TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 51A]

CHENNAI, WEDNESDAY, DECEMBER 18, 2019

Markazhi 2, Vikari, Thiruvalluvar Aandu–2050

[1]

DTP—III-2 (51A)

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2019

[Price : Rs. 160.80 Paise.

Part III—Section 2

(Supplement)

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

JUDICIAL NOTIFICATIONS

THE CRIMINAL RULES OF PRACTICE, 2019

THE CRIMINAL RULES OF PRACTICE, 2019

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 Rules for

the guidance of all Criminal Courts:−

CHAPTER - I

PRELIMINARY

1. Short title, commencement and application.−(1) These

Rules may be called the Criminal Rules of Practice, 2019.

(2)

They shall come into force with effect from 1^stJanuary,

2020.

(3) They shall apply to all the criminal Courts within the

jurisdiction of the High Court of Judicature at Madras.

2. Repeal and savings.−On the coming into force of these

Rules, all previous Rules governing any matter dealt with or covered

by these Rules shall stand repealed and all circulars previously issued

shall cease to have effect to the extent to which such circulars are

inconsistent with these Rules:

Provided that, nothing contained in these Rules shall affect the

validity of anything done, any action or decision taken or order

passed

under

the

Rules

Circulars

before

the

commencement of these Rules.

No. SRO C-18/2019.

3. Definitions.−(1) In these Rules, unless there is anything

repugnant in the subject or context,-

(a) “Code” means the “Code of Criminal Procedure, 1973

(Central Act 2 of 1974)” as amended from time to time;

(b) "Court" means any Criminal Court as enumerated in

section 6 of the Code excluding Executive Magistrates;

(d) “Government” means, wherever the context so

requires, the Government of the State of Tamil Nadu or the

Government of the Union Territory of Puducherry;

(e) “The High Court” means the High Court of Judicature

at Madras;

(f) “Section” means the section of the Code;

(g) “Magistrate” shall include, if the context so requires,

the Special Judges appointed under various enactments and

who are empowered to take cognizance of offences directly.

(2) Words and expressions used herein and not defined

sub-rule (1) shall have the same meaning assigned to them in the

Code or in the Indian Penal Code, 1860 (Central Act XLV of 1860) or

any other law for the time being in force.

4. Sitting of Courts.−(1) The hours of sitting of Courts other

than the High Court shall, as may from time to time, be determined

by the High Court by an order in this behalf.

CHAPTER - II

MAGISTRATE COURTS

INVESTIGATION AND REMAND

5. Receipt of First Information Report and Occurrence

Report.−(1) The Judges and Magistrates receiving First Information

Reports and Occurrence Reports by prosecuting agencies, shall affix

their full signature on each page, record the date and time of receipt

on the first page and record their name and designation. The name or

the number of the messenger shall also be noted. If the

First

Information Report/Occurrence Report is received by post, the

envelope shall be initialled and preserved.

(2) The Judges

and Magistrates receiving Inquest Reports,

post-mortem reports, statements and other documents from the

prosecuting agencies shall put their initial on every page with date.

(3) The receipt of the

First Information Report

or the

Occurrence Report, as the case may be, shall be entered in the First

Information Report Register immediately in consecutive numbers

police station-wise without any gap in Administrative Form No.18

(Criminal Register No.18), which shall be maintained annually.

First

Information Reports/Occurrence Reports received after the Court

hours or on holidays should be entered first in the First Information

Report Register on the next working day. Pending First Information

Reports of a year shall be brought forward in the register of the

succeeding year.

6. Remand.−(1) No accused shall be placed under remand for

the first time, unless he is produced physically. At the time of remand,

the Judge/Magistrate shall see if there is any injury on the person of

the accused. Any such injury shall be recorded in the remand order

and the remand warrant as well. It is permissible to make extensions

of remand through the medium of electronic video linkage.

(2)

Where an accused is detained in hospital and if the Court

is satisfied from the medical certificates/records that the accused is

not in a position to be moved and produced before the Court

concerned, the Judge / Magistrate shall proceed to the hospital, visit

the accused and may remand or extend the remand period. Before

proceeding to the hospital for remand, the Judge/Magistrate shall

inform the Superintendent of Prison concerned for facilitating the

prison officials to take the remand prisoner into custody.

(3)

The Judge/ Magistrate may draw the actual conveyance

charges incurred by them on such trips, from their office

contingencies as provided in item II-(A) (2) of Appendix 7 to the

Tamil Nadu Financial Code, Volume II. Such expenditure shall be

classified as “Office Expenses” under “21. Administration of justice –

AE. Criminal Courts.”

For Puducherry, the General Financial Rules,

2017 or the Delegation of Financial Powers Rules, 1978, as the case

may be, shall be applicable. Such expenditure shall be classified as

travelling expenses under the respective head of account.

(4)

When an accused is brought before a Court subordinate to

the High Court in execution of a warrant issued under section 390 of

the Code, the Court, before committing him to prison, shall furnish in

writing to the accused, the Number of the appeal and the Court which

issued the warrant. If the accused is committed to prison, the said

Court shall forthwith report the same to the Court which issued the

warrant.

(5)

When an accused is produced for remand on his arrest,

the Court shall furnish to the accused, a copy of the memorandum of

arrest recorded by the arresting officer and if the accused has no

means to engage an advocate, he shall be informed by the Court that

he is entitled to legal assistance.

(6)

The Magistrate shall not grant remands to police custody,

unless they are satisfied that there is good ground for doing so. A

request for remand to police custody shall be accompanied by an

affidavit setting out briefly, the prior history of the investigation and

the likelihood of further clues which the police expect to derive by

having accused in custody, sworn by the investigating or other police

officer, not below the rank of a Sub-Inspector of Police.

The

Magistrate shall

decide after perusal of the affidavit.

shall

personally see and satisfy himself about the accused being sound in

mind and body before entrusting him to police custody and also at the

end of the period of custody by questioning him whether, he had, in

any way, been interfered with during the period of custody. Where the

object of a remand is verification of the statement of an accused, he

shall, whenever possible, be remanded to the charge of a Magistrate;

and the period of remand shall be as short as possible.

(7)

Whenever a Magistrate other than the Chief Judicial

Magistrate/Chief Metropolitan Magistrate remands an accused person

to the custody of the police under section 167 of the Code, a copy of

the order of remand with the recorded reasons therefor shall be

submitted within twenty four hours to the Chief Judicial Magistrate or

Chief Metropolitan Magistrate, as the case may be.

(8)

computing

the

period

of 15 days

mentioned

sub-section (2) of section 167 or the first proviso to sub-section (2)

of section 309 of the Code, both the day on which the order of

remand is made and the day on which the accused is ordered to be

produced before the Court, should be included in Judicial Form Nos.14

and 25, respectively.

(9)

When the accused is produced for remand, if it appears to

the Judge/Magistrate that the accused is a juvenile, he shall record

such opinion and forward him to the jurisdictional Juvenile Justice

Board for further orders. The Juvenile Justice Board shall act in

accordance with the provisions of the Juvenile Justice (Care and

Protection of Children) Act, 2015 (Central Act 2 of 2016), as amended

from time to time.

(10) Classification of

under-trial political prisoners.−

The

remanding Magistrates shall make the initial recommendation for

classification of under-trial political prisoners in the special class to

the Chief Judicial Magistrate in the mofussil or Chief Metropolitan

Magistrate in the city of Chennai, as the case may be, by whom the

recommendation shall be approved or reviewed. Such prisoners

recommended for classification in the special class shall be tentatively

treated as belonging to that class until the orders of the Chief Judicial

Magistrate or Chief Metropolitan Magistrate concerned approving or

reviewing the recommendation is received.

(11) When a transgender is arrested and produced before a

Magistrate, after passing the necessary orders in relation to his/her

remand, the Magistrate shall pass an order to conduct a medical test

on him/her by a competent medical officer not below the rank of

District Medical Officer in order to ascertain his/her predominant sex

orientation and obtain a medical report to that effect. Based on the

said medical report, the Magistrate shall pass an order to detain

him/her either in the Men Prison or Women Prison depending upon

the predominant sex orientation, with a direction to the Prison

authorities to provide necessary safeguards to ensure that no

inconvenience is caused to the transgender by the other inmates and

vice versa. Until determination by the District Medical Officer, the

transgender shall be admitted to the Government Hospital in the

prisoners' ward under security.

(12) When a woman accused, with her child of six years and

below, is arrested and produced for remand, the Judge/Magistrate

shall make all endeavour to hand over the custody of the child to any

nearest relative and, if no such relative is available, he shall proceed

with the remand of the mother and specify about the child in the

remand warrant.

If the child is above six years of age, it shall be

handed over to any of its nearest relatives or the Child Welfare

Committee, as the case may be.

(13) When an Investigating Officer produces an accused, who

is said to have been involved in a crime, which took place not within

the State of Tamil Nadu or the Union Territory of Puducherry, as the

case may be, before a Judge/Magistrate with a prayer to grant a

Transit Warrant for transmitting him out of the State of Tamil Nadu or

the Union Territory of Puducherry and to produce him before the

jurisdictional Court, the Magistrate, subject to the provisions of

sections 80 and 81 of the Code, shall record the date, time and place

of arrest and shall give a Transit Warrant in Judicial Form No.83 by

fixing a time for his production before the jurisdictional Court by

taking into account the distance between the Court in which Transit

Warrant is requested and the Court before which he is to be

produced. The Magistrate shall also send a communication in Judicial

Form No.84 to the jurisdictional Court in this regard.

(14) Sub-rules (1) to (13) shall apply to arrest by officers,

other than police officers, who are empowered to arrest a person.

