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THE HIGH COURT OF JUDICATURE AT MADRAS

JUDICIAL NOTIFICATION

Amendments to the Criminal Rules of Practice, 2019

(R.O.C.No. 48768-A/2017/F1)

NOTIFICATION

In exercise of the powers conferred by Article 227 of the

Constitution of India, Section 477 of the Code of Criminal Procedure,

1973 (Central Act 2 of 1974) and of all other powers thereunto enabling,

the High Court of Judicature at Madras, with the previous approval of

the Government of Tamil Nadu and the Government of Union territory

of Puducherry, hereby makes the following Amendments to the Criminal

Rules of Practice 2019, published in the Tamil Nadu Government Gazette,

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No. 11

Poudouchéry

Mercredi

Mars

2022

No.

Puducherry

Wednesday

23rd

March

2022

(2 Chaitra 1944)

LA GAZETTE DE L'ETAT

[PART–II

Part III, Section 2 (Supplement), Issue No. 51-A, dated December 18,

2019, and the Gazette of Puducherry, Part-I, Extraordinary, Issue No. 226,

dated December 18, 2019. The Amendments shall come into force with

effect from the date of publication in the Official Gazette.

AMENDMENTS

In the said Rules,-

(1) in rule 10,-

(i) for sub-rule (2), the following sub-rule shall be

substituted, namely:-

“(2) When the accused volunteers to make a confession,

he may make a request either orally or in writing to the

Magistrate having jurisdiction over the case. The Magistrate

shall forward such request to the Chief Judicial Magistrate

of the District or the Chief Metropolitan Magistrate of the

city, as the case may be, who shall thereafter nominate a

Judicial Magistrate or a Metropolitan Magistrate, as the case

may be, within his jurisdiction, other than the Magistrate

having jurisdiction over the case, for the purpose of recording

the confession of the accused.”;

(ii) for sub-rule (7), the following sub-rule shall be

substituted, namely:-

“(7) The Magistrate shall record the statement of the

accused in camera during Court hours, save for exceptional

reasons to be recorded in writing.”;

(2) in rule 12, after sub-rule (4), the following sub-rules shall

be added, namely:-

“(5) The application for bail in non-bailable cases shall

ordinarily be disposed of without undue delay and within a

period of seven days from the date of the first hearing. If, the

application is not disposed of within such period, the Presiding

Officer shall record reasons therefor in the order itself.

(6) The Presiding Officer may, in an appropriate case, in his

discretion, insist on a response in writing to be filed by the

Prosecutor in charge of the case and a copy of such response

shall be furnished to the accused or his advocate.”;

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(3) in rule 25, in sub-rule (7), after clause (xxx), the following

clause shall be added, namely:-

“(xxxi) List of statements of witnesses recorded and list of

documents and materials seized, relied upon and not relied upon

by the prosecution.”;

(4) after rule 26, the following rule shall be inserted, namely:-

“26-A. Furnishing of list and right of inspection.—

(1) The Court shall furnish a copy of the list referred to

in clause (xxxi) of sub-rule (7) of rule 25 to the accused while

furnishing copies under section 207 of the Code.

(2) After the appearance of the accused before the Court

in the case, the accused or his advocate may inspect the

original records of the case with the permission of the Court

in the presence of a responsible officer nominated by the

Court during Court hours.”;

(5) after Chapter VIII, the following Chapter shall be inserted,

namely:-

“CHAPTER VIII-A

CHARGE AND RANKING OF THE ACCUSED AND WITNESSES

34-A Preparation of charge.— Charge shall be prepared and

framed personally by the Presiding Officer with complete and total

application of mind in Form No. 32 of Schedule II of the Code.

34-B Manner of reference of accused.— After framing of charge,

the accused shall be referred to by his name with his rank within brackets

as assigned in the charge, in the deposition as well in the judgment.

The rank of the accused as assigned in the charge, shall not be changed

even in the event of his death or abscondence or for any other cause.

