District Superintendent of Police of the district concerned, and the Commissioner of Police, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], in respect of the City cases.
(3) The Public Prosecutor of Sessions Division in appeal to the Court of Sessions in the district;
(Inserted by P.Dis.No.382/61 of High Court, Madras) [(4) The Assistant Public Prosecutor, usually attending the Court in all appeals against convictions heard by District Magistrates, Sub-Divisional Magistrates and all First Class Magistrates.]
(5) The General Manager of the Southern Railway in appeals against convictions for Railway offences in connection with that Railway;
(6) The District Forest Officer in appeal against conviction for forest offences, except in cases of offences relating to unreserved lands, in which cases notice shall be given to the Revenue Divisional Officer who ordered the prosecution;
(7) The Inspector of Excise or if there is no such officer, the District Superintendent of Police, in appeals against convictions under the Tamil Nadu Prohibition Act, 1937.
(8) The District Commercial Tax Officer, in appeals against convictions under the Tamil Nadu General Sales Tax Act, 1959;
(9) The Commissioner, Corporation of (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] in appeals against convictions in cases initiated by the Corporation of (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai];
(10) The Municipal Commissioners in appeals against convictions in Municipal and Food Adulteration cases and Executive Officers of the Panchayats in appeals against convictions in Food Adulteration cases.
(Added by P.Dis.No.382/67, High Court, Madras) [(11) The private party when he is the complainant and has been awarded compensation under Section 545 of Criminal Procedure Code.]
Every notice issued under this rule shall be accompanied by a copy of the grounds of appeal on plain paper. The officers receiving notice should acknowledge receipt of the notice immediately. But the hearing of the appeal will not be delayed for want of such acknowledgement.
APPEALS AGAINST ACQUITTAL
Funds for the poor accused in appeals against acquittal
254. Full opportunity should be given to the accused person against whose acquittal an appeal has been filed, to attend, should be so desire, either personally or by a representative, when the appeal is being heard. To this end if the accused is in custody arrangements should be made if he should so desire, for him to be brought before the appellate court. If he is not in custody, an application for the grant of financial assistance, if desired, should be made by the accused person to the Collector of the district through the Court which tried and acquitted him; and the scale of allowance and batta to be sanctioned to him should be that ordinarily allowed to third class witnesses attending criminal courts.
Notice to the Public Prosecutor of bail application
255. (1) Subordinate Courts shall give notice of every application for bail under Section 427 of the Code to the local Public Prosecutor.
(2) In cases where bail is granted the Court granting bail shall report the fact to the High Court at once.
SUSPENSION OF SENTENCE
Copy of order of suspension to be sent to the Superintendent of Jail
256. Whenever an Appellate Court orders the suspension of the execution of a sentence of imprisonment under Section 427 of the Code, it shall send a copy of the order to the Superintendent or officer in charge of the Jail in which the appellant is confined.
Prisoner whose sentence is suspended pending appeal treated as an under trial one
257. The effect of an order by an appellate court suspending that execution of a sentence of imprisonment pending disposal of an appeal, is that the appellant, if detained in Jail, is to be treated in all respects as an under trial prisoner.
Copy of order of dismissal to be sent to the Superintendent of Jail
258. Whenever an appellate court dismisses an appeal, it shall, whether the execution of the sentence is suspended under section 426 of the Code or not, send a copy of the order dismissing the appeal to the Superintendent or officer in charge of the Jail in which the appellant is, or is to be, confined.
Amended warrant to be sent to Superintendent of Jail when sentence of imprisonment is modified
259. Whenever an appellate court modifies a sentence of imprisonment, it shall prepare a fresh warrant in accordance with the terms of the order passed and shall send the same along with a copy of the order direct to the Superintendent or officer in charge of the Jail in which the appellant is, or is to be, confined, and shall recall and cancel the original warrant of commitment, which shall be attached to the records of the original Court and returned to it therewith.
Warrant of release to be sent to Superintendent of Jail when sentence of imprisonment is reversed
260. Whenever an appellate court reverses sentence of imprisonment, it shall prepare a warrant of release and shall send the same by registered post with acknowledgement due along with a copy of the order direct to the officer in charge of the Jail in which the appellant is confined. It shall at the same time recall and cancel the original warrant of commitment which shall be attached to the record of the original Court and returned to it therewith.
Order of refund of fine
261. (Substituted by P.Dis.No.600/61, High Court, Madras) [Whenever an appellate court reduces or reverses a sentence of fine, it shall, if the fine has been levied, grant an order of refund to the appellant in his name or in the name of his pleader or advocate holding a special vakalat specially authorising him to receive the money on behalf of the appellant. When the order of refund is presented to the court of first Instance, it shall forthwith prepare the necessary payment order and deliver it to the payee without requiring any formal application therefor.]
(Inserted by P.Dis.No.452/70, High Court, Madras) [Collection of additional fines
261A. Whenever an appellate court otherthan the high court, enhances the fine imposed, it shall, if the excess fine amount is not paid immediately, intimate the court of first Instance, which shall take immediate steps to collect the excess fine and intimate the action taken to the appellate court concerned.]
Order of the High Court on appeal and revision
262. Rules 256, 258 to 261 do not apply to the High Court. The procedure applicable to the High Court in appeals and revision cases is provided in Sections 425 and 442 of the code. Whenever the High Court certifies its judgment or order to a lower court under either of these Sections, it is the duty of the latter court to issue refund of a fine, and in doing so it shall be guided, as far as may be, by the provisions of rules 256, 258 to 261.
Time for presentation of payment order
263. Such payment order shall be presented for payment within three months from the date of its issue. II’ not presented within that period, it shall be returned to the Court, and may then, after being re-dated and initialled by the Magistrate, be re-issued to the payee.
Duplicate copy of order of the High Court to be sent to Superintendent of Jail
264. When an order of the High Court in appeal or revision is certified to a lower court under section 425 or 442 of the Code, it shall be issued, in duplicate and the lower court shall on receipt of the order, forthwith send one copy of it to the Superintendent or officer in charge of the Jail in which the prisoner is confined along with the warrant, if any, required by rule 262. If the High Court order is an order of release, one copy shall be sent direct from the High Court to Superintendent or officer incharge of the Jail.
Note.— In this rule, the expression, “lower court” means in the ease of a judgment or order passed by the High Court on a revision against the finding, sentence or order of an appellate court, the appellate court, and not the court of first instance.
Manuscript copy of judgment to be returned to prisoner in Jail
265. The court disposing of an appeal by a convict in Jail shall, in communicating its order to the prisoner, return to him through the jail authorities the copy of the judgment appealed against which accompanied the petition of appeal, when such copy is in manuscript.
As many copies of judgment to be sent as there are prisoners
266. In the cases referred to in Rules 255, 258 to 260, 262 and 264 as many warrants shall be prepared as there are prisoners, and communicated to the Superintendent or Officer in charge of the Jail in which the prisoners are confined, and shall be accompanied or followed as soon after as possible by the same number of copies of the judgment or order in accordance with which the warrants are prepared.
Return of paper after disposal of appeal, etc.
267. On the termination of appeal, revision petition or other application the Criminal Court to which such appeal revision petition, or application is made, shall on an application in writing made in that behalf by the party or pleader concerned, return, as soon as possible, copies of judgments, orders and other papers filed as enclosures to such appeals, revision petitions or applications.
An endorsement on the application for return, signed by the party or pleader, shall be sufficient voucher for the return of copies.
TESTING SUFFICIENCY OF BAIL OR SECURITY
Court to test sufficiency of bail
268. When a Court of Appeal or Revision orders the release on bail of a person who has been convicted or committed for trial, the question of the sufficiency of the bail shall, unless the Court of Appeal or Revision thinks fit itself to determine the sufficiency of the bail or security, be determined by such Court or Magistrate subordinate to it as the Court making the order may direct.
Warrant of release to be issued by a Court testing sufficiency of bail or security
269. The Court authorised to test the sufficiency of the bail or security shall, when satisfied as to the sufficiency of the security, forward to the officer incharge of the Jail in which the accused is confined, a warrant for the release of the prisoner in pursuance of the order and shall further, in cases where bail is ordered by a superior court, report to that court whether or not the bail has been furnished.
Court to test sufficiency of security under Section 106 or 118 of the Code
270. When an order to give security is made under Section 106 or Section 118 of Code, the question of the sufficiency of the security shall be determined by the Court or Magistrate by whom the order was made, provided that when an order to give security is made under Section 106 of the Code, by an appellate court or by the High Court when exercising its powers of revision the question of sufficiency of the security shall unless the said court thinks fit itself to determine the sufficiency of the security, be determined by such other court or Magistrate subordinate to it as it may direct.
CHAPTER X
REFERENCE AND REVISION
Sessions Judge to refer cases to the High Court, if necessary
271. (1) The Sessions Judge shall carefully peruse the judgments and orders of all First Class Magistrates including District Magistrates and Sub-Divisional Magistrates submitted to him, and where the Sessions Judge cannot deal with the case himself under Section 430 or 437 of the Code, he shall report to the High Court without any delay under Section 438 of the any case, the judgment or order in which, in his opinion, calls for revision.
(2) The District Magistrate shall carefully peruse judgments or orders of all the Magistrates subordinate to him, and where the District Magistrate cannot deal with the case himself under Section 436 or 437 of the Code, he shall report to the High Court without any delay under Section 438 of the Code any case, the judgment or order in which in his opinion, calls for revision.
(3) In the absence of any urgency no reference should be made from the proceedings of Magistrate, in cases where an appeal is provided by law until the time allowed for appeal has expired. Where an appellate order or judgment is in existence, the reference should be on that order and not on the order of the court of first instance.
District Magistrate to comply with requisitions of Sessions Judge
272. District Magistrates shall comply with all requisitions for records, returns and informations made by the Sessions Judges. They shall render any explanation with Sessions Judges may require from them or from Subordinate Magistrates in such cases.
Form of reference to the High Court
273. In making a reference under Section 438 of the Code, Sessions Judges and District Magistrates should not enter into a lengthy discussion upon the points of the case, but should merely submit with a covering letter concise report giving the result of their examination of the record.
Explanation of the erring Magistrates
274. In each case the reference must contain the explanation of the Magistrate concerning the alleged error referred or set forth the reasons why such explanation is not sent. The explanation should be obtained through or by the District Magistrate in all cases.
Material records to be sent up
275. In all cases, the material part of the record of the connected case or cases, if any, should be sent up.
Certified copies of judgments or orders to be filed in all revision cases
276. In all revision cases certified copies of the judgments or orders sought to be revised should invariably be furnished.
Reference to the Government under Section 401 or Section 402 of the Code
Application to the Government to remit or commute sentence
277. Whenever a Sessions Judge or Magistrate is of opinion that there are grounds for recommending to the Government the exercise of powers vested in them by Section 401 or 402 of the Code, of remitting or commuting any sentence adjudged by the Criminal Courts, the recommendation for remission or commutation of the punishment shall be submitted to the Government (a) through the High Court when made by a Sessions Judge, (b) through the Sessions Judge and the High Court when made by a District Magistrate and (c) through the District Magistrate and the High Court when made by any Magistrate other than a District Magistrate.
Report of Sessions Judge on reference under Section 401 to be submitted to the Government through the High Court
278. In cases in which the opinion of Sessions Judge is called for by the Government under such Section 401 of the Code, the Sessions Judge’s reply should be forwarded through the High Court, whether the requisition for the opinion has been received through the High Court or not.
Reference to the Government in cases of infanticide
279. In all cases where women are convicted for the murder of their infant children, a reference should be made, through the High Court, to the Government with an expression by the Sessions Judge of his opinion as to the propriety or otherwise reducing the sentence.
Every such reference shall be accompanied by a certified copy of the record of the trial or such record thereof as exists.
CASE LAW
If a case falls under this Rule for reduction of sentence, death sentence is not appropriate.
see: 1939 M.W.N, at page 113
CHAPTER XI
EXECUTION OF SENTENCES AND DISPOSAL OF PROPERTY
WARRANT OF COMMITMENT
Committal warrants in English
280. All warrants of commitment shall be written in English and sealed with the seal of the Court.
Separate warrant for each prisoner
281. When two or more persons are convicted and sentenced to imprisonment at the same time, a separate warrant of commitment shall be issued for each one of them.
No fresh warrant need be issued in cases under Section 401 or 402 of the Code
282. In cases in which the Central Government or the State Government suspends, remits or commutes a sentence under Section 401, 402 or 402A of the Code and in cases in which the President or the Governor under Article 72 or Article 161 of the Constitution grants a pardon, reprieve or remission, no fresh or revised warrant need be issued.
Sessions Judge to fill in the particulars as to diet etc., in warrants issued by the High Court
283. Whenever the High Court, in a case submitted to it by a Sessions Judge under Section 307 of the Code, convicts the accused and passes sentence on him and issues a warrant of commitment to the Jail through the Sessions Judge, it is the duty of the Sessions Judge to fill in the particulars as to diet, classification and other matters shown on the warrant before it is sent to the Jail.
Convicts to be classified as “habitual” or “casual”
284. Whenever possible, a Court which convicts an accused person should decide whether he is to be classified as an “habitual”, or “casual” convict, and make a note of the decision of the warrant of commitment for the information of the Jail authorities.
The following persons are liable to be classified as “habitual criminals”, namely:—
(i) Any person convicted of an offence punishable under Chapters XII, XVII and XVIII of the Indian Penal Code, whose previous conviction or convictions taken in conjunction with the facts of the present case, show that he is, by habit, a robber, house-breaker, dacoit, thief or receiver of stolen property, or that he habitually commits extortion, cheating, counterfeiting coin, currency notes or stamps, or forgery;
(ii) Any person convicted of an offence punishable under Chapter XIV of the Indian Penal Code (Central Act XLV of 1860), whose previous conviction or convictions, taken in conjunction with the facts of the present case, show that he habitually commits offences against the person;
(iii) Any person committed to or detained in prison under Section 123 read with Section 109 or Section 110 of the Code;
(iv) Any person convicted of any of the offences specified in (i) above when it appears from the facts of the case, even although no previous conviction has been proved, that he is, by habit, a member of a gang of dacoits, or of thieves or a dealer in slaves or in stolen property; and
(v) Any person convicted by a Court or Tribunal acting outside India under general or special authority of the Central Government of an offence which would have rendered him liable to be classified as a habitual criminal if he had been convicted in a Court established in India.
Explanation.—For the purposes of this definition, the word “conviction” shall include an order made under section 118, read with section 110 of the code.
(1) The classification of a convicted person as a habitual criminal should, ordinarily, be made by the convicting Court, but if the convicting Court omits to do so, such classification may be made by the District Magistrate, or in the absence of an order by the convicting Court or District Magistrate, and pending the result of a reference to the District Magistrate, by the officer in-charge of the Jail, where such convicted person is confined:
Provided that any person classed as a habitual criminal may apply for a revision of the order.
(2) The convicting Court or the District Magistrate may, for reasons to be recorded in writing, direct that any convicted person or any person committed to or detained in prison under Section 123 read with Section 109 or Section 110 of the Code shall not be classed as a habitual criminal and may revise such direction.
(3) Convicting Courts or District Magistrates, as the case may be, may revise their own classifications and the District Magistrate may alter any classification of a prisoner made by a convicting Court or any other authority, provided that the alteration is made on the basis of facts which were not before such Court or Authority.
Note.- The expression “District Magistrate” wherever it occurs in paragraphs (1), (2) and (3) above means the District Magistrate of the district in which the criminal was convicted, committed or detained and includes a Metropolitan Magistrate.
(4) Every habitual criminal shall, as fat as possible, be confined in a special Jail in which no prisoner other than habitual criminal shall be kept:
(See: Rules 216 and 217, Prison and Reformatory Manual, Volume II) Provided that the Inspector-General of Prisons may transfer to this special Jail any prisoner, not being a habitual criminal, whom, for reasons to be recorded in writing, he believes to be of so vicious or depraved a character and to exercise, or to be likely to exercise so evil an influence on his fellow prisoners that he ought not to be confined with other non-habitual prisoners, but a prisoner so transferred shall not otherwise be subject to the special Rules affecting habitual criminals.
Levy of fine to be endorsed on the warrant or notified to the Jail authorities
285. When an accused person is sentenced to imprisonment as well as, or in default of payment of a fine, the warrant issued to the Jail authorities shall contain definite information as to whether the fine has been paid, or not, in whole or in part. If the warrant does not furnish this information a reference shall forthwith be made by the Jail authorities to the committing Court to ascertain whether the fine has been paid and the purport of the reply shall be noted on the warrant.