7. Procedure for arresting accused already in custody.−

Without prejudice to sub-rule (2) of rule 519 of the Tamil Nadu Prison

Rules, 1983, an accused in judicial custody may be formally arrested

by police or other prosecuting agency in any other case by serving on

him, the grounds of his arrest in the office of the officer in-charge of

the prison, countersigned by such officer and intimating the fact of

such arrest to the Court which had remanded him to judicial custody

and also to the Court before which the latter case is pending. On such

intimation, the Court in which the latter case is pending, shall cause

production of the arrested accused before it under intimation to the

Court on whose order he is in judicial custody. On production of the

accused before the Court in which the latter case is pending, such

Court may remand him to police custody or judicial custody, as the

case may be, under intimation to the Court on whose order he is

originally in judicial custody.

8. Recording of Dying Declaration.−(1) The Chief Judicial

Magistrate or the Chief Metropolitan Magistrate, as the case may be,

from time to time, may nominate and notify in the notice board of the

Courts in the District, a Magistrate/Magistrates in the District to

record dying declaration.

(2) In cases of emergency, any Magistrate who has not been

nominated under sub-rule (1) may record a dying declaration on

receipt of a request from the hospital or police or otherwise.

(3) Before recording the declaration, the Magistrate shall

disclose his identity to the declarant. The Magistrate shall ensure that

the police or the relatives of the declarant are not present at the time

of recording the dying declaration. He shall satisfy himself that the

declarant is mentally fit to make a declaration. He shall also put

simple questions to elicit answer from the declarant with a view to

knowing his state of mind and that he was not tutored or influenced

to make such statement

and should record the questions and

answers, signs and gestures together with his own conclusion in the

matter. He shall also obtain, whenever possible, a certificate from the

Medical Officer as to the mental condition of the declarant.

(4) The declaration should be taken down in the words of

declarant as far as possible. The Magistrate should try to gather from

the declarant, the particulars necessary for the identification of the

persons referred to in the declaration. Every question put to the

declarant and every answer or sign or gesture made by him in reply

shall be recorded.

(5) After the declaration is recorded, it shall be read over to the

declarant and his signature or thumb or finger impression obtained

thereon, if possible, and then, the Magistrate shall sign the

statement. No police officer shall be allowed to be present before or

during recording of such statement.

(6) If the Magistrate does not know the language of the

declarant, he may, if possible, engage a Translator or he shall record

the same in an electronic device.

(7) After recording a dying declaration, the Magistrate shall

arrange to take two photocopies of the same under his direct

supervision and certify them as true copies. The dying declaration in

original shall be sent in a sealed cover to the jurisdictional Court or

Magistrate, as the case may be, through a special messenger or by

Registered Post with Acknowledgment Due. One such certified

photocopy of the dying declaration shall be furnished by the

Magistrate to the Investigating Officer of the case, free of cost,

immediately, with a specific direction to use it only for the purpose of

investigation and not to make its contents public until the

investigation is completed and final report filed. The other certified

photocopy of the dying declaration shall be kept in a sealed cover in

the safe custody of the Magistrate.

(8)

After the completion of the process, the Magistrate shall

make necessary entries in Judicial Form No.11.

9. Test Identification Parade.−

(1)

application

for

conduct of test identification parade, shall be made

under

section

54-A of the Code by the Investigating Officer, to the Court having

jurisdiction.

(2)

On such application being made, the Court may direct the

person so arrested to subject himself to test identification parade.

(3)

The Court shall make a request to the Chief Metropolitan

Magistrate/Chief Judicial Magistrate of the District to nominate a

Magistrate, other than the Magistrate who has jurisdiction of the

case, to conduct the test identification parade.

(4)

Upon receipt of such request, the Chief Metropolitan

Magistrate/Chief Judicial Magistrate shall immediately pass orders

nominating a Magistrate, other than the jurisdictional Magistrate, to

conduct

test

identification

parade and inform the same to the

Magistrate so nominated and to the Investigating Officer.

(5)

The Magistrate so nominated shall conduct

the test

identification parade and after preparing the Test Identification Parade

report, he shall arrange to take two photocopies of the said report

under his direct supervision and certify the same as true copies.

(6)

He shall send the test identification parade report in

original in a sealed cover to the jurisdictional Court through a special

messenger or by Registered Post with Acknowledgment Due.

(7)

One certified photocopy of the Test Identification Parade

report shall be furnished by the Magistrate to the Investigating Officer

of the case free of cost, immediately, with a specific direction to the

latter to use it only for the purpose of investigation and not to make

its contents public, until the investigation is completed and final

report filed.

(8)

The other certified photocopy of the Test Identification

Parade report shall be kept in a sealed cover in the safe custody of

the Magistrate.

(9)

After the completion of the process, the Magistrate shall

make necessary entries in Judicial Form No.12.

10. Recording of Confession.−(1)

The

Investigating

Officer,

when he has reason to believe that the accused is likely to

confess to his guilt, may make a report to the Chief Judicial

Magistrate of the District or the Chief Metropolitan Magistrate of the

City, as the case may be, and the Chief Judicial Magistrate or the

Chief Metropolitan Magistrate, as the case may be, 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.

(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 and on such request, the said Magistrate

shall record the confession.

(3)

(a)

Before

recording

confession

statement,

the

Magistrate shall explain to the accused that he is before a Magistrate;

that he is under no obligation at all to make any statement; that he is

free to make a statement or refrain from making any statement; that

it is not intended to take him as an approver and that anything said

by him will be taken down and thereafter, may be used as evidence

against him.

(b) A Magistrate may also put such questions as he may

consider necessary to assure himself that the accused is making the

statement voluntarily.

answers given by the accused shall be reduced to writing.

(4) If the accused person, after being so questioned, expresses

a desire to make a statement, the Magistrate shall give him,

reasonable time for reflection which shall ordinarily be not less than

24 hours.

(5) When the accused person is produced or appears before the

Magistrate after the expiry of the period so granted, he shall again

warn the accused that he is not bound to make any statement and

that any statement made by him may be used against him during the

trial of the case.

(6) If the accused still desires to make a statement and the

Magistrate has reason to believe that he is doing so voluntarily, the

Magistrate shall record the statement of the accused.

(7) The Magistrate shall record the statement of the accused in

Court and during Court hours, save for exceptional reasons to be

recorded in writing.

(8) The Magistrate shall ensure that during the questioning of

the accused and the recording of his statement, there are no police

officers in the vicinity.

(9) The accused person shall be questioned in the language

known to him and the answer given by him shall be recorded in his

own words, as far as possible.

(10) After recording the statement of the accused, the same

shall be read out and explained to him in the language known to him

and the fact of having read the statement to the accused and the

accused having admitted its correctness shall be recorded.

(11) The Magistrate shall thereafter append a certificate as

required by sub-section (4) of section 164 of the Code.

(12) After recording the confession statement of an accused,

the Magistrate shall arrange to take two photocopies of the same

under his direct supervision and certify the same as true copies. The

confession statement in original shall be sent in a sealed cover to the

jurisdictional Court through a special messenger or by Registered Post

with Acknowledgment Due. One certified copy of the confession

statement shall be immediately furnished to the Investigating Officer

free of cost with a specific direction to use it only for the purpose of

investigation and not to make its contents public until the

investigation is completed and final report filed. The other certified

copy of the confession statement shall be kept in a sealed cover in

safe custody of the Magistrate.

(13) After the completion of the process, the Magistrate shall

make necessary entries in Judicial Form No.13.

11. Recording of

statement of victim/witness under

section 164 of the Code.−(1) A statement of a witness/victim can

be recorded under section 164 of the Code only at the instance of the

Investigating Officer of the case.

(2)

It is not necessary for the Investigating Officer to

approach the Chief Metropolitan Magistrate/Chief Judicial Magistrate

with an application for nominating a Magistrate to record the

statement of a witness/victim under section 164 of the Code.

(3)

A Magistrate, whether he has got jurisdiction or not, to

inquire into or try the case, can record the statement of a

witness/victim under section 164 of the Code, on the request of the

Investigating Officer of the case.

(4)

The Presiding Officer of a Special Court which has been

empowered to take cognizance of an offence without there being a

need

for

committal,

may

also

record

the

statement

witness/victim under section 164 of the Code, on the request of the

Investigating Officer.

(5)

After recording the statement of a witness/victim under

section 164 of the Code, the Judge/Magistrate shall arrange to take

two photocopies of such statement, under his direct supervision and

certify the same as true copies.

(6)

He shall furnish one such certified photocopy of the

statement to the Investigating Officer free of cost, immediately, with

a specific direction to the latter to use it only for the purpose of

investigation and not to make its contents public, until the

investigation is completed and final report filed.

(7)

The other certified photocopy of such statement shall be

kept in a sealed cover in the safe custody of the Judge/Magistrate.

(8)

If the Magistrate who had recorded the statement under

section 164 of the Code is not the jurisdictional Magistrate, he shall

send the original statement to the jurisdictional Court, either through

a special messenger or by Registered Post with Acknowledgment Due.

(9)

If the Magistrate who had recorded the statement under

section 164 of the Code is himself the jurisdictional Magistrate, he

shall keep the original of the statement in the case records.

(10) The Magistrate may also take the services of a Translator,

if circumstances so require.

(11) In the course of recording such statement, if the

Magistrate finds that the statement is self incriminating, he shall not

proceed to record further. Further, statement of such deponent should

be recorded by following the procedure provided in rule 10.

CHAPTER - III

BAIL AND SURETIES

12.

