Criminal Rules of Practice, Kerala, 1982
(1) The Criminal Rules of Practice and Circular Orders, 1958, issued by the High Court of Madras and the Criminal Rules of Practice, Travancore-Cochin shall stand repealed.
(2) All circulars and instructions issued before the commencement of these rules, shall, to the extent to which they are inconsistent with these rules, stand superseded by these rules.
(1) In these rules, unless the context otherwise requires,--
(a) "Government" means the Government of Kerala;
(b) "Code" means the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);
(c) "Collector" means District Collector and District Magistrate;
(d) "High Court" means the High Court of Kerala;
(e) Words and expressions used in these rules shall have the same meaning as assigned to them in the Code.
The offices of the courts shall be open on all working days from 10.30 a.m. to 5.00 p.m. or during such other hours as may be notified by the High Court from time to time.
(1) The Courts shall ordinarily sit from 11.00 a.m. to 5.00 p.m. with an interval not exceeding one hour.
(2) No case shall be heard and no judicial act shall be formally announced or done on a holiday save in case of absolute urgency.
(3) Nothing in sub-rule (2) shall affect the jurisdiction of a Magistrate to authorise detention of an accused person under sub-section (2) of Section 167 of the Code or to deal with a lunatic in accordance with the provisions of the Indian Lunacy Act, 1912 (Act 4 of 1912) or to record a dying declaration when required to do so by a competent authority or to release an accused from custody.
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.
(1) Summonses issued to accused and witnesses shall ordinarily be signed by the Chief Ministerial Officer of the Court.
(2)The words "By order of the Court" shall invariably be prefixed to the signature of the ministerial officer in such cases.
(1) Summonses to medical witnesses specified in column (1) of the Table below, shall be served through the persons specified in column (2) thereof.
| TABLE | |
| | |
| (1) | (2) |
| | ||
| (a) | Medical Officers in Government | District Medical Officer to whom he is subordinate. |
(1) The Court may issue summons to official witnesses through Heads of Departments in cases where their present address is not definitely known.
(2)The Court shall, in such cases, issue a duplicate copy of the summons direct to the witness either through post or through the police in the address shown in the charge sheet or complaint.
(1) Summons to Police Officers shall be issued through their superior officers.
(2) The Court may, while issuing summons to Police Officers, issue direct to the witness by post a notice intimating him of the date for his appearance and stating that the summons to him is being sent through proper channel. In fixing the date for appearance, the court shall allow sufficient time.
(1) Orders of the Presiding Officers of Courts shall be taken before a summons is issued to a Medical Officer and a convenient date shall be fixed for his examination.
(2)If there are more medical officers than one in a hospital, only one officer should, as far as possible, be summoned at a time.
(3)If possible, it may be previously ascertained from the Medical Officer what time would best fit in with his professional duties. A medical witness shall 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 shall 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.
(4)Wherever possible, the particulars of the injured person, the date on which he appeared at the hospital and the number of the postmortem or wound certificate shall be
Summons for the appearance as witness of the Presiding Officer of a House of Parliament or of a State Legislature or the Chairman of a Committee thereto or of any other person who is, in the opinion of the Court, entitled to such mark of consideration, shall be in Judicial Form No.2.
When process is issued in a language other than the official language of the receiving court, such process shall be accompanied by an authorised English translation thereof. The report from the receiving court to the court which issued the process regarding the service or non-service of the process shall be accompanied by an authorised English translation of the report, if the report is not in English or in the language of the court which issued the summons.
(1) Where there are several accused persons and only some of them have appeared or been produced before the court, if the Magistrate is satisfied that the presence of the 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 it 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 Chief Judicial Magistrate and the Chief Judicial Magistrate may direct that the case against the absent accused be removed to the registe
Before directing the transfer of a case other than a case dealt with under sub-sections (1) and (2) of Section 330 of the Code to the register of long pending cases, the Chief Judicial Magistrate shall satisfy himself that all reasonable steps have been taken to follow the procedure under Sections 82 and 83 of the Code and also when practicable, that all provisions of Section 299 of the Code have been complied with.
Rules 16 to 18 shall apply, as far as may be, to cases where an accused has appeared but has subsequently absconded.
Rules 16 to 18 shall apply to all sessions cases, as far as may be, where an accused person has absconded or has become insane after the case is committed to the Sessions Court. The Sessions Court shall include such cases in the Register for long pending cases and shall report the matter to the High Court.]
Where an accused detained in a hospital is not in a position to be moved and produced before the Magistrate concerned, the Magistrate shall proceed to the hospital, see the accused person and shall order remand or an extension of the remand as the case may be.
In computing the period of 15 days mentioned in sub-section (2) of Section 167 of the Code or the proviso to Section 309 of the Code, both the day on which the remand order is made and the day on which the accused is ordered to be produced before the court shall be included. In computing the period of 60 days mentioned in the proviso to sub-section (2) of Section 167 of the Code, both the day on which the remand was made and the day on which the accused is ordered to be produced shall be included.
When an accused is brought before a Subordinate Court under Section 390 of the Code, the court shall fully explain to him the procedure of the High Court with regard to the posting and hearing of appeals embodied in the rules of the High Court. 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 is a bailable warrant, the court shall state its reasons for the remand.
(1) Every complainant filing a written complaint in court shall file along with the complaint as many copies on plain paper, of the complaint as there are accused. Such copies shall be verified and certified to be true copies of the original, by the complainant or by his Pleader or Advocate, in cases where he is represented by such Pleader or Advocate.
(2)The Court shall return such complaint, in case it is not accompanied by such copies or the copies produced are not verified and certified as aforesaid.
Nothing contained in these rules shall preclude the Court from directing that instead of being given a copy, the accused shall be only allowed to inspect any document either personally or through Pleader in Court in cases governed by the second proviso to Section 207 of the Code.
(1) All petitions, applications, affidavits, memoranda of appeal, revision petitions and other proceedings presented to a court shall be in English or in the language of the Court and shall be written legibly in ink or typewritten or printed legibly on white foolscap folio paper with an outer margin of about 4 cms. and an inner margin of about 1.5 cms. Separate sheets shall be stitched together book-wise. Numbers shall be expressed in figures. Except in the case of main proceedings, the writing or typewriting or printing may be on both sides of the paper; provided however that the last sheet shall in all cases be written, typewritten or printed on the inner page only.
(2)All proceedings and other documents filed in court shall be docketed on the reverse of the final page endorsing the name of the court, the number and year of the proceedings to which it relates, the name of the person presenting the same and the date of presentation in court.
(1) All papers presented in court shall be sealed with the date stamp of the court immediately they are received.
(2)Whenever a First Information Report is received in Court, the Magistrate shall initial it noting the date and time of the receipt thereof.
(1) The Presiding Officer or the Chief Ministerial Officer of the Court, shall, on receiving any document which is stamped, cancel the same with his initials and date and shall also note on the top of the document the total value of the stamp the document bears.
(2)All court-fee stamps whether impressed or in the form of lables in very document received by the court shall be cancelled by punching out the insignia of the State in the stamps in such a manner as to leave the amount designated on the stamp untouched.
(1) No person who is not a qualified legal practitioner shall be permitted to act as a pleader in any proceeding except to prevent a possible miscarriage of justice and for reasons to be recorded in writing by the court. Such permission shall be restricted to the conduct of the particular case and shall not operate as a general licence empowering the person so permitted to act as a pleader in all cases.
(2)Any person permitted under sub-rule (1) to act as a pleader shall file in Court a duly stamped power of attorney from his client authorising him to act as such.
