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HIGH COURT OF CH}IATTISGARH, BILASPUR
Bilaspur, the2lst December 2021
MEMO
No. 12961lRulesl202l._ With reference to the subject cited above, it is to inform you that High Court of Chhattisgarh has been pleased to recommend the following amendments in the Rules & Order (Criminal) :-
AMENDMENTS
1. In the Rule 72Q), alter thewords and parenthesis "witness in order to contradict him" and before the word "and" the following shall be inserted :-
"where the relevant portion is not extracted, the portions only shall be distinctly marked as prosecution or defence exhibit as the case may be, so that other inadmissible portions of the evidence are not part of the record. In cases where the relevant portion is not extracted, the admissible portion shall be distinctly marked as prosecution or defence exhibit as the case may be."
2, After the RuleT2Q),the following shall be added :-
*(3) The aforesaid rule applicable to recording of the statements under section 16l shall mutatis mutandis apply to statements recorded under section 164 of the Cr.P.C., wherever such ' portions of prior statements of living persons are used for contradiction/corroboration.
(4) Omnibus marking of the entire statement under section l6l and 164 Cr.P.C. shall not be done." 3. After Rule 1170 the following shall be inserted :-
"Rule I I 7A :- SUPPLY OF DOCUMENTS UNDER SECTIONS 1 73, 207 AND 208 CR.PC :-
EveryAccused shall be supplied with statements of witness recorded under Section 161 and 164 CI.PC andwith list ofdocuments,materialobjects and exhibits alongwithcopiesofall Panchnamas prepared during investigation and relied upon by the Investigating Offrcer (I.O.) in accgrdance with Section 207 and208, Cr.PC.
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Explanation: The list of statements, documents, material objects and exhibits shall specify statements, documents, material objects and exhibits that are not relied upon by the Investigating Officer."
4. In the Rule 180, after the words and parenthesis "Magistrate with his own hand and in his mother tongue," and before the word "unless" the following shall be inserted :-
"in typed format, or shall be prepared on computers, in the court on the dictation of the Presiding Officer,"
5. After Rule 182, the following shall be inserted :-
"Rule L82A: Prosecution witnesses shall be numbered as pw-1, pw-2 etc, in seriatim. Similarly, defence witnesses shall be numbered as DW-1, DW-2, in seriatim. The Court witrtesses shall be numbered as CW-1, CW-2, in seriatim, 6. In the RuIe 458, after the words and parenthesis "Exhibit D-z;' the following shall be inserted :-
"the courr exhibit shall be marked as Exhibit c-r-, Exhibit c-2,,,
7. In the Rule 253, after the words and parenthesis "charged and convicted.,,, the following shall be added :-
"In case of acquittal and if the accused is in confinement, a direction shajl be given to set the accused at tiberty, unless such accused is in custody in any other case.', 8. After Rule 375, the following shall be inserted :-
accused before hearing on the bail application."
"Rule 239A :- Every iudgmenr shall contain the following : _
i. Start with a preface showing the names of parties as per FORM D to the Rules.
ii. A tabular statement as per FORM-E to the Rules. iii' The Judgement in original decision shall, apart from the particulars prescribed b Section 354 of the code also contain an index in tabular Form as per FORM-F to the Rules.
, ffio31.:rirct2022 e6 (1) 10. After FORM-C the fotlowing shall be added :-
FORM. D
| Judge Presiding Officer....... |
| [Date of the judgement] lCase No. ......................1 (Details of FIR/Crime and Police Station) |
| sTArE OF................... Complainant OR NAME OF THE COMPLAINANT |
| REPRESENTED BY NAME OF THE ADVOCATE |
| ACCUSED 1. NAME WrTH ALL PARTTCULARS(AI) 2. NAME WrrH ALL PARTTCULARS(A2) |
| REPRESENTED BY NAME OF THE ADVOCATES |
FORM. E
| Date of offence |
| Date of FIR |
| Date of Charge sheet |
Date of commencement of Evidence
Date on which judgement is reserved
Date of the judgement
Date of the Sentencing Order, if any
Accused Details:
| Rank of the Accused | Name of the accused | Date of arrest | Date of release on bail | Offence charged with | Whether acquitted or convicted | Sentence imposed | Period of detention undergone during trial for purpose of section 428 Cr.P.C. |
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Ipdex
| S"No. Description Page No. | |
| L Heading of Judgment | |
| 2 Appearance of Advocates | |
| 3 Charge | |
| 4 Admitted Facts | |
| 5 Prosecution Story | |
| 6 7 I | |
| Reasons and findings | |
| Sentence I | |
| 10 Period of Detention & SecOff | |
| 11 Disposal of Property | |
| L2 Order of Compensation | |
| 13 Certificate under section 428 CIPC | |
| 1,4 Warrant of Commitnent on a sentence (Imprisonment or Fine) | |
| 15 Copy of Judgment | |
It is,'therefore, requested to get the above amendments notified in the Official Gazette of Government of Chhattisgarh after due and appropriate approval. A copy of the Gazette be made available to this Registry.
sd/-
(SanjayKumarJaiswal)
Regisn:ar General.
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