Bail in non-bailable cases.−(1) The power of admitting

a prisoner to bail in a non-bailable offence is a matter of judicial

discretion and not a ministerial act; and the main or prime

consideration in the exercise of that discretion should be the

likelihood of the prisoner failing

to appear at the trial. Other factors

requiring consideration are the seriousness of the offence, previous

conviction, if any, of the accused, abnormal conditions and necessity

to take special precautions in particular cases. Bail should not be

refused nor prohibitive bail insisted upon, merely on the ground that

the police desire it, as such a decision may lead to grave injustice. A

Magistrate may, however, take into consideration the information

supplied and the reports made by the police. The provisions of

sections 437, 439 and 440 of the Code should be strictly adhered to

for the purpose of bail.

(2)

While ordering bail, the amount of the bond shall be fixed

taking into account the financial capacity of the accused.

(3)

The accused who are indigent

and unable to furnish

sureties may be released on their own bond after taking into

consideration, the nature of the offence and the possibility of the

accused not absconding.

(4)

Application for relief under section 438 of the Code shall

be accompanied by a sworn affidavit of the applicant.

13. Surety.−An advocate shall not be accepted as surety,

unless the accused is his blood relative.

14.

Verification

solvency

sureties.−

(1)

The

responsibility for accepting the surety as solvent for the required

amount is primarily that of the presiding officer of the Court and he

should discharge it himself by making such summary enquiry as in

the circumstances of the case, he may think fit.

(2)

The production of a solvency certificate from the Revenue

Authorities is not always essential and may be insisted upon only in

cases of doubt and cases involving large sums.

(3)

For the purpose of determining whether the surety is

solvent or not, the Court may, if it thinks fit, accept affidavits in proof

of the facts contained therein relating to the solvency of the sureties,

or may make such further inquiry as it deems necessary.

(4)

Insistence upon the possession of immovable property by

surety for bond of small amounts not exceeding Rs.15,000/-

would

cause serious inconvenience to the accused in procuring a surety. The

Judge or Magistrate may, therefore, in suitable cases, where the

amount of bond does not exceed Rs.15,000/-, assess the solvency of

the surety even upon the basis of his movable property and assets.

The intending surety should present his application for suretyship in

Judicial Form No.46. The Head Ministerial Officer should check the

proofs accompanying the applications and thereafter, place the matter

before the Judge or Magistrate with his remarks. However, in the

Court of the Metropolitan Magistrate, if the amount of bond exceeds

Rs.15,000/-, the Head Ministerial Officer should check proofs and

submit report to the Magistrate. The Judge or Magistrate should

consider the application in the light of the proofs produced and

examine the surety personally and may also call for further and better

proof. The Judge or Magistrate, after holding a summary enquiry, may

pass an order either accepting the surety or rejecting the application.

(5)

To avoid abscondence of accused due to furnishing of

bogus surety bond by a stock surety, in addition to the proof as

mentioned in sub-rule (4) of the format of application of surety, the

surety, in all cases in which the offence is serious and the sentence

provided is of more than 7 years imprisonment or the cases under the

special enactments

the Narcotic Drugs and Psychotropic

Substances Act, 1985 (Central Act 61 of 1985), the Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act

33 of 1989), the Protection of Children from Sexual Offences Act,

2012 (Central Act 32 of 2012), the Unlawful Activities (Prevention)

Act,

1967

(Central Act 37 of 1967),

the Prevention of Money

Laundering Act, 2002 (Central Act 15 of 2003), etc. shall produce

copy of at least one of the following documents:−

(i)

Passport;

(ii)

Identity

Card

issued

the

Election

Commission of India;

(iii)

Permanent Account Number Card, i.e., PAN

Card issued by the Income Tax Department;

(iv)

ATM/Debit Card or Credit Card issued by any

nationalised or private bank of standing at the national level,

having photograph of the holder thereon may be accepted in

conjunction

with

any

other

authentic

document

telephone bill or electric bill as proof of residential address;

(v)

Identity Card issued by the Government

Authorities or the Public Statutory Corporations;

(vi)

Any such document, which is ordinarily issued

by an authority after due verification of the identity of the

person and his address, which the Judge or the Magistrate

may think just and proper, in the interests of justice, by

recording specific reasons.

(6)

Every surety shall submit two copies of the latest passport

size photograph, which is not older than six months before the date of

submission. In the event of the accused absconding, the Court shall

give one photograph to the police for tracing the surety.

(7)

Accused surrendering before a Court for furnishing bond

on the order of the High Court/Sessions Court made under section

438 of

the Code, shall affix his photograph in the surrender

application and also submit his identification proof as stipulated above

for the surety. He shall also furnish at least two of his identification

marks in the surrender application.

(8)

Orders of bail and suspension of sentence granted by

superior Courts shall be communicated by the said Courts via email,

officially, to the Court to the satisfaction of which, bond has been

directed to be executed, apart from the regular process.

(9)

If the accused is not able to produce sureties, the

Magistrate may act under section 445 of the Code.

15. Determination of the sufficiency of bail.−When a Court

of Appeal or Revision orders the release on bail of a person who has

been convicted or committed for trial, the question of the sufficiency

of the bail shall, unless the Court of Appeal or Revision thinks fit itself

to determine the sufficiency of the bail or security, be determined by

such Court or Magistrate subordinate to it as the Court making the

order may direct.

16. Bail bond.−The Court authorized to test the sufficiency of

the bail or security shall, when satisfied as to the sufficiency of the

security, forward to the officer in-charge of the prison in which the

accused is confined, the bail bond in Judicial Form No.42.

17. Bail by a superior Court.−In cases where the sentence

has been suspended and bail ordered, the Court authorised to test

the sufficiency of the bail or security shall, when satisfied as to the

sufficiency of the security, forward to the officer in-charge of the

prison, the bail bond in Judicial Form No.42 and shall further, in cases

where bail has been ordered by a superior Court, report to that Court

whether or not the bail has been furnished.

18. Accepting sureties when anticipatory bail is granted

the High Court or Sessions Court.−

(1)

Whenever

anticipatory bail order passed by the High Court or Sessions Court is

produced for the purpose of acceptance of sureties or compliance, the

Magistrate concerned, shall go through the order of anticipatory bail

thoroughly and act in accordance with the directions made therein.

(2)

Unless the anticipatory bail directs the accused to

surrender or to file a surrender petition, it is not necessary for the

Magistrate concerned to entertain surrender or pass orders on the

surrender petition.

(3)

If for any reason, the Magistrate concerned entertains any

doubt or suspicion over the sureties furnished, the Magistrate can

postpone the acceptance of sureties, but the affidavit furnished by the

sureties can be accepted in proof of the facts contained therein

relating to the sufficiency or fitness of sureties and pass an order of

interim bail and release the accused and on enquiry, if it is found by

the Magistrate concerned that the sureties furnished are insufficient,

then, the Magistrate may order the accused to find sufficient sureties

and on his failure to do so, may reject the sureties and remand him

to custody.

19. Executed bail bond and remand warrant.−The officer

in-charge of the prison shall send the executed bail bond with the

remand warrant to the Court concerned.

20. Determination of sufficiency of the security.−When an

order to give security is made under section 106 or section 117 of the

Code, the question of the sufficiency of the security shall be

determined by the Court or Magistrate by whom the order was made.

Provided that when an order to give security is made under

section 106 of the Code by an Appellate Court, or by the High Court

when exercising powers of revision, the question of the sufficiency of

the security shall, unless the said Court thinks fit itself to determine

the sufficiency of the security, be determined by such other Court or

Magistrate subordinate to it as it may direct.

21. Notice to the surety.−The notice to the surety under

section 446 of the Code shall be issued in the form prescribed by the

Code.

22. Person not been released on bail or anticipatory

bail.−On the appearance of a person who has not been released on

bail or anticipatory bail, the Court may obtain a bond with or without

sureties under section 88 of the Code in Judicial Form No.74.

23.

Person accused of a bailable offence not been

released on bail.−On the appearance of a person accused of a

bailable offence, on summons and who has not been released on bail

earlier in the case, the Court shall admit him to bail with or without

sureties under section 436 of the Code.

24. Person accused of a non-bailable offence not been

released on bail or anticipatory bail.−On the appearance, on

summons, of a person accused of a non-bailable offence, who has not

been released on bail or anticipatory bail, the Court may obtain a

bond in Judicial Form No.74, with or without sureties, in the event of

not remanding the accused into custody.

N.B.:

(1)

The Trial Courts are reminded that suspension of sentence

under sub-section (3) of section 389 of the Code can be granted only

if the accused is on bail at the time of judgment.

(2)

Every Trial Court and Appellate Court shall require an

accused to execute bail bonds with sureties, after arguments are

heard, in Judicial Form No.75 under section 437-A of the Code and

such bail bonds shall be in force for six months.

CHAPTER - IV

PROSECUTION

25. Filing of final report by police and complaint by other

investigation agencies.−(1) Final report by police and complaint

by other investigation agencies shall normally be received on all

working days at fixed hours by the Court having jurisdiction to receive

them. On such receipt, the same shall be entered in the “Register of

Papers Received” in Administrative Form No.60 and in the First

Information Report Register in Administrative Form No.18 (Criminal

Judge or Magistrate that the accused in detention in the case would

become entitled to be released on compulsory bail under proviso to

section 167 of the Code if the final report or complaint is not filed

immediately, the Judge or Magistrate, as the case may be, shall

receive the final report or complaint even on a holiday or beyond the

working hours of the Court.

(2)

The officer-in-charge of the police station forwarding the

final report of any investigation under sub-section (2) of section 173

of the Code, shall file in Court along with such report, as many copies

of such report and also of the other documents mentioned in clauses

(ii), (iii) and (v) of section 207 of the Code as there are accused in

the case.