Every Pleader as defined in clause (q) of Section 2 of the Code of Criminal Procedure, 1973, other than a Public Prosecutor, appearing either on behalf of the complainant or the accused, shall file a memorandum of appearance containing the following particulars:
(i) A declaration that he is duly instructed by or on behalf of the party whom he claims to represent;
(ii) Number and year of proceedings;
(iii) Name of the parties to the proceedings;
(iv) Name and position in the proceeding of the party for whom he appears;
(v) Roll Number;
(vi) Address of the Advocate.]
(1) Every vakkalath shall, unless otherwise permitted by the Court, be in Judicial Form No.57. The name of the pleader or, if more than one pleader is appointed, the names of the pleaders shall be inserted in the vakkalath before it is executed. It shall be dated at the time of its execution and of its acceptance. Its execution shall be attested by a Judicial Officer, a District Registrar, or a Sub-Registrar, the Chief Ministerial Officer of Civil or Criminal Court in the State of Kerala, a Member of Parliament or of the Legislature of any State in India, the Chairman, Executive Authority or Member of any Municipal Council or Corporation or other local authority in India, a Village Officer, a Gazetted Officer, in the service of the Central Government or of any State of India, a Commissioned Officer in the Defence Forces of India or an Ambassador or Envoy duly accredited by or to the Central Government, or a pleader other than the pleader accepting the vakkalath:
Provide
Every pleader appearing on behalf of an accused who has been exempted from personal appearance shall file a vakkalath as prescribed by Rule 32.
A pleader proposing to enter appearance in a proceeding for a party, for whom there is already a pleader on record, shall produce the written consent of such Pleader, or where such Pleader, refuses his consent he shall obtain the special permission of the court.
No pleader shall be entitled to take delivery of property or receive money or documents on behalf of his client unless specially authorised to do so by the vakkalath or the power of attorney.
Notwithstanding the termination of all proceedings in the trial or enquiry, the appointment of a pleader in a criminal case shall, unless otherwise provided for therein or determined by the death of the party engaging him or of the pleader or by revocation in due course, be deemed to authorise him to appear or to take an application or to do any act in connection with getting copies of judgments and other documents.
Every affidavit shall be drawn up in the first person and be divided into paragraphs numbered consecutively; and each paragraph as nearly as may be shall be confined to a distinct portion of the subject matter.
Every affidavit shall state the full name, age, description and place of abode of the deponent and shall be signed or marked by him. Where the affidavit covers more than one page, the deponent shall sign every page. The description shall include the father's or karanavan's or husband's or mother's name and such other particulars as may be necessary to identify the person.
Alterations, erasures and interlineation shall, before an affidavit is sworn or affirmed, be authenticated by the person before whom the affidavit is signed. No affidavit having therein any alteration, erasure or interlineation not so authenticated shall, except with the leave of the Court, be filed or made use of in any manner.
(1) Affidavits may be sworn or affirmed before any judicial officer, a District Registrar or Sub-Registrar, the Chief Ministerial Officer of any civil or criminal court in the State of Kerala, a Member of Parliament, or of the Legislature of any State in India, the Mayor, Chairman, President, Executive Authority or a Member of any Municipal Corporation, Municipal Council or other local authority in India, a gazetted officer serving in connection with the affairs of the Union or of any State in India, a Commissioned Officer in the Defence Forces of India, or an advocate.
(2)The person before whom the affidavit is sworn or affirmed shall state the date on which and the place where the same is made and sign under his name and designation at the end, as in Judicial Form No.58.
Where an affidavit is sworn or affirmed by any person who appears to the person authenticating the affidavit to be illiterate, blind or unacquainted with the language in which the affidavit is written, the person authenticating shall certify that the affidavit was read, explained and translated by him or in his presence to the deponent, that the deponent seemed to understand it and made his signature or mark in the presence of the person authenticating it.
(1) If the deponent of an affidavit is not known to the person authenticating the same, the identity of the deponent shall be caused to be testified by any person known to him who shall attest the signature or mark of the deponent in token thereof.
(2)Where the deponent is a pardanashin lady, she shall be identified by a person to whom she is known and that person shall verify the identification by a separate affidavit.
Documents mentioned in and accompanying an 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 as in Judicial Form No.59 signed by the Officer before whom the affidavit is taken.
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 as to which the opinion is expressed or other means of knowledge of the deponent.
Every affidavit shall clearly express how much is a statement of the deponent's knowledge and how much is a statement of his belief. The grounds of belief must be stated with sufficient particularity to enable the court to judge whether it would be safe to act upon the deponent's belief.
Except with the leave of the Court, no affidavit which has not been filed in court and of which a copy has not been given to the opposite side at least three days before the hearing shall be used in any matter.
The court may at any time direct that any person shall attend to be cross-examined on his affidavit.
The parties to whom copies of affidavits have been given shall be entitled to file counter affidavits, copies of which shall be given to the opposite parties, who may, if they choose, file further affidavits in reply; but except with the leave of the court, no further affidavits shall be filed.
Subject to the provisions of the Oaths Act, 1969 (Central Act 44 of 1969), every witness and every interpreter shall take an oath or make an affirmation before he is examined or called upon to interpret.
The oath to witnesses and interpreters shall be administered in open court by the Presiding Officer or by such other person empowered by him in this behalf or where the witness is examined on commission by the Commissioner.
(1) The following shall be the form of oath to be administered to the witness:
"I do swear in the name of God that what I shall state shall be the truth, the whole truth and nothing but truth".
(2) Witnesses who object to make an oath may solemnly affirm in the following form:
"I do solemnly affirm that what I shall state shall be the truth, the whole truth and nothing but truth".
| When a witness is examined with the aid of an interpreter, the interpreter also shall be administered an oath or affirmation in the following form: | ||
| "I do swear in the name of God Solemnly affirm | that | |
| I will well and truly interpret and explain all questions put to and evidence given by witnesses" |
When the witness cannot understand the language in which the oath or affirmation is administered, the oath or affirmation shall be translated by the interpreter and put to the witness and the witness allowed to take the oath or affirmation in the language known to him.
Police Officers shall not be employed to interpret the evidence of witnesses in cases prosecuted by the police.
Where the witness appears to be under a disability, the court may hold a preliminary enquiry as to his competency to give evidence.
In the heading of the deposition of witnesses 1[date of commencement of the examination], the full name, including the family name of the deponent, if any, and his or her father's or mother's or husband's name shall be recorded. The heading shall also state the age 1[sex], profession and residence of the witness. The name of the interpreter, if any, shall be written below the particulars stated above.
(1) The court shall while recording the deposition divide the same into separate paragraphs assigning paragraph numbers.
(2) The evidence of each witness shall be taken down in the language of the Court;--
(a) in writing or in typed format by the Judge or Magistrate as the examination proceeds or
(b) by his dictation directly on to a mechanical or electronic device; or
(c) where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf:
Provided that in case the deposition is recorded in a language other than the language of the court or in English, the Judge or Magistrate shall simultaneously translate the deposition either himself or through a translator into English.
(3) The court shall, as far as possible, conduct the Examination-in-Chief, Cross- Examination and Re-examination on the same day. However, if the e
After a deposition has been read over to the witness, the last page thereof shall be signed in full by him. The Judge shall initial every page if the deposition is not recorded in his hand. A certificate in the following form shall be appended at the foot of the deposition and the Judge shall affix his signature 1[with date] thereto over his name:
"Taken down by me/before me in open court, interpreted/read over to the witness and admitted by him to be correct".
The Court shall, as far as possible, issue a hard copy or a digitally signed copy through electronic mail, of the evidence recorded, free of cost, to the witness and accused or to the advocate/public prosecutor representing them, on the date of recording the evidence.]
(1) If a party dispenses with the examination of any witness, the party or his pleader shall ordinarily be required to sign a memorandum to that effect.
(2)If the court refuses to examine any witness, the reason for such refusal shall be recorded.