34-C Manner of reference of non-examined witnesses.— Where

witnesses cited in the complaint or Police report are not examined, they

shall be referred to by their names with the numbers allotted to them in

the complaint or Police report in brackets while referring to them in the

judgment.”;

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(6) in rule 43, for sub-rule (1), the following sub-rule shall be

substituted, namely:-

“(1) After a deposition has been read over to the witness,

the deponent shall either sign in full or affix his thumb-impression

on every page. The Presiding Officer shall initial every page of

the deposition. A certificate in the following Form shall be

appended at the foot of the deposition and the Presiding Officer

shall affix his signature,-

“Taken down by me/before me in open Court, interpreted/read

over to the witness and admitted by the deponent to be correct”.

A hard copy of the deposition so recorded and duly signed

to be a true copy by the Presiding Officer/Court Officer, shall

be made available at free of cost against receipt to the accused

or the Advocate representing the accused and to the witness

and the Prosecutor on the date of recording.”;

(7) in rule 49,-

(i) in sub-rule (1), for the expression “admitted in evidence”,

the expression “admitted in evidence including electronic

records” shall be substituted;

(ii) in sub-rule (1), after clause (v), the following clause shall

be added, namely:-

“(vi) 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 expression “subject to proof” shall

be mentioned within brackets.

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

document at the time when it is marked, it shall be marked as Exhibit

P-1/PW1 (subject to proof). The second document introduced

by PW1 will be Exhibit P-2/PW1.”;

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(8) in rule 58, for sub-rules (5) and (6), the following sub-rules

shall be substituted, namely:-

“(5) Seized currency notes and coins shall be remitted into

the Treasury under the head “Criminal Court Deposit” or

invested in a Fixed Deposit in the name of the Court in any of

the Nationalised Banks for safe custody, subject to orders

passed under section 451 of the Code, under intimation to the

Police/Investigating Agency and not returned to them.

(6) All other valuable properties may be kept in a sealed box

in the Treasury or in the property room of the Court or handed

over to the specialised investigating agencies for safe custody

with a direction to be brought to the Court for being marked as

material objects, on proper identification.”;

(9) in rule 106, after sub-rule (3), the following sub-rule shall

be added, namely:-

“(4) In addition to the statement in tabular form, referred to

in sub-rule (1) above, every judgment of a Trial Court shall

have a ‘Case-Summary’ which shall contain the following

particulars, namely:-

(i) the period of remand of the accused;

(ii) the date of filing of the complaint/final report in the

Court;

(iii) the date of committal of the case to the Court of

Session;

(iv) the date of questioning of the accused under sections

228, 240, 246 and 251 of the Code, as the case may be;

(v) filing of all miscellaneous petitions and their results

including the results on challenge before Superior

Courts, except routine petitions like petitions under

section 317 of the Code, etc;

(vi) date of examination in-chief and cross-examination of

a witness;

(vii) date of examination of the accused under section 313

of the Code;

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[PART–II

(viii) details of abscondence of an accused and his

appearance/production, as the case may be;

(ix) grant of stay by superior Courts and the results thereof;

and

(x) details of victim compensation ordered.”;

(10) in rule 149, for the expression “foolscap folio paper”, the

expression “A4 size paper having thickness of not less than 75 GSM”

shall be substituted;

(11) in rule 221, in the first proviso to sub-rule (1), for the

expression “foolscap paper of durable quality”, the expression

“substantially white A4 size paper having thickness of not less than 75

GSM” shall be substituted;

(12) in rule 252,-

(i) in sub-rule (8), for the expression “sufficient thickness and

of foolscap size” the expression “substantially white A4 size

paper having thickness of not less than 75 GSM” shall be

substituted;

(ii) in sub-rule (9), for the expression “foolscap paper of

sufficient substance” the expression “substantially white A4 size

paper having thickness of not less than 75 GSM” shall be

substituted.

High Court, Madras,

REGISTRAR-GENERAL.

09-03-2022.

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online publication at “https://styandptg.py.gov.in”

Published by The Director, Government Press, Puducherry.