Whenever the Court accepts the photocopies of the

documents certified by the Investigating Officer filed along with the

final report, they shall be compared with the originals and certified by

the Head Ministerial Officer and furnished to the accused to avoid

delay and the case can be committed to the Court of Sessions or

disposed of by the Trial Court, as the case may be.

(3)

Nothing contained in these rules, shall, however, preclude

the police officer from making any request to the Court under sub-

section (6) of section 173 of the Code to exclude any part of any

statement recorded under section 161 of the Code from the copies to

be granted to the accused or the Court from excluding such part from

such copies.

(4)

Complaints filed by other

investigating

agencies and

private complaints shall be accompanied by as many copies of the

complaint and relied upon documents as similar to the number of

accused in the case.

(5)

Except cases arising under the Juvenile Justice (Care and

Protection of Children) Act, 2015

(Central Act 2 of 2016), the

investigating officer shall take photograph of the accused in warrant

cases by resorting to section 5 of the Identification of Prisoners Act,

1920 (Central Act 33 of 1920) after identification parade, if required,

is held and then, submit the photographs along with the final report.

Such photographs can be taken in the prison, if the accused is in

judicial custody, in the presence of the officer-in-charge of the prison,

after obtaining orders from the Magistrate. Where the accused

voluntarily gives his photograph, the Investigating Officer shall accept

and submit the same along with the final report.

(6)

Final report filed by police/complaint filed by

other

investigating agency shall not be returned even if they are defective.

A separate memorandum should be issued to rectify the defect. If

the defects are not rectified within three months, the Court shall

report the matter to the Commissioner of Police/Superintendent of

Police, as the case may be. In the absence of defects, the same shall

be taken on file within three days from the date of receipt.

(7)

While receiving the final report, the Head Ministerial

Officer shall verify whether the same is accompanied by the following

documents, wherever applicable:−

(i)

First Information Report;

(ii)

Complaint or Statement of complainant;

(iii)

Charge sheet with memo of evidence;

(iv)

Statement of witnesses recorded under section 161 of the

Code. Where the police have not recorded the statement

of a particular witness, the same shall be specifically

mentioned in the Memo of Evidence;

(v)

Accident Register Copy with opinion of the doctor;

(vi)

Post-mortem Certificate;

(vii)

Viscera Report;

(viii)

Biology Report;

(ix)

Serology Report;

(x)

Chemistry Report;

(xi)

Observation Mahazar;

(xii)

Seizure Mahazar;

(xiii)

Police Form 91 (for Tamil Nadu) and Police Form 95 (for Puducherry)

for seizure of properties;

(xiv)

Rough sketch;

(xv)

Photographs if the photographer has been cited as

witness. Such photographs shall bear the certification

under section 65-B of the Evidence Act;

(xvi)

Confession statement of the accused recorded by the

police;

(xvii)

Statement of the accused under section 164 of the Code

recorded by the Court, if any;

(xviii)

Proceedings of the Test Identification Parade, if any;

(xix)

Statement of witnesses under section 164 of the Code

recorded by the Court, if any;

(xx)

Requisition given by the Inspector of Police for sending of

properties for Chemical Analysis;

(xxi)

Office copy of the covering letter of Committal Court for

sending the properties to laboratory as per the request of

the police;

(xxii)

Requisition given by the Inspector of Police to conduct

post-mortem on the body of the deceased;

(xxiii)

Inquest report with questionnaires;

(xxiv)

Material objects as per seizure mahazar, if any;

(xxv)

Alteration report, if any;

(xxvi)

Death intimation received from the hospital;

(xxvii)

Dying declaration of the injured/deceased, if any;

(xxviii)

Sexual offence certificate;

(xxix)

DNA Test report; and

(xxx)

Community Certificate.

P.S.

(i)

Final Report should not be returned on the ground that item nos.(vii)

to (x) and (xxix) above have not been filed. Such report can be brought on record

subsequently either under section 293 or 294 of the Code.

(ii)

If such report reaches the Magistrate after the committal proceedings,

the same shall be sent immediately to the Sessions Court after furnishing a copy to

the Investigating Officer, free of cost.

(8)

On requisition by the investigating agency, if any expert

opinion is sought by the Court, the communication from the Court to

the expert, shall specify that a copy of the report be sent to

investigating agency concerned. As and when the opinion of the

expert is received directly by the Court, a photocopy of the same

shall be furnished to the investigating agency, free of cost, if a copy of

it has not been given to the investigating agency.

(9)

System generated final report filed by the police manually

or electronically shall be accepted by the Court.

(10) In the final report and complaint, the e-mail id and mobile

number of the complainant, witnesses and accused, if available, shall

be furnished.

26. Cognizance of the offence.−(1) Where a police report is

filed by the investigating agency in the Court which is empowered to

take cognizance of the offence that,−

(a) no offence appears to have been committed; or

(b) the offender is not known; or

or by any of the persons named in the First Information Report,

the Court shall issue notice, in Judicial Form No.16, to the person on

whose complaint, investigation is conducted or to any other aggrieved

person deemed necessary by the Court to appear before the Court.

Such notice shall be served in the manner prescribed for the service

of summons in the Code.

(2) On appearance of the complainant or the aggrieved person,

as the case may be, a copy of the report of the Investigating Agency

shall be furnished to him free of cost and he shall be permitted to

obtain

certified copies of the statements and other documents

submitted therewith to arrive at such an opinion.

(3) If the complainant/aggrieved person appears, the Court

shall, after hearing him,−

(i) accept the report and close the case; or

(ii) order for further investigation; or

(iii) take cognizance of the offence.

(4) If the complainant/aggrieved person either fails to appear or

notice could not be served by available means, the Court may

proceed to pass orders on the report filed by the police in Judicial

Form No.15.

(5)

Cases of which a Magistrate has taken cognizance shall, in

the

absence

specific

order

of the Chief Metropolitan

Magistrate/Chief Judicial Magistrate to the contrary, be heard by the

same Court.

27. Appearance of Advocates.−(1)

No person who is not

enrolled as an Advocate under the Advocates Act, 1961 (Central Act

25 of 1961), as amended from time to time, shall be permitted to

plead in any proceeding except to prevent a possible miscarriage of

justice and for reasons to be recorded in writing by the Court. Such

permission shall be restricted to the conduct of the particular case

and shall not operate as a general licence empowering the person so

permitted to plead in all cases.

(2) Any person, who is not an Advocate, permitted under sub-

rule (1), to plead, shall file in Court, a duly stamped power of

attorney from his Principal authorizing him to act as such.

(3) Every Advocate appearing for the prosecution in any Court

other than the Advocate General, Government Advocate, Public

Prosecutor, Additional Public Prosecutor, Special Public Prosecutor and

Assistant Public Prosecutor, shall file a vakalathnama containing the

enrollment number, address for service, e-mail id and mobile number.

(4) Every Advocate defending an accused person in custody in a

criminal proceedings in any Court shall file a Memorandum of

Appearance containing his enrollment number, address for service, e-

mail id and mobile number and a declaration that he has been duly

instructed to appear by or on behalf of the accused whom he claims

to represent. Such Memorandum of Appearance shall not be in force

after the release of the accused from custody or on the accused

giving vakalatnama, whilst in custody, to another advocate. Every

Memorandum of Appearance shall be in Judicial Form No.71.

(5) Every Advocate defending the accused person(s), who is/are

not in custody, in a criminal proceeding in any Court shall file

vakalathnama containing his enrollment number, and address for

service.

(6) Every Vakalathnama shall be in Judicial Form No.72.

(7)

The execution of Vakalathnama shall be attested by a

Gazetted Officer in the service of the Central Government or of any

State Government or of a Commissioned Officer in the Defence Forces

of India or an Ambassador or Envoy duly accredited by or to the

Central Government or an Advocate enrolled under the Advocates

Act, 1961

(Central Act 25 of 1961)

or a Notary Public or

Commissioner of Oaths.

(8) The authority attesting the vakalathnama shall certify that it

has been duly executed in his presence and subscribe his signature

over his name and designation. When a vakalathnama is executed by

a party who appears to the person before whom it is executed to be

illiterate, blind or unacquainted with the language in which the

vakalathnama

written,

the

person

shall

certify

that

the

vakalathnama was read, translated and explained in his presence and

the executant's signature or thumb impression was affixed in his

presence.

(9) The execution of a vakalathnama by a person in custody

may be attested by the Jailor, Station House Officer or other officer

who is in-charge of the person in custody.

(10) Every vakalathnama shall contain an endorsement of the

Advocate in whose favour it is executed that it has been accepted by

him and he shall indicate his Bar Council Enrollment number together

with his address for service. If more than one advocate is named in

the vakalathnama, it shall be accepted by all such Advocates but the

address for service may be of any one of them.

(11) Every Advocate appearing on behalf of an accused who has

been exempted from personal appearance under section 205 of the

Code shall file a special vakalathnama in Judicial Form No.73.

(12) Every Memorandum of Appearance filed by the counsel shall

be accompanied with a clear photocopy of the Identity Card issued by

the Bar Council. If more than one advocate is on record, it would

suffice if any of them furnishes the copy of the Identity Card issued

by the Bar Council.

(13) Notwithstanding the termination of the proceedings before

the Court concerned, the appointment of an advocate shall be

deemed to authorise him to appear or to make an application or do

any act in connection with getting copies of judgments and other

documents.

(14) A vakalatnama shall be invalid,−

(a)

on the demise of the party; or

(b)

on the demise of the advocate; or

(c)

on the revocation by the advocate; or

(d) on the order of the Court on an application made by

the party seeking leave to change the advocate or

to appear in person.

