THE

JHARKHAND GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

23 BAISHAKH, 1944 (S)

RANCHI, FRIDAY, 13^th MAY, 2022

HIGH COURT OF JHARKHAND, RANCHI

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NOTIFICATION

13^th May, 2022

No.

No.07/2022/R&S

07/2022/R&S

07/2022/R&S--------In exercise of the powers conferred by Article 227(2) (b) of the

Constitution of India as well as in light of the order dated 20.04.2021 of Hon’ble the Supreme

Court of India in the matter of Suo Motto Writ (Criminal) 01 of 2017, the High Court of

Jharkhand, Ranchi is pleased to make the following amendments in the “Criminal Court Rules

of the High Court of Jharkhand” :-

The following Rules be added to the existing rules as rule 18 A, 18B, 18C, 18D, 27A, 45A,

45B, 45C, 53A, 53B, 53C, 53D, 53E, 53F and 103A:-

Rule 18A

Rule 18A- Every Accused shall be supplied with statements of witness recorded under

Sections 161 and 164 Cr. PC. and a list of documents, material objects and exhibits seized

during investigation and relied upon by the Investigating Officer (I.O.) in accordance with

Sections 207 and 208 Cr. PC. before commencement of trial.

No. 225

Jharkhand Gazette (Extraordinary), Friday, 13^thMay, 2022

Rule 18B:

Rule 18B: The charge shall be framed by the Presiding Officer after complete and total

application of mind and the same shall be accompanied by a formal charge in Form 32,

Schedule II, Cr. P.C.

Rule 18C

Rule 18C: (i) The application for bail in non-bailable cases must ordinarily be disposed

of within a period of 3 to 7 days from the date of first hearing. If the application is not disposed

of within such period, the Presiding Officer shall furnish reasons thereof in the order itself.

Copy of the order and the reply to the bail application or status report (by the police or

prosecution) if any, shall be furnished to the accused or to the counsel of the accused on the

date of pronouncement of the order itself if either the accused or the counsel is present in the

Court.

(ii) The Presiding Officer may, in an appropriate case in its discretion insist on a

statement to be filed by the prosecutor in charge of the case.

Rule 18D:

Rule 18D: (i) In every enquiry or trial, the proceedings shall be held as expeditiously as

possible, and, in particular, 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 (section 309 (1) Cr.PC.). For this purpose, at the commencement,

and immediately after framing charge, the court shall hold a scheduling hearing, 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. The court then

shall draw up a schedule indicating the consecutive dates, when witness would be examined;

it is open to schedule recording of a set of witness’ depositions on one date, and on the next

date, other sets, and so on. The court shall also, before commencement of trial, ascertain if

the parties wish to carry out admission of any document under section 294, and permit them

to do so, after which such consecutive dates for trial shall be fixed.

(ii) After the commencement of the trial, if the court finds it necessary or advisable to

postpone the commencement of , or adjourn, any inquiry or trial, it may, from time to time, for

reasons to be recorded postpone or adjourn the same on such term as it thinks fit, for such

time as it considers reasonable. If witnesses are in attendance no adjournment or

postponement shall be granted, without examining them, except for special reasons to be

recorded, in writing (Section 309 (2) Cr. PC).

(iii) 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. A

Sessions case once posted should not be postponed unless that is unavoidable, and once

the trial has begun, it should proceed continuously from day to day till it is completed. If for

Jharkhand Gazette (Extraordinary), Friday, 13^thMay, 2022 3

any reason, a case has to be adjourned or postponed, intimation should be given forthwith to

both sides and immediate steps be taken to stop the witnesses and secure their presence on

the adjourned date.

Rule 27 A:

Rule 27 A: The Presiding Officers shall ensure that only admissible portion of Section 8

or Section 27 of Indian Evidence Act, 1872 is marked and such portion alone is extracted on

a separate sheet and marked and given an exhibit number.

Rule 45 A:

Rule 45 A: (i) The deposition of witnesses shall be recorded, in printed typed format, if

facilities for the same is available with the Court. The recording of evidence shall be prepared

on computers, if available, in the Court on the dictation of the Presiding Officer.

Provided that in case the language of deposition is to be recorded in a language other

than English or the language of the State, the Presiding Officer shall simultaneously translate

the deposition either himself or through a competent translator into English.

(ii) The deposition shall be recorded in the language of the witness and in English when

translated as provided in Clause (i).

(iii) The depositions shall without exception be read over by the Presiding Officer in

Court. Hard copy of the testimony so recorded duly signed to be a true copy by the Presiding

Officer/Bench Clerk shall be made available free of cost against receipt to the accused or an

advocate representing the accused, to the witness and the prosecutor on the date of

recording.