Subsequent levy of fine to be notified to the Jail authorities
286. When the fine is paid or recovered in whole or in part after the admission of the prisoner into jail the responsibility for intimating to the jail authorities the fact of the payment rests entirely with the court. Such intimation shall invariably be acknowledged by the Jail authorities and the acknowledgement shall be filed by the court for the future reference. On receipt of the intimation from the court, the jail authorities shall endorse the information on the warrant. Intimation sent by post by the court under this rule shall be registered with acknowledgement due.
Intimation from Court to bear its seal
287. Intimations sent by a criminal court to the superintendent of a Jail that a fine which the prisoner has been ordered to pay has been paid or recovered in whole or in part shall bear the seal of the Court.
Sentences of imprisonment how calculated
288. In calculating sentences of imprisonment, the day on which the sentence is passed and the day of release both ought to be included and considered as days of imprisonment; for example, a man sentenced, on the 1st January to one month’s imprisonment should be released on the 31st January, not on the 1st February.
Warrants of commitment returned after execution to form part of the records of the case
289. Warrants of commitment which are returned to Courts after the execution of sentences should be filed with the records of respective cases and dealt with under the rules for destruction of records.
COMPENSATION UNDER SECTION 545 OF THE CODE
Payment of amount of compensation
290. The court by which fine or any portion of a fine has been awarded as compensation under section 545 of the code shall, on the application of the person to whom such compensation has been awarded, grant an order for payment of the amount awarded direct to the treasury to which such amount has been remitted together with a certificate to the effect that either:
(1) the sentence and award, are not subject to appeal or have been confirmed by the Appellate Court and that no order has been received from the court of revision modifying or reversing the order of compensation; or
(2) whether the order as to compensation has been modified in appeal or revision, that the payment order is in conformity with such modification; or
(3) that the appeal time has expired and that no appeal has been preferred, and that no order has been received from the Court of Revision modifying or reversing the order of compensation,
Note.- If the fine is imposed in a case which is subject to appeal, the order for payment shall not be granted till after the expiry of one or other of the periods specified in section 345 (2) of the Code,
Certificates as to appeal
291. In cases in which the court awarding the compensation may be unable to certify whether an appeal has actually been preferred the party desirous of obtaining payment of the amount of compensation in deposit may apply to the appellate court to certify whether or not any appeal has been preferred, and on such application being made, the appellate court shall grant the required certificate.
Compensation otherwise than under Section 545 of the Code
292. Compensation awarded under sections 250 and 553 of the code, and compensation and all other sums recoverable like fines under any other provision of law and not creditable to “Administration of Justice” should be dealt with in the manner provided in the foregoing rules for compensation awarded under section 545, provided that, if the order to pay such compensation or other sum is reversed or modified in appeal or revision, the payment order on the treasury shall be given to the party or parties entitled to draw the money.
Intimation to be given to the Controller of Defence Accounts - Pensions, Allahabad
293. When a military pensioner is convicted and sentenced to imprisonment or where such conviction and sentence of imprisonment are confirmed in appeal, the Court passing or confirming such a sentence shall forward to the Controller of Defence Accounts - Pensions, Allahabad, free of charge, a copy of such judgment as soon as possible after it is pronounced stating the place from where the pensioner last drew his pension.
Magistrate other than District Magistrate shall forward such judgment through the District Magistrate.
Assistant and Additional Sessions Judges shall forward such judgments through the Sessions Judge.
Presidency Magistrate other than the Chief Metropolitan Magistrate shall forward such judgments through the Chief Metropolitan Magistrate.
The rule applies also to judgment of the High Court exercising powers of appeal or revision, of disposing of reference under section 307 of the code.
NOTIFICATION OF RESIDENCE BY RELEASED CONVICTS
Notification of residence by released convicts
294. (1) When an order has been passed under Section 566 of the Code, that a convict shall notify his residence and any change of residence after release for a specified term, the Court or Magistrate passing such order shall enter a record thereof in the warrant of commitment issued under Section 383 of the Code in respect of such convict.
Note.- In applying the above rules to the case of a wandering man who has no “residence” in the sense of a fixed place of abode, he may be reasonably interpreted as meaning that he resides at the place where he sleeps, even if he remains there only one night. On his release he may, therefore, be asked under sub-rule (2) where he is going to stay and he may be told that if he moves about the country he must always notify the place of his temporary abode to the police.
Convict to state particulars of his intended residence
(2) A convict in respect of whom such an order has been passed shall, when called upon by the officer in charge of the Jail in which he is confined, state before his release the place at which he intends to reside after his release, naming the village or town and the street therein.
To notify to nearest police station
(3) After release and on arrival at his residence he shall within 24 hours notify at the nearest Police station that he has taken up his residence accordingly.
Intention to change residence to be notified
(4) Whenever he intends to change his residence he shall, not less than two days before making such change, notify his intention at the nearest police station, giving the date on which he intends to change his residence and the name of the village or the town and street in which he intends to reside, and on arrived at such residence he shall, within 24 hours, notify at the nearest police station that he has taken up his residence accordingly.
Reasonable time to change residence
(5) The officer recording a notification under either sub-rule (2) or sub-rule (4) shall appoint such period as may be reasonably necessary to enable the convict to take up his residence in the place notified. If the convict does not take up his residence in such a place within the period so appointed, he shall not later than the day following the expiry of such period, notify his actual place of residence to the officer in charge of the police station within the limits of which he is residing.
Intimation of absence between sunset and sunrise
(6) Whenever a released convict intends to be absent from his residence between sunset and sunrise he shall notify his intention at the nearest police station, stating the time and purpose of such absence and the exact address where he can be found during that period.
Notice to be given of change
(7) Every notice required to be given by the foregoing rules shall be given by the released convict in person unless prevented from doing so by illness or other sufficient cause, in which case the notice required shall be sent either by letter duly signed by him or by an authorised messenger on his behalf.
Officer to certify receipt of notice
(8) Whenever the released convict gives any notice required by the foregoing rules, he will be furnished with a certificate to the effect that he has given such notice by the officer to whom he gives it.
Copy of order and Rule to be served on convict
(9) A copy of the order specified in sub-rule (1) shall be served on the convict before his release from Jail. A copy of these rules in English and the regional language shall at the same time be given to him, and the substance thereof fully explained to him in a language he understands. He shall also be informed for what period he is bound to observe these Rules, and that any neglect or failure to comply with them will render him liable to punishment as if he had committed an offence under Section 176 of Indian Penal Code.
Police to call upon convict and serve notice
(10) If a convict in respect of whom an order has been passed under section 565 of the Code shall have been released from Jail without a copy of the said order having been served upon him, and the formalities specified in these rules having been complied with, he may at any time while the order remains in force, be called upon by the police to report himself on a given day at a police station near the place where he is found, and on his reporting himself the copy of the order shall be served on him and the other formalities prescribed in sub-rules (2) and (4) shall be complied with.
Note.-In applying the above rules to the case of a wandering man who has no “residence” in the sense of a fixed place of abode, he may be reasonably interpreted as meaning that he resides at the place where he sleeps, even if he remains there only one night. On his release he may, therefore, be asked under sub-rule (2) where he is going to stay, and he may be told that if he moves about the country he must always notify the place of his temporary abode to the police.
Disposal of counterfeit coins and forged currency notes
295. (1) When counterfeit coins have to be disposed of by a criminal court under sections 517, 523 or 524 of the code, they shall be forwarded together with any dies, moulds, etc., which may have been produced in the case, to the nearest Treasury or Sub-Treasury with a request that they may be remitted to the mint for examination. A concise and accurate report should also be sent containing a description of the case and the sentence imposed.
(2) In the case of a forgery of currency notes, the disposal of implements, such as moulds, etc. produced in, and confiscated by a court of law, is a matter for the decision of the court which tries the case; and when they are ordered by the court to be delivered to the police for destruction, the police shall themselves arrange for their destruction, and not send them to the currency officers or mints for destruction: Provided that, if the Police consider any particular implements are of special interest, and should be preserved, they shall make them over to the Criminal Investigation Department for this purpose.
(3) All forged currency notes brought before the court shall be handed over to the Police for being forwarded to the Issue Department of the Reserve Bank of India, with a brief report of the case.
(4) All arms and ammunition of prohibited bore which are confiscated should be sent to the nearest arsenal for disposal.
Implements e.g. moulds, dies, etc., to be destroyed by the police
296. In all the appealable cases disposal of counterfeit coins, forged currency notes and implements such as moulds and dies, in accordance with the previous ‘rule’ shall be deferred till period of time allowed for preferring an appeal expires and in the event of appeal until it is disposed of.
Disposal of Excisable goods in Court custody
297. In the case of Excisable goods held in the custody of criminal courts, notice of the date of auction or other method of disposal shall be issued to the excise authority concerned requiring such authority to arrange for the collection of the duty leviable, if any, on the goods and for the issue of a transport permit where necessary. The Excise Authority may also be required to satisfy itself that the purchaser in auction or otherwise is licensed to deal in such goods.
(Added by P.Dis.No.151/85, High Court, Madras) [Disposal of unclaimed properties
297A. (1) In the case of unclaimed properties dealt with under Section 458 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), if no person establishes his claim to such properties within six months from the date of proclamation in the District Gazette, the Magistrate empowered by the state government may sell the properties in court auction and credit the sale proceeds to the Government.
(2) If any person establishes his right to the sale proceeds at a later stage, the amount may be refunded to him following the procedure for the refund of fine.]
CHAPTER XII
RULES FOR LEVY OF FINES
Rules under Section 386 (2) of the code for the execution of warrants for levy or fine, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant.
Warrant for levy of fine
298. (1) A warrant for the levy of fine issued under clause (a) of sub-section (1) of section 386 (Added by P.Dis.No.151/85, High Court, Madras) of the code, shall be directed to a police officer and shall be in Form No. XXXVII of the schedule V to the code.
(2) The authority issuing the warrant shall specify a time for the sale of the attached property and for the return of the warrant.
(2A) The following articles shall not be liable to attachment or sale, namely:— The necessary wearing apparel, cooking vessels, beds and bedding of the offender, his wife and children and such personal ornaments is in accordance with the custom or religious usage cannot be parted with by a woman, for example a thali or wedding ring.
(3) (i) The attachment of movable property belonging to the offender shall be made by seizure:
Provided that, where, in addition to or in lieu of seizure, the police officer considers that either or both the methods referred to in clauses (b) and (c) of sub-section (3) of Section 88 of the Code should be adopted, he shall obtain an order to that effect from the Court issuing the warrant.
(ii) When the method referred to in clause (b) of sub-section (3) of Section 88 of the Code is adopted and a receiver is appointed, the powers, duties, and liabilities of such receiver shall be the same as those of a receiver appointed under Order XL of the First Schedule to the Code of Civil Procedure, 1908.
(3A) The police officer who makes an attachment of movables under sub-rule (3) may after attachment hand over the articles attached to a third party on a bond being executed in Form No. 15A of Appendix-E to the Code of Civil Procedure, 1908 for their custody and production before the Court when required.
(4) Before making the attachment, the police officer shall deliver or tender a copy of the warrant, to the offender or in his absence to any adult male member of his family. If a copy cannot be so delivered or tendered, the police officer shall affix a copy of the warrant at some conspicuous place where the property to be attached is found. After making the attachment the police officer shall in like manner deliver, tender or affix as the case may be, an inventory of the property attached.
(5) If no claim is preferred to any property attached, within one month from the date of attachment, by any person other than the offender the police officer executing the warrant shall have power to sell, within the time mentioned in the warrant, and without previous reference to the court issuing the warrant the property or such portion thereof as may be sufficient to satisfy the amount to be levied:
Provided that if the property attached consists of livestock or is subject to speedy and natural decay, or if its immediate sale would be for the benefit of the owner, the police officer, may sell it at once, but the proceeds of the sale shall not be appropriated towards the fine until the expiration of one month from the date of the attachment and until any claim preferred under rule 6 has been disposed of.
(6) If any claim is preferred to any property attached under rule 3 within one month from the date of such attachment, by any person other than the offender on the ground that the claimant has an interest in such property and that such interest is not liable to attachment, the claim shall be enquired into and disposed of as provided for in rules 7 to 9:
Provided that if any claim preferred within the period allowed by this rule may, in the event of the death of the claimant be continued by his legal representative.
(7) Claims may be preferred under rule 6 in the Court by which the warrant is issued, or if the claim relates to property attached under a warrant endorsed by a District Magistrate or the Chief Metropolitan Magistrate under Section 387 of the code, the court of such Magistrate.
(8) Every such claim shall be enquired into and disposed of by the court in which it is preferred:
Provided that if preferred in the court of a District Magistrate or Chief Metropolitan Magistrate, such Magistrate may make it over to any Magistrate of the First or Second Class, or to any Metropolitan Magistrate, as the case may be, subordinate to him.
(9) The enquiry shall be summary and the court shall record its decision on the claim with the reasons there for. Such decision shall be final and shall forthwith be communicated to the police officer executing the warrant who shall dispose of the property in accordance with such decision.
(10) The police officer executing the warrant shall, as soon as possible after the sale, produce the sale proceeds before the court issuing the warrant, or if the property was sold under a warrant endorsed by a District Magistrate or Chief Metropolitan Magistrate under section 387 of the code, in the court of such Magistrate.
(11) Subject to the proviso to sub section (1) of section 386 of the code, and subject also to Section 70 of the Indian Penal Code, if, any time subsequent to the return of the warrant, the fine, or any part thereof, remains unpaid and the court has reasonable grounds for believing that the offender has any movable property, it may issue a fresh warrant for the attachment and sale of such property, in accordance with the code of these rules.
CHAPTER XIII
SUPERVISION OF SUBORDINATE CRIMINAL COURTS
ANNUAL INSPECTION
Supervision by Sessions Judges subject to the provisions of Section 17 (5) of the Code
299. (1) The supervision by the Sessions Judges are expected to exercise over the work of the Magistracy is subject to the provisions of Section 17 (5) of the Code.
Supervision of Courts by District Magistrates and Sub” Divisional Magistrates
(2) The Code declares all Magistrates to be subordinate to the District Magistrate. He is responsible for the supervision of their Magisterial work. The Sub-Divisional Magistrates must supervise the work of the Sub-Magistrates within their respective divisions and report to the Magistrates of the District any instances in which they consider that there is error in the proceedings of the Sub-Magistrates.
Points to be noticed in exercising supervision
300. Some of the points to which the attention of the Sessions Judges, District Magistrate and Sub-Divisional Magistrates is particularly directed in the exercise of their supervision are noted below:—
(a) Rash issue of process to the accused; judicious and discriminating use of the provisions of sections 203 and 253 of the Code.
(b) Dealing with disputed claims of civil right under colour of criminal charge.
(c) Indiscreet imposition of tines beyond the means of offenders.
(d) The imposition of heavy fines in addition to imprisonment with a view, in default of payment, to extend the term of imprisonment beyond the ordinary powers to the Magistrate to inflict.
(e) Indiscriminate extensions of the grant of time for the payment of fine without regard to principles laid down in Section 388 of the Code.
(f) Excessive sentences of imprisonment out of all reasonable proportion to the offence of which the accused has been convicted.
(g) Failure to make a discriminating and judicious use of the provisions of section 562 of the code, the (Substituted for “Madras” by the A.O., 1969) [Tamil Nadu] Children Act*, the (Substituted for “Madras” by the A.O., 1969) [Tamil Nadu] Borstal Schools Act and the (Substituted for “Madras” by the A.O., 1969) [Tamil Nadu] Probation of Offenders Act.
(h) Light punishment for offence requiring severe sentences with special reference to cases which should have been submitted by the Subordinate Magistrates to the superior courts for higher punishment.
(i) Exaction of excessive bail or excessive security for keeping peace or for good behaviour.
(j) Avoidable delay at any stage of the trial of the cases.
(k) Needless adverse remarks in judgments against public servants.
(Inserted by C.S.No.12, See G.O.No.3015 dated, 29-12-1952, Public (Separate) Department) [Security from Ministerial servants and testing of the same as to its sufficiency
300A. Under the instructions issued in paragraph 8 of Memorandum No, 16, Public (Separation) Department, dated 4th February 1950, the incumbents of the posts of Head Clerks in the Courts of District Magistrate and Sub-Divisional Magistrate, should furnish security for a sum of Rs. 250. The senior of the lower division clerks, where there is more than one clerk in the Court of the Additional First Class Magistrates and the Sub-Magistrates, should furnish a similar security as they too have been entrusted with the custody of cash and valuables. In Courts where there is only one clerk, the said clerk should furnish the security aforesaid. The Magistrates concerned shall, however, continue to be responsible for the custody of cash and valuables.