(15) It is permissible for the advocates to generate the

prescribed Vakalath Form and Memorandum of Appearance Form

containing their ID card number issued by the Bar Council.

28. Complaint.−(1) The complaint shall be presented to the

Magistrate by the party in person or through his authorised Power

Agent.

(2)

The complainant shall present, along with the complaint,

as many copies of the complaint as similar to the number of accused

persons complained against.

(3)

Complaints made orally by persons unable to write,

should be reduced into writing in the presence of, and under the

direction of, the Magistrate and read over or interpreted to the party

making them.

(4) When a complaint in writing is presented, the Judge or

Magistrate, as the case may be, shall subscribe his initials and date

thereon and the date seal of the Court shall also be affixed.

(5) Every Court shall maintain a separate Complaint Register in

Judicial Form No.10 and shall record the receipt of every complaint

other than the complaint filed by other investigating agency.

(6) Where the Court passes an order under sub-section (3) of

section 156 of the Code for investigation by the police, the Court shall

forward the original complaint with a copy of the order to the police

and retain the copy of the complaint and the order in original and

shall also make an entry in the Complaint Register.

(7) Matters not involving a trial or enquiry, but, involving merely

the collection of amounts recoverable as fines, shall not be filed as

regular cases and should be entered directly in the Register of

distress warrants.

(8)

Every complaint under any enactment governing the Local

Body, shall contain particulars of the fee or other sum of money

leviable from accused and the rule or bye-law under which such

amount is assessed.

(9) As soon as orders to issue process have been passed upon a

complaint, it shall be sent to the Head Ministerial Officer of the Court

who will furnish the complainant with a notice, showing the amount of

fees to be paid in Court fee stamps and the last date of filing or

paying them.

(10) Where a process fee is paid after the date fixed for

payment, but, before the complaint is dismissed under sub-section

(4) of section 204 of the Code, a petition to excuse delay giving

reasons for such delay shall be filed along with the notice and the

Magistrate may pass such orders on the petition as he deems fit.

CHAPTER - V

SUMMONS AND WARRANT

29.

Summons.−

(1) Summons

issued to witnesses shall

ordinarily be signed by the Head Ministerial Officer. The words "//By

order of the Court//” shall invariably be prefixed to the signature of

the Head Ministerial Officer in such cases.

(2) Judges and Magistrates shall themselves sign summons to

accused persons. Such summons shall contain the penal provisions of

which the Court or Magistrate has taken cognizance.

Note: Summons under sub-rules (1) and (2) shall be in Form

No.33 and Form No.1 of the Code, respectively.

(3) Where proceedings have been initiated upon a complaint,

including a complaint by public servant, a copy of the complaint shall

accompany the summons.

(4) Every summons shall state the date, time and place in

which the case to which it relates, will be heard.

(5)

all

summonses

issued

Court,

the

prefix

Thiru/Tmt/Selvi/Thirunangai/Thirunambi, as the case may be, shall be

added before the name of the person summoned.

(6) Witness Summons to Public Servants, including Police,

Medical Officers, Surgeons and Experts should be served directly and

the fact shall be intimated to the Head of their Department. In cases

of their absence from their Station, summons shall be served through

the Head of the Department.

(7) Special care shall be taken by the Court before any witness

summons is issued to a medical witness and other expert and a

convenient date be fixed to avoid unnecessary postponement of their

examination. If more than one Medical Officer of the same hospital is

cited as a witness in a case, only one may, as far as possible, be

summoned at a time.

(8) No

witness

summons shall be issued to an

expert

enumerated in section 293 of the Code without an order of Court

specially made in this regard. The Court shall ensure that the time

fixed for the examination of such witness is adhered to and that the

absence of the witness from his duties is as brief as possible.

(9) The particulars of the person examined by the Doctor, the

date on which he appeared at the hospital and the number of the

Wound Certificate, Accident Register or Post-mortem Certificate, as

the case may be, shall be mentioned, whenever possible, in the

summons to medical witnesses.

(10) The Court may issue summons to official witnesses

through Heads of Departments in cases where their present address

is not definitely known. The Court may, in such cases, issue a

duplicate copy of the summons also direct to the witness either

through post or through electronic communication or through the

police in the address shown in the final report or complaint.

(11) Where the Police is not able to serve summons, it shall be

returned to the

Court on the date mentioned in the summons

together with an affidavit sworn by the police concerned detailing the

steps taken by him for effecting service on the witness or accused, as

the case may be.

(12) In cases instituted otherwise than on police report by

public servant, Courts may issue summons in duplicate to the accused

persons and witnesses for service through the

public

servant

concerned. Where the public servant is unable to serve the summons

despite due diligence, he shall return the same to the Court on the

date mentioned in the summons together with an affidavit detailing

the steps taken for effecting service of the summons.

(13) In cases instituted on private complaints by persons other

than public servants, sufficient number of copies of complaint for

service on each accused together with duly stamped envelopes and

acknowledgement cards/proof of delivery bearing the address of the

accused persons as shown in the complaint for the purpose of

despatching the same by Speed Post with proof of delivery or

Registered Post with Acknowledgment Due, shall be filed with the

process memorandum. The Head Ministerial Officer of the Court shall

affix the address of the Court on the envelope and acknowledgment

card, and despatch the summons and a copy of the complaint to the

addressee through the tapal section of the Court.

(14) The procedure set out in sub-rule (12) shall be applicable

to proceedings under Chapter IX of the Code, other miscellaneous

cases and miscellaneous petitions as the Court may direct.

(15) When the serving officer delivers or tenders the summons

to the person summoned or to his agent or other person on his

behalf, he shall require the signature of the person to whom the

summons is delivered or tendered and obtain an acknowledgment of

service endorsed on the duplicate with time and date. Where the

summons is served on the agent or other person, his name and

address shall be written on the duplicate. In the case of illiterate

persons, their thumb impression shall be taken and attested by a

witness. In cases where the summons is despatched by Registered

Post with Acknowledgment Due/Speed Post with proof of delivery, the

service of the envelope on the addressee or any other person on his

behalf may, in the opinion of the Court, be declared to be duly served.

(16) Summons intended to be served upon personnel belonging

to Armed Forces, Para Military Forces or any person residing outside

the State of Tamil Nadu or Union Territory of Puducherry, as the case

may be, shall be either in English or be accompanied by a translation

thereof in English. Such summons should also state that the return of

service or report of non-service, if not in English language, shall be

accompanied by English Translation certified by the Court to which it

has been transmitted for service.

Such summons may be served

through the respective battalion head.

(17) All summonses intended to be served on Members of

Parliament or of State Legislature shall be sent through police or the

public servant who has laid the complaint or by Registered Post with

Acknowledgment Due. Under no circumstances, they should be sent

to the Presiding Officer of the House for service on Members.

(18) Summons for the appearance as witness of the Presiding

Officer of a House of Parliament or of a State Legislature or the

Chairman of a Committee thereto or of any other person who is, in

the opinion of the Court, entitled to such mark of consideration, shall

be in Judicial Form No.2.

(19) Order requiring parties to put in written statements of their

claims under sub-section (1) of section 145 of the Code shall be in

Judicial Form No.8.

(20) In addition to other modes of service, including other

recognised electronic modes, the Court may issue summons to the e-

mail address of the accused and witness, if available.

30. Summons for production of document.−(1) Every

application for summons for production of a document shall be made

by a verified petition setting out.−

(i) the document, the production of which is believed to be

available;

(ii) the Authority or Person in whose custody the document is

available; and

(iii) the relevancy of the document.

(2) Unless the Court requires the production of the original,

every such summons to a public officer other than a Court, shall state

that he may produce, instead of the original, a copy certified in the

manner prescribed by section 76 of the Evidence Act, 1872 (Central

Act 1 of 1872).

(3) No Court shall issue summons for production of the original,

unless it considers its production of original is necessary. The Court

shall, in such case, record its reasons in writing.

(4) Nothing in the above rules shall prevent a Court of its own

motion from issuing a summons for the production of public records

or other documents in the custody of a public officer if it thinks it

necessary to meet the ends of justice to do so after recording the

reasons.

(5) On production of the document in original in obedience to

the summons, the Court, unless it thinks it necessary to retain the

original, shall direct a photocopy to be made by the Copyist

Department of the Court and after certifying the photocopy to be a

true copy of the original, return the original to the person who has

produced, under due acknowledgment in Judicial Form No.57.

Explanation. −Where documents or things, which are required to be

produced, are in the custody of Parliament or State Legislature, the

summons shall specify that the production of the documents or things

before the Court through any authorized officer shall be deemed to be

sufficient compliance.

(6) An application for the production of a document or record

from the custody of a Court shall specify the particulars of the

document or record and the Court in whose custody it is. Unless the

Court is satisfied that the production of the original is necessary, the

party shall be required to obtain and file certified copies thereof and

original shall not be sent for.

(7) When a Court finds it necessary to require the production of

the records of another Court, it shall address a letter of request to the

Presiding Officer of that Court.

(8) Summons for production of documents or things shall be in

Form No.33 of the Code.

31. Warrant.−

(1) The warrant shall bear the signature of the

Presiding Officer of the Court and the seal of the Court. Use of

facsimile stamps for signing warrant is prohibited. Warrant of arrest

shall be in Form No.2 of the Code.

(2) No warrant of arrest shall be issued unless the Court, for

reasons to be recorded in writing, deems it absolutely necessary.

(3) In cases instituted otherwise than on police report by a

public servant, the Court may direct the warrant of arrest to such

public servant for execution, who may take the aid of police.

