GENERAL RULES (CRIMINAL) OF 1954
Notification No. 145/JC/54/3665-67
dated Agartala, the 23rd December, 1954
1. These Rules shall be known and cited as the General Rules (Criminal) of 1954.
2. These Rules shall come into force on the 1st January, 1955 and shall, so far as may be, apply to all proceedings and matters in all criminal courts subordinate to the Judicial Commissioner's Court, Tripura, commenced on or subsequent to that date, and, so far as may be, to all proceedings and matters pending in such courts on that date.
3. The general rules hereinafter following for regulating the practice and proceedings of all criminal courts subject to the appellate jurisdiction of Judicial Commissioner's Court, Tripura, for the inspection of records of subordinate courts and for the disposal of destruction or otherwise of records, books and papers belonging to or being in the custody of such courts, are made and issued by the Judicial Commissioner in exercise of the powers in that behalf conferred on it by Parliament and the Acts' of t
1. The Pleaders authorised to practise in Criminal Courts in Tripura State are the Advocates, Pleaders class I and Pleaders class II.
Any Advocate or Pleader class I on the roll of the Judicial Commissioner's Court and not under suspension, who, in the case of a Pleader, has filed his. Vakalatnama, is entitled to practise as such in any court other than Judicial Commissioner's Court upon producing before the presiding officer of such court his certificate of enrolment or otherwise satisfying such Presiding officers of the fact of such enrolment.
2. A legal practitioner may, with the consent of the court, address it in English: Provided that such consent shall not be given if the opposite party objects, unless due provision is made for the interpretation, if necessary, of what is said into the language of the Court.
3. A legal practitioner when unable personally to attend to a case in which he is bri
1. In every process or order issued or made by a Judicial officer the name and powers of the, officer issuing or making it, together with the name of the district and for the Court, shall be clearly set out. Every officer signing a process or order shall sign his name legibly.
2. In every process requiring the appearance or attendance
Chapter 3 of the General Rules (Criminal) of 1954 outlines the procedural framework for the administration of criminal justice. It establishes guidelines for the conduct of criminal trials, including the roles of various judicial officers and the rights of the accused.
This chapter primarily deals with the procedures related to the dismissal, discharge, and other administrative actions concerning individuals enrolled under the Army Act, as well as the conduct of criminal courts.
1. In every case, other than a case in which the offence alleged falls under Chapter XIX, XX or XXI of the Indian Penal Code, the style and title used to designate the prosecution shall be "The State of Tripura" and no other.
2. A serial number shall be assigned to each case in each Court:
(i) in the Court of a Magistrate taking cognizance of an offence, as soon as cognizance is taken; but if the case is at once transferred under Section 192 of the Code of Criminal Procedure, 1898, it shall not be numbered as a case;
(ii) in the Court of a Magistrate receiving a case by transfer or by submission under Section 346 of the Code of Criminal Procedure, 1898, or in a Court of Session receiving case made over under Section 193 of the same Code for trial, as soon as the case is received;
(iii) in a Court of Session receiving a case on commitment or on reference under Section 123 of
Chapter 4 of the General Rules (Criminal) of 1954 outlines the procedural framework for the trial of criminal cases, focusing on the management of court proceedings, the handling of evidence, and the responsibilities of judicial officers. This chapter is crucial for ensuring that criminal trials are conducted fairly and efficiently.
The section delineates the rules governing the trial process, including the roles of magistrates, the handling of evidence, and the procedural requirements for the conduct of trials. It emphasizes the importance of adhering to established protocols to maintain the integrity of the judicial process.
The scope of this section extends to all criminal trials conducted under the jurisdiction of the courts, ensuring that the rules apply uniformly across different cases and jurisdictions. It aims to standardize the trial process to prevent arbitrary decision-making.
While the section itself does not prescribe specific punishments, it establishes the framework within which punishments for various offenses are determined, ensuring that they are consistent with the principles of justice and fairness.
1. When an order of commitment for the trial has been made, the Magistrate shall at once report the fact to the Court to which the commitment is made by a letter in the prescribed form; and shall within eight days from making the said order, submit the entire record to the Court of Sessions, together with a calendar in the prescribed form.
The entries under heads No.9 and 11 of the calendar shall be full and accurate, so as to give the Court receiving it a clear idea of the matters to which each witness will depose. When the committing Magistrate is not acquainted with English, and has prepared. a calendar in the vernacular, an English translation of the calendar shall be made for submission to the Court to which the commitment is made.
I-A. In any case which comes before a Court of Session, the Court may engage counsel to defend the accused person if-
(a) the charge against him is such that a capit
Chapter 5 of the General Rules (Criminal) of 1954 outlines the procedural framework for trials in courts of sessions. It establishes the responsibilities of magistrates and the protocols for handling cases that are committed for trial.
