Evening Courts (Kerala) Rules, 2011

In exercise of the powers conferred by Article 227, of the Constitution of India and with the previous approval of the Governor of Kerala conveyed in G. O. (Ms.) No. 125/2011/Home dated 16/06/2011 the High Court of Kerala hereby makes the following rules for the constitution and regulation of functioning of the evening Courts in the State.

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S.1 Short title and commencement

(1) These rules may be called the Evening Courts (Kerala) Rules, 2011.

(2) They shall come into force on such date as the High Court may appoint by notification, in the Official Gazette.

S.2 Definitions

In these rules, unless the context otherwise requires;

(1) 'Evening Court' means a Court established under Section 11(1) of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) as Evening Court;

(2) 'Magistrate' means a Judicial Officer in the rank of Munsiff-Magistrate appointed by the High Court to preside over the Evening Court;

(3) 'honorarium' means honorarium as defined in sub-rule (15) of 12 of Part I Kerala Service Rules payable to the Magistrate and staff of the Court under Rule 7 of these Rules;

(4) 'High Court' means the High Court of Kerala;

(5) 'Government' means the Government of Kerala.

S.3 Functions of Evening Courts

The Government may in consultation with the High Court Establish such number of Courts in the State to function as Evening Courts for the speedy trial and disposal of cases involving offences that can be tried summarily under Section 260 of the Code of Criminal Procedure and such other classes of cases as may be specified by the High Court from time to time.

S.4 Appointment of Presiding Officers

(1) The evening Court shall be presided over by a Magistrate working in the Cadre of Munsiff-Magistrates in the Kerala Judicial Service appointed by the High Court in that behalf.

(2) The assignment of Evening Court duty among the Munsiff, Magistrate or Munsiff-Magistrate in a station appointed under sub-rule (1) shall be on rotation basis and the term of each such assignment shall normally be for a period of one calendar month.

(3) The Chief Judicial Magistrate of the District shall be the authority to assign such rotation to the Magistrates appointed under sub-rule (1). If the assignee is working as a Munsiff or Munsiff-Magistrate, the Chief Judicial Magistrate shall consult the District Judge before such assignment.

(4) The discharge of duties of a Magistrate assigned under sub-rule (2) shall be in addition to his normal duties as Munsiff, Magistrate or Munsiff-Magistrate as the case may be and he shall be entitled to such honorarium as provided in Rule 7.

S.5 Working Hours

Notwithstanding anything contained Rule 4 of the Criminal Rules of Practice, Kerala, 1982, the working hours of the Evening Courts shall be from 6.00 p.m. to 8.00 p.m. on all working days or such other hours as may be notified by the High Court from time to time.

S.6 Staff of the Court

(1) The District Judge shall deploy one Clerk and one Peon from among the staff of the Civil Courts in the station and the Chief Judicial Magistrate shall deploy one clerk and one peon from among the staff of Magisterial Courts in the station to attend to the work of the Evening Courts.

(2) The deployment of staff under sub-rule (1) shall be on rotation basis and the term of each such deployment shall normally before a period of one calendar month.

(3) The discharge of duties by the staff deployed under sub-rule (2) shall be in addition to their normal duties as clerk or peon as the case may be, in the Court in which they are originally posted and they shall be entitled to such honorarium as provided in Rule 7.

S.7 Honorarium

(1) The Magistrate discharging duties under sub-rule (2) of Rule 4 shall be entitled to receive honorarium at the rate of 25% of his basic pay for the actual period of duty.

(2) Each member of the staff discharging duties under sub-rule (2) of Rule 6 shall be entitled to receive honorarium at the rate of 25% of his basic pay for the actual period of duty.

S.8 Cases to try

(1) The Evening Court shall be competent to try all cases coming under Rule 3 made over to them by the Chief Judicial Magistrate. For the trial of such cases and compelling the appearance of the accused, the evening Court shall have all the powers vested in a Court of the Judicial Magistrate of First Class.

(2) If the accused produced before the Magistrate pleads guilty, the Magistrate shall proceed with the case and dispose of the case. If he pleads not guilty, it shall be open to the Magistrate to try the case himself or to transfer the same for trial before any other Magistrate having jurisdiction.

(3) The Magistrate may subject to the provisions contained in Rule 424 of the Criminal Procedure Code, 1973 grant time for payment of a fine imposed by him.