(4)

Every

Court

shall

maintain

Process

Administrative Form No.13 (Criminal Register No.13) and the Court

and Police shall follow the instructions appended to the Form. Every

Court shall also maintain a Register of non-bailable warrants issued to

police stations in Administrative Form No. 14 (Criminal Register

No.14).

(5) A Police Officer or public servant shall obtain the warrant of

arrest from the Court after affixing his signature with his name,

designation, office address and date in the Process Register referred

to in sub-rule (4).

(6) Where a warrant of arrest is transmitted to another Court or

sent to the Police by post for execution, the Head Ministerial Officer

shall record the particulars of the arrest warrant in the register

referred to in sub-rule (4).

(7) An Officer to whom a warrant of arrest is directed, shall

send a report to the Court every thirty days beginning from the date

of receipt of the warrant until it is executed, detailing the steps taken

for executing the same. Every warrant of arrest shall bear the

following Post Script. “A report detailing the steps taken to execute

the warrant should be sent every thirty days until executed.” If the

warrant is not executed within a period of ninety days from the date

of its issue, the Court may direct a superior officer to execute the said

warrant.

(8)

When a Member of the Lok Sabha/Rajya Sabha/Legislative

Assembly is arrested on a criminal charge or for a criminal offence or

is sentenced to imprisonment by a Court or is detained under an

executive order, the committing Judge/Magistrate or Executive

authority, as the case may be, shall immediately intimate such fact to

the Speaker / Chairman / Speaker indicating the reasons for the

CHAPTER - VI

ABSCONDING ACCUSED

32. Cases of Absconding accused.−(1) Where the Court has

issued process for the appearance of an accused and the same could

not be served and if the Court is satisfied from the affidavit referred

to in sub-rule (11) of rule 29 and/or report under sub-rule (7) of rule

31 that the accused is in abscondence, the Court may, after having

waited for a reasonable time, proceed under section 82 of the Code,

notwithstanding the power of the Court to record evidence under

section 299 of the Code. Before recording evidence under section

299 of the Code, the Court shall record a finding that it has been

proved that the accused person has absconded and there is no

immediate prospect of arresting him.

(2)

If a case referred to under sub-rule (1) involves a single

accused against whom proceedings have been initiated under section

82 of the Code, the Court shall shift the case from the relevant

No.30 (Criminal Register No.30).

(3)

When there are two or more accused in a case and only

some of them have appeared or have been produced before the Court

and if the Court is satisfied that the presence of other accused cannot

be secured within a reasonable time, having due regard to the right of

such of the accused in attendance to have the case against them

enquired into or tried without delay, the Court may split up the case if

it is satisfied that such splitting up will cause no prejudice either to

the prosecution or to the accused in attendance and proceed with the

enquiry or trial as regards the accused who are in attendance.

(4) While splitting up the case as referred to in sub-rule (3), the

Court shall assign a fresh number to the split up case relating to the

absconding accused and enter the same in the relevant register of

the current year. The Court shall also indicate the number of the

parent case in brackets wherever the fresh case number is

mentioned.

(5)

The Court shall record the evidence of the witnesses in

the split up case under section 299 of the Code simultaneously while

recording the evidence in the parent case. It is not necessary for the

Court to complete the proclamation proceedings under section 82 of

the Code for recording evidence under section 299 of the Code

against the absconding accused.

(6) While recording the evidence of witnesses under section 299

of the Code, the Court may take as many copies as it deems

necessary for the purpose of furnishing to the absconding accused as

and when they appear or are produced before the Court.

(7) The copies of the records of the original case including

depositions of the witnesses and exhibits duly attested by the

presiding officer of the Court shall be filed in the split up case.

(8) When a Sessions Case is split up by the trial Court, the

same shall be immediately reported to the Court of Session and the

Court of Session shall assign a number to the split up case, enter the

same in the Sessions Register and communicate the number to the

trial Court forthwith.

CHAPTER - VII

PRELIMINARY ENQUIRIES (COMMITTAL PROCEEDINGS)

33. Committal proceedings.−(1) When it appears to the

Magistrate that the offence is exclusively triable by the Court of

Session, he shall cause the copies of the statements and other

documents be furnished to the accused as provided in section 207 or

section 208 of the Code. After the Magistrate is personally satisfied

that all the copies of statements and other documents as specified in

the said sections are supplied, the Magistrate shall commit the case to

the Court of Session under section 209 of the Code. While committing

the case for trial before a Court of Session, the Magistrate shall place

with the record, a statement of the case in Administrative Form No.33

(Criminal Register No.33).

(2)

No preliminary inquiry is required to be held and no

charge is to be framed by the Magistrate while committing the

accused to the Court of Session under section 209 of the Code.

(3)

It is not necessary to give reasons for committing the

case to the Court of Session, however, the formal order should be

passed by the Magistrate committing the case to the Court of Session

under section 209 of the Code.

(4)

Where it appears to the Magistrate that there is a case

and counter case, of which, one is triable by the Court of Session and

the other is triable by the Magistrate, he shall commit the latter case

also to the Court of Session under section 323 of the Code and shall

record reasons for such commitment.

(5)

The record of the case and documents should be properly

arranged and submitted to the Court of Session.

(6)

When any case is committed for trial before the Court of

Session, a descriptive list of any weapons, or other articles or

property connected with the case, shall form part of the record. If a

property has been entrusted to the custody of any person under

section 451 of the Code for safe custody, the same shall also be

mentioned in the list.

(7) (a) Where it is not practicable to send the properties with

the records as laid down under clause (c) of section 209 of the Code,

the committal Magistrate may retain the properties. The Court of

Session to which the case has been committed, shall call for the

properties as soon as taking cognizance under section 193 of the

Code and receive the same, if he decides to try the case. Where the

case is made over by the Principal Sessions Judge, the trial Court

shall call for the properties from the committal Court and receive the

same immediately.

(b) The valuable properties received by any Court at the first

instance, shall be photographed, verified with the assistance of an

independent appraiser, certified by the presiding officer and shall form

part of the records. Necessary entries shall be made in the Registers

mentioned in rule 58. The expenses for the same may be borne from

the contingent fund of the Court.

Court may also be verified with the aid of an independent appraiser at

the discretion of the receiving officer.

(d) The weight of the valuables should be noted against each of

the items in the property register in red ink and the valuables should

be sent to the nearest treasury for safe custody:

Provided that where in the opinion of the presiding officer, in any

particular case, it would be more convenient to have the valuables in

the iron safe of the Sessions Court, the Presiding Officer may keep

them in his custody in the Court.

(8)

In order to avoid harassment to the accused, it should be

the endeavour of every Magistrate to dispose of committal

proceedings as expeditiously as possible and in any event, within a

period not exceeding two months from the date of submission of the

charge sheet. Magistrates should report to the Chief Metropolitan

Magistrate or Chief Judicial Magistrate, as the case may be, the

reasons for not disposing of the committal proceedings within the

period of two months. The Chief Metropolitan Magistrate or the Chief

Judicial Magistrate, as the case may be, should then satisfy himself as

to whether the reasons stated are satisfactory and whether the

Magistrate should be allowed extension of time. He should then issue

such instructions to the Magistrate as he deems proper.

(9)

(a)

When a Magistrate commits the accused to the

Court of Session, he should question the accused as to whether he

desires to make his own arrangement for his defence in the Sessions

Court or whether arrangement should be made by the Sessions Court

to engage an advocate on his behalf. In the latter case, the

Magistrate should, while committing the case for trial, intimate the

Sessions Court accordingly.

(b)

If the accused is not to be represented by an advocate,

the Magistrate should inquire from the authorities or from other

source as to whether the accused has sufficient means to engage an

advocate. The Magistrate should report the result of his inquiry to the

Court of Session, as early as possible after the commitment to enable

the Court of Session to assign a defence advocate at the expense of

State under section 304 of the Code.

(10) When two or more persons are accused of the same

offence or of the offences arising out of the same transaction, the

Magistrate should not convict some and commit others to the Court of

Session. If any one of the accused is charged with an offence beyond

the jurisdiction of the Magistrate or with one which, in the opinion of

the Magistrate, ought to be tried by the Court of Session, all the

accused persons implicated, against whom there is

prima facie

evidence, should be committed for trial.

(11) In sending up the list of witnesses in cases committed to

Courts of Session, the Magistrate shall note how each witness has

been classified by him under the rules for the payment of the

expenses of witnesses.

CHAPTER - VIII

AFFIDAVITS

34. Affidavits.−(1) Every affidavit shall be drawn up in the

first person and be divided into paragraphs and shall be numbered

consecutively; each paragraph, as nearly as may be, shall be confined

to a distinct portion of the subject matter.

(2) Every affidavit shall state the full name, age, description

and place of abode of the deponent and shall be signed or marked by

him. The description shall include the father's or husband's or

mother's names and such other particulars, as may be necessary, to

identify the person.

(3) When an affidavit covers more than one sheet of paper, the

writing shall be on both sides of the sheet and the deponent shall sign

his name or affix his mark at the foot of each page of the affidavit.

(4) Alterations, erasures and interlineation shall, before an

affidavit is sworn or affirmed, be authenticated by the person before

whom the affidavit is signed or marked. No affidavit having therein

any alteration, erasure or interlineation not so authenticated shall,

except with the leave of the Court, be filled or made use of in any

manner.

(5) The person before whom the affidavit is sworn or affirmed

shall state the date on which and the place where the same is made

and sign under his name and designation at the end; otherwise, the

same shall not be filed or read in any manner without the leave of the

Court.