The District Magistrate (Judicial), should strictly insist on the security prescribed in paragraph (1) above, being furnished by the incumbence concerned within a reasonable time after their appointment to the post. All the clerks who do not furnish such security within the time allowed by the District Magistrate, should be replaced peremptorily following Rule 26 (f) of the Tamil Nadu Judicial Ministerial Service Rules If necessary, Service Commission should be immediately addressed for allotment of sufficient number of candidates for these security posts. The District Magistrate should also take steps, if need be, to appoint willing persons from the civil side to these posts as they are also included in category 5 of class IV of the Tamil Nadu Judicial Ministerial Service
The Rules contained in Chapter XII of the Tamil Nadu Financial Code, Volume I will mutatis mutandis apply to the security bonds furnished under this rule, provided that the form of the security bond shall be executed either in Form No. 11 or Form No, 12 (as the case may be) at page 343 of the Civil Rules of Practice and Circular Orders, Volume I1, and that notwithstanding the Instructions contained in Article 284 thereof, all security bonds in Form No. 11 or Form No. 12, should be registered under the Registration Act, 1908.
The security bonds and the fidelity bonds furnished under these rules shall be kept in the personal custody of the Head Clerk in the Court of the District Magistrate after testing of the personal security and the security in the form of immovable property, and the periodical verification referred to in Article 288 of the Tamil Nadu Financial Code, Volume I, may be carried out through the District Munsif having jurisdiction over the area within which the property is situated. The District Magistrates shall report to the High Court in their Annual Reports that such securities have been duly examined and are found to be satisfactory.
During their annual inspection of the Courts of District Magistrates, the Sessions Judges should see whether these rules have been followed and record their observations in their inspection notes.]
Inspection of Courts by District Magistrate and Sub-Divisional Magistrates
301. (1) District Magistrate shall inspect every year or often, if need be all the courts of Sub-Divisional Magistrates and Stipendiary and Honorary First class Magistrates in their districts and the Courts of Sub-Magistrates in the sub division directly under the charge or the District Magistrates. It is open to the District Magistrates to inspect in their discretion courts of the other Sub-Magistrates in the district.
(2) The Sub-Divisional Magistrates shall inspect at least once a year Courts of the Second and Third Class Magistrates in their jurisdiction and the Bench Courts.
(3) Copies of the reports of the inspection of the Courts of Sub-Divisional Magistrates and Stipendiary and Honorary First Class Magistrates should be submitted to the High Court by the District Magistrate with the least practicable delay.
Copies of the reports of the inspection carried out by the other Magistrates should be submitted without any delay to the District Magistrates.
Inspection of Bench Courts
302. (1) The Bench Courts in the Districts shall be inspected in the manner prescribed below:
(i) Sub-Magistrates shall inspect the register relating to property, fines and cash in the third and Second Class Bench Courts within their respective jurisdiction once a quarter, and
(ii) Sub-Divisional Magistrates, shall inspect the registers relating to property, fines and cash in the First Class Bench Courts or the Courts of the Honorary First Class Magistrates sitting singly within their jurisdiction once a quarter.
Note.—The inspection referred to in sub-rules (i) and (ii) above shall be conducted in the second fortnight of the month following each quarter.
(2) The reports of inspection should be submitted to the District Magistrates concerned; Sub-Magistrates mentioned in sub-rule (1)(i) above shall send the reports through the Sub-Divisional Magistrates.
(3) The Sub-Divisional Magistrates will however continue to inspect all the Bench Courts in their division once a year, as prescribed in Rule 301 in addition to the inspection referred to in sub-rules (1) and (2) above.
Tabular form to be annexed to judgment
303. The judgment in original decisions shall be in the form prescribed by section 367 of the code with a statement in tabular form giving in addition the following particulars viz.:—
Â
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Description of accused
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Date of
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Serial Number
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Name of Police-Station and Crime Number of the offence
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Name
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Father’s name
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Caste or race
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Occupation
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Residence
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Age
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Occurrence
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Complaint
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(Amended P.Dis.No.966/1961 (R.O.C.No.55/61-R.R.) vide Part V. P. 39 of Fort St. George Gazette, dated 10th January, 1962) [Filling charge-sheet]
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Apprehension
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Release on bail
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Commitment
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Commencement of Trial
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Class of Trial
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Sentence of order
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Explanation for delay
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2
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3
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18
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Only two copies in manuscript of this statement are required, one copy for record and one for transmission to the High Court. The one for record may conveniently be written up in a list to be bound up by way of index with the printed judgments for each year.
But in cases under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Traffic Rules, 1938, and the Prevention of Cruelty to Animals Act, 18902, the copy of the record need not be prepared.
List of witnesses, etc., to be appended to judgments
304. There shall be appended to every judgment a list of the witnesses examined by the prosecution and for the defence and by the Court, also a list of exhibits and material objects.
JUDGMENT ON CONVICTION FOR TWO OR MORE OFFENCES
Judgment to specify offence in respect of which sentence is passed
305. When an offender is convicted of two or more offences and it is competent to the court to award more than one sentence, that court shall, in its judgment, declare in respect of which offence or offences any sentence awarded is imposed.
Sub-section under which conviction to be stated
306. When an accused person is convicted under a Section of the Indian Penal Code, which contains several sub-sections with different punishments prescribed for the various offences dealt with, the judgment shall state under which sub-section the accused was charged and convicted.
Judgment to state whether previous conviction was proved or confessed
307. When enhanced punishment is awarded on account of previous convictions, it should appear in the judgment that the previous conviction was charged and proved or confessed.
Particulars of previous conviction when to be stated
308. Particulars of previous convictions and sentences shall be stated at the end of the judgment (whether original or appellate), in all cases where the rules require judgment to be submitted. Where no judgment is required to be submitted, but only a tabular statement (whether monthly or otherwise), particulars of previous convictions and sentences shall be invariably entered in the column of remarks. This rule does not apply to cases of acquittal.
Previous convictions to be noted in sessions calendars
309. In all sessions calendars submitted to the High court, particulars of previous convictions and sentences should be given except in cases of acquittal and a note should be made as to whether any or all of those previous convictions have been admitted by or proved against the accused.
CALENDARS IN SENTENCES OF FINE
Sentences of fine, what the calendars in such cases are to contain
310. Any Magistrate sentencing an accused person to the payment of a fine with imprisonment in default of such payment should allow him reasonable facilities for payment of the fine. The calendars in such cases should contain information in the column for remarks as to the payment of the fine and the orders to facilitate such payment.
Tabular statement to be given in appeal judgment
311. The judgment shall contain the particulars in tabular statement as in Judicial Form No. 126.
Contents of judgment
312. In all cases of appeal, the point Or points for determination in appeal and the reasons for the decision of the appellate court shall be stated.
When appeal is summarily rejected
When an appeal is rejected under Section 421 of the Code, the judgment shall contain a statement, if the fact be so, that the Court has perused the petition of appeal and a copy of the judgment or order appealed against and has heard the appellant, his counsel, vakil or agent, as the case may be, if they appeared, or if the fact be so that the appellant was called on the date fixed and did not appear either in person or by Counsel, Vakil or Agent.
Powers of Magistrates to be noted
313. The Magistrates shall indicate in their calendars, below their signatures, the extent of the magisterial powers with which they are invested.
COURT OF SESSIONS
Court of Sessions to send printed judgment to the High Court
314. (1) The Court of Sessions shall transmit to the High Court printed copies of all their judgments in original trials within (Amended as per P.Dis.N.188/65 of High Court, Madras) [fourteen days) from the date of pronouncing judgments in each case.
(2) The Assistant and the Additional Sessions Judges shall submit copies of the judgments in original trials through the Sessions Judge.
Delay in trials to be explained
315. Whenever more than three months have elapsed between the date of apprehension of the accused and the close of the trial in the Court of Sessions, an explanation as to the cause of such delay (in whatever Court it may have occurred) shall, invariably, be furnished.
Judgments and orders in certain cases to be sent (i) to the Sessions Judge by District Magistrates, and (ii) to the District Magistrates by Subordinate Magistrates
316. Except in cases dealt with under sections 204 (3), 243 and 247 of the Code, and in the case of offences set out in rule 318, the District Magistrates shall send to the Sessions Judges, and all Sub-Divisional Magistrates and First Class Magistrates, shall send to their District Magistrates within two days from the passing of the judgment or order or from the termination of the enquiry, copies of—
(a) Judgments in the form prescribed by Section 367 (Now refer the Relevant Section of Criminal Procedure code, 1973) of the Code;
(b) Orders of dismissal of complaint under Section 203 (Now refer the Relevant Section of Criminal Procedure code, 1973) of the Code and orders of discharge other than those under section 2592 of the Code in respect of which further enquiry can be made or directed under section 4362 of the Code;
(c) Extracts from registers of summary trials;
(Substituted by P.Dis.No.125/60, High Court, Madras) (d) All proceedings held by them under Chapters VIII and X (except orders made under section 143 (Now refer the Relevant Section of Criminal Procedure code, 1973) and Chapter XXXVI of the Code), and]
(e) Extract from the registers of preliminary enquiries under Chapter XVIII of the Code.
Judgments submitted under this rule, except judgments in summary trials should be accompanied by the information given in the tabular form prescribed by rule 303.
Monthly statements by Sub-Divisional, First, Second and Third Class Magistrates
317. (1) All Sub-Divisional Magistrates and Magistrates of the First, Second and Third Class shall submit to the District Magistrates (through the Sub-Divisional Magistrates in the cases of Magistrates of Second and Third Classes), a monthly statement in the following form in cases dealt with by them under Sections 204 (3) (Now refer the Relevant Section of Criminal Procedure code, 1973), 243 (Now refer the Relevant Section of Criminal Procedure code, 1973), 244 (Now refer the Relevant Section of Criminal Procedure code, 1973) and 259 (Now refer the Relevant Section of Criminal Procedure code, 1973) of the Code and in the case of offence noted under rule 318:—
(1) Calendar Case No. (2) Nature of offence. (with Sections of law) (3) Name of accused. (4) Caste. (5) Age. (6) Date of offence. (7) Date of filing. (8) Date of apprehension. (9) Commencement of trial. (10) Close of trial. (11) Date of judgment. (12) Verdict and sentence. (13) Explanation of delay. (14) Remarks.
(2) The monthly statement shall be submitted not later than the eighth day of the month following that to which the statement relates.
(3) Particulars of cases transferred to other Courts and to the register of long pending cases should be furnished in column 14.
(4) Every Magistrate shall certify at the foot of the statement that judgments have been written in cases disposed of and that the records of the cases included in the statement have been consigned to the record room duly indexed.
SECOND AND THIRD CLASS MAGISTRATES
Calendar statement and judgment to be sent
318. Except in cases dealt with under Sections 203, 204 (3), 243, 247 and 259 of the code and in cases of the offences noted below:—
(2) Any offences against the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] District Boards Act, 1920 the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Village Panchayats Act, 1950, and the Municipal Acts and the Conservancy clauses of the Police Acts punishable with fine or with imprisonment not exceeding one month;
(3) Offences under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Hackney Carriage Act, 1911;
(4) Offences under the Cantonments Act, 1924;
(5) Offences under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Act III of 1899;
(6) Cases falling under sections 3, 4 and 5 of (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Act III of 1889;
(7) Cases under sections 21 (d), (e) and (f) and 26 of the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Forest Act, 1882;
(8) Offences under the Cattle Trespass Act (Act I of 1871)
(9) Offences under (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Traffic Rules, 1938;
(10) Cases under the Prevention of Cruelty to Animals Act (Act XI of 1890)**; and
(11) Cases under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Prohibition Act, 1937 all Second and Third Class Magistrates shall submit to the District Magistrate through the Sub-Divisional Magistrate a calendar statement of each case tried by them in Judicial Form No. 122 or 123 as the case may be.
A judgment in the form prescribed by the code, section 367, or in the event of a case of terminating in the discharge of the accused otherwise than under section 259 of the code, the order of discharge shall accompany the calendar statement.
Calendar statement when to be submitted
319. Every such calendar statement from Second and Third Class Magistrates, and every extract from the register of preliminary enquiries under Chapter XVIII of the code from Second Class Magistrates, shall be submitted by them to the District Magistrate so as to reach the office of the Sub-Divisional Magistrate within two days from the close of the proceedings. The Sub-Divisional Magistrates will be responsible for their being not unduly delayed in their offices. It is not intended to relieve the Sub-Divisional Magistrates of the supervision they exercise over Second and Third Class Magistrates in their respective divisions.
District Magistrates to transmit judgments received to Sessions Judge
320. The District Magistrate shall forward the judgments and orders he receives under Rule 316 with the least possible delay, to the Sessions Judge, excepting those which he himself refers to the High Court.
Monthly statement in prescribed form to be submitted by Subordinate Magistrates except the Benches of Magistrates
321. (1) Every Magistrate other than a member of a Bench of Magistrates shall submit to the District Magistrate through the Sub-Divisional Magistrate a monthly statement in the following form:
1. Name of the Court;
2. Number of cases pending at the beginning of the month;
3. Number of cases for disposal:
4. Total number of cases for disposal:
5. Number of cases disposed of during the month:
6. Number or cases pending for—
(a) Less than two months:
(b) Over two months:
(c) Over six months:
(d) Over one year:
7. Total number of cases pending at the end of the month:
(2) Details or the pending cases shall be furnished by the Magistrate in a supplementary statement in the following form, viz.:—
CLASSIFIED STATEMENT OF CASES PENDING IN THE COURT OF THE …………… AT THE END OF THE …………… QUARTER ……………
Legal enactments
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Cases in which the accused have appeared
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Cases in which the accused have not appeared
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TOTAL
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Over 2 months
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Under 2 months
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Over 2 months
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Under 2 months
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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1. I.P.C.
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2. The Essential Commodities Act, 1955
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3. Genera Sales Tax Act
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4. Prohibition Act
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5. Tamil Nadu Forest Act
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6. Motor Vehicles Act
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7. Tamil Nadu Police Act
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8. The Tamil Nadu District Board’s Act, 1920 (Now, refer the Tamil Nadu Panchayats Act, 1994) and the Tamil Nadu Village Panchayats Act, 1950 (Now, refer the Tamil Nadu Panchayats Act, 1994)
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9. Tamil Nadu District Municipalities Act
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10. Other Acts
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(3) Brief explanations for pendency should be furnished for each of the case pending trial for over two mouths where the accused have appeared. The explanation should be furnished in the form prescribed below, viz.
1. Serial number.
2. Number of the case.
3. Nature of the offence (specify the Sections and the Act).
4. Number of accused persons.
5. Date on which the case was taken on file. (If a case has been transferred, both the date on which the case was first taken on file
6. Date on which the accused, first appeared in Court. (If there are more than one accused, the date of appearance of the last of the accused to appear should be shown in this column.)
7. Date on which trial commenced. (The date on which the first of the witnesses was examined.)
8. Number of prosecution witnesses cited.
9. Brief explanation for the pendency.
(4) The monthly statements shall be submitted to reach the District Magistrate not later than the eighth day of the month following that to which the statements relate.
Procedure of review of the monthly statements
322. The District Magistrate and Sub-Divisional Magistrates should review systematically the monthly statements of pending cases on the file of the Subordinate Magistrates in the district.
If a case shown as pending in a statement is not shown in the next month’s statement, it must be verified whether it finds a place in the register of calendars received (Form No. 17 or 18) or in the monthly statement prescribed in Rule 317 of the Criminal Rules of Practice. If any case is not found in the two latter statements, the calendar with a copy of the judgment should be called for from the Magistrate concerned.
Monthly Statements by Bench of Magistrates
323. (1) Every Bench of Magistrates shall submit to the District Magistrate through the Sub-Divisional Magistrate, a monthly statement in regard to its cases in the following form:—
Monthly Statements by Bench of Magistrates
1. Name of Court.
2. Number of cases pending at the beginning of the month.
3. Number of cases received during the month.
4. Total number of cases for disposal.
5. Number of cases disposed of in the month.
6. Number of cases pending at the end of month.
7. Number of cases pending for over — one month, three months, six months.
8. Brief explanation of cases pending for over three months.
(2) The monthly statement shall be submitted not later than the last day of the month following that to which the statement relates.