This chapter specifies the procedures to be followed once a commitment order for trial has been made by a magistrate. It emphasizes the need for timely reporting and the proper handling of cases to ensure justice is served efficiently.
The scope of this section is limited to the procedural aspects of trials in sessions courts, focusing on the responsibilities of magistrates and the flow of cases from lower courts to higher courts.
The chapter does not explicitly outline punishments; rather, it focuses on procedural compliance. Non-compliance with these rules may lead to delays in justice but does not specify punitive measures.
1. The record of evidence and statements in subordinate Criminal Courts in the State of Tripura shall be made as follows:
(i) In summary trials the record shall be made in the manner and form prescribed there for vide Form No. 47 ;
(ii) in every case other than one tried summarily the examination of the accused under Section 364 of the Criminal Procedure, 1898-
(a) when it is given in English, shall be recorded upon the printed Form No.6;
(b) when given in the language of the Court, it shall be recorded upon the printed Form No.6. Upon this record the signature of the accused shall be taken, and the certificate of the presiding officer shall be made, as required by the law. In any case in which the presiding officer does not make this record with his own hand, and makes only a memorandum in English, while an officer of the Court records the examination in full, the presidi
1. The following forms of oaths and affirmations are prescribed:
1. Oath for witness:
"The evidence which I shall give to the Court shall be the truth, the whole truth and nothing but the truth. So help me God".
II. Affirmation for witness:
"I solemnly affirm that the evidence which I shall give to the Court shall be the truth, the whole truth and nothing but the truth".
III. Oath for Interpreter:
"I shall well and truly interpret what is deposed by the witness (or witnesses) between our Sovereign State and the prisoner at the bar. So help me God".
IV. Affirmation for Interpreter:
"I solemnly affirm that I shall well and truly interpret what is deposed by the witness or witnesses) between our Sovereign State and the prisoner at the bar"
2. When an oath or affirmat
1. When in any case of which a Court has been taken cognizance, the presiding officer has occasion to notice any erroneous practice on the part of the police, he shall make a note thereof in the last column of the police charge-sheet, and if he has reason to believe that a confession has been elicited by the police from an accused person by the use of force or undue influence, or that any other grave irregularity has occurred, he shall bring the matter to the notice of the District Magistrate.
2. In every case in which an accused has claimed to be tried, the Court shall note in its judgment whether the accused examined witnesses in his defence.
A Court of Session shall further record at the conclusion of its examination of an accused that he has been asked whether he means to adduce evidence and his reply or that of his pleader, if any. If he asks that certain witnesses may be examined, it shall record whether they are pr
1. When a Court of Sessions passes a sentence of death, it shall forthwith commit the prisoner by a warrant in the appropriate form to the jail from which he came to stand his trial, and shall submit its proceedings to the Judicial Commissioner's Court with a letter in the prescribed form.
When a Court of Sessions submits its proceedings under the preceding paragraph, it shall state in the prescribed form whether the prisoner has funds or not to employ counsel in the Judicial Commissioner's Court.
2. The date fixed by a Court of Sessions in a warrant for execution of a sentence of death shall be not less than twenty-one nor more than twenty-eight days from the date of the issue of such warrant, unless it be otherwise directed in the order of confirmation.
3. When a warrant for the execution of a sentence of death has not been executed upon the date fixed owing to the postponement of execution by Gov
1. The provisions of the rules relating to the numbering and the initial treatment of a case, and in particular those contained in Chapter IV, Rules 2. 3, 4 and 8, shall be observed in regard to an appeal and a revision case.
The papers of an appeal or revision case, while they are in the Court, shall be kept in a wrapper in the prescribed form.
2. Every petition of appeal, when received by an Appellate Court, shall be examined at once by the proper officers, who shall endorse upon it a report
(i) whether or not it is barred by limitation;
(ii) whether or not the appeal lies to the Court.
The proper officer in the Court of Session shall be the Sheristadar. In every other Court the reader (Bench-clerk) shall be the officer.
For every appeal that is not summarily rejected, and every revision case in which the Court thinks fit to he
1. Whenever a record is to be sent from a Court or record-room to another Court or record-room, the reader or record-keeper shall carefully examine the record before transmitting it, and shall attach and sign at the foot of the general index a certificate that he has examined the record and all the papers are in order.
2. When the record of a case in received in a Court from another Court or from the record-room, the reader shall carefully examine the record and shall at once report to the Court if the record is not in all respects in order and corresponding to the general index.
If the record is received from the Judicial Commissioner's Court, the reader or record-keeper shall carefully examine the record and shall lay it before the Court. Every copy or certificate received from the Judicial Commissioner's Court shall be placed upon the general index and filed with the record.