The court may, having regard to the special circumstances of any particular case, order the examination of any witness in camera.
In every case in which the precise age of an accused person is relevant, evidence shall be taken on the question and whenever necessary, the opinion of a medical expert shall be obtained.
Sessions Judges and Chief Judicial Magistrates and District Magistrates may sanction reasonable expenditure on account of interpretation of questions put to the accused, the answers given by him, the statement of pleas of the accused and the evidence given by witnesses. The Chief Judicial Magistrates may also sanction such expenditure for interpretation in the courts subordinate to them. Expenditure for interpretation shall be incurred only if there are no members on the staff of the court concerned, who are competent to act as interpreters.
(1) Exhibits admitted in evidence shall be marked as follows:
(i) If filed by the prosecution, with capital letter P followed by a numeral P1, P2, P3 etc.
(ii) If filed by the defence, with capital letter D followed by a numeral D1, D2, D3 etc.
(iii) If court exhibits, with capital letter C followed by a numeral C1, C2, C3 etc.
(2)All exhibits marked by several accused shall be marked consecutively.
(3)All material objects shall be marked in Arabic numbers in continuous series, whether exhibited for the prosecution or the defence or the court as M.O.1, M.O.2, M.O.3, etc.
1[(4) Whenever the Prosecution Witness No.1(PW1) introduces a document in evidence, that document shall be marked as Exhibit P1/PW1. Documents marked subsequently through the same witness shall be marked as Exhibit P2/PW1 etc. If a document is marked without sufficient proof through a witness, then it shall be indicated on the exhibit as subject to proof.
The witnesses examined shall be numbered as follows:--
(a) Prosecution Witness as PW1, PW2, etc. in seriatim.
(b) Defence Witness as DW1, DW2, etc. in seriatim.
(c) Court Witness as Ct.W1, Ct.W2, etc. in seriatim.]
Where any property including livestock is entrusted to a party for being produced before court at the time of the bearing and is accordingly produced, the court may order the payment of reasonable charges incurred for their production.
If it is proposed to prove several pervious convictions against an accused person for the purpose of effecting his punishment under Section 236 and sub-section (3) of Section 248 of the Code, they shall be set-forth separately, each under a distinct head of charge.
1[(1)] 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 position in the case as prosecutor or witness.
2[(2) After the framing of charges, the accused shall be referred to only with reference to their rank mentioned in the charge and not by their names, except for the purpose of identification by the witness.]
Every Judge or Magistrate shall while ordering framing of charge, prepare a charge as prescribed in Form 32 of Schedule II of the Code.]
Every application under Section 340 of the Code shall be registered as a Criminal Miscellaneous Petition.
Every original petition shall be registered as a miscellaneous case and 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 or respondents.
Every petition, application, complaint, police report or other proceeding which does not comply with the requirements of Rule 67 or is otherwise defective shall not be numbered and shall be returned to the party or the pleader or the officer concerned for amendment and representation within a specified time.
Every application for transfer of a case and every application not otherwise provided for in these rules shall be registered as a Criminal Miscellaneous Petition.
(1) No Magistrate shall record any statement or confession made by an accused person under Section 164 of the Code until the Magistrate has first recorded in writing his reasons for believing that the accused is prepared to make the statement voluntarily and until he has explained to the accused that he is under no obligation to answer any question at all and has warned the accused that it is not intended to make him an approver and that anything he says may be used against him.
(2)Before recording a statement, the Magistrate shall question the accused in order to ascertain the exact circumstances in which his confession is made and the extent to which the police have had relations with the accused before the confession is made.
(3)The Magistrate may put to the accused the following questions and such other questions as deemed necessary:
(a)When did the police first question you
(b)How often were you questioned by the police
1[(1)]Except in cases of urgency, e.g., when a dying declaration has to be recorded etc., requisitions signed by a police officer to record the statements of any person other than an accused person shall normally be made to the Chief Judicial Magistrate or the Judicial Magistrate of the first class or any Magistrate other than the Magistrate having territorial jurisdiction, whom the Chief Judicial Magistrate may nominate for the purpose.
2[(2) The Magistrate who is recording a confession/statement under Section 164 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or a dying declaration, shall prepare such confession/statement/declaration in duplicate and retain one such confession/statement/declaration in his court, after duly entering the particulars of such confession/statement/ declaration in Administrative Form No. 46.]
(1) The Court shall dispose of the applications for bail within a period of seven days from the date of its first hearing. The Court shall, if it is not possible to dispose of the bail applications within the time prescribed, state the reasons for the delay in the order.
(2) The Court may in appropriate cases in its discretion, direct a statement to be filed by the prosecution.
(3) The statement or report, if any, filed by the police or prosecution and the copy of the order of the Court shall be furnished to the accused free of cost, on the date of pronouncement of the order, as far as possible.]
2[(4) The copy of the bail order shall, as far as possible, be communicated to the prison authorities on the date of pronouncement, and the prison authorities shall furnish the said order to the accused.]
Every court shall maintain a diary in Administrative Form No.10. The entries shall be signed by the Presiding Officer on the day to which they relate.
(2)Every court shall maintain a hearing book in Administrative Form No. 11.
(1) Every Judge or Magistrate shall maintain a proceedings paper on Judicial Form No.61 furnishing therein full information as to the several judicial steps taken in the case such as reasons for adjournments, issue of warrants to the accused or witnesses, marking of documents, examination of witnesses, framing of charges, questioning of the accused, hearing arguments and pronouncing judgement or order. The entries shall be neatly written by the Judge or Magistrate and initialled by him in open court.
(2)When records are sent up to a court of appeal or revision or forwarded to a court to which the case is transferred or committed, a typed or neatly written copy of the proceedings paper shall be placed with the records.
When committing an accused person to a Court of Session, the Magistrate shall place with the record a statement of the case in Administrative Form No.44.
In all cases triable by a Court of Session, the committing Magistrate may, if necessary, call upon the police or the complainant to prepare and file a plan or sketch of the scene of offence, if the same has not been filed along with the charge sheet or complaint.
(1) Magistrates shall with the least practicable delay commit to the Court of Session, cases triable by it after complying promptly with the provisions of Sections 207 and 208 of the Code, as the case may be.
(2)In every case in which the time taken between the receipt of the charge sheet and the date of the committal order exceeds three weeks, the committing Magistrate shall furnish an explanation for the delay which shall be attached to the copy of the committal order submitted to the Sessions Judge and the Chief Judicial Magistrate.
(1) When a case is committed to the Court of Session, a descriptive list of weapons or other articles of property connected with the case shall be placed among the records.
(2)The Sessions Judge shall, when making over a Sessions case to another court, send a copy of his order to the committing Magistrate. If he decides to try the case himself, he shall intimate the date of posting to the committing Magistrate. The properties shall, however, be forwarded by the court only after it is informed which court is to try the case.
(1) In every inquiry or trial, the proceedings shall be held as expeditiously as possible. When the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.
(2) At the commencement and immediately after framing charge, the court shall hear the prosecution and the accused to ascertain and fix consecutive dates for recording of evidence, regard being had to whether the witnesses are material or eyewitnesses or formal witnesses or are experts.
(3) The court shall draw up a schedule indicating the consecutive dates for examination of witnesses. The court may group witnesses into different sets and schedule their examination on different dates. The court shall also, before commencement of trial, ascertain if the parties wish to carry out admission of any document under
Cases committed to the Court of Session shall be filed and numbered immediately on the receipt of the intimation of committal. The cases shall continue to bear the same numbers even when they are transferred to trial to the Additional or Assistant Sessions Judges.
When a case is transferred by the Sessions Judge to the Chief Judicial Magistrate under clause (a) of sub-section (1) of Section 228 of the Code, the latter shall give the case a new number in the calendar of cases.