When judgments of Courts of First Instance to be sent to the High Court
324. When the judgments of Appellate Courts which are submitted to the High Court for perusal are expressed in terms which disclose nothing as to the nature of the offences, or the evidence relied on to establish them, or the circumstances which aggravate or extenuate the guilt of offenders, they should be accompanied by copies of the judgments of the Court of First Instance.
Special report may be sent in any particular case
325. When the Sessions Judge sees occasion to comment specially on the action of a Magistrate in connection with a case coming before the Sessions Court, he should send up to the High Court a special report on the subject in the form of a letter without awaiting the receipt of the calendar.
SESSIONS STATEMENT
Sessions statement
326. On the termination of each session, a statement in Administrative Form No. 35A should be submitted to the High Court.
This statement should include cases, if any, tried by Additional and Assistant Sessions Judge and should show whether a case was tried by the Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge.
Quarterly statement to be furnished by the Sessions Judge to the District Superintendent of Police
327. Sessions Judges should furnish to the District Superintendents of Police of their districts with a quarterly statement in Administrative Form No, 54 of Criminal Appeals and Revision cases disposed of by them.
RETURNS OF FINES
Rules for accounts of fines levied and refunded
328. Rules for securing uniformity and accuracy in the accounts 01 fines levied and refunded by Magistrates and Courts of Sessions.
Explanation.—In these Rules “fine” includes money awarded as compensation and any other money recoverable by a Criminal Court like a fine,
“Judge” includes Sub-Judge and District Munsif.
“Treasury” includes Sub-Treasury.
(A) GENERAL
(1) The account of tines imposed, levied and refunded shall be kept in the form prescribed as Criminal Register No. 20.
(2) The Register shall be kept in Court whenever the Judge or Magistrate is sitting; and each fine shall be recorded in it as soon as it is imposed, and the entries shall at once be initialled by the Judge or Magistrate in column 8.
(3) Moneys paid towards fine shall be received by the clerk authorised for the purpose in the presence of the Judge or the Magistrate. Acquaintance receipts in Administrative Form No. 61 shall invariably be granted and signed by the Judge or Magistrate himself, who, when signing them, shall initial the record of payment in Column 11 of the Fine Register (Register No. 20).
(4) Each Judge or Magistrate shall make remittance to one Treasury only. The instructions in clauses (2) and (3) above do not apply to the Metropolitan Magistrates’ Courts or the Courts of the Honorary Metropolitan Magistrates.
(5) All fines received by courts shall be remitted without delay, when the court is at the same place as a Treasury, remittance shall ordinarily be made on the same day or at least on the next working day. In the case of other courts, arrangements shall be made for remittance atleast once a week.
Sub-Registrars who have been appointed as Special Magistrates may remit Magisterial fines twice a month when their ‘courts are not at the same place as a Treasury.
(6) When fines are remitted to a Treasury, a remittance book in the shape of cheque book is revised Administrative Form No. 56 with each page consecutively numbered and divided by perforated lines into three parts shall be used, and the amount of the remittance with the necessary details entered in each part. The first part (the counterfoil) shall remain with the Judge or the Magistrate in the book. The second and third parts shall be sent to Treasury, the second part to be kept in the Treasury for account purposes and the third part to be signed by the Treasury Officer and returned to the Judge or the Magistrate as a receipt.
(7) When the receipt is returned by the Treasury Officer to the Judge or the Magistrate, it shall be affixed to the counterfoil and the fact of remittance recorded immediately in the fine register and the entries regarding it initialled by the Judge, or the Magistrate in Column (17).
(8) Bench Courts situated in Municipalities shall prepare an additional copy of the third part of Administrative Form No. 57 in manuscript and send it to the Treasury along with the second and third parts. The Treasury Officer will retain the second part and return duly signed the third part and the manuscript copy. On receipt of them, the Bench Court shall affix the third part to the counterfoil and transmit the manuscript copy to the Municipality concerned. The Bench Court shall furnish on the reverse of the manuscript copy particulars of the amount credited under the following heads:—
(i) Name of the party.
(ii) Assessment number.
(iii) Period to which the tax, or fee relates.
(iv) Case number.
(v) Tax or any other dues recoverable as tax.
(vi) Warrant fee.
(vii) Distraint fee, if distraint has taken place.
(viii) Expenses incidental to the detention and sale, if any, of the property distrained.
(ix) Costs of prosecution as fixed by the Magistrate.
(9) All fines realised by Courts will be finally credited to the Government. Grants in lieu of the various classes of fines realised by Courts will be paid by the Government to the local authorities or private bodies concerned, including Village and Forest Panchayats and Societies for the Prevention of Cruelty to Animals, as laid down in Article 306, (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] financial Code, Volume 1.
(B) THE MONTHLY STATEMENT
(1) On the last day of each month, Magistrates of all grades shall transmit to the District Magistrate, statements in the Administrative Form No. 30 showing the amount of fines imposed, levied and written off for the Treasury month as hereafter explained.
The District Magistrate shall review the monthly progress made in the collection of fines.
(2) Subordinate Judges and District Munsifs shall, on the last day of each month, transmit similar statements to the District and Sessions Judge.
(3) To effect an agreement between the figures in the monthly statement and the sums credited in the Treasury accounts, each Judge’s or Magistrate’s fine register and monthly fine statement shall be made up not for the calendar month but for the Treasury month of the Treasury with which he deals.
(4) Cases in which sanction to write off irrecoverable fines is required shall also be shown in Administrative Form No. 31, to be printed on the back of the Administrative Form No. 30. The Judge or Magistrate shall write in his own hand, the total of the amount to be written off in words as well as in figures. When any fine remains uncollected for three months, details shall be given below the statement of irrecoverable tines with an explanation, why it is not proposed to treat it as irrecoverable.
(5) The monthly fine statement shall be submitted to the District Magistrate or District and Sessions Judge through the Treasury Officer who shall verify the amounts shown as having been remitted to the Treasury and if they agree with his accounts, sign a certificate to that effect.
(6) For the purpose of the statement prescribed by these rules a court realising a fine imposed by another court shall treat it as if it had been imposed by itself sending notice of the recovery to the court which inflicted the fine.
(C) COMPENSATION
(1) Compensation awarded under Sections 250, 545, or 553 of the code and compensation and all other sums recoverable like fines which cannot be entered in Columns (4) and (5) shall be entered in column (7) of the Form now prescribed as Criminal Register No. 20 and the collection of such amount shall be entered in column (15).
(2) These amounts shall be retained in deposit to the Treasury subject to the order to the court awarding the compensation or of the Court of Appeal or Revision.
(3) The amount retained in deposit under the last pleading Rule shall be paid to the party entitled to the compensation or other sum on such party producing before the Treasury Officer a payment order together, with a certificate to the effect that either (i) the sentence and award or other order are not subject to appeal or have been confirmed by the Appellate Court, and that no order has been received from the Court of Revision modifying or reversing the order of compensation; or (ii ) where the order as to compensation or other sum has been modified in appeal or revision, that the payment order is in conformity with such modification; or (iii) that the appeal time has expired and that no appeal has been preferred and that no order has been received from the Court of Revision modifying or reversing the order. It in the case of compensation awarded under Sections 250 and 553 of the code, or other sums recoverable like fines, the order to pay such compensation or other sum is reversed or modified in appeal or revision, the payment order on the Treasury shall be given to the party or parties entitled to draw the money.
(4) When the compensation is awarded by a Court of Appeal and has to be paid out of a fine already credited to the Government, the amount of compensation shall, for purposes of the Treasury account, be treated as a magisterial refund and entered accordingly in Criminal Register No 20.
(5) Taxes and dues which have to be credited to local bodies shall be treated in the same manner but shall be credited at the Treasury at once to the local body concerned. If the court’s order subsequently reversed, the refund of the tax or due, shall be debited to Municipal or Local Funds as the case may be.
(D) CONSOLIDATED STATEMENTS
(1) The returns received from the Magistrates in administrative form No. 30 shall be compiled by the District Magistrate into a consolidated statement including the figures from his own court in the same form and transmitted to the District Treasury Officer.
(2) Similarly the returns received from Sub Judges and District Munsifs shall be compiled in the District and Sessions Court with the fines, if any, relating to that court and consolidated statement shall be transmitted to the District Treasury Officer
(3) The consolidated statement shall be forwarded to the District Treasury Officer as soon as possible after the beginning of the month.
(4) The consolidated statement shall be verified with the Treasury accounts by the District Treasury Officer, District Magistrates and District Judges being called upon to explain an; difference which may be discovered between the consolidated statements and treasury accounts,
(Rule 329 was inserted by P.Dis.No.26/68, High Court, Madras) Lapsed deposits
329. (1) (a) On or before the 5th January of each year, the Head Ministerial Officer of every court shall prepare a statement of all deposits not exceeding rupees five which have remained unclaimed for one whole year ending with the 31st December of the previous year and balance not exceeding rupees five of deposits partly repaid during that year and shall submit it t0 the Sessions Judge or Magistrate for his orders.
(b) With the sanction of the Sessions Judge or the Magistrate, which may be given without notice to the depositors, or to the persons to whose credit the sums may have been paid in or deposited, all sums included in the above said statement shall be treated as lapsed deposits, and carried to the credit of the Government:
Provided, however, that the Sessions Judge or the Magistrate may for reasons to be recorded in writing sanction the retention in deposit of any sum mentioned in the statement.
NOTE.—All sums less than fifty paise which are not disbursed within a month from the date of deposit may be remitted into the Treasury to the credit of Government direct, instead of being passed through the deposit account. No special sanction of the Sessions Judge or the Magistrate is necessary for the credit to the Government of such sums.
(2) All sums other than those mentioned in sub rule (1) paid into or deposited in the Court may be credited to the Government with the sanction of the Sessions Judge or the Magistrate, if they have remained unclaimed for four full years and if a notice has been issued in respect of them in the manner hereinafter prescribed.
NOTE.—The four complete years referred to in this sub rule should be computed with the reference to the date of the last payment and not from the date of the original deposit.
(3) On or before the 15th October of each year the Head ministerial officer of every court shall prepare a statement of the sums which are liable to be credited to the Government as lapsed deposits on the 1st January of the succeeding year under the operation of sub rule (2).
Note.—(i) In preparing the statement the sums should be entered in chronological order and separate totals should be given for deposits relating to different years.
(ii) Sums which have been attached or which form the subject of claim or a proceeding should not be included in the statement of deposits liable to be credited to the Government. Only such deposits as are unclaimed should be included.
(iii) Unclaimed deposits belonging to minors should be treated in the same way as other unclaimed deposits and in preparing the annual statement of lapsed deposits they should be entered therein like the others.
(4) The Sessions Judge or the Magistrate shall pass orders with respect to the sums entered in the said statement and may direct that with such exceptions, if any, as he may deem proper they be treated as lapsed deposits.
(5) (a) On or before the 1st November of each year, a statement of all the sums which are liable to be credited to the Government on the 1st January of the succeeding year shall be prepared and got published in the next ordinary issue of the District Gazette with a notice that unless the parties interested claim them on or before the 10th March of the succeeding year they will be credited to the Government, on or before the 1st November. A copy of the aforesaid statement and notice shall be exhibited on the notice board of the court and another copy shall also be sent to the Bar Association of the station where the court is located for being exhibited on its notice board.
(b) For the purpose of publication as aforesaid in the District Gazette, the statement shall be typewritten or prepared in legible manuscript and shall be sent to the press in time fix being published in the next issue of the District Gazette.
(c) Particulars shall be given in the aforesaid statement as to—
(1) number of case or proceeding in the Court;
(2) date of deposit and challan or T.R. number;
(3) the nature of the deposit;
(4) amount; and
(5) to whom due, ranks of the parties and the names of their Pleaders or Advocates.
(6) The particulars published in the Gazette and in the notice board of the Court as aforesaid shall be carefully compared with those in the statement on record in the Court, and the Sessions Judge or Magistrate shall on or before the 15th March of each year certify to the Treasury Officer, the sums which have to be credited la the Government according to sub rule (5) and in respect of which there has been no mistake or discrepancy in the publication. He shall similarly certify the sums which have to be credited to the Government according to sub rule (1)].
(Substituted by P.Dis.No.26/1968, High Court, Madras) [Applications for refund of lapsed deposits
330. (1) After the lapsed deposits have been credited to the Government, bills ought not to be drawn against these deposits, but when necessary, applications should be made in Form No. 65 of the Tamil Nadu Treasury Code [C and P. 65] to the Accountant General, through the Treasury Officers concerned, so that he may note the Treasury numbers of the deposits, thereon.
(2) Applications for refund of lapsed deposits shall, in the first instance, be made to the courts which remitted the deposits and shall, in cases where the application is presented after six months after the date on which the amount lapsed to the Government, be stamped with a Court -fee stamp of the value prescribed in Tamil Nadu Act XIV of 1955.
(3) Lapsed deposits credited to the Government, may be refunded Oil the authority of the officer by whom the deposit was remitted.
(4) At the end of each official year, the Sessions Judge or the Magistrate should furnish to the Treasury Officers, two statements of lapses specifying dates of receipt, number of the deposit and the balance at credit one statement should include deposits not exceeding rupees five unclaimed for one, whole account year and balances not exceeding rupees five of deposit partly repaid during that year and the other statement should include all items exceeding rupees live which have not been claimed for more than four complete years, with certificates to the effect that the sanction of the Judge or Magistrate has been obtained for the items shown therein being credited to the Government.
Note.—For the purpose of these rules, deposit includes compensation amounts, paid or collected under Sections 250, 545 or 553 of the Code of Criminal Procedure.]
CHAPTER XIV
RECORDS 1- INSPECTION AND COPIES INSPECTION OF RECORDS
(A) INSPECTION BY POLICE, SALT, EXCISE AND FOREST OFFICERS AND PUBLIC PROSECUTORS:
Inspection by Police or Public Prosecutor
331. Whenever it shall appear to any officer of police, not below the rank of Sub-Inspector of Police, that an inspection of the records of any criminal trial or appeal will facilitate the detection or prevention of crime or is desired for examination of the conduct of police officers connected with the case, and whenever the inspection of such records may be desired by a Public Prosecutor, in the exercise of his duty as Public Prosecutor, such officer or Public Prosecutor, as the case may be, may apply to the Sessions Judge or Presiding Magistrate of the Court in which the records are lodged for permission to inspect the same.
Procedure on application
332. The application referred to in the preceding rule shall be made in writing and shall contain a description of the records and shall state the purpose for which the inspection is sought, and the Sessions Judge or Magistrate may grant or refuse the application as he may seem fit. If the application is refused, the Sessions Judge or Magistrate shall record the reasons for refusal and shall communicate a copy thereof to the officer of police concerned, or to the Public Prosecutor as the case may be. If the application is granted, the Sessions Judge or Magistrate shall make arrangements for permitting the inspection to be conducted in accordance with the next following Rule
Conduct of Inspections
333. Every inspection of records under these rules shall be conducted by an officer of police not below the rank of Sub-Inspector of Police, or, if the inspection is granted on the application of a Public Prosecutor, then by the Public Prosecutor himself; it shall take place within the precincts of the court in which the records are lodged and in the presence of an officer of the court who shall be deputed by the Sessions Judge or Magistrate for the purpose, and no record or part of a record shall be removed by the inspecting officer from precincts of the court.
Inspection by Public Prosecutor, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai]
334. The Public Prosecutor, Chennai, if he wishes to inspect the original records of criminal Courts, should request the High Court through the Registrar.
Inspection by officers of other departments
335. Subject to the conditions contained in Rules 331 to 333 the privilege of inspecting records in a criminal proceeding is extended to—
(1) Officers of the Salt and Customs Department in charge of a Circle, Assistant Inspectors and Inspectors of Excise, Commercial Tax Officers and Gazetted Officers of the Forest Department, so far as such records relate to their respective departments; and
(2) Officers of the Income-tax department including the Special Investigation Branch attached to it, not below the rank of Income Tax Inspectors duly authorised by Income Tax Officers in respect of records other than Police case diaries and reports and any confidential portion of such records.
(Added by P.Dis.No.155/81, High Court, Madras) [(3) Officers of the Co-operative Department duly authorised by the District Co-operative Audit Officers, so fat as such records relate to their Department in appropriate cases, excepting in cases where the offence is forgery.
Explanation.—The concerned Presiding court shall decide which is an appropriate case.]