(iv) The Presiding Officers shall not record evidence in more than one case at the same

time.

Rule 45B:

Rule 45B: (i) The deposition of each witness shall be recorded dividing it into separate

paragraphs assigning paragraphs numbers.

(ii) Prosecution witness shall be numbered as PW-1, PW-2, etc. in seriatim. Similarly

defence witnesses shall be numbered as DW-1, DW-2, etc. in seriatim. The Court witness

shall be numbered as CW-1, CW-2, etc. in seriatim.

(iii) The record of depositions shall indicate the date of the chief examination, the cross

examination and re-examination.

(iv) The Presiding Officers shall wherever necessary record the deposition in question

and answer format.

Jharkhand Gazette (Extraordinary), Friday, 13^thMay, 2022

(v) Objections by either the prosecution or the defence counsel shall be taken note of

and reflected in the evidence and decided immediately, in accordance with law, or, at the

discretion of the learned Judge, at the end of the deposition of the witness in question.

(vi) The name and number of the witness shall be clearly stated on any subsequent

date, if the evidence is not concluded on the date on which it begins.

Rule 4

Rule 45C:

5C:

5C: (i) During cross examination, the relevant portion of the statements recorded

under Section 161 Cr.PC used for contradicting the respective witness shall be extracted. If it

is not possible to extract the relevant part as aforesaid, the Presiding Officer, in his discretion,

shall indicate specifically the opening and closing words of such relevant portion, while

recording the deposition, through distinct marking.

(ii) In such cases, 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.

(iii) 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.

(iv) The aforesaid rule applicable to recording of the statements under Section 161

shall mutatis mutandis apply to statements recorded under Section 164 of the Cr.PC,

whenever

such

portions

prior

statements

living

persons

are

used

for

contradiction/corroboration.

(v) Omnibus marking of the entire statement under Section 161 and 164 Cr.PC shall

not be done.

Rule 53 A :

Rule 53 A : Every Judgment shall contain the following-

(i)

Start with a preface showing the names of parties as per Annexure

Annexure

Annexure-I.

(ii)

A tabular statement as per Annexure

Annexure

Annexure-IIIIIIII.

(iii)

An appendix giving the list of prosecution witnesses, defence witnesses, Court

witnesses, Prosecution Exhibits, Defence Exhibits and Court Exhibits and

Material Objects as per Annexure

Annexure

Annexure-III

III

III.

Rule 53 B

Rule 53 B: In compliance with section 354 and 355 Cr. PC, in all cases, the judgments

shall contain-

(i)

The point or points for determination,

(iiiiiiii)

The decision thereon, and

(iiiiiiiiiiii)

The reasons for the decision.

Jharkhand Gazette (Extraordinary), Friday, 13^thMay, 2022 5

Rule 53 C:

Rule 53 C: In case of conviction, the judgment shall separately indicate the offence

involved and the sentence awarded. In case there are 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 such accused is custody in any other case.

Rule 53 D:

Rule 53 D: In the Judgment the accused, witnesses, exhibits and material objects shall

be referred to by their nomenclature or number and not only by their names or otherwise.

Wherever, there is a need to refer to the accused or witnesses by their name, the number

shall be indicated within brackets.

Rule 53 E:

Rule 53 E: The Judgment shall be written in paragraphs and each paragraphs shall be

numbered in seriatim. The Presiding Officers, may, in their discretion, organize the judgment

into different sections.

Rule 53 F:

Rule 53 F: - Annexure-I, Annexure-II & Annexure-III

Rule 103 A : (i)

Rule 103 A : (i) After framing of charges, the accused shall be referred to only by their

ranks in the array of accused in the charge such as A-1, A-2, etc. and not by their names or

other references except at the stage of identification by the witness.

(ii) After recording the deposition of witnesses, marking of the exhibits and material

objects, while recording deposition of other witnesses, the witnesses, exhibits and material

objects shall be referred by their numbers and not by names or other references.

(iii) Where witness cited in the complaint or police report are not examined, they shall

be referred to by their names and the numbers allotted to them in the complaint or police

report/ Final form.

Further, Rule 102 & Rule 109 of the Criminal Court Rules of the High Court of

Jharkhand be substituted with the following rules respectively :-

Rule 102: (i)

Rule 102: (i) Prosecution exhibits shall be marked as Exhibit P-1, P-2, etc. in seriatim.

Similarly, defence Exhibits shall be marked as Exhibit D-1, D-2, etc in seriatim. The Court

exhibit shall be marked as Exhibit C-1, C-2, etc in seriatim.