(1) Sessions cases may be given precedence over all other work and no other work should be taken up on sessions days until the sessions work for the day is completed.
(2) A session case once posted shall not be postponed unless that is unavoidable, and once the trial has begun, it shall proceed continuously on a daily basis till its completion.
(3) If for any reason, trial of a sessions case has to be adjourned or postponed, intimation shall be given to both sides and steps should be taken forthwith to stop the witnesses and secure their presence on the adjourned date.]
1[x x x x]
3[x x x x]
As soon as the charge is framed and read out to the accused, a copy of the charge shall be given to the defence pleader appointed by the court under sub-section (1) of Section 304 of the Code. The court shall give all necessary convenience to the defence pleader to peruse and if necessary take copies of all the relevant records of the case in order to enable him to effectively conduct the defence.
3[x x x x]
Note.- The rules now framed under S.304(2) of the Code of Criminal Procedure provides for matters dealt with in the above Rules. The amendment is inteded to avoid duplication.
The court may, in its discretion, appoint a pleader as amicus curiae in any case of importance or difficulty.
A prisoner shall be released from custody immediately on a judgement acquitting him is pronounced unless he is liable to be retained in custody in any other case.
Copy of the Judge's letter of reference shall be supplied immediately to a prisoner sentenced to death.
(1)Sessions Judges shall make arrangements for communicating every order of the High Court and of the Supreme 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.
(2)In the case of an order of the High Court confirming or imposing a sentence of death, the warrant for executing that sentence shall not be issued by the Sessions Judge until after the dismissal of the appeal to the Supreme Court or of the application for special leave to appeal to the Supreme Court, or, in case no such appeal has been preferred or no such application has been lodged, until after the expiry of the period allowed for an appeal to the Supreme Court or for lodging of an application for special leave to appeal to the Supreme Court:
Provided that if a petition for mercy has been submitted to the Governor or the President by or on behalf of the convict, the warrant for executi
Subject to the provision of sub-rule (2) or Rule 88, the Sessions Judge shall, in the case of an order confirming or imposing a sentence of death received under sub- rule (1) of Rule 88 issue a warrant in Form No. 42 of the Second Schedule of the Code (Suitably amended with regard to cases in which a sentence of death is imposed in appeal) accompanied by a copy of the judgement in the appeal, 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 expiry of the period specified in sub-rule (2) of Rule 88.
When a Court of Session 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 and, if that has already been issued, shall notify the fact of payment or recovery to the jail authorities concerned.
(1) Courts of Session shall, as far as printed all its Sessions Judgments. A list of witnesses examined by the prosecution or by the defence or by the court and exhibits and material objects shall be printed at the end. The cost of such printing shall be debited to the contingent grant of the court.
(1) Courts of Session shall, as far as possible, within two weeks from the date of pronouncing judgment in trial cases, print sufficient number of copies of the judgment and distribute them free of cost as follows:
(a) One copy to the District Collector.
(b) One copy to the Chief Judicial Magistrate, who after perusal shall forward the same to the committing Magistrate for filing with the records.
(c) One copy to the Superintendent of Police.
(d) One copy to the High Court as provided for in the rules relating to the submission of judgments and calendars.
(e) Eight copies to the High Court with an additional eleven copies in the case of judgments awarding death penalty or imprisonment for life for being forwarded to the Supreme Court if required in connection with any special leave applications preferred to that court. These shall be forwarded to the High Court along with the records of the case, when called for.
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For the purpose of printing Sessions Judgments, Sessions Judges shall employ private printers on such terms as they consider best after calling for competitive quotations. The printing will be in the form, size and quality of paper specified in Rule 95 subject to budget provision and to the condition that the rates do not exceed the ceiling rates as may be fixed by the High Court from time to time.
The original judgment shall not be sent to the printer. A fair copy along shall be sent.
(1) Printing shall be in clear pica 12 points type on foolscap form and shall be done on both sides of the paper, having an outer margin of 5cms. and an inner margin of 2.5 cms.; every fifth line in each page being numbered.
(2)The printer's proof shall be corrected by himself. The clear proof shall be sent to the court for final correction after comparing with the original judgment and it shall thereafter be returned to the printer for printing. The printed copies shall be despatched to the court together with the fair copy of the judgment and a memorandum showing the number of copies printed and the amount of charges incurred.
All proceedings of the Court of Session addressed to any Magistrate subordinate to the Chief Judicial Magistrate or District Magistrate shall be sent to the Magistrate concerned through the Chief Judicial Magistrate or the District Magistrate as the case may be:
Provided that in cases of urgency or when the law for the time being in force sanctions a different course, the proceedings may be sent direct to the Magistrate, forwarding at the same time a copy thereof to the concerned Chief Judicial Magistrate or District Magistrate, as the case may be.
In calling for the records of an inferior court under Section 385 or 397 of the Code, Sessions Judges may address the Magistrates in whose custody they are, without intervention of the Chief Judicial Magistrate or District Magistrate. The records so called for may be retransmitted directly to the concerned courts after disposal of the cases.
Where several accused persons are convicted in a single trial, each of them may 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 shall prefer separate appeal in each case.
No appeal forwarded from jail under Section 383 of the Code shall be summarily rejected until seven days have elapsed after its receipt by the Appellate Court. In forwarding an appeal the officer-in-charge of the jail shall 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 the petition may reach the Appellate Court:
Provided that nothing in this Rule 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.
(1) Every memorandum of criminal appeal other than an appeal presented through a jail officer shall be headed with a cause title setting out the provisions of law under which it is preferred, the name of the court, names of the appellants and respondents in the court of appeal and also the full cause title of the case or matter in the lower court or courts as the case may be.
(2)When an appellant is in jail, the fact shall be mentioned in the cause title specifying the jail in which he is confined.
(3)The provisions in sub-rules (1) and (2) shall apply, so far as may be, to revision petitions also.
Every interlocutory proceedings in an appeal, revision petition or other application may be headed with a short title setting out the provision of law and the names of the parties and their ranks and their status in the main case.
Every memorandum 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 and a vakkalath or memo of appearance duly signed where a pleader is engaged.
Where an appeal or revision petition is not presented within the prescribed period of limitation, a petition to excuse the delay supported by an affidavit explaining the circumstances of the delay shall be filed along with the appeal or revision petition.
Every petition or other application which does not comply with the requirements of these rules or is otherwise defective shall be returned to the party or pleader concerned for amendment and representation within a specified time.
Every petition or appeal re-presented after the expiry of the time allowed by the preceding rule shall be accompanied by a petition to excuse the delay supported by an affidavit explaining the delay.
Every appeal other than one preferred from jail and every revision petition shall be posted for admission at the earliest opportunity after it is filed.
Whenever an appellate court orders suspension of the execution of the sentence of imprisonment under Section 389 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 and to the court which passed the sentence.
When an appellate court suspends the execution of a sentence of imprisonment pending disposal of the appeal, the appellant, if detained in Jail, shall be treated as an under-trial prisoner.
The appellate court shall, when it confirms or awards a sentence of imprisonment, furnish a copy of its judgment to the accused free of cost.
Whenever an appellate court dismisses an appeal, it shall, whether the execution of a sentence is suspended under Section 389 of the Code or not, send a copy of the order dismissing the appeal to the Superintendent or officer-in-charge of jail in which the appellant is or is to be confined.
(1) Whenever an appellate court other than the High 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 the 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 record of the original court and returned to it therewith.
(2)The issue of fresh warrant by the appellate court and the name of the prison to which the prisoner is sent shall be intimated to the court which tried the case.
Whenever an appellate court reverses a 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.