Taking extracts
336. An officer inspecting records under these rules can take extract there from, if he considers it necessary to do so.
(B) INSPECTION BY THE COLLECTOR OF RECORDS OF COURT OF SESSIONS:
Inspection by the Collector of records of Court of Sessions
337. Whenever a Collector requires information with regard to the Sessions trial in addition to that appearing in the finding and sentence of the Court of Sessions, he shall be at liberty, after giving due intimation to the Sessions Judge, to depute one of his Clerks to inspect the records and make copies or extract of such parts thereof as appear material for the purposes which the Collector may have in view, and the Sessions Judge shall permit such Clerk to inspect the records and take copies or extracts thereof. Every inspection of records under this rule shall be made within the precincts of Court of Sessions in which the records are lodged and in the presence of an officer of the Court deputed by the Sessions Judge for the purpose. No record or part of a record shall be removed by the inspecting of rice I’ from the precincts of the Court.
Uncertified copies not to be granted
338. No copies of, or extracts from, the record of any proceedings of any Criminal Court subordinate to the High Court shall be issued unless certified to be true by the proper officer of the court. This rule shall not apply to copies or extracts granted to prisoner in confinement under any order passed in such proceedings for the purpose of appeal or application for revision.
Copies to be given to parties
339. (1) Copies of any portion of the record of a criminal case must be furnished to the parties concerned on payment of the proper stamp and the authorised fee for copying. Where the Judge’s notes form the only record of the evidence, copies of those notes be given.
Explanation.—Proper stamp referred to above includes search fees leviable under the Standing Orders of the Board of Revenue.
Scale of search fees
2 (1) When the document applied for belongs to a year previous to the current calendar year, a search fee, in Court-fee stamps, according to the sub-joined scale, must be affixed to the application.
(i)
|
When the document belongs to any year prior to the year, but it is not more than 10 years old,—
(a) Fee payable for the first document or entry applied for or if only one document or entry is applied for, then for that document or entry.
|
Rs.
(Amended, vide Part V page 38 of the Fort St. George Gazette, dated 10th January, 1962) [1.00]
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Â
|
(b) Fee payable for every document or entry other than the first included in the same application and connected with the same subject
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(Amended, vide Part V page 38 of the Fort St. George Gazette, dated 10th January, 1962) [0.50]
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Â
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(c) When the applicant does not know to which of two or more years a document or entry belongs the fee for searching the records for every year other than the first.
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(Amended, vide Part V page 38 of the Fort St. George Gazette, dated 10th January, 1962) [0.50]
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(ii)
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When the document is more than 10 years old, but does not relate to any year prior to 1858,—
(a) Fee payable for the first document or entry applied for or if only one document or entry is applied for, then, for that document or entry.
|
(Amended, vide Part V page 38 of the Fort St. George Gazette, dated 10th January, 1962) [2.00]
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Â
|
(b) Fee payable for every document or entry other than the first included in the same application and connected with same subject.
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(Amended, vide Part V page 38 of the Fort St. George Gazette, dated 10th January, 1962) [1.00]
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Â
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(c) When the applicant does not know to which of two or more years a document or entry belongs, the fee for searching the records of every year other than the first.
|
(Amended, vide Part V page 38 of the Fort St. George Gazette, dated 10th January, 1962) [1.00]
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(iii)
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When the document belongs to a year prior to 1858,—
(a) Fee payable for the first document or entry applied for or if only one document or entry is applied for, then, for that document or entry.
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(Amended, vide Part V page 38 of the Fort St. George Gazette, dated 10th January, 1962) [5.00]
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Â
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(b) Fee payable for every document or entry other than the first included in the same application and connected with the same subject.
|
(Amended, vide Part V page 38 of the Fort St. George Gazette, dated 10th January, 1962) [2.50]
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Â
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(c) When the applicant does not know to which of two or more years a document or entry belongs the fee for searching the records of every year other than the first.
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(Amended, vide Part V page 38 of the Fort St. George Gazette, dated 10th January, 1962) [2.50]
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Note.- Only one search lee at the rate applicable to the document need be paid for all papers filed together and forming a single record. For instance if a person applies for all the depositions relating to a Magisterial cast, he need only pay one fee applicable to the whole record in which they are filed.
(3) As an exception to this rule, Government direct that, in future, copies of the statements under section 162 of the code which are recorded in case diaries should be granted free of cost in cases in which the accused is entitled to be defended at the expense of the State. Attention is also invited to rule 167 above.
(Inserted by Correction Slip No.81/60) [Counting of words
339. Four figures shall be taken as equivalent to one word and words in Indian languages with short suffixes and influctions shall be counted a single word.]
Procedure when documents for which copies are applied for are in another Court
340. If the records of the case or the documents of which a copy is applied for have been sent to another Court, the application for the copy may, at the opinion of the applicant be forwarded to the said Court for compliance or be returned to him for presentation to the said Court.
Copies by whom certified
341. The correctness of all copies of Magisterial records granted on application of private persons and of all copies of calendars and judgments to be submitted to the District Magistrate or the Sessions Judge may be certified by the Chief Ministerial Officer of the Magistrate’s Establishment.
Note.—Under section 76 of the Indian Evidence Act, 1898 (Central Act I of 1898) every certified copy issued should bear the seal of the court.
Endorsements on copies
341. Every copy shall bear an endorsement showing the following dates:—
(i) Application made.
(ii) Stamp papers (or charges) called for.
(iii) Stamp papers (or charges) deposited.
(iv) Copy ready.
(v) Copy delivered or posted.
Notice of certified copies ready for delivery
343. In Magistrate’s Courts, a list of certified copies ready for delivery shall be posted on the notice board of the Court concerned and shall remain there for one week. The list shall state the number of the copy applications and the names of the persons to whom the copies are to be delivered. The list shall be affixed to the Court notice board immediately the Court opens on the following day. After the expiry of one week, the list shall be taken down and any copies which remain unclaimed shall be sent in the applicants by post - “service unpaid” as prescribed in G.O. No. 340, Public (Services), dated the 21st February 1939.
(Inserted by P.Dis.No.61/1969, High Court, Madras) [If the cover is returned undelivered for any reason, the head of the office should pay the postage out of his contingencies. The cover and its contents should be retained for two weeks so that, if the addressee appears and applies for the copies in person, they may be handed over to him after recovering the cost of postage paid from contingencies. If he does not so appear, the certified copies should be destroyed and a note of such destruction made in the remarks column of the copy application register against the item concerned. The unused stamp papers should be sent to the local or nearest Sub-Treasury Officer.]
Copies to Government officers
344. (1) The Gazetted Officers of all departments and all officers who, not being Gazetted Officers, are entitled to inspect records, can obtain certified copies of the same, except as regards officers of the police department and police prosecutors such right extends only to obtaining certified copies of records relating to the officer’s own department.
Order of refusal to contain reasons
(2) The Judge or Magistrate may, in his discretion, grant or refuse the application. If the application is refused, the Judge or Magistrate shall record the reasons for his refusal and shall communicate a copy thereof to the officer concerned.
Inter departmental supply of copies
(3) Copies of orders or records which one department of Government proposes to supply to another department on applications shall be made on plain unstamped paper and hy ordinary staff.
Lengthy records
(4) If lengthy records are concerned, the work should be transferred to the copying staff and the decision as to who should prepare the copy rests with the officer to whom the copy application is made.
The department applying for copies should furnish copy stamp papers for the purpose and debit the cost thereof to its contingent charges:
Provided that the cost of making copies of judgments convicting or acquitting government servants of criminal offences or of orders discharging such servants, which are supplied on application to the heads of departments concerned, shall be debited to the contingent charges of the Courts supplying the copies.
Explanation 1.—‘The Heads of Departments’ in the foregoing proviso shall include a Head of a Department of the Central Government also.
Explanation 2.—‘The Postmaster-General’, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] shall be deemed a Head of a Department for purpose of the foregoing proviso.
Copies to Jail Department
(5) The Department should, however, be supplied with copies of judgments on plain unstamped paper. If extra staff is required for this purpose, the Government may be addressed for the employment of section-writers temporarily.
Copies to Public Prosecutor
(6) The above principles also apply to the grant of copies to Public Prosecutors. Copies of documents which are required by them while the trial or appeal is pending, should be made by the clerk of the court of sessions in charge of the records or by some one working in his presence and under his immediate supervision. No charge should be made by the regular Establishment of the Court. In cases where lengthy documents have to be copied and the work is done by the Copyist Department, the cost of the copy stamp papers used for same should be debited 10 the contingent allowance of the Courts issuing copies.
(7) Copies of relevant record in any criminal proceedings should be supplied to the Public Prosecutor of the district concerned on the application, either on copy stamp paper or on plain paper at the discretion of the Judge or Magistrate.
(8) Copies of calendars, judgments and other orders of Criminal Courts shall be granted to Assistant Public Prosecutors on the same conditions as those mentioned in sub-rule (6).
(9) Copies of calendars, judgments and other relevant records shall be granted to the Government Pleader, Chennai, in those Criminal Proceedings in which he is authorised by the Government to appear and prosecute, on the same conditions as those mentioned in sub-rule (6) above.
Copy of judgment when to be sent to the Head of the Department
345. (1) Where in a judgment or order a District Magistrate or a Sessions Judge impugns the character or conduct any Government servant, and if the District Magistrate or the Sessions Judge, as the case may be, regards the matter as serious enough to call for departmental enquiry or action, be shall forward a copy of the judgment or order to the head of the department or immediate superior of the Government servant concerned.
(2) Where in a judgment or order a Magistrate subordinate to a District Magistrate impugns the character or conduct of any government servant, the Magistrate shall submit a separate copy of the judgment or order to the District Magistrate; and if the District Magistrate is of the opinion that the matter is serious enough to call for a departmental enquiry or action, he shall forward the copy of the judgment or order to the head of the department or immediate superior of the Government servant concerned.
(3) Where in a judgment or order, a District Magistrate or Sessions Judge impugns the character or conduct of an official or the Co-operative Department, a copy of judgment or order shall be forwarded direct to the Government in the Administrative Department concerned.
(Inserted by P.Dis.No.489/69, High Court, Madras) [(4) Where in a judgment or order, a District Magistrate or Sessions Judge impugns the character or conduct of a Railway official in respect of offences committed by him under the Railway Property (Unlawful Possession) Act, 1966, a copy of judgment or order shall be forwarded direct to the Chief Security Officer, Southern Railway, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] free of charge].
Government officials - judgments to be furnished to the heads of departments
346. In cases where the Government officials are charged with criminal offences, copies of judgments and orders, and where they are in a regional language, translations thereof in English shall be furnished by the Court to the heads of departments concerned, free of charge.
(Substituted by P.Dis.No.115/63, High Court, Madras) [346A. In cases arising under the Railway Property (Un lawful Possession) Act, 1966, triable by the Criminal Courts, copies of Judgments and Orders shall be furnished by the Court to the Chief Security Officer, Southern Railway, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] free of charge].
(Substituted by P.Dis.No.115/63, High Court, Madras) [Copy of judgment when to be sent to Chemical Examiner
347. All Magistrates shall forward to (i) the Director, State Forensic Science Laboratory and Chemical Examiner to the Government of Tamil Nadu, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai] and (ii) the Serologist and Chemical Examiner to the Government of India, Calcutta, copies of their judgment or final order in all cases in which reference was made to them.]
(Inserted by P.Dis.No.603/64, High Court, Madras) [Copy of judgment when to be sent to the Director, Central Forensic Science Laboratory
347A. All Magistrates shall forward to the Director, Central Forensic Science Laboratory, copies of the judgment or final order in all cases in which they take an adverse view of the opinion given by the Forensic Science Laboratory.]
(Substituted by P.Dis.No.115/63, High Court, Madras) [Copies of judgments in certain cases to be forwarded to the Professor of Medical Jurisprudence, Medical College, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], and Professor of Medical Jurisprudence, Medical College, Madurai
348. All Magistrates shall forward to the Professor of Medical Jurisprudence, Medical College, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], or the Professor of Medical Jurisprudence, Medical College, Madurai, as the case may be, copies of their judgments or final orders in those cases in which their evidence had been taken.]
(Substituted by P.Dis.No.419/65, High Court, Madras) [Copies of judgments to be furnished to the prosecution
348A. In cases ending in acquittal or discharge where the prosecution for the purpose of filing an appeal or revision against the order applies for copies of judgments, the Sessions Judges or the Magistrates concerned shall supply (Substituted by P.Dis.No.424/72, High Court, Madras) [four] copies of the judgment on plain paper, free of cost to the prosecution.]
(Inserted by S.R.O.C. 20/74) [Copies of judgment to be sent to concerned Jail
348B. For the purpose of appeals to be preferred to the Supreme Court by prisoners confined in Jails, on a requisition by the Superintendent of the Jail concerned, the High Court shall supply free of cost, eight copies of the Lower and Appellate Courts’ judgments, typed on plain white paper.]
(Inserted by S.R.O.C. 20/74) [Copy of the judgment when to be sent to the Government Mental Hospital
348C. In cases wherein the accused who has been a mental patient is referred to the Court for trial after treatment, the Magistrate or the Sessions Judge shall supply a copy of the final order or judgment on plain paper free of cost 10 the Government Mental Hospital, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai].]
Person sentenced to death to be immediately supplied with copy of judgment
349. When a person sentenced to death desires to be furnished with a copy of the Sessions judgment, he should be supplied at once with a typed or manuscript copy of the judgment and should not be made to wait till it is printed in the ordinary course.
Additional copy of judgment when to be furnished to accused
350. When a person who has been convicted by a Magistrate applied for another copy of the judgment in addition to that required to be furnished to him under section 371 of the code with a view to memorialising government he shall be furnished with such second copy, and, in all except summons cases, it shall be furnished free of charge.
(Inserted by P.Dis.No.348/64, High Court, Madras) [Supply of copies of orders under Section 298 of the Code
350A. Certified copies of calendar extracts on plain paper relating to previous convictions in any case shall, on application, be supplied free of charge to police officers of this State at the instance of police officers of Andhra Pradesh for purposes of section 511 of the code.
This will apply to all subordinate criminal courts including the courts of the Metropolitan Magistrates.]
COPIES OF RECORDS BY VILLAGE MAGISTRATES
Applications for copies of records of Village Magistrates to whom made
351. Applications for copies of records of a Village Magistrate may be made either to the Village Magistrate direct, or to the Sub-Magistrate within whose jurisdiction the Village Court is situated. Every such application must state the manner in which the applicant wishes to have the copies delivered to him when ready i.e., whether he wishes to—
(1) take delivery of the copies in person from the Village Magistrate or from the Sub-Magistrate concerned, or
(2) have the copies sent to him by registered post from the court of the Sub-Magistrate
Postage to be deposited
352. In the event of the applicant electing to have the copies sent by registered post he must deposit the necessary fees for postage in the court of the Sub-Magistrate.
Procedure when application is made to Village Magistrate
353. When application is made to Village Magistrate directly, he shall at once call for the necessary stamp papers, and on receipt of the same shall forward the application as well as the stamp papers together with the records of which copies are required to the Sub-Magistrate within whose jurisdiction his village is situated.
Procedure when application is made to Sub-Magistrate
354. When the application is made to the Sub-Magistrate within whose jurisdiction the village is situated, the Sub-Magistrate shall, at once, call for the records for which copies are required from the Village Magistrate concerned and on receipt of such records, he shall call for the necessary stamp papers.
Copies how prepared
355. In either case the, Sub-Magistrate shall have the copies prepared under the existing copyist rules and delivered to the applicant through the channel selected by him. The records shall, then, be returned to the Village Magistrate.
Mode of sending records
356. When records are transmitted as above, they shall be sent by the Village Magistrate concerned by post, service bearing, and returned, service paid, by the court to which they were transmitted.
CHAPTER XV
RECORDS II- PRODUCTION, SUBMISSION AND DESTRUCTION
PRODUCTION OF RECORDS
When District Magistrate may demand production of Sessions record
357. Court of Sessions shall comply with requisitions from District Magistrate for the production of original records in the custody of the Court of Sessions and which are required for a preliminary enquiry. Requisitions by Magistrate should be forwarded to the Court of Sessions through the District Magistrate.
Summoning of a document from another Court
358. Before issuing a summons for the production of document in the custody of another court, the court shall consider whether the interested party should be required to obtain and file a certified copy thereof. The original shall ordinarily be summoned only if the court is satisfied that it would entail unreasonable expense or delay to obtain a certified copy or that the production of the original is necessary for the purpose of justice.
