SUPREME COURT OF INDIA
S.A. BOBDE, CJI., L. NAGESWARA RAO, S. RAVINDRA BHAT, JJ.
IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS – APPELLANT
VERSUS
THE STATE OF ANDHRA PRADESH & ORS. – RESPONDENTS
SUO MOTO WRIT (CRL) NO.(S) 1 of 2017
Decided on : 20-04-2021
Criminal Procedure Code, 1973 – Section 148 – Indian Evdience Act, 1872 – Section 132 – Constitution of India – Article 21 – Speedy trial – Procedural bottlenecks – During a trial, in terms of Section 132, every witness is bound to answer questions she or he is asked; however, that is subject to the caveat that he or she is entitled to claim silence, if answers incriminate him or her, by virtue of Article 20 (3) of Constitution – Every judge who presides over a criminal trial, has authority and duty to decide on validity or relevance of questions asked of witnesses – Courts in all criminal trials should, at beginning of trial, i.e. after summoning of accused, and framing of charges, hold a preliminary case management hearing – This hearing may take place immediately after framing of charge – In this hearing, court should consider total number of witnesses, and classify them as eyewitness, material witness, formal witness (who would be asked to produce documents, etc) and experts – At that stage, court should consider whether parties are in a position to admit any document (including report of experts, or any document that may be produced by accused, or relied on by her or him) – If so, exercise of admission/denial may be carried out under Section 294, Cr. PC, for which a specific date may be fixed – Schedule of recording of witnesses should then be fixed, by giving consecutive dates – Each date so fixed, should be scheduled for a specific number of witnesses – However, concerned witnesses may be
bound down to appear for 2-3 consecutive dates, in case their depositions are not concluded – Also, in case any witness does not appear, or cannot be examined, court shall indicate a fixed date for such purpose – Recording of deposition of witnesses shall then be taken up, after scheduling exercise is complete – Draft Rules of Criminal Practice, 2021, (which are annexed to present order, and shall be read as part of it) should be hereby finalized in terms of above discussion – All High Courts shall take expeditious steps to incorporate said Draft Rules, 2021 as part of rules governing criminal trials, and ensure that existing rules, notifications, orders and practice directions are suitably modified, and promulgated (wherever necessary through Official Gazette) within 6 months from today – If State Government’s co-operation is necessary in this regard, approval of concerned department or departments, and formal notification of Draft Rules, shall be made within said period of six months. (Paras 14, 17, 18 and 19)
Facts of the case:
Present suo motu proceeding under Article 32 was initiated during the course of hearing of a criminal appeal1. The Court noticed common deficiencies which occur in course of criminal trials and certain practices adopted by trial courts in criminal proceedings as well as in the disposal of criminal cases and causes. These related, amongst others, to the manner in which documents (i.e. list of witnesses, list of exhibits, list of material objects) referred to are presented and exhibited in the judgment, and lack of uniform practices in regard to preparation of injury reports, deposition of witnesses, translation of statements, numbering and nomenclature of witnesses, labelling of material objects, etc. These very often lead to asymmetries and hamper appreciation of evidence, which in turn has a tendency of prolonging proceedings, especially at appellate stages.
Findings of Court:
All High Courts shall take expeditious steps to incorporate the said Draft Rules, 2021 as part of the rules governing criminal trials, and ensure that the existing rules, notifications, orders and practice directions are suitably modified, and promulgated (wherever necessary through the Official Gazette) within 6 months from today. If the state government’s co-operation is necessary in this regard, the approval of the concerned department or departments, and the formal notification of the said Draft Rules, shall be made within the said period of six months.
Result – Suo motu proceeding disposed of with directions.
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ORDER :
1. This suo motu proceeding under Article 32 was initiated during the course of hearing of a criminal appeal1[Crl.A.400/2006 & connected matters]. The Court noticed common deficiencies which occur in the course of criminal trials and certain practices adopted by trial courts in criminal proceedings as well as in the disposal of criminal cases and causes. These related, amongst others, to the manner in which documents (i.e. list of witnesses, list of exhibits, list of material objects) referred to are presented and exhibited in the judgment, and the lack of uniform practices in regard to preparation of injury reports, deposition of witnesses, translation of statements, numbering and nomenclature of witnesses, labeling of material objects, etc. These very often lead to asymmetries and hamper appreciation of evidence, which in turn has a tendency of prolonging proceedings, especially at the appellate stages.
2. The Court had noticed that on these prominent aspects, rules appeared to have been formulated by certain High Courts, whereas many other High Courts have not framed such rules. This has led to a lack of clarity and uniformity in regard to the presentation of trial court proceedings and records, for the purpose of appreciation at the High Court level and eventually, before this court.
3. By an elaborate order dated 30.03.2017, this Court noted various salient aspects and flagged inadequacies in the practices and rules of High Courts by taking a cue from existing rules in some High Courts2[Kerala Criminal Rules of Practice, 1982; Andhra Pradesh Criminal Rules of Practices and Circular Orders, 1990 etc.]. After noticing about 13 issues, the Court felt the desirability of a uniform approach – in description of exhibits, manner and description of recording of statements of witnesses, labeling of material objects, and so on. The Court therefore, issued notice to the Registrar Generals of all High Courts, Chief Secretaries and Administrators of States and Union Territories as well as Advocates General, Additional Advocates Generals and Senior Standing Counsel of all states and Union Territories. By a later order dated 07.11.2017, the Court appointed Mr. Sidharth Luthra and Mr. R. Basanth, Senior Advocates as amici curiae. On 20.02.2018, Mr. K. Parameshwar, learned counsel was also appointed as amicus curiae to assist the senior counsel who were earlier appointed as amici curiae. All concerned State Governments and Union Territories as well as High Courts through their Registrar Generals were called upon to submit their responses along with suggestions.
4. By January 2019, 15 States/Union Territories and 21 High Courts had filed responses before this court. Based upon these responses, the amici curiae evolved a consultation paper, which inter alia contained draft rules. The draft rules were circulated to all parties by a letter dated 18.02.2019. Written responses were invited from stakeholders and a colloquium was convened for this purpose in New Delhi at the India International Centre, on 30.03.2019. The colloquium was attended by representatives of different States/Union Territories and their respective High Courts.
5. After considering the suggestions made during the colloquium, the amici curiae submitted the “Draft Rules of Criminal Practice, 2020” for the consideration of this court. While framing Draft Rules, due care was taken to ensure uniformity and at the same time to recognize the diverse practices among the various state authorities and High Courts in the country. The draft rules are compliant and not in any way repugnant to the Code of Criminal Procedure, 1973. Many suggestions made as practice directions reflect the mandatory provisions of the Code of Criminal Procedure, 1973.
6. By later orders dated 27.10.2020 and 19.01.2021, the High Courts were once again directed to file their responses to the Draft Rules
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