Whenever an appellate court reduces or reverses a sentence of fine, it shall, if the fine has been levied, grant to the appellant an order of refund. When an order of refund is presented to the court of the first instance, it shall forthwith prepare the necessary payment order and deliver it to the payee without requiring any formal application therefor.
Whenever the High Court certifies its judgment or order to a lower court under Section 388 or 405 of the Code, the latter court shall issue the necessary warrant of release or modification of sentence or order for the refund of a fine, and, in doing so, it shall be guided, as far as may be, by the provisions of Rules 107 and 110 to 113.
Explanation.- In this Rule the expression "lower court" means in the case of a judgment or order passed by the High Court on a revision petition against the finding, sentence or order of an appellate court, the appellate court and not the court of the first instance.
An order for the refund of the fine shall, if not presented for payment within the prescribed time, be returned to the court and may then, after being re-dated and initialled by the Magistrate be re-issued to the payee.
When an order of the High Court, in an appeal or revision, is certified to a lower court under Section 388 or 405 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 114. If the order of the High Court is an order of release, one copy shall be sent direct from the High Court to the Superintendent or officer-in-charge of the jail.
Explanation.- In this Rule the expression "lower court" means in the case of a judgment or order passed by the High Court on a revision petition against the finding, sentence or order of an appellate court, the appellate court and not the court of the first instance.
The Court, after disposing of an appeal preferred 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.
In the cases referred to in Rules 107, 110 to 112, 114 and 116 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 as possible by the same number of copies of the judgment or order in accordance with which the warrants are prepared.
(1) The court shall, on the disposal of an appeal or revision, communicate forthwith a copy of its judgment or order to the subordinate court from whose judgment or order the appeal or revision had been filed. The steps taken by the appellate or revisional court to enforce the sentence confirmed or imposed by that court shall also be communicated to the subordinate court.
(2)The subordinate court shall, in case it is not the trial court, forward the copy of the judgment or order and the communication to the trial court.
Orders granting or rejecting bail passed by the High Court or the Sessions Court shall be communicated to the subordinate courts concerned.
On termination of an appeal, revision petition or 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 the copies.
When a court of appeal or revision orders release on bail of a person who has been convicted or committed for trial, the question of the sufficiency of the bail or security shall, unless the court of appeal or revision itself determines the same, be determined by such court or Magistrate subordinate to it, as the court making the order may direct.
The court authorised to test the sufficiency of the bail or security shall, when satisfied as to the sufficiency of the bail or security forward to the officer-in-charge 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 bail has been furnished.
When an order to give security is made under Section 106 or Section 117 of the Code, the question of sufficiency of the security shall be determined by the Court or Magistrate by whom the order was made:
Provided when an order to give security is made under Section 106 of the Code by an appellate or revisional court when exercising its power of appeal or revision, the question of sufficiency of the security shall, unless the said court itself determines it, be determined by such other court or Magistrate subordinate to it as it may direct.
(1) The Sessions Judge shall carefully peruse all judgments and orders submitted to him with calendar statements with a view to exercise his powers of revision and shall deal with any case under Section 399 of the Code.
(2)In the absence of any urgency, the Sessions Judge shall not exercise his power of revision under Section 399 of the Code in cases where an appeal is provided by law, until the time allowed for the appeal has expired.
Chief Judicial Magistrates shall comply with all requisitions for records and information made by the Sessions Judges. They shall also furnish any explanation which the Sessions Judges may require from them or from the subordinate Magistrates in such cases.
In cases where the Sessions Judge on perusing the calendar is of opinion that a judgment or order calls for revision under Section 399 of the Code, he shall obtain the explanation of the erring Magistrate concerning the alleged error. The explanation shall be obtained through the Chief Judicial Magistrate.
In cases where the Sessions Judge is of opinion that the judgment or order calls for revision under Section 399 of the Code, he may call for the record of the case.
Whenever a Sessions Judge or a Magistrate is of opinion that there are grounds for recommending to the Government the exercise of the powers vested in them under Section 432 or 433 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 Chief Judicial Magistrate; and
(c)through the Chief Judicial Magistrate and the High Court, when made by any Magistrate other than the Chief Judicial Magistrate or Additional Chief Judicial Magistrate.
In cases in which the opinion of the Presiding Judge is called for by the Government under sub-section (2) of Section 432 of the Code, the same shall be forwarded by the Presiding Judge through the High Court, whether the requisition for the opinion has been received through the High Court or not.
In all cases where women are convicted for the murder of their infant children, a reference shall 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 of reducing the sentence. Every such reference shall be accompanied by copies of the material papers of the record.
1[(1)] The judgment in original decision shall, apart from the particulars prescribed by Section 354 of the Code also contain a statement in Tabular form giving the following particulars, namely:--
Description of the accused | Date of |
| Serial Number | Name of the Police Station and the Crimme No. of the offence | Name 1[and Rank] | Father’s name | Occupation | Residence | Age | Occurrence | Complaint | Apprehension | Release on bail | Commitment |
The Judgment shall be written in paragraphs and each paragraph shall be numbered in seriatim.]
(1) In the preface of judgments, the name of the person who conducted the prosecution and the name of the person, if any, defending the accused shall also be noted.
(2)The name of the Police Station concerned and the Crime Number of the offence shall also be noted in the preface of the judgment.
There shall be appended to every judgment a list of witnesses examined by the prosecution and for the defence and by the court and also a list of exhibits and material objects 1[in tabular statement as in Appendix I Judicial Form No.62]
1[In case of conviction, the judgment shall separately indicate the offenceinvolved and the sentence awarded.]When an accused person is convicted of two or more offences and when award of separate sentences for such offences is not forbidden by law, the court shall award a sentence for every offence for which a conviction has been recorded.
In case thereare multiple accused, each of them shall be dealt with separately. In case of acquittal and if the accused is in confinement, a direction shall be given to set the accused at liberty, unless the accused is in custody in any other case.]
When an accused person is convicted under a Section of the Indian Penal Code or any other law which contains two or more sub-sections with different punishments prescribed for the various offences dealt with therein, the judgment shall state under which sub-section the accused is charged and convicted.
In every Sessions trial in which a sentence of exceptional severity or unusual leniency is passed or in which punishments of varying degrees 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.
In all cases of theft and other offences against property the approximate value of the property involved, shall be specified in the judgment to enable the court of appeal or revision to form an opinion as to the adequacy or otherwise of the sentence passed.
When enhanced punishment is awarded on account of previous convictions, it shall be stated in the judgment that the previous conviction was charged and proved or confessed.
When a criminal appeal or revision case is remanded, re-admitted or transferred from one court to another, the date for the purpose of calculating its period of pendency shall be the date of original institution.
Except in cases of acquittals, particulars of previous convictions and sentences when relevant shall be stated at the end of the judgments of courts of first instance, in all cases where these rules require a judgment to be submitted to a superior court. 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 entered in the column of remarks.
Any Magistrate sentencing an accused person to fine with imprisonment in default of payment, shall allow him reasonable time for the payment of the fine. The calendars in such cases shall contain information in the column for remarks as to the payment of the fine and the orders passed to facilitate such payment.
The appeal judgment shall contain the particulars in a tabular statement in Judicial Form No. 51.
When an appeal is rejected under Section 384 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 had heard the appellant or his pleader, 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 pleader.
Sessions Judges shall with the least practicable delay transmit to the High Court copies of the appellate judgment passed by them. Additional Sessions Judges shall send copies of such judgment to the High Court through the Sessions Judge. The copies of the judgment shall be accompanied by the copies of the judgment and calendar of the trial court.
(1) Courts of Sessions shall, transmit to the High Court printed copies of all their judgments in original trials, as far as possible, within two weeks from the date of pronouncing judgements in each case.
(2)Additional and Assistant Sessions Judges shall transmit such copies through the Sessions Judge.