(Inserted by R.O.C. No.625/77, F1 High Court, Madras) Send for the documents in the custody of the parliament or State Legislative assembly
358A. Notwithstanding anything in the other rule. When the documents which are in the custody of
LOKHSHABA/RAJASHABA /
LEGISLATIVE ASSEMBLY/LEGISLATIVE COUNCIL
have to send for no summons should be issued to speaker of Lokhshaba/ Speaker of Legislative assembly and a request letter has to be sent to Speaker of Lokhshaba / Speaker Legislative Assembly / speaker of Rajashaba/speaker or legislative council
for their address in the following form
To,
Sir,
sub: Description about the proceeding
In the above said proceeding this court has decided to take the document mentioned in the appendix as the basis for the case in the custody of
LOKH SHABA / LEGISLATIVE ASSEMBLY /
RAJASHABA / LEGISLATIVE COUNCIL
If you have 110 objection to permit an officer your secrctariate in produce through him the documents, certified copies or sent the same through registered post (with acknowledge card). I request you to get the acceptance of the house, and if permission was granted, send the documents as stated above
Yours Sincerely]
…………………………]
A list of records retained by a court to be given to the producer
359. Where records or documents produced from any court or public office are retained by the criminal court requiring their production, a receipt containing a descriptive list thereof shall be given to the officer producing them and a ‘duplicate of the receipt shall be placed with the records or documents. Any apparent erasure or alteration in any paper shall be noted in the said list.
Packet to be opened in the presence of Judge or Magistrate
360. When any records or official documents are received from any court or public office by post, the packet shall be opened in the presence of the presiding Judge or Magistrate and the papers compared with the list accompanying them. The instructions contained in rules 359 and 361 shall, then, be observed as far as they are applicable.
Records to be kept in packets sealed and labeled
361. The public records or documents shall, so long as they remain in the custody of court which required their production he kept in a sealed packet properly labelled and the packet shall not be opened except in the presence of the presiding Judge or Magistrate.
RETURN OF RECORDS
Return of records when no longer required
362. Whenever it shall appear that any public documents received from any court or public office are no longer required they shall be returned to such Court or office with a descriptive list in a sealed packet.
Return of Documents: application to be made therefore
363. Application horn parties or other persons for the return of documents filed in courts shall be made in the court in which they were originally filed. If application is made for any document which has been transmitted to another court, the court in which the document was originally filed shall itself apply for the transmission of the document and on receipt shall return it to the applicant:
Provided that no document shall be returned unless the Judge or Magistrate is satisfied that it will not be required for reference in proceedings pending either before his own court or the Court of appeal or revision.
PRESERVATION OF RECORDS
Custody of Sessions records
364. A Sessions Judge should not permit the original records of criminal trials in his court to leave his custody except in accordance with the express provisions of law, save as provided in rules 331 to 336. Any person not legally competent to demand production of the originals, whether official in the government service or a private individual should, if he wishes to examine the record, be required to apply for and obtain certified copies in accordance with the rules made in that behalf.
SUBMISSION OF RECORDS AND MATERIAL OBJECTS TO THE HIGH COURT
Submission of records and material objects
365. Criminal courts shall see that records called for by the High Court are submitted promptly. Any delay shall be explained in the letter advising despatch of the records.
The following cases shall be treated as urgent:—
(i) reference under Section 374 (Now, refer relevant Section in Criminal Procedure Code, 1973) of the Code;
(ii) reference under Section 307 of the Code (when the accused are on remand);
(iii) criminal revision Cases in which the accused have been called to show cause why sentence of death should not be passed on them;
(iv) appeal against acquittal in which the accused are rearrested and are in custody;
(v) criminal revision cases in which notice of enhancement of sentence has been issued and the accused are in Jail on short sentences;
(vi) criminal appeals and revision cases in which bail IS refused and accused are in Jail on short sentences; and
Records to be submitted to the High Court
366. (1) The following records shall be submitted to the High Court in all cases of appeals or revisions against the judgment of a Sessions Court, other than judgment on appeal to Sessions Court:—
(i) The entire original Sessions record
(ii) The entire original Magisterial record
(iii) (Sub-rule (1)(iii) and sub-rule 92) and (3) were omitted by P.Dis.No.266/70, High Court, Madras) [***]
(2) (iii) (Sub-rule (1)(iii) and sub-rule 92) and (3) were omitted by P.Dis.No.266/70, High Court, Madras) [***]
(3) (iii) (Sub-rule (1)(iii) and sub-rule 92) and (3) were omitted by P.Dis.No.266/70, High Court, Madras) [***]
(4) In cases of appeals not already provided for and in cases of revision,—
(a) The material part of original case record including an extract from the diary.
(b) The material part of the appellate case record, if any
OTHER INSTRUCTIONS
Meaning of entire original Sessions record
(5) The word “entire original sessions record” include the evidence, oral and documentary, the charge, the plea of the accused, or verdict of the judgment or charge to the Jury and the statement of the accused before the committing Magistrate.
Note.—In all cases in which the charges actually delivered and taken by the shorthand writer is not submitted, a transcript of the shorthand notes shall be sent up together with the heads of charge.
Meaning of entire original Magisterial record
(6) The words “entire original Magisterial record” include an extract from the diary, Register of Preliminary Enquiry, Police occurrence reports, mahazars and Village Officer’s reports and proceedings (if any) before any Magistrate other than the committing Magistrate, who may have dealt with the case, but do not include so much of the Magisterial record as may have been incorporated in the Sessions Court record.
Covering letter
(7) The covering letter for all records shall be sent separately for them by post. Any delay in submitting the records shall be explained in the covering letter advising despatch of records. It shall state when and how many separate files and the records are despatched.
In every case sent up to the High Court—
(8) (a) The records in English and in the regional language, the English part of the Sessions record, if any, including translations,
(b) the part of the Sessions record in the regional language, if any;
(c) the English part of the Magisterial record including translations; and
(d) the part of the Magisterial record in the regional language must be bound and Indexed separately.
Copies of judgment
(9) Eight spare copies of judgment in cases referred under Section 374 of the Code, and six copies in other Sessions trial should be sent with the record.
They should not be paged and entered in the Index but should be kept separate from the record.
Docket to specify number of case
(10) The docket on the fly-leaf of all records and the covering letter should specify the number of the case on the lower Court’s file and the number of the appeal of revision case or petition on the High Court’s file.
Note.—The fly-leaf shall be of sufficient thickness and of foolscap size.
Foolscap paper to be used
(11) The calendar, translations, copies, notes of evidence, etc. shall, where possible, be written on foolscap paper of sufficient substance.
Examining and certifying before despatch
(12) Every record shall, before despatch to the High Court, be examined and certified as complete in accordance with the foregoing rules by the head ministerial officer of the court forwarding it. Where copies of depositions, verified as to accuracy or not, are made out for the use of the Judge or for any other purpose and are available they shall be submitted to the High Court with the records to facilitate printing of the evidence, if necessary. Indication shall, however, be given in the covering letter or in some prominent place in the copies themselves to show whether the copies are accurate or whether they require to be compared with the original.
TRANSLATIONS
Translation in cases referable to the High Court
(13) In cases referable to the High Court, the translator shall be required to translate not less than ten pages of the record per day, and any delay which may take place in this respect or in fair copying the translation or in transmitting the record to the High Court, shall be fully explained by the Sessions Judge in his letter of reference.
Employment of additional translator
(14) Where two or more cases may be set down at the same sessions for reference to the High Court, an additional translator should be employed to translate the record of each case, the expense being charged to the government in a contingent bill at the rate of one rupee for every three hundred words. The same course shall be followed where the record of a single case is so voluminous that the Court translator cannot be expected to translate it within a reasonable time.
Transcript of shorthand notes of charge of Jury to be sent in all cases
367. The charge of the Jury as recorded by the shorthand writer of the court shall be submitted to the High Court without any alteration other than correction of merely verbal or grammatical mistakes. But, if for any reason, the Judge submits the head of charge in a condensed form, he shall submit therewith a transcript of the shorthand notes recorded by the clerk.
Records in English and in regional language when to be sent
368. When, on perusal of the calendar in a Sessions case submitted under rule 314 the High Court calls for the record, the Sessions Judge shall, unless the whole record is specifically called for, submit at once the portion of the record which is in English, retain the portion in regional language to be submitted later; I called for by the High Court. A note that the English portion has already been submitted shall be made in the index, when the portion in regional language is submitted.
Index, how to be filled up
369. In filling up the indexes accompanying records of criminal cases, care shall be taken not merely names of witnesses in full but also to indicate within brackets after the flames their official designation, if any.
English translation of statements of the accused in regional language to be kept in English record
370. The Court of Sessions when sending up the statements of the accused recorded in the regional language shall place in the corresponding part of the English record accurate translations of these statements. The notes made by the Judge during the examination cannot and will not be accepted in lieu of such translations.
Police diaries, etc., how to be sent
371. Police diaries and English translations of or notes from these diaries submitted to the High Court should be placed in a sealed cover.
Material objects
372. When a reference is made to or notice of an appeal or revision is received from the High Court, the Judge shall determine whether any or which of the material objects marked as exhibits in the case shall be sent In the High Court, and in exercising his discretion, he shall consider whether the object can be conveniently transmitted and whether an Inspection thereof will assist the High Court:
Provided that the weapon, substance or article whereby the offence is said to have been committed and all garment stained with blood shall be sent unless the Judge otherwise directs.
The Courts of Sessions shall enclose with the records in Sessions Cases submitted to the High Court a list of material objects in judicial Form No. 129A.
CASE LAW
Under the proviso of this rule all material objects that have been used for the commission or the offence should be sent to the High Court.
see:1937 M.W.N. at page 549 109
Note to be made if any material object is retained
373. In every case in which any material object is retained, the order of the Judge directing such retention should form part of the record submitted to the High Court, classified under item 10 “other miscellaneous papers, if any” with English part of the Sessions record, the page assigned to the paper being shown against item 6 (b).
Return to be obtained within one month
374. Articles received from lower courts such as sticks, stones, knives, bill hooks, axes, guns, rags of clothing, earth, etc., and all articles of trifling value are ordinarily retained in the High Court and destroyed there. Any application for the return of these articles (for return to parties or for reference in any other case) or of any articles that the High court has omitted to return shall be made within one month from the date on which records of the case are received back in the lower court:
Provided that such of the articles as may be required for the police Training School Museum, Vellore, shall be returned to the District Superintendents of Police of the districts concerned at their request after the appeal time has expired.
(Substituted by P.Dis.No.870 of 1959, High Court, Madras) [When material objects are to be destroyed
375. Material objects exhibited at the trial of criminal cases should be retained by the court until the court is satisfied that the appeal time has expired and that no appeal has been presented or that any appeal presented has been disposed of. But when a case is disposed of by the high court, the material object shall ordinarily be disposed of after the expiry of 90 days from the date of judgment of the High Court, unless in the meantime, (1) the parties interested have, on a proper application, obtained a direction from the High Court for the preservation of such objects, pending disposal of an application for leave to appeal to the Supreme Court under Article 134(1)(c) of the Constitution of India, or a special leave petition; or (2) intimation of appeal preferred to the Supreme Court of India under Article 134 (1) (a) and (b) of the Constitution of India is received.
After that, they may be destroyed or otherwise disposed of according to the rules:]
Provided that in a sessions case where the material object is a confiscated weapon other than a firearm or ammunition and is in the opinion of the Sessions Judge of the most unusual character or of special interest in the light of facts of the case, it shall be ascertained by reference to the Professor of Medical Jurisprudence of the Medical College, (Substituted by P.Dis.No.870 of 1959, High Court, Madras [Chennai], and the Principal of the Police Training School, Vellore whether it is required for the Medico-Legal Museum of the College or for the Police Museum in the School. The weapon will be destroyed only if it is not required. If it is so required, it shall be sent either to the Professor of Medical Jurisprudence or the Principal, Police Training School. The former will however, have priority over the latter in respect of weapons for which there is a demand from both of them:
Provided further that such of the material objects as may be required for the Police Training School Museum, Vellore, shall be returned to the District Superintendents of Police of the District concerned at their request after the appeal time has expired.
DESTRUCTION OF RECORDS
Destruction of useless records
376. (1) An Index in Administrative Form No, 58 shall be put up with the record of every case on its first institution and each paper as it is filed with the records shall be entered in such index except in the following cases:—
(a) All cases instituted in Bench Courts; and
(b) cases under the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] Traffic Rules, 1938, and the Prevention of Cruelty to Animals Act, 1890 (Now, refer to the Prevention of Cruelty to Animals Act, 1960) instituted in other Courts.
(2) Every record shall, after its completion and immediately before it is deposited in the record room, be divided into parts as shown in the table given in Part B and to facilitate this division each paper, shall, as soon as it is filed with the record, be numbered and marked off in the Index as appertaining to one or another of such parts.
Other documents which have been produced by parties but have either not been tendered in evidence, or, having been tendered in evidence, have been rejected shall be kept apart from the record of the case or other proceeding to which they belong and shall, if not reclaimed by the party who produced them, be retained in the court in which they were produced for a period of one year from the date of the final order of the Court in the case or proceeding in which the documents were produced, and shall at the expiration of that period be destroyed in the manner prescribed by sub-rule (6) infra:
Provided that notice of destruction shall be given in the manner prescribed by sub-Rule (7) infra, in the month of January or July succeeding the date of expiry of the period of one year referred to in this Rule and also by affixing to the notice board of the court (at the time of publication in the Gazette) a copy of the notice published in the District Gazette, sub rule (8) infra, shall not apply to such documents.
No application is necessary for the return of the documents produced, which have either not been tendered in evidence, or, if’ tendered, have been rejected. It is sufficient if a receipt for their return is taken in the list with which they have been put up.
(3) The parts of the records described in the table given in Part C shall be retained for the periods respectively specified against them from the date of their completion, provided that in any case the presiding Judge or Magistrate may for reasons to be recorded in writing, direct that any of the papers in anyone part be transferred to any other part for which a longer period of retention is prescribed, in which case the fact shall be noted in the Index and the papers dealt with as if they had belonged from the commencement to the part to which they were so transferred.
Note=-Except as otherwise specially provided, the records mentioned in this sub rule shall be taken to have reached their completion on the date of the final order of the court of first instance, or in the event of an appeal or revision, from the date of the final order of the superior court,
(4) The court registers, books and papers described in the table given in Part D shall be retained for the periods respectively specified against them reckoning from their respective dates or from the; dates at which they close:
Provided that the Sessions Judge or District Magistrate may, in his discretion, direct the retention, for a longer period or permanently, of papers which he may consider likely to be useful in the future, as containing the results of enquiries or other information, or the opinions of experienced officers in matters connected with the general administration of justice, and provided also that no criminal court subordinate to the Magistrate of the district shall cause any papers to be destroyed under the next succeeding sub rule without having first obtained from such Magistrate of the district, as the case may be permission in writing to do so.
When any document of which the destruction is ordered by these rules is, before it has been destroyed, made evidence in any other case or proceeding, the rule regulating its destruction shall be the rule applicable to evidence filed in such case or proceeding where the period prescribed by such last mentioned rule is in excess of the period prescribed by the rule which originally governed its destruction.
(5) All records, books and papers described in the tables given in Parts C and D shall be destroyed without fail at the expiration of the periods respectively indicated against them.
Provided that document produced in courts by government officials shall not be destroyed, but shall, if not previously returned, be transmitted to the responsible officers on the expiry of the period prescribed for their retention.
(6) All records, books and papers to be destroyed under sub rule (5) shall be disposed of according to the instructions issued in that behalf.
Whenever records, books or papers are destroyed under sub-rule (5), a complete list of the records, books or papers so destroyed shall be prepared and the date of destruction shall be entered at the head thereof. It shall be the duty of the record keeper (or his assistant, if there is one) to certify the correctness of these lists. Whenever in sessions cases judgments in which the sentence passed is one of imprisonment for life are destroyed, the record keeper or his assistant, as the case may be, shall also certify that the judgment is destroyed either because a report of the convict’s death has been received or because the convict has been released.
(7) To enable parties, who have filed documents in courts, to withdraw the same before the period appointed for their destruction, a notice shall be published in the district gazette in January of each year stating that all documents filed in the cases (to be therein enumerated) will, unless previously reclaimed, be destroyed at the expiration of the period indicated in the notice; and the following note shall also be entered at the foot or every copy of a judgment or order granted to any of’ the parties to the case or proceeding in which Judgment or order was made to the pleaders or authorised agents of such parties—
“The parties should apply as soon as possible for the return of all exhibits which they may wish to preserve as the record will be liable to be destroyed after three years from this date.”