3. The records of com
1. Records shall be classified as follows:
Class I. Every complaint dismissed under Section 203 of the Code of Criminal Procedure, 1898.
Every case compounded under the law.
Every application dismissed.
Every miscellane
1. When under any law or any rule having the force of law a Court sends for the record of a criminal case, whether pending or decided, the Court shall send a requisition in the prescribed Form (No. 16), and the cost of transmission shall ordinarily be borne by the Government.
2. A Court (including the officer in charge of record-room) shall ordinarily without objection send a record for inspection on receipt of a requisition from the Government, the Board of Revenue, the Head of a Department of Government, the Commissioner of a division, the District Magistrate, or any Court, civil, criminal or revenue. It shall not issue a record to any other person except for special reasons to be recorded. In any doubtful case reports shall be made for the orders of the Judicial Commissioner's Court.
3. When an order for, transmission of a record has been made, the reader or record-keeper shall send the record under cover of a printed
1. A Judge or Magistrate requiring to examine at his private residence a record of a case pending in his Court may take charge of such record.
2. A Judge or Magistrate in his discretion may by verbal order permit a party to a case or his pleader to inspect the record in a pending case in the Court room, or in the presence of the reader or Sheristadar. Any Government officer authorised to examine records either on behalf of the Government or by way of scrutiny of the work of an office, and any Public Prosecutor, shall at all reasonable times be allowed to inspect any record, book or register without any formal application to or order by the presiding Judge or Magistrate. No fee shall be paid for an inspection made under this rule.
3. For any inspection, other than one made under the last preceding rule, of a record in a Court of Session or its record-room, a formal application for inspection shall be given and the fees pre
1. Except as may be otherwise directed by any law for the time being in force or by any rule having the force of law, a copy shall not be made of any record or part thereof save under an order of the Court upon an application made as hereinafter mentioned.
2. Notwithstanding anything in these Rules contained-
1. A list of printed forms authorised is given in the Appendix. No printed forms other than an authorised form shall be used in any Court.
2. Every Sessions Judge and District Magistrate will be furnished early in each year by the Superintendent of the Government Press, Agartala, with a printed form of indent for printed forms required
(i) to keep a stock throughout the year for which the supply is required, and
(ii) to have a margin of three months' consumption at the end of that year.
The indent form. viz., Manual Miscellaneous Form No. 283, shall be filled up according to the directions on the flyleaf thereof. The Sessions Judge shall include in his indent all forms required by every Court of Sessions division. The District Magistrate shall include in his indent all forms required by every Magistrate or bench in his district.
3. The list of authoris
1. The following registers shall be maintained in the Court of every Magistrate:
(1) Register of Cases in Form No. 11.
(2) Register of Disposal of Cases in Form No. 12.
(3) Register of Miscellaneous Criminal Cases in Form No. 13.
(4) Register of Miscellaneous Reports and Proceedings in Form No. 14.
In the Court of every District and Sub-Divisional Magistrate shall also be maintained-
(5) Register of Cases Received on References in Form No. 15.
In the Court of every District Magistrate shall also be maintained-
(6) Register of Cases under Section 466 of the Code of Criminal Procedure [Form No. 11(a)].
2. A Register of Revision Cases in Form No. 18 shall be maintained in the Court of the District Magistrate and in the Court of Session by such clerk as the pres
Chapter 17 of the General Rules (Criminal) of 1954 outlines the procedural framework for charges in criminal cases. It establishes the requirements for framing charges against an accused and ensures that the accused is adequately informed of the allegations against them.
This section mandates that every charge must clearly state the offence with which the accused is charged. It emphasizes the necessity for clarity and specificity in the charges to uphold the principles of justice and fair trial.
The scope of this section extends to all criminal proceedings where charges are to be framed. It applies to various types of offences and ensures that the accused is not left in ambiguity regarding the allegations.
While the section itself does not prescribe specific punishments, failure to comply with the requirements of this section may lead to procedural irregularities, which could affect the outcome of the trial.
1. The statements prescribed in the following rules shall be prepared in the office of the District Magistrate for his own Court and for all subordinate Courts, and in the office of the Sessions Judge for all Judges exercising jurisdiction in his Sessions division.
The District Magistrate shall forward the statement for the district to the Sessions Judge on or before the date fixed for each statement; and the Sessions Judge shall add thereto statistics of the Court of Sessions and shall total the figures, and shall forward them along with the statements relating to the Court of Session to the Registrar, Judicial Commissioner's Court on or before the date fixed for each statement.
2. When one statement or a number of statements to be submitted together is blank, a certificate of the fact, written upon one of the other statements submitted, shall be sufficient.
3. A monthly statement in the prescribed
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