(3)The Sessions Judge, shall, while forwarding the judgments of an Assistant Sessions Judge, state whether an appeal has been preferred before his court from the judgment.
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 Session, and explanation of the cause of delay (in whatever court it may have occurred) shall be furnished, while transmitting the copy of the judgment.
(1) All Magistrates shall submit to the Chief Judicial Magistrate a calendar statement in each case tried by them in Judicial Form No. 48 except in the following cases, namely;-
(i)Cases dealt with under Sections 204(4), 249, 252 and 256 of the Code;
(ii)Cases relating to offences falling within Sections 277, 278, 279, 285, 286, 289, 290, 323, 334, 336, 341 and 352 of the Indian Penal Code;
(iii)Cases relating to offences against the Panchayat and Municipal Acts and the conservancy clauses of the Police Act punishable with fine or with imprisonment not exceeding one month;
(iv)Cases relating to offences under the Central Excise and Salt Act;
(v)Cases relating to offences under the Hackney Carriage Act;
(vi)Cases relating to offences under the Abkari Act;
1[(vii) x x x x]
(viii)Cases relating to offences under the Cattle Trespass Act;
(ix)Cases relating to offences under the Traffic Rules;
(1) The Chief Judicial Magistrate shall forward to the Sessions Judge the judgments and orders received from Judicial Magistrates of the first class under Rule 148 with the least possible delay with his remarks, if any.
(2)The judgments and orders received from Second Class Magistrates under Rule 148 shall be forwarded by Chief Judicial Magistrate with his remarks to the Sessions Judge only if, on scrutiny, he finds anything irregular or illegal in such judgment or order.
Every calendar statement under Rule 148 and extract from the register of Committal Proceedings shall be submitted to the Chief Judicial Magistrate within three days from the close of the proceedings.
(1) All Judicial Magistrates shall submit to the Chief Judicial Magistrate a monthly statement in Judicial Form No.49 in respect of all cases exempted under Rule 148.
(2)The monthly statement shall be submitted not later than 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 shall be furnished in column 13 of the Judicial Form No.49.
(1) Every Judicial Magistrate shall submit to the Chief Judicial Magistrate during the first week of every month a statement in Administrative Form No.45 showing the cases pending on his file at the close of the previous month.
(2) The Chief Judicial Magistrate shall scrutinise the statement referred to in sub-rule (1) and issue such directions as may be deemed fit.
The Chief Judicial Magistrate and Additional Chief Judicial Magistrate shall submit to the Court of Session (the Additional Chief Judicial Magistrate through the Chief Judicial Magistrate) copies of all judgments and of all orders of discharge made otherwise than under Section 249 of the Code within five days from the date of pronouncement by them of the judgement or order. Judgements and orders submitted under this Rule shall be accompanied by a statement in the tabular form prescribed in Rule 132.
When a Sessions Judge finds it necessary to comment specially on any action of a Judicial Magistrate in connection with a case coming before his court, he may make a report on the subject to the High Court without waiting for the despatch of the monthly calendars.
(1) Where in a judgement or order, a Sessions Judge or a Chief Judicial Magistrate comments adversely on the character or conduct of any Government servant and if the matter is considered a serious enough to call for departmental enquiry or action, the copy of the judgment or order shall be forwarded to the Head of the Department or the immediate superior of the Government servant concerned through the High Court.
(2)When a Magistrate subordinate to the Chief Judicial Magistrate considers, in a case disposed of by him, that such action is necessary, he shall submit a separate copy of the judgment or order to the Chief Judicial Magistrate, and if the Chief Judicial Magistrate, is of opinion that the matter is serious enough to call for departmental action or enquiry, he shall forward a copy of the judgment or order to the Head of the Department or immediate superior of the Government servant concerned through the High Court.
In all cases where the opinion of any of the following authorities has been received in evidence, a copy of the judgment shall be forwarded to him.
(1)The Chemical Examiner to the Government of Kerala.
(2)The Director of State Forensic Science Laboratory.
(3)The Serologist and the Chemical Examiner to the Government of India, Calcutta.
The Court shall forward to the Home Secretary to the State Government through the High Court a copy of judgment or order in all cases relating to offences under the Protection of Civil Rights Act, 1955 (Central Act 22 of 1955).
The court shall forward to the Principal of the concerned Medical College a copy of its judgment or final order in cases in which the evidence of any member of the staff of such college has been taken.
The court shall forward to the Bar Council of Kerala, Cochin through the High Court, a copy of the judgment in cases where an advocate is convicted for a criminal offence or where the conduct of an advocate is adversely commented upon.
An extra carbon copy of the judgment or order shall also be placed with the records along with the fair judgment or order.
The court shall supply a copy of its judgment or order free of cost to the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, on his written request.
(1) Where a person is sentenced to a term of imprisonment, a warrant of commitment shall be written up immediately after conviction. In case it is not issued immediately the reasons therefor shall be noted in the case file.
(2)Every warrant of commitment on a sentence of imprisonment or fine shall be sealed with the seal of the court.
The period during which the accused has been in custody pending investigation, enquiry and/or trial shall be shown in every warrant of commitment.
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.
In cases in which the Central Government or the State Government suspends, remits or commutes a sentence under Sections 432, 433 or 434 of the Code, and, in cases in which the President or the Governor grants under Article 72 or Article 161, as the case may be, of the Constitution, pardon, reprieve or remission, no fresh or revised warrant need be issued.
(1) Whenever possible, a court which convicts an accused person shall decide whether he is to be classified as a "habitual" or "casual" convict and make a note of the decision on the warrant of commitment for information of the jail authorities.
(2)The following persons are liable to be classified as habitual criminals:-
(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 case on hand show that he is by habit a robber, a 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 XVI of the Indian Penal Code whose conviction or convictions taken in conjunction with the facts of the case on hand show that he habitually commits offences against person.
When an accused person is sentenced to imprisonment as well as 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.
When fine is paid or recovered in whole or in part after the issue of warrant of commitment, the court shall intimate that fact to the jail authorities. Such intimation shall bear the seal of the court and shall be acknowledged by the jail authorities and the acknowledgement shall be filed by the court for future reference. On receipt of the intimation from court, the jail authorities shall endorse the information on the warrant. Such intimation, if sent by post, shall be by registered post with acknowledgement due.
Warrants of commitment which are returned to courts after the execution of sentences shall be filed with the records of the respective cases and dealt with under the Rules for the destruction of records.
(1) When an order has been passed under Section 356 of the Code that a convict shall notify his residence and 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 sub-section (1) of Section 418 of the Code in respect of such convict.
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 or the street therein.
After release and on arrival at his residence, he shall within 24 hours notify at the nearest Police Station that he has taken up residence accordingly.
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 village or the town and the street in which he intends to reside, and, on arrival at such residence, he shall within 24 hours notify at the nearest Police Station that he has taken up his residence accordingly.
The officer recording an intimation under Rule 171 or 173 shall, fix 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 place within the period so fixed 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.
Whenever a released convict intends to be absent from his residence between sunset and sunrise he shall inform 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.
Every information 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 information required shall be given by a letter duly signed by him.
Whenever a released convict gives any information required by the foregoing Rules, he shall be furnished with a certificate to the effect that he has given such information by the officer to whom he gives it.
A copy of the order specified in Rule 170 shall be served on the convict before his release from jail. A copy of these Rules shall also 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 the Indian Penal Code.
If a convict in respect of whom an order has been passed under Section 356 of the Code, has been released from jail without a copy of the said order having been served upon him and the other 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 Rules 171 and 173 shall be complied with.
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, the place where he sleeps shall be treated as his residence even if he remains there only one night.
(1) Gold and silver and articles made thereof produced in court shall be got tested by a goldsmith and a certificate obtained from him showing their weight and genuineness shall be kept along with the articles.
