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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

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Puducherry

Wednesday

24th

August

2022

(2 Bhadra 1944)

448

LA GAZETTE DE L'ETAT

[PART–II

the Criminal Rules of Practice 2019, published in the Tamil Nadu

Government Gazette, 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.

AMENDMENT

In the said Rules, in rule 42, after sub-rule (2), the following

sub-rules shall be added, namely:—

“(3) The deposition of witnesses shall be recorded in typed

format, if possible. The record 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.

(4) The deposition shall be recorded in the language of the

witness and in English, when translated as provided in sub-rule (3).

(5) A translator shall be made available in each Court and the

Presiding Officers shall be trained in the local language, on the request

of the Presiding Officers.

(6) The Presiding Officers shall not record evidence in more

than one case at the same time.

(7) 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.

(8) During cross-examination, the relevant portion of the

statements recorded under section 161 of the Code 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.

449

PART–II]

LA GAZETTE DE L'ETAT

(9) In such cases, where the relevant portion is not extracted,

such portions 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.

(10) 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.

(11) The rule applicable to recording of the statements under

section 161 of the Code shall also mutatis mutandis apply to the

statements recorded under section 164 of the Code, whenever such

portions of prior statements of living persons are used for contradiction

or corroboration.

(12) Omnibus marking of the entire statement under sections

161 and 164 of the Code shall not be done.

(13) The Presiding Officers shall ensure that only admissible

portion of section 8 or section 27 of the Indian Evidence Act, 1872

(Act 1 of 1872), is marked and such portion alone is extracted on a

separate sheet and marked and given an exhibit number.”.

High Court, Madras,

REGISTRAR-GENERAL.

12-08-2022.

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