(6)

Where an affidavit is sworn or affirmed by any person who

appears to the person authenticating the affidavit to be illiterate,

visually impaired or unacquainted with the language in which the

affidavit is written, the person authenticating shall certify that the

affidavit was read, explained and translated by him or in his presence

to the deponent, that the deponent seemed to understand it and

made his signature or mark in the presence of

the person

authenticating it; otherwise the affidavit shall not be valid.

(7) Identification of deponent.−(i) If the deponent of an

affidavit is not known to the person authenticating the same, the

identity of the deponent shall be caused to be testified by any person

known to him who shall attest the signature or mark of the deponent

in token thereof.

(ii) Where the deponent is a pardanashin lady, she shall be

identified by a person who knows her and that person shall verify the

identification by a separate affidavit.

(8)

Documents mentioned in and accompanying an affidavit

shall be marked in the same manner as exhibits admitted by the

Court.

(9)

Every affidavit stating any matter of opinion shall show

the qualification of the deponent to express such opinion, by

reference to the length of experience, acquaintance with the person

or matter as to which the opinion is expressed or other means of

knowledge of the deponent.

(10) Every affidavit shall clearly express how much is a

statement of the deponent's knowledge and how much is a statement

of his belief. The grounds of belief must be stated with sufficient

particularity to enable the Court to judge whether it would be safe to

act upon the deponent's belief.

(11) The Court may, at any time, direct the deponent to attend

to be cross-examined on his affidavit if required so by the adverse

party.

CHAPTER - IX

EXAMINATION OF WITNESS ON OATH AND AFFIRMATIONS

35. Swearing in of witnesses.−Subject to the provisions of

the Oaths Act, 1969 (Central Act 44 of 1969), every witness and

every interpreter shall take an oath or make an affirmation before he

is examined or called upon to interpret.

36. Officer administering oath.−The oath to witnesses and

interpreters shall be administered in open Court by the Presiding

Officer or by such other person empowered by him in this behalf or

where the witness is examined on commissions by the Commissioner.

37. Form of Oath.−(1) The following shall be the form of oath

to be taken by the witness:

"I do swear in the name of God that what I

shall state shall be the truth, the whole truth

and nothing but truth".

(2) Witness who objects to make an oath may solemnly affirm

in the following form:

"I do solemnly affirm to my conscience that

what I shall state shall be the truth, the whole

truth and nothing but truth".

38.

Form of oath by interpreter.−

When a witness is

examined with the aid of an interpreter, the interpreter shall also be

administered an oath or affirmation in the following form:−

“I do swear in the name of God / I

solemnly affirm to my conscience that I will well

and truly interpret and explain all questions put to

and evidence given by witnesses".

39. Translation of oath by interpreter.−When the witness is

unable to understand the language in which the oath or affirmation is

administered, the oath or affirmation shall be translated by the

interpreter and put to the witness and the witness allowed to take the

oath or affirmation in the language known to him.

40. Police officers not to be employed as interpreters.−

Police Officers shall not be employed to interpret the evidence of

witnesses in cases prosecuted by the police.

41. Competence of a witness.−The Court may test the

competence of a witness under section 118 of the Evidence Act

(Central Act 1 of 1872) by holding a summary inquiry.

42. Deposition of a witness.−(1) In the heading of the

deposition of witnesses, the full name, including the family name of

the deponent, if any, and his or her father's or mother's or husband's

name shall be recorded. The heading shall also state the age,

profession and residence of the

witnesses. The name of the

interpreter, if any, shall be written below the particulars stated above.

[vide Judicial Form No.53].

(2)

While recording the evidence of witnesses,−

(a)

Usage of abbreviations should be avoided,

e.g., A.N. for afternoon and instead, the full form should

be used;

(b)

The name of the particular accused should

be specifically mentioned adding within brackets, the

rank of the accused, eg., name (A1), name (A2), etc.;

(c)

In Sessions Cases, the medical evidence

shall contain with precision the nature and effect of the

injuries, the time of death, etc.

43. Certificate.−(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".

(2)

When a witness is recalled, the Court shall furnish him,

his deposition recorded earlier for him to refresh his memory, before

his examination-in-chief/cross.

44. Examination of witness.−The Court may, having regard

to the circumstances of any particular case, order the examination of

any witness in camera.

45. Evidence as to the age of the accused.−In every case

in which the precise age of an accused person is relevant, evidence

shall be taken on the question and whenever necessary, the opinion

of an expert shall be obtained.

46. Allowing witness to sit or stand.−(1) The presiding

officer may require a witness to sit or stand while recording his

testimony.

(2) The presiding officer may, as far as practicable, provide a

seat for the accused in the Court during the inquiry or trial, as the

case may be.

47. Certain departmental officers to be allowed to sit in

Court.−

A police officer of,

and above the rank of,

Deputy

Superintendent of Police/Assistant Commissioner of Police, an officer

of the gazetted rank of other departments and an expert may sit

beside the prosecuting officer in the Court hall. Others may sit in the

place earmarked for visitors.

48. Remuneration to the Interpreter.−The presiding officer

of the Court may sanction reasonable remuneration and expenditure

to the interpreter to be paid by way of cash as prescribed by the High

Court, from time to time.

49. Marking of exhibits.−(1) Exhibits admitted in evidence

shall be marked as follows in Judicial Form No.68.−

(i) If filed by the prosecution, the marking shall be

as Ex-P followed by numerical. Illustration, Ex-P.1, Ex-

P.2, Ex-P.3, etc.

(ii) If filed by the defence, the marking shall be as

Ex-D followed by numerical. Illustration, Ex-D.1, Ex-D.2,

Ex-D.3, etc.

(iii) If Court exhibits, the marking shall be as Ex-C

followed by numerical. Illustration, Ex-C.1, Ex-C.2, Ex-

C.3, etc.

(iv) If filed by any other person, the marking shall

be as Ex-X followed by numerical. Illustration, Ex-X.1,

Ex-X.2, Ex-X.3, etc.

(v)

When documents are marked as exhibits,

utmost care should be taken to see that while making any

endorsement or exhibit marks or affixing the Court seal

on documents, material portions of such documents are

not defaced or obliterated or smudged.

(2) All exhibits marked by several accused shall be marked

consecutively.

(3) All material objects admitted in evidence shall be marked as

follows:−

(i) If submitted by the prosecution, the marking shall be as

PMO followed by numerical. Illustration PMO-1, PMO-2, etc.

(ii) If submitted by the defence, the marking shall be as

DMO followed by numerical. Illustration DMO-1, DMO-2, etc.

(iii) If Court material objects, the marking shall be as CMO

followed by numerical. Illustration CMO-1, CMO-2, etc.

(iv) If submitted by any other person, the marking shall be

as XMO followed by numerical. Illustration XMO-1, XMO-2,

etc.

50. Procedure for examination of child victim.−(1) A

screen or some such arrangements may be made where the victim or

witnesses (who may be equally vulnerable like the victim) do not

directly see the accused.

(2)

The questions put in examination on behalf of the accused

insofar as they relate directly to the incident, should be given in

writing to the Presiding Officer of the Court, who may put them to the

victim or witnesses in a language which is clear and is not

embarrassing.

(3)

The victim of child abuse or rape, while giving testimony

in Court, should be allowed sufficient breaks as and when required.

51. Recording of evidence through video conferencing.−

The Court may record the evidence of a witness through video

conferencing after recording the reasons. The Court may, in its

judicial discretion, adopt a fair and just procedure so as to ensure

that the witness whose evidence is recorded through video

conferencing is not tutored to give answers after ensuring that the

witness is not in the company of anybody at that time. Such evidence

shall be recorded in the presence of the accused or his advocate. The

evidence of witness shall be typed contemporaneously and shall be

read over to the witness at the end of deposition. Thereafter, the

Judge shall certify as follows:−

"Taken down by me / before me, interpreted/read

over to the witness and admitted by him to be

correct."

It is also permissible for the Court to adopt the above procedure

where a witness in a case is a prisoner in another case.

CHAPTER - X

GENERAL INSTRUCTIONS TO ALL CRIMINAL COURTS

52.

Submission of reports, records,

etc., to Chief

Metropolitan

Magistrate/Chief

Judicial

Magistrate

Magistrates.−Every Magistrate shall submit such forms, records,

reports and returns as may be called for by the Chief Metropolitan

Magistrate/Chief Judicial Magistrate.

53. Copying fees.−(1) (i) Copies of records will be granted to

persons authorized to receive them upon payment of copying and

examining charges, which will be levied at the rate fixed by the Tamil

Nadu Court Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of

1955) or the Puducherry Court Fees and Suits Valuation Act, 1972

(Puducherry Act 6 of 1973) or any other law, as the case may be, in

the form of stamp papers, except in cases where under law, such

copies should be furnished free of cost. The payment of copying

charges shall not affect the payment of fees under the said Tamil

Nadu Act XIV of 1955 or the said Puducherry Act 6 of 1973 or the

exemptions from such payments, when the copies are exhibited in

Courts. No party or advocate will be allowed to make copies of

record either personally or by agent, by any means.

(ii) Applications for copies of records must bear a Court fee

stamp, as prescribed by the said Tamil Nadu Act XIV of 1955 or the

said Puducherry Act 6 of 1973 or any other law for the time being in

force, as the case may be.

(2) Everyday a list showing (i) the number of additional stamp

papers required in each application in which records have been

received and (ii) the applications found to be defective in any respect,

shall be prepared and affixed on the notice board of the Court. Such

list shall remain on the notice board for seven days. If on or before

the working day next after the expiry of seven days, the additional

stamp papers required are not furnished or the defects in the

application are not remedied, the application shall be struck off.