(2)A reasonable remuneration may be paid to the goldsmith at the discretion of the presiding officer of the court.
The court shall treat as valuables only articles like gold, silver, coins, currency notes, 1[and such other articles of special value, which in the opinion of the Court] can be easily converted into money. Articles which cannot be sealed and kept in iron safes or chests in the Treasury owing to their size need not be treated as valuables, though they may otherwise be valuable.
Entry relating to valuables shall be made in red ink in the property register.
(1) The entries in the property register (Administrative Form No.23) shall be made by the person who is in charge of the articles.
(2)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 shall be in the following form, namely:-
(i)Property Register No. and Year:
(ii)Case No.:
(iii)Name of person from whom received:
(iv)Address:
(3)The properties shall be entered in the register in the order in which they are received, assigning a separate number to each item. The register shall be renewed every year and the undisposed of items in the previous year shall be carried forward under the same number. Whenever the register is renewed, a certificate should be entered after the last entry in the old register and also in the opening page of
(1) When counterfeit coins have to be disposed of by a criminal court under Sections 452, 457 or 458 of the Code, they shall be forwarded 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. A concise and accurate report shall also be sent containing a description of the case and the sentence imposed.
(2)In cases involving forgery of currency notes, the disposal of implements such as moulds, dies etc. produced and confiscated by a court of law is a matter for 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 themselves shall arrange for their destruction and not send them to the currency offices or mint for destruction:
Provided that, if the police consider that any particular implements are of special interest and should be preserved, they shall make them over to the Cr
In all appealable cases, the disposal of the counterfeit coins, forged currency notes and implements such as moulds and dies in accordance with the previous rule, shall be deferred till the period of time allowed for preferring an appeal expires, and in the event of an appeal, until it is disposed of.
In the case of excisable goods held in 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 that the purchaser in auction or otherwise is licensed to deal in such goods.
When the value of any confiscated article to be sold by auction is estimated to exceed Rs.1000 the court may advertise the sale in newspapers or by such other method as it deems fit. The expenses of advertisement shall be paid out of the sale proceeds.
(1) Livestock seized as material objects shall ordinarily be entrusted to the custody of the person from whom they were seized or of the person at whose instance they were seized or of any other person whom the court considers suitable and competent, provided that the person to whose custody the livestock is entrusted undertakes to feed and maintain them at his expense and enters into a bond with one or more sureties for their production whenever called upon to do so and for their safe custody and maintenance.
(2)The Court may, if it thinks fit, instead of proceeding under sub-rule (1) order the police officers in cases charged by them or officers of that court to take possession of such livestock and maintain the same at reasonable charges.
(3)Courts shall take particular care to see that such cases are disposed of as expeditiously as possible.
(1) A warrant for the levy of a fine by attachment and sale under clause (a) of sub-section (1) of Section 421 of the Code shall be directed to a Police Officer and shall be in Form No.43 of Schedule II to the Code.
(2)The authority issuing the warrant shall specify a time limit for the sale of the attached property and for the return of the warrant.
(3)The following articles shall not be liable to attachment or sale, namely:-
the necessary wearing apparel, cooking vessels, beds and bedding of the offender or his wife and children and such personal ornaments, as in accordance with the custom or religious usage, cannot be parted with by a woman.
(4)The attachment of the 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 of the methods referred to in clauses (b) and (c) of sub-section (3) of Section 83 of the Code shall be
The account of fine imposed, levied and refunded shall be kept in Administrative Form No.20.
Every fine as soon as it is imposed shall be recorded in the register and the entry shall at once be initialled by the Judge or Magistrate in the appropriate column.
Payments towards fine shall be received by the clerk authorised for the purpose in the presence of the Judge or Magistrate. Acquittance receipts in Administrative Form No. 42 signed by the Judge or Magistrate himself shall be granted and, who, when signing them shall initial the record of payment in the appropriate column of the fine register.
All fines received by courts shall be remitted into the treasury without delay. When there is a treasury at the same station, remittance shall ordinarily be made on the same day or at least on the next working day. In other cases arrangements shall be made for remittance within three days.
All fines recovered by courts shall immediately be credited to Government. Any payment out of the fine so realised required to be made by any order of court or under any law for the time being in force, shall be made in accordance with the rules or instruction issued in that behalf.
(1) On the last day of each month, every Magistrate shall transmit to the Chief Judicial Magistrate statements in Administrative Form No.32 showing the amount of fines imposed, realised and written off for the treasury month.
(2)The Chief Judicial Magistrate shall review the monthly progress made in the collection of fines.
(3)Subordinate Judges and Munsiffs imposing any sentence of fine under Section 345 of the Code or other provision of law shall, on the last day of each month, transmit similar statement to the District and Sessions Judge.
(1) Cases in which sanction to write off irrecoverable fines is required shall be entered in Administrative Form No.33 to be printed on the back of Form No.32.
(2)When any fine remains uncollected for three months, details thereof shall be given below the statement of fines (Administrative Form No.32) with an explanation why it remains uncollected and why it is not proposed to treat it as irrecoverable.
The monthly fine statement shall be submitted to the Chief Judicial Magistrate or the District Judge through the treasury officer who shall verify the amounts as having been remitted to treasury and, if the entries relating to remittances agree with his accounts, sign a certificate to that effect.
For the purposes of the statement prescribed in this Chapter, a court realising a fine imposed by another court shall treat it as if it had been imposed by itself, sending notice of recovery to the court which imposed the fine.
(1) The court by which a fine or any portion of a fine has been awarded as compensation under Section 357 of the Code, shall, on the application of the person to whom such compensation has been awarded, issue an order for payment of the amount awarded to the treasury to which such amount has been remitted together with a certificate to the effect that either (i) 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 (ii) where the order as to compensation 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 of compensation.
(2)If the fine is imposed in a case which is subject to appeal, the order for
In cases in which the court awarding the compensation may be unable to certify whether an appeal has been actually preferred, the party desirous of obtaining the 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 awarded under Sections 250 and 358 of the Code, and compensation and all other sums recoverable like fines under any other provision of law and not creditable to the State as fine shall be dealt with in the manner provided in the foregoing Rules for compensation awarded under Section 357 of the Code, 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 the refund of the amount.
(1) Compensation awarded under Sections 250, 357 or 358 of the Code and compensation and all other sums recoverable like fines which cannot be entered in columns 4 and 5 of the fine register (Administrative Form No.20) shall be entered in column 7 thereof and the collection of such amount shall be entered in column 15.
(2)The amounts mentioned in sub-rule (1) shall be retained in deposit in the treasury subject to the order of the court awarding compensation or of the court of appeal or revision.
(3)The amount retained in deposit under sub-rule (2) shall be paid to the party entitled to the compensation or other sum, on such party producing before the Treasury Officer an order for a payment issued under Rule 200.
Where an order for payment of compensation under Sections 250 and 358 of the Code, or other sums recoverable as fines is reversed or modified in appeal or revision, the payment order on the treasury shall be given to the party or parties entitled to the refund.
Applications for refund of lapsed deposits shall be made to the courts which remitted the amount.
(1) Subject to the Rules hereinafter contained, the allowances to complainants and witnesses (whether for the prosecution or for the defence) shall be paid by the court in the following classes of cases, namely:-
(a)Cases shown in the First Schedule of the Code as non-bailable;
(b)Cases in which prosecution is instituted or carried on under the orders or with the sanction of the Government or of any public servant acting as such;
(c)Cases in which the witness has been compelled to attend by a process issued under Section 311 of the Code;
(d)Cases in which the court certifies that the attendance of such witness was in furtherance of the interests of public justice.