(8) The above rules do not apply to non magisterial records of revenue of Leers, such as gazette, files etc., but apply only to the judicial records of these officers.
(9) In order to facilitate the work of destruction of records, there shall be maintained in the record room of each court other than the Bench Court it register in the Administrative form No. 27.
Bench Court shall make use of column No. 12 criminal register No. 25 (register of summary trials) for ascertaining the dates on which the records are to be destroyed.
(10) Documents which are required for the police training school museum, Vellore, shall be sent to the District Superintendents of Police of the district concerned at their request after the appeal time has expired.
CHAPTER XVI
BATTA TO COMPLAINANTS, WITNESSES, ACQUITTED PERSONS, JURORS AND CHARGES FOR CONVEYANCE OF PRISONERS
377. (Omitted as per P.Dis.No.561/66, High Court, Madras) [***]
378. (Omitted as per P.Dis.No.561/66, High Court, Madras) [***]
Expenses of witnesses payable by the Government
379. Subject to the provisions hereinafter contained, the expenses of witnesses will be paid on behalf of government in the following classes of cases, viz.:—
(a) Cases shown in the second schedule of the code as not bailable.
(b) Cases in which the prosecution is instituted or carried on under the order or with the sanction of the Government or of any public servants acting as such.
(c) Where the witness in question has been compelled to attend by a process issued under section 5402 of the Code.
(d) Cases in which the court certifies that the attendance of such witness was directly in furtherance of the interest of public justice.
Expenses of person accompanying witnesses
If any witness in any of the aforesaid classes of cases is, by reason of tender age, sex, or bodily infirmity unable to travel alone to the Court and is accompanied by an escort such an escort may, at the discretion of the presiding officer of the court, be paid his expenses at such rates to which the witness is eligible under these rules:
Provided that no such payment will be made to the escort if he is himself a witness in the case. (Amended by Fort St. George Gazette dated 10-1-1962, Part V, Page 38)
Class of witnesses
[380. For the purpose of these rules, non official witnesses shall be classed as belonging to either of the two classes specified in rule 381. The Magistrate before whom they are required to appear or in the case of witnesses from outside the jurisdiction of such magistrate the despatching magistrate shall fix the class with regard to the status in li re of each individual.]
Rates of payment
381. The following are the maximum rates of allowances which may be sanctioned to the different classes of non official witnesses and no expenses in excess of, or other than those prescribed herein shall be allowed.
Travelling allowance, if any, that may be allowed
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Class of witnesses
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By rail
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By public motor service
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By road otherwise than by public motor service
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By sea or canal
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Subsistence allowance
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Carriage hire allowance for a day of actual attendance
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I.
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First class fare
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Actual fare
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(Added by P.Dis.No.534/70, High Court, Madras) [Twelve paise per mile.]
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Actual fare
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Rupees two per day
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Rupee one per day
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II.
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Second class fare
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Do
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(Added by P.Dis.No.534/70, High Court, Madras) [Seven] paise
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Do
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Do
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Nil
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(Added by P.Dis.No.534/70, High Court, Madras) [Export witness]
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First class fare
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Do
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12 paise per mile
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Do
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Rupees five per day
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Rupees one per day
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Note (Added by P.Dis.No.534/70, High Court, Madras) [(1)].—If any witness claims second class Railway fare, the Magistrate may allow it, if he considers it proper and is satisfied that the witness has travelled by that class.
(Added by P.Dis.No.534/70, High Court, Madras) [Note (2). The Court shall award travelling allowance and batta to witnesses who, in the opinion of the Court, are deemed as expert witnesses, according to the rates given above].
Witnesses from Sri Lanka
382. Non-official witnesses from Sri Lanka are entitled to travelling allowance in accordance with the rate admissible to them under the relevant financial regulation of the Sri Lankan Government for the time being.
Disbursements
383. All disbursements under these Rules shall be made by the Courts before which the witnesses appear.
Witnesses resident in Pondicherry Town
384. Witnesses resident in the Pondicherry town will be entitled only to such actual expenses as they may show to the satisfaction of the Court that they have been obliged to incur in obedience to the process or order of the Court.
Witnesses from districts
385. Witnesses sent from the districts will be furnished with a certificate by the despatching Magistrate showing the class to which they belong, the date of their departure and the correct distance, if any, to be travelled by road; unless such certificate is produced, the Court may disallow all or any of the expenses claimed.
Advances to witnesses
386. Magistrates in the districts may make reasonable advances to witnesses summoned by the High Court or Metropolitan Magistrates and requiring such advances to enable them to reach Chennai but shall in every such case note the same on the certificate referred to in rule 385. The courts before which they are directed to appear shall be advised of such advances and they will refund the amount to the officer making the advance”
FEES FOR WITNESSES FROM THE FINGER-PRINT BUREAU
Expert witnesses
387. (1) Fees for the services and expenses of expert witnesses from the Finger-Print Bureau should be certified to the Government except the travelling allowances which should be paid to the experts. In cases where the opinion of a Finger-Print Expert is disputed a second opinion may be obtained from an expert attached to another Finger-Print Bureau.
(2) When the Government Examiner of questioned documents or his assistant is required to travel in order to give evidence or for any other purpose, the authority or party employing his service will be required to pay travelling allowances al the rates laid down for the first grade officers in the supplementary rules of the Central Government for journeys on tour. The travelling allowance will also be payable for the peon accompanying the officer at the rates fixed for Central Government peons. These payments will be adjusted as desired in Home Department letter No. F 121/VI/27 Police, dated the 12th January, 1928. [vide Appendix in G.O. No. 1790, Law (General), dated 14th June 1934].
(Added to P.Dis.No.534/70, High Court, Madras) [Remuneration to Expert
387A. The Court shall award reasonable remuneration to any person summoned either at the instance of the complainant or the accused or at its own instance to give evidence as an expert for the time occupied both in giving evidence and in performing any work of an expert character necessary for the purpose of any enquiry, trial or other proceedings before such Court.]
(P.Dis.No.211/72, High Court, Madras) [Rail and steamer rates
388. Wherever it is practicable for witnesses to travel by train or steamer, they shall be allowed no more than the rates prescribed for those modes of conveyance.]
Subsistence allowance
389. Subsistence allowance may be paid [or the days occupied in travelling to Chennai as well as in the return journey. The subsistence allowance at Chennai will cease as soon after the conclusion of the inquiry or trial as the means of quitting the town become available.
Disallowance of expenses fill behalf of the Government
390. It shall be competent to the court before which a witness appears to disallow payment of any expenses on behalf of the Government if, for any cause, such court thinks fit to do so.
Disallowance of expenses of defence witness
391. The Court will disallow the whole or part of the expenses of any witness for the defence whose evidence may not seem to it to have been material, unless it is satisfied that such witnesses has been brought down to Chennai against his will and that no compensation for his expenses has been paid or deposited by the accused.
Government servants to whom (P.Dis.No.211/72, High Court, Madras) [Tamil Nadu] Travelling Allowance Rules apply
392. In applying the foregoing rules to government servants to whom the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Travelling Allowance rules are applicable, the following additional Rules shall be observed:—
(1) When a government servant appears in any case under rule 379 to give evidence in his official capacity, that is, evidence of facts within his knowledge as an official no payment shall be made to hint, but the court will give him a certificate setting forth that he appeared to give evidence of what had come to his knowledge or of matters with which he had to deal, in its official capacity, the dates on which he appeared and the period for which he was detained, so as to enable him to draw travelling allowance and batta under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Travelling Allowance Rules.
(2) When any person who holds an office under the government in an honorary capacity appears before the Court at his headquarters to give evidence in that capacity, he may be paid conveyance allowance at such rate as the government may, by order, specify.
(Substituted by P.Dis.No.211/1972 of High Court, Madras) [Assistant Surgeons in Government Hospitals in the City of Chennai, the Medical Officers of the Department of Forensic Medicine and (Inserted by S.R.O.C. 17/74) [Experts of the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Forensic Science and Chemical Laboratory, Chennai], shall be entitled to conveyance allowance at Rupees “[nine] only for each day of attendance at a criminal court in the city for giving evidence in their official capacity].
(3) When a government servant appears in his official capacity as a witness in a case which does not come under sub rule (1) [e.g., in a case in which section 244 (3) or 257 or the Code, is applied the party at whose instance he is summoned shall, pre-pay into court the travelling and halting allowances admissible to him under the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] Travelling Allowance Rules. The amount so prepaid shall be credited to the government but the court shall give the witness a certificate containing the particulars specified in sub-rule (1) supra, so as 10 enable him to draw the travelling and halting allowances admissible under the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] Travelling Allowance Rules. When a Government servant appears to give evidence in any case as a private person, travelling allowance and batta may be paid to him in the ordinary manner, but the Court shall send an advice of all such payments made to him to the head of the office in which he is employed. In this advice the amount paid as batta and the period during which the attendance of the witness in court was necessary shall be stated.
(4) When an official of the court of wards appears in his official capacity as a witness in a case connected with an estate under the superintendence of the court of wards, the Judge or Magistrate before whom the trial takes place will furnish such official with a certificate showing the days on which he attended to give evidence and the amount of batta and travelling allowance paid to him on that account.
(5) When a government servant, whose emoluments are governed by the army regulations, India, appears in any case under sub-rule (1) to give evidence in his official capacity, he shall be paid the travelling allowance and batta admissible under these Rules, and shall be furnished with a certificate showing in detail the amount paid. If the amount paid is less than the amount admissible to him under the military rules to which he is subject, the difference will be paid to him by the military authorities on production of the certificate,
(6) A retired government servant who appears before a criminal court to give evidence in respect of his official acts or of matters within his official knowledge before retirement shall be paid travelling subsistence allowance according to the rates to which he would have been eligible under the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] Travelling Allowance Rules had he not retired from service.
Medical witnesses in Local Fund or Municipal Employ
393. (1) Government servants whose services are lent to local authorities as defined in Section (3) (31) of the General Clauses Act, 1897, attending criminal courts to give evidence in their official capacity shall be paid travelling and daily allowances to which they are entitled under the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] Travelling Allowance Rules.
(2) Medical subordinates in the service of local authorities, including compounders, midwives, and nurses, attending criminal court to give evidence in their official capacity, shall be paid travelling and daily allowances at rates admissible to officers of corresponding grades under the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] Travelling Allowance Rules:
Provided that Medical subordinates of the Port Trust, Chennai shall be eligible for payment of expenses at the rates to which they are eligible under the rules of Port Trust, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai].
(3) Persons in the service of the local authorities other than those governed by sub rules (1) and (2) above, shall be paid travelling and daily allowances at rates to which they are eligible under the Rides, if any, applicable to them.
(4) For purposes of payment of travelling and other expenses, Courts shall follow the procedure prescribed in rule 406 (1) infra, for payment of allowances to the government servants.
Rural Medical Practitioners
394. Rural Medical Practitioners when attending Court to give evidence in their capacity as Rural Medical Practitioners shall be paid the same rates of travelling allowance and batta as would be admissible to the Government servants belonging to Grade IX of the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] Travelling Allowance Rules.
Honorary Medical Officers
395. Honorary medical officers when attending court to give evidence in their official capacity shall be paid the same rates of travelling allowance and batta as would be admissible to the government servants belonging to the respective grades of the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu].
Travelling Allowance Rules as set out below:—
Honorary Surgeons and Honorary Physicians, Grade IV Honorary Assistant Medical Officers, Grade V.
Employees of the Central Government
396. When an employee of the central government including railway, appears to give evidence in his private capacity, the sum due to him as subsistence allowance or compensation shall be credited to the central government and no payment on account of subsistence allowance or compensation shall be made to him.
Officers of the Pondicherry State
397. Officials of Pondicherry State appearing to give evidence in the official capacity before criminal courts in the city of Chennai shall be paid travelling and daily allowance at the rates for which they are eligible under the rules of their government in like cases. Such officials shall bring with them a certificate from heads of their respective offices as to the rates of allowances admissible. The courts shall pay the officials their expenses in accordance with the certificate as soon as their evidence is over.
Officers of the Sri Lankan Government
398. Officials of the government of Sri Lanka appearing as witnesses before the courts in Chennai city may, if such claim be made, be paid their expenses at the rates for which they are entitled under the regulations of their own government in like case. The claim should be submitted through the head of the department to which the official belongs.
Travelling allowance to the Chairmen, Members of the Municipal Council
399. Chairmen, Chairmen-delegates and members of the Municipal Council attending criminal courts as witnesses in their official capacity in cases falling under rule 379 supra or in cases arising under the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] District Municipalities Act, 1920 shall be paid travelling allowance from State funds at the rates prescribed for them in the rules made under the said Act.
Travelling allowance for the Presidents, Delegates and Members of the District Boards
400. Presidents, President-delegates and members of the District Boards attending criminal courts to give evidence in their official capacity in cases falling under rule 379 supra or in cases arising under the (Substituted by P.Dis.No.576/65, High Court, Madras) [Tamil Nadu] District Boards Act, 1920, shall be paid travelling allowance from state funds at the rates prescribed for them in the rules made under the said Act.
[Official witnesses from certain other States
401. (1) Officials employed by or under the Government of India, the Union Territories and the Governments of Andhra Pradesh, Bihar, Gujarat, Kerala, Madhya Pradesh, Maharashtra, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh and West Bengal and appearing in a case in which the State is a party, as witnesses summoned before a criminal court to give evidence regarding facts of which they have official knowledge will, on production of a certificate of attendance issued by that court before which they appear, be paid travelling allowance by the government by or under whom they are employed;
(2) Officials employed under any of the governments mentioned in sub rule (1) and appearing in a case in which the state is not a party, as witnesses summoned before the criminal court, to give evidence regarding facts of which they have official knowledge will, on production of a certificate duly signed by their controlling officer, showing the rates of travelling allowance and daily allowance admissible to them for a journey on tour, to be paid such allowance by the ‘summoning courts’. If the government servant is his own controlling officer, the certificate will be signed by him as such.]
Officials of the Federation of Ma Jay a and the Colony of Singapore
402. Officials of the Government of the Federation of Malaya and the Colony of Singapore employed in India appearing as witnesses before criminal courts in Chennai city may, if such claim be made, be paid their expenses at the rates to which they are entitled under the regulations of their own government in like cases. The claim should be submitted through the head of the department to whom the official belongs.
(B) COURTS IN THE DISTRICTS
Payment of expenses of complainants and witnesses
403. Subject to the provisions of rules 404 and 405 the criminal courts will pay, at the rates specified in rule 411, the expenses of complainants and witnesses in cases in which the prosecution is instituted or carried on by, or under the orders, or with the sanction of the Government (Inserted by P.Dis.No.323 of 1962, High Court, Madras) [or of a local authority or a person authorised by it] or of any Judge, Magistrate or other public officer or when it shall appear to the Judge or Magistrate presiding over such court to be directly in furtherance of the interests
of public justice, also in cases entered in column 5 of the Schedule 11, appended to the code, as not bailable and in all cases which the witnesses are compelled to attend by a Magistrate under the provisions of Chapter XI.VI of the code.
Expenses of persons accompanying witnesses
If any witnesses in any of the aforesaid classes of cases is, by reason of tender age, sex or bodily infirmity unable to travel alone to the Court and is accompanied by an escort, such an escort may, at the discretion of the presiding officer of the court, be paid his expenses at such rates for which the witness is eligible under these rules:
Provided that no such payment will be made to the escort if he himself a witness in the case.
The courts may make reasonable advances to witnesses compelled to give evidence when such prepayment is considered necessary.
Note.—It has come to the notice of the High Court that some District Magistrates are of the opinion that under Rule 403 of the Criminal Rules of Practice, it is not the duty of the committing Magistrates to make advances to witnesses compelled to attend before court of sessions and that it is for the latter to make the advances. The High Court considers that this interpretation of rule is incorrect and that it is committing Magistrates who are to make such advances, for the compulsion to attend is applied by them.
CASE LAWS
Rule requires Magistrates la pay the expenses of all witnesses summoned under Section 252 Cr. P.C.
See: 1939 M.W.N. at page, 118.