(ii) To easily locate the witness through whom the document was first introduced in

evidence, the exhibit number shall further show the witness number of such witness after the

Exhibit number. If an exhibit is marked without proper proof, the same shall be indicated by

showing in brackets (subject to proof).

Explanation: If Prosecution witness no. 1 (PW1) introduces a document in evidence,

that document shall be marked as Exhibit P-1/PW1. If proper proof is not offered for that

Jharkhand Gazette (Extraordinary), Friday, 13^thMay, 2022 7

Annexure

Annexure-I

In the Court of ……………………………….

Present:…………………....................

[Sessions Judge/Special Judge/ Judicial Magistrate]

(Only the Specific designation in exercise of which the judgment is delivered is only be mentioned and under no circumstances more than one

designation is to be mentioned)

[Date of Judgment]

District: ……………………………..

[Case No. ………………/Year]

(Details of FIR/Crime and Police Station)

Complainant

State of …………………………

Name of t

Name of the Complainant

he Complainant

Represented By

Name of the Advocate

Accused

Name with all Particulars such as age,

father’s Name, Sex, Complete Residential

and Permanent Address (A1)

Name with all Particulars such as age,

father’s Name, Sex, Complete Residential

and Per

and Permanent Address (A2)

manent Address (A2)

Represented BY

Name of the Advocate

Jharkhand Gazette (Extraordinary), Friday, 13^thMay, 2022

Annexure

Annexure-IIIIIIII

Date(s) of Offence

Date of FIR

Date(s) of Chargesheet

Date(s) of Framing Charges

In case charge is framed or altered in more

than one day than specifically it is to be

mentione

mentioned on which date charge is framed

d on which date charge is framed

against which accused

Date of Commencement of evidence

Date on Judgment is reserved

Date of the Judgment

Date of Sentencing Order, if any

Accused Details:

Rank of the

Accused

Name of the

Accused

Date

Arrest

Date(s)

te(s)

Released on

Bail

Offences

charged with

Whether

Acquitted

convicted

Sentence

Imposed

Period

Detention

Udergone

during

Trial

during

Trial

during

Trial

during

Trial

for purpose of

Section 428,

Cr.PC.

Jharkhand Gazette (Extraordinary), Friday, 13^thMay, 2022 9

Annexure

Annexure-III

III

List of Prosecution/Defence/Court Witnesses

A. Pros

Pros

Prosecution

ecution

Rank

Name

Nature of Evidence

(Eye Witness, Police Witness, Expert

Witness,

Medical

Witness,

Panch

Witness,

Medical

Witness,

Panch

Witness,

Medical

Witness,

Panch

Witness,

Medical

Witness,

Panch

Witness, other witness)

PW1

PW2

B. Defence Witness, if any :

Defence Witness, if any :

Rank

Name

Nature of Evidence

(Eye Witness, Police Witness, Expert

Witness,

Medical

Witness,

Medical

Witness,

Medical

Witness,

Medical

Witness,

Panch

itness,

Panch

itness,

Panch

itness,

Panch

Witness, other witness)

DW1

DW2

C. Court Witness, if any:

Court Witness, if any:

Rank

Name

Nature of Evidence

(Eye Witness, Police Witness, Expert

Witness,

Medical

Witness,

Panch

Witness,

Medical

Witness,

Panch

Witness,

Medical

Witness,

Panch

Witness,

Medical

Witness,

Panch

Witness, other witness)

CW1

CW2

Jharkhand Gazette (Extraordinary), Friday, 13^thMay, 2022

List of Prosecution/Defence/Court Exhib

List of Prosecution/Defence/Court Exhibits

its

A. Prosecution:

Prosecution:

Sr. No.

Exhibit Number

Description

Exhibit P

Exhibit P-1/PW1

1/PW1

Exhibit P

Exhibit P-2/PW2

2/PW2

B. Defence:

Defence:

Sr. No.

Exhibit Number

Description

Exhibit D

Exhibit D-1/DW1

1/DW1

Exhibit D

Exhibit D-2/DW2

2/DW2

C. Court Exhibits

Court Exhibits

Sr. No.

Exhibit Number

Description

Exhibit C

Exhibit C-1/CW1

1/CW1

Exh

Exhibit C

ibit C

ibit C-2/CW2

2/CW2

D. Material Objects

Material Objects

Sr. No.

Material Object Number

Description

MO1

MO2

Aforesaid amendments shall take effect from the date of its publication

in the e-Gazette.

By order of the Court,

Mohammad Shakir,

Registrar General

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झारखड राजक य मुणालय

झारखड राजक य मुणालय, राँची वारा काशत एवं मुत

राँची वारा काशत एवं मुत,

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