In cases other than those coming under the preceding Rule the complainant or the accused, as the case may be, shall deposit in court the allowances for the witnesses cited by him. The party citing the witness shall subject to the approval of the court, fix the class in which the witness is to be placed with due regard to his station in life.
If a person taking part in an identification parade held by a Magistrate appears before him in response to a summons issued by him or at his direction or order, he shall be paid allowances at the rates specified in these Rules:
Provided that a Magistrate may for reasons to be recorded in writing disallow such allowances.
The court may make reasonable advance payment of allowances to witnesses summoned to give evidence or produce documents.
(1) For the purpose of these Rules, witnesses shall be divided into two classes, official and non-official.
(2)Official witnesses, i.e., public servants to whom the State Service Rules are applicable, summoned to give evidence in their official capacity shall be entitled to travelling allowance at the rates prescribed by the Service Rules applicable to them for their journey to and from court and for the day spent by them in attendance at the court to give evidence in cases coming under Rule 206 or 207. The court however shall not make any payment to an official witness in such cases but shall grant him a certificate that he appeared for giving evidence in his official capacity. Such certificate shall also state the date on which the witness appeared and the duration of the period for which he has detained, so as to enable him to draw travelling allowance and batta under the Service Rules.
(3)In cases in which a public servant has to give evidence before a court whic
For purposes of this Chapter, non-official witnesses shall be classified as belonging to either of the classes specified in Rule 212. The court before which they are required to appear shall fix the class with due regard to the station in life of each individual.
The following are the maximum rates of allowances which may be sanctioned to the different classes of witnesses and subject to the other rules in this chapter, no expenses in excess of or other than those prescribed herein shall be allowed.
| TRAVELLING ALLOWANCE | |||||||
| | |||||||
| Class of witness | By rail | By public motor service | By road | Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport) | The Hon'ble Supreme Court in its order dated 28/04/2022 in M.A. No. 505/2022 in Suo Motu Writ (Criminal) No.01/2017, observed that the rules regarding the bail conditions should be read as mandating the furnishing of the bail order to the prison concerned on the date of pronouncement of the order itself and also opined that the bail order should be furnished by the prison authorities to the accused. The notification is intended to achieve the above object. | ||
APPENDIX I | ||||
JUDICIAL FORMS | ||||
form No. 1 | ||||
Order requiring parties to put in written statements of their claims | ||||
(Section 145(1), Criminal Procedure Code) | ||||
In the Court of the.......................................................Magistrate of....................... Miscellaneous Case S.FORM No. 2
| ||||
Court of the .............................
Case No:
Marked as:
Marked through:
(whether subject to proof)
Date:
Judge/Magistrate]
1.Inserted by G.O.(Rt)No.1407/2022/HOME, dt. 19/05/2022.
FORM No. 47
Court's certificate to be given to Government or Local Fund Servants who attend Court as witnesses
In the court of................
Certified that..........................Name..............Designation...........appeared before
me as a* witness on behalf of..............in a Criminal Case for............days from......
to...........in his............capacity to depose to facts within his...............knowledge and
FORM No. 48
Calendar and Judgment
................... District of................ Calender of cases tried by the............ Magistrate
Date of | ||||||||||||
Offence | Report of Complaint Apprehension of accused | Release on bail | ||||||||||
FORM No. 49
Monthly statement to be submitted by the Magistrate to the Chief Judicial Magistrate
(See Rule 151)
2. Nature of Offence (with section of law) ...
3. Name and address of the accused
FORM No. 50
In the Court of the...............................................
Judgement in Calendar Case No......................... of 19............... on the file of..............the..............................Magistrate of............................complainant.....................................Accused.............................................Offence.............................................
Finding..............................................
Sentence...........................................
1[FORM No. 51 In the Court of the...................................................... The.....................day of.....................20......... Present (Judgment in Criminal Appeal No.................................of 20...............) From which Court the appeal is preferred............................................ N S.FORM NO.52FORM No. 52 Appointment of a Receiver In the Court of the.................Magistrate of................................ (S. 146(2), Criminal Procedure Code) To Whereas.................has been attached...............you are hereby (subject to your giving security to the satisfaction of the Court) appointed receiver of the said property under sub-section (2) of Section 146 of the Code of Criminal Procedure, 1973. FORM No. 53 Bond for return of property (Section 452, Criminal Procedure Code) In the Court of the Sessions Judge/Magistrate...........................of Calendar/Case No.......................19............ .......................................Complainant.................................versus............................ Accused Whereas................................has received the property S.FORM NO.54FORM No. 54 Order of acquittal of accused on compounding offences out of Court under S.320 (8), Criminal Procedure Code Case No..............of 19.................Proceedings of the..............................Magistrate...............................Present................................................District....................................... The...........day of...........19........Complainant.........Accused...........Offence........... order The offence havin S.FORM NO.55FORM No. 55 Summons under Section 36 of the indian Registration Act, 1908 In the Court of the.......................Magistrate of....................To,Whereas the Sub Registrar of.....................requires your presence for the purposeof registering a document under the Indian Registration Act, 1908, you are hereby ordered to appear before the said Sub Registrar at 11 a.m. on the................day of.................................................... Herein fail not (Seal) FORM No. 56 Form of Police Charge District...................Charge Sheet No................. Dated..................19............ Police Station..................First information No...................dated..............19........ Number of charge: Number and date of first information: Name of complainant or informant: S.FORM NO.57FORM No. 57 Vakkalath In the Court of............... C.C. M.C. C.P. No.................of 19...... Appeal S.T. (Cause title) I/We................do hereby appoint and retain Shri...............Advocate, to appear FORM No. 58 Affidavit or Solemn Affirmation (Cause-title) 1. I,A.B., son of C.D. and of....................years of age (here state occupation) residing at..................do solemnly and sincerely affirm/ make oath and say as follows. 1. 2. 3. “What is stated above in paragraphs.............is true to my knowledge and what< S.FORM NO.59FORM No. 59 Certificate to be Endorsed on an Exhibit to an Affidavit (Short cause-title) This is the exhibit marked "P" referred to in the affidavit of A.B. sworn (or affirmed) before me this..................day of................... (Signed) Designation. S.FORM NO.60FORM No. 60 Certificate when deponent is unacquainted with the language of the affidavit or is blind or illiterate Solemnly affirmed or sworn at the office of the....................this..................day of ...................before me, the contents of this affidavit and the exhibits therein referred to having been first truly and audibly read over to the deponent in Malayalam, he being unacquainted with English/being blind and he appeared perfectly to understand the same, and made his mark thereto/signed the same in my presence. FORM No. 61 Proceedings Paper (See Rule 73) In the Court of Calendar / Miscellaneous / Sessions Case No............of Accused ................... Note below in the handwriting of the The entries in this column are to be made Judge or Magistrate the Proceedings of by the concerned clerks the case from the first hearing till disposal
| |||||||||||
1[FORM 62 | |||||||||||
List of Prosecution/Defence /Court Witnesses | |||||||||||
(Rule 134 Criminal Rules of Practice, Kerala) | |||||||||||
| A. Prosecution Witness | |||||||||||
Rank | Name | Whether Eye witness, Police witness, Expert witness, Medical witness, Other witness | |||||||||
| PW1 | |||||||||||
| PW2 | |||||||||||
B. Defence Witness
Administrative Forms
(Criminal Registers and Statements)
Form No. and description
1. Register of occurrences report
2. Register of applications for remand
3. Register of referred charges
4. Register of calendar and committal proceeding cases
5. &n
FORM No. 1 Register of Occurrences Reported to the............................Magistrate at.....................during the year 19........................ | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Serial No. in the register | Number in the police register and the name of the police station | Date of occurrence | Date ofccurrence report | Date of receipt of report by the Magistrate S.FORM NO.2
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