Disallowance of payment of expenses on behalf of the Government
404. It shall be competent to the Court before which a complainant or witness appear to disallow payment of any expenses on behalf of the Government, if for any cause to be recorded, such Court thinks fit to do so, or to pay only the actual expenses incurred by him if the complainant or witness is a resident of the town or village in which the Court is situate, or to pay, if the Court thinks fit, expenses at rates lower than those prescribed in Rule 411 infra.
Disallowance of expenses for defence witnesses
405. The Court will disallow the whole or part of the expenses of any witness for the defence whose evidence may not seem to it have been material, unless it is satisfied that such witness has been brought to the place in which the Court is situated against his will and that no compensation for his expenses has been paid or deposited by the accused.
Class of witnesses
406. (1) For the purpose of these Rules, witnesses are divided into two classes, namely, of officials and non-officials. Official witnesses, that is to say, Government servants to whom the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Travelling Allowance Rules are applicable, summoned to give evidence as officials, are entitled to receive for their journeys to and from the Court and for the days spent by them in attendance at the Court to give evidence in cases coming under rule 403 travelling allowances at the rates prescribed by the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Travelling Allowance rules for the time being in force. The court shall not however, make any payment to official witnesses in such cases, but shall grant them certificates setting forth that they appeared to give evidence of what had come to their knowledge, or of matters with which they had to deal, in their official capacity, the date on which they appeared and the period for which they were detained, so as to enable them to draw travelling allowances and batta under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Travelling Allowance Rules.
(Substituted by P.Dis.No.211/72, High Court, Madras) [Government doctors in the districts shall be entitled to conveyance allowance of Rs. (Substituted by G.O. No.362 Home Department – V Dated: 12-2-1986) [7] for each day of attendance in a criminal court at their headquarters for giving evidence in their official capacity.]
(2) When a government servant appears in his official capacity as a witness in other cases (e.g. in cases in which section 244 (3) or 257, of the code, is applied), the party at whose instance he is summoned shall prepay into court the travel ling and halting allowances admissible to him under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Travelling Allowance Rules. The amount so prepaid shall be credited to the government but the court shall give the witness a certificate containing the particulars specified in sub rule (1) supra, so as to enable him la draw the travelling and hailing allowances admissible under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Travel ling Allowance Rules. When a government servant appears to give evidence in any case as a private person, travelling allowance and batta may be paid to him in the ordinary manner, but the court shall send an advice of all such payments made to him to the head of the office in which he is employed. In this advice the amount paid as batta and the period during which the attendance of the witness in Court was necessary shall be stated.
(3) When an official of the court of wards appears in his official capacity as a witness in a case connected with an estate under the superintendent of the court of wards, the Judge or Magistrate before whom the trial takes place will furnish such official with a certificate showing the date on which he attended to give evidence and the amount of batta and travelling allowance paid to him on that account.
(4) When a government servant whose emoluments are governed by the army regulation, India, appears in any case under sub rule (1) to give evidence in his official capacity, he shall be paid the travelling allowance and batta admissible under these rules and shall be furnished with a certificate showing in detail the amount paid. If the amount paid is less than the amount admissible to him under the military rules to which he is subject the difference will be paid to him by the military authorities on production of the certificate.
(5) A retired Government servant who appears before a Criminal court to give evidence in respect of his official acts or of matters within his official knowledge before retirement shall be paid travelling and subsistence allowances according to the rates to which he would have been eligible under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Travelling Allowance Rules had he not retired from service.
Medical witnesses of Local Fund or Municipal employ
407. (1) Government servants whose services are lent to Local Authorities as defined in Section 3 (31) of the General Clauses Act, 1897 attending criminal courts to give evidence, in their official capacity shall be paid travelling and daily allowances for which they are entitled under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Travelling Allowance Rules.
(2) Medical subordinates in the service of local authorities, including compounders, mid-wives, and nurses, attending Criminal Courts to give evidence in their official capacity, shall be paid travelling and daily allowance at rates admissible to officers of corresponding grades under the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu) Travelling Allowance Rules:
Provided that medical subordinates of the Port Trust, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai], shall be eligible to payment of expenses at the rates for which they are eligible under the rules of the Port Trust, (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) [Chennai],
(3) Persons in the service of local authorities, other than those governed by sub clauses (1) and (2) above, shall be paid travelling and daily allowances at rates to which they are eligible under the Rules, if any, applicable to them.
(4) For purpose of payment of travelling and other expenses, courts shall follow the procedure prescribed in rule 406 (1) for payment of allowances of government servants.
Rural Medical Practitioners
408. Rural Medical Practitioners when attending Court to give evidence in their official capacity as Rural Medical Practitioners shall be paid the same rates of travelling allowance and batta as would be admissible to the government servants belonging to grade IX of the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Travelling Allowance Rules.
Honorary Medical Officers
409. Honorary Medical Officers when attending court to give evidence in their official capacity shall be paid the same rates of travelling allowance and batta as would be admissible to government servants belonging to the respective grades of the (Substituted for the word “Madras” by the A.O., 1969) [Tamil Nadu] Travelling Allowance Rules, as set out below:
Honorary Surgeons and Honorary Physicians, Grade IV.
Honorary Assistant Medical Officers, Grade V.
Employees of the Central Government including the Railways
410. When an employee of the Central Government including the Railways appears to give evidence in his private capacity the sum due to him as subsistence allowance or compensation shall be credited to the Central Government and no payment on account of subsistence allowance or compensation shall be made to him.
Travelling allowance of non-official witnesses
411. Subject to the provisions of rules 404 and 405, non official witnesses are entitled to travelling and daily allowances on the scale prescribed herein. The Judge or Magistrate shall fix the class of persons who are required to appear before him either as witnesses or complainants with due regard to the station in life which they occupy.
(Substituted by P.Dis.No.534/70, High Court, Madras, already existing note was renumbered as note (1) & note (2) was inserted. [NOTE—1. If any witness claims second class railway fare, the Magistrate may allow it, if he considers it proper and is satisfied that the witness has travelled by that class.
NOTE—2. The court shall award travelling allowances and batta to witnesses who in the opinion of the court are deemed as expert witnesses according to the rates.]
Travelling allowance, if any, that may be allowed
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I.
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First Class Fare
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Actual fare
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(Substituted by P.Dis.No.534/70, High Court, Madras, already existing note was renumbered as note (1) & note (2) was inserted) [12 paise per mile]
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Actual fare
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Rupees two per day
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II.
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Third Class Fare
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Actual fare
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(Substituted by Check Slip No.27) [3 paise per mile]
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Actual fare
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Do
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(Substituted by P.Dis.No.534/70, High Court, Madras, already existing note was renumbered as note (1) & note (2) was inserted) [Expert witness]
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First Class Fare
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Actual fare
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12 paise per mile
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Actual fare
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Rs. 5 per day]
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(Substituted by P.Dis.No.534/70, High Court, Madras) (Remuneration to an expert to give evidence
411A. The court shall award reasonable remuneration to any person summoned either at the instance of the complainant or the accused or at its own instance, to give evidence as an expert for the time occupied both in giving evidence and in performing any work of an expert character, necessary for the purposes of any enquiry, trial or other proceeding before such Court.]
Advance to witnesses
412. In cases within rule 404 the Commissioner of Police may make reasonable advances to witnesses resident in the city of Chennai who are summoned by a criminal court in a district and who require the advances to enable them to reach the court. The court issuing the summons on being advised by the Commissioner of Police of the advances made, will refund the amount to him.
Determination of mileage and batta
413. The distance for which mileage and number of days for which batta should be allowed for the journey to and from the station at which, the court is held, and for attendance at court shall be determined by the Judge or Magistrate ordering the payment in each case.
414. (Omitted by P.Dis.No.295/1969, High Court, Madras) [***]
No travelling allowance when complaint is dismissed under Section 210 of the Code
415. Whenever 3 Magistrate dismisses a case as frivolous or vexatious under Section 250 of the Code, no travelling allowance or batta shall be granted to the complainant.
Carriage expenses
416. Criminal courts are authorised lo pay the necessary and actual expenses of carriage to a witness travelling by road, in the case of persons whose sickness, age, position or habits of life render it impossible for them to walk:
Provided the expenses incurred under (his rule shall in no case exceed (Substituted by P.Dis.No.534/70, High Court, Madras) [thirty one raise per k.m.]
Travelling allowance to witnesses employed in a District Board or Municipal Council
417. Servants of District Boards and Municipal Councils attending criminal Courts as witnesses in cases under the ‘[Tamil Nadu] District Boards Act, 1920, are eligible to receive travelling allowance from the revenues of the State at the rates prescribed in the rules applicable to them. The procedure for payment shall be the same as that prescribed in Rule 406 (1) above.
Applicability of City Rules
418. Rules 382, 387 (2) and 397 to 402 are also applicable to the courts in the districts.
Travelling allowances for Chairmen, Delegates and Members of the District Board
419. Chairmen, Chairmen-Delegates and Members of Municipal Councils attending criminal courts as witnesses in their official capacity in cases falling under Rule 403 supra or in cases arising under the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] District Municipalities Act, 1920 ((Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] Act V of 1920), shall be paid travelling allowance from the State funds at the rates prescribed for them in the rules made under the said Act.
Travelling allowances for Presidents, Delegates and Members of the District Board
420. Presidents, Presidents -. Delegates and Members of District Boards attending Criminal Courts to give evidence in their official capacity in cases falling under Section 408 supra or in cases arising under the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] District Boards Act, 1920, shall be paid travelling allowance from State Funds at the rates prescribed for them in the rules made under the said Act.
CHARGES FOR CONVEYANCE OF PRISONERS
Cost of conveyance to be recovered from Court concerned
421. The cost of conveyance of prisoners to and from the court is to be recovered by the Jail authorities from the court before which the attendance of the prisoner is required road money and diet charges in respect of person accused of forest offences and produced in custody before the Magistrate by the subordinate of the Forest Department shall be paid without delay to the subordinates of the Forest Department by the court concerned.
(Substituted by P.Dis.No.853/59, High Court, Madras) [Indigent released prisoners
422. To enable persons who are not possessed of sufficient means to return to their places of residence, courts are authorised to grant them batta and travelling expenses at the rates prescribed for second class witnesses, when such persons—
(i) having been acquitted or discharged or released from custody; or
(ii) having been arrested under section 427 of the code are subsequently released, or
(iii) are released under section 562 of the Code or under the provisions of the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] Probation of Offenders Act, 1936, or the (Substituted for the word “Madras” by the A.O. 1969) [Tamil Nadu] Children Act, 1920:
Provided that such persons, if they are above twenty one years of age reside at a distance of more than (Substituted by P.Dis.No.534/70, High Court, Madras) (sixteen kilometres] and if they are under twenty one years of age reside at a distance of more than (Substituted for the word “Madras” by the Tamil Nadu Act 28 of 1996) (three kilometres] from where the court that orders their release is situated.]
Expenses of Jurors
423. A person other than a government servant attending the court of Sessions for the city of (Substituted by P.Dis.No.534/70, High Court, Madras) [Chennai] as a Juror may be granted an allowance of Rs. 3 per presiding Judge recommends that application.
When an employee of the Central Government including railways appears to serve as Juror in the said court, the sum payable to him shall be credited to the Central Government and no payment shall be made to him.
CHAPTER XVII
TRIAL OF PERSONS SUBJECT TO MILITARY, NAVAL OR AIR FORCE LAW
Procedure to be followed in a case where the accused is liable to be tried by Court Martial
424. The following rules framed by the Government of India shall be followed in cases where the accused person is liable to be tried by Court Martial.
RULES
I. (1) These rules may be called the criminal courts and Court-Martial (Adjustment of Jurisdiction) Rules, 1952.
(2) They extend to the whole of India except the States of Jammu and Kashmir and Manipur.
II. In these rules, unless the context otherwise requires,—
(i) “Commanding Officer”—
(a) in relation to a person subject to military law means, the officer commanding the unit or detachment to which such person belongs or is attached;
(b) in relation to a person subject to Naval law means, the commanding officer of the ship to which such person for the time being belongs; and
(c) in relation to a person subject to Air Force law means, the officer for the time being in command of the unit or detachment to whom such a person belongs or is attached;
(ii) “Competent Military Authority” means the officer commanding the army, army corps, division, area, independent sub area or independent brigade in which the accused person is serving, and, except in cases falling under section 69 of the Army Act, 1950 (XLVI of 1950) in which death has resulted, the officer commanding the brigade or sub area or station in which accused person is serving;
(iii) “Competent Naval Authority” means the Chief of the Naval Staff or Flag Officer (Flotilla) Indian Fleet or Commodore-in-charge, Cochin, or Naval Officer-in-charge, or Senior Naval Officer present; and
(iv) “Competent Air Force Authority” means the officer commanding the command, wing or station in which the accused person is serving, and when death has resulted except in cases falling under section 72 of the Air Force Act, 1950, the Chief of the Air Staff.
III. Where a person, subject to military, naval or air force law, is brought before a Magistrate and charged with an offence for which he is liable to be tried by a Court Martial, such Magistrate shall not proceed to try such person or inquire with a view to his commitment for trial by the Court of Sessions or the High Court for any offence triable by such court, unless—
(a) he is of the opinion, for reasons to be recorded that he should so proceed without being moved thereto by competent military, naval or air force authority, or
(b) he is moved thereto by such authority.
IV. Before proceeding under clause (a) of the rule III, the Magistrate shall give written notice to the commanding officer of the accused and until the expiry of a period of seven days from the date of the service of such notice he shall not—
(a) convict or acquit the accused under sections 243, 245, 247 or 248 of the code, or hear him in his defence under section 244 of the code; or
(b) frame in writing a charge against the accused under section 254 of the code; or
(c) make an order committing the accused for trial by the High Court or the Court of Sessions under section 213 of the code; or
(d) transfer the case for inquiry or trial under section 192 of the code.
V. Where within the period of seven days mentioned in rule IV, or at any time thereafter before the Magistrate has done any act or made any order referred to in that rule, the Commanding Officer of the accused or competent military, naval or air force authority, as the case may be, gives notice to the Magistrate that in the opinion of such authority, the accused should be tried by a Court Martial, the Magistrate shall stay proceedings and if the accused is in his power or under his control, shall deliver him, with the statement prescribed in sub-section (1) of section 549 of the code to the authority specified in the said sub-section.
VI. Where a Magistrate has been moved by competent military, naval or air-force authority, as the case may be, under clause (b) of Rule III, and the commanding officer of the accused or competent military, naval or air force authority, as the case may be, subsequently gives notice to such Magistrate that, in the opinion of such Authority, me accused should be tried by a court martial such magistrate, if he has not before receiving such notice done any act or made any order referred to in rule V, shall stay proceedings, and if the accused is in his power or under his control, shall in the like manner deliver him, with the statement prescribed in sub-section (I) of section 549 of the code to the authority specified in the said sub-section.
VII. (1) When an accused person has been delivered by the Magistrate under rules V and VI, the commanding officer of the accused or the competent military, naval or air force authority, as the case may be, shall, as so soon as may be, inform the Magistrates whether the accused has been tried by a Court-Martial or other effectual proceedings have been taken or ordered to be taken against him.
(2) When the Magistrate has been informed under sub-rule (1) that the accused has not been tried or other effectual proceedings have not been taken or ordered to be taken against him the Magistrate shall report the circumstances to the State Government, which may, in consultation with the Central Government, take appropriate steps to ensure that the accused person is dealt with in accordance with law.
VIII. Notwithstanding anything in the foregoing rules, where it comes to the notice of a Magistrate that a person subject to military, naval or air force law has committed an offence, proceedings in respect of which ought to be instituted before him and that the presence of such persons cannot be procured except through military, naval or air-force authorities, the Magistrate may, by a written notice, require the commanding officer of such person either to deliver such person to a Magistrate to be named in the said notice for being proceeded against according to law, or to stay the proceedings against such person before the Court-Martial if since instituted, and to make a reference to the Central Government for determination as to the Court before which proceedings should be instituted.
IX. Where a person subject to military, naval or air-force law has committed an offence which, in the opinion of competent military, naval or air-force authority, as the case may be, ought to be tried by a Magistrate in accordance with the civil law in force or where the Central Government has, on a reference mentioned in the rule VIII, decided that proceedings against such person should be instituted before a Magistrate, the commanding officer of such person shall, after giving a written notice to the Magistrate concerned, deliver such person under proper escort to that Magistrate.
CASE LAWS
In case a person subject to Army Act is brought before a criminal court on a charge under section 409 I.P.C. with respect to Military property Magistrate must comply with this rule. Non-compliance renders proceedings illegal.
See: 1949 M.W.N. at page 349. |