54. Rules relating to fines apply to other sums like fees,

taxes, etc..−The rules relating to fines shall also apply to all other

money such as fees, taxes, etc., that are imposed or assessed by a

Magistrate and are recoverable as fines.

55. Imposition of fine to be entered forthwith in the

register of fines.−

The imposition of a fine shall, irrespective of its

collection on the same day, be brought into account and entered in

the Register of fines in Administrative Form No.25 immediately. In

the case of fines imposed by the evening Courts, all fines collected in

the evening shall be entered in a separate fine register. Administrative

Form No.25 (Criminal Register No.25) shall be used by all the Courts,

including Metropolitan Magistrate Courts.

56. Licence fee and tax recovered under the Local Bodies

Act – Mode of accounting.−Licence fee and tax received under the

Local Bodies enactments may be deposited either into the “Criminal

Court Deposits” or into the Head of Account—“Local Bodies”. Where

the said amount is deposited into the “Criminal Court Deposits”, the

same shall be credited into the account of the Local Body concerned

by the 5^thday of the succeeding month.

57.

Material objects to be labelled.−Each material object

should have, attached or affixed to it, a label to show the number of

the case to which it relates and the party from whom it has been

received. The label should also bear the number of the item in the

property register. The label should be printed in the following form:-

Property Register No.

Case No.

Name of the person

From whom received with address

The property so labelled shall be kept in the property room of the

Court. The Presiding Officer of the Court shall have custody of the

keys of the property room.

58. Register of material objects.−

(1)

A register of

properties deposited in Court shall be maintained by the Head

Ministerial Officer in all Courts in Administrative Form No.19 (Criminal

Courts shall maintain such register in Judicial Form No.70. Each

material object should be fully described in these registers.

(2)

A fresh Register of Properties in Administrative Form

No.19 (Criminal Register No.19) shall be opened every year and the

pending item numbers of the outstanding case properties shall be

noted in red ink in the first page of the new Property Register and

their disposal to be watched. Valuable items including properties such

as vessels, etc., shall be brought forward every year in the new

Property Register. The Presiding Officer concerned shall furnish a

certificate in the first page of the Property Register of the new year to

the above effect.

(3)

The currency notes and coins, if any, seized during the

course of investigation by the police/investigating agencies, in

prohibition cases, etc., have to be produced before the Court under

Police Form as case properties.

(4)

Such properties shall be checked and received by the

Court

and

entered

the

Material

Objects

Administrative Form No.19 (C.R. No.19).

(5)

Such properties shall not be remitted into Treasury under

the

head

"Criminal

Court

Deposit"

returned

the

police/investigating agency concerned for safe custody and directing

them to produce the same to the Court at the time of trial.

(6)

Such properties shall be kept in a sealed box in the

Treasury and during the trial be brought to the Court for marking

them as material objects on proper identification.

(7)

After termination of the trial and orders passed, such

properties shall be returned to the person entitled to receive the

same or be remitted into the Treasury.

(8) All the Judicial Officers shall ensure that the details of case

properties are duly entered in the Property Register then and there

and the Property Register is maintained properly.

59.

Checking

valuable

properties.−

The

Chief

Metropolitan Magistrate or Chief Judicial Magistrate, as the case may

be, shall nominate a Magistrate, once in six months, to inspect the

valuable properties in different Magistrate Courts, within his

jurisdiction in the presence of the Magistrate concerned and the

Magistrate so nominated shall inspect the valuable properties of that

Court with reference to the property register and submit a verification

report to the Chief Metropolitan Magistrate or Chief Judicial

Magistrate, as the case may be.

60. Material Objects to be retained until appeal time is

over.−Material objects should not, in the absence of special urgency

and without the orders of a Magistrate, be returned to the parties,

destroyed or otherwise disposed of until the time for appeal or

revision has expired or where an appeal or revision is pending, until it

is disposed of.

61.

Production of case properties and payment of

transport charges in certain cases.−

Where

any

property

including livestock is entrusted to a party for being produced before

the Court at the time of the hearing and is accordingly produced, the

Court may order the payment of reasonable charges incurred for their

production.

62.

Register of Calendar and Preliminary Register

cases.−Register in Administrative Form No.4 (Criminal Register

No.4) shall be maintained in each of the Courts at George Town,

Saidapet and Egmore and separate numbering shall be assigned to

each class of cases e.g., municipal cases, cases relating to Motor

Vehicles, Society for Prevention of Cruelty to Animals cases, etc., and

in mofussil, separate register in Administrative Form No.4 (Criminal

Courts which have jurisdiction to take cognizance of an offence

without committal proceedings shall also maintain a register in

Administrative Form No.4 (Criminal Register No.4). After taking

cognizance of the offence, the Court shall make necessary entry in

the said register. In respect of maintenance petitions, the Family

Courts and Magistrates shall maintain a register in Administrative

Form No.5 (Criminal Register No.5) and the case shall be numbered

as “Maintenance Case”. In respect of inquiry under section 340 of the

Code, the same shall be entered in Administrative Form No.5

(Criminal Register No.5) and the case shall be numbered as

“Miscellaneous Judicial Case”. Complaints filed after the enquiry

under section 340 of the Code shall be numbered as Calendar Case in

Administrative Form No.4 (Criminal Register No.4).

63. Register of Court fees, process fees, memorandums

and

petitions.−

Court

fees,

process

fees,

memorandums

and petitions received shall be maintained in

Administrative Form No.12 (Criminal Register No.12). Memorandum

and petitions maintainable in law and presented in the open Court

shall be received by the Court and after affixing the Court seal, be

entered in the said register.

64. Register of payment of batta to witnesses in State

cases.−A register of payment of batta to witnesses in cases to which

the State is a party shall be maintained in Administrative Form No.28

(Criminal Register No.28) by the Metropolitan Magistrates also and

the daily payment carried over to the "Daily Cash Balance Register"

by the Metropolitan Magistrates shall be entered in Administrative

Form No.56.

65. Diary Register.−All Courts shall maintain a daily diary

Court of India, pursuant to the e-Court's Case Information System.

66. Hearing Book.−

All Courts including the Courts of

Metropolitan

Magistrates,

shall

maintain

Hearing

Book

Administrative Form No.15 (Criminal Register No.15).

67.

Register of Inquiries and Trials and Register of

Punishments.−All Courts including the Courts of Metropolitan

Magistrates, shall maintain a Register of Inquiries and Trials and

respectively. (Criminal Register Nos.7 and 8, respectively).

68. Register of long pending cases.−All Courts including

Courts of Metropolitan Magistrates, shall maintain a Register of long

pending cases (adjourned sine die in e-Court's Case Information

System parlance) in Administrative Form No.30 (Criminal Register

No.30).

69.

Prisoners not to be released immediately on

acquittal.−

A prisoner shall not be discharged from custody

immediately on judgment of acquittal being pronounced upon him by

the Court and he shall be taken back to the prison and released by

the Superintendent of Prison after being satisfied that he is not

required in any other case. The Court shall retain the remand warrant

and make necessary endorsement in the nominal roll book about the

acquittal of the prisoner and the Superintendent of Prison shall hand

over the cash and other properties of the prisoner at the time of his

release so as to avoid their accumulation.

70. Levy of fine to be notified to prison authorities by

Court in cases of sentence of imprisonment and fine.−When a

Court imposes a fine in addition to imprisonment and the whole or

part of the fine is paid or recovered, the Court shall endorse the fact

of such payment or recovery on the warrant of commitment in Judicial

Form No.45, or, if that has already been issued, shall notify the fact of

the payment or recovery to the prison authorities concerned in

Judicial Form No.56.

CHAPTER - XI

EXECUTION OF SENTENCES & DISPOSAL OF PROPERTIES

WARRANT OF COMMITMENT

71. Separate warrant for each prisoner.−When

two

more persons are convicted and sentenced to imprisonment at the

same time, a separate warrant of commitment in Judicial Form No.21

shall be issued for each one of them with the seal of the Court.

72. Convicts to be classified as “Habitual” or “Casual”

and their diet specified.−(1) Whenever possible a Court which

convicts an accused person should decide whether he is to be

classified as an “habitual” or “casual” convict and make a note of the

decision on the warrant of commitment for the information of the

prison authorities. The presiding officer shall also recommend in his

own handwriting in the committal warrant, the diet, viz., rice or

wheat, as the case may be.

The following persons are liable to be

classified as “habitual offfenders”, viz.,-

(i)

any person convicted of an

offence punishable under

Chapters XII, XVII and XVIII of the Indian Penal Code, 1860 (Central

Act XLV of 1860) whose previous conviction or convictions, taken in

conjunction with the facts of the present case, show that he is by

habit a robber, house-breaker, dacoit, thief, or receiver of stolen

property, or that he habitually commits extortion, cheating,

counterfeiting coin, currency notes or stamps, or forgery;

(ii) any person convicted of an offence punishable under

Chapter XVI of the Indian Penal Code, 1860 (Central Act XLV of 1860)

whose previous conviction or convictions, taken in conjunction with

the facts of the present case, show that he habitually commits

offences against the person;

(iii) any person committed to, or detained in, prison under

section 122 (read with section 109 or section 110) of the Code;

(iv) any person convicted of any of the offences specified in

sub- rule (1), when it appears from the facts of the case, even though

no previous conviction has been proved, that he is, by habit, a

member of a gang of dacoits, or of thieves, or a dealer in slaves or in

stolen property; and

(v) any person convicted by a Court or Tribunal acting outside

India under the general or special authority of the Central

Government of an offence which would have rendered him liable to be

classified as a habitual offender if he had been convicted in a Court

established in India.

(2) The classification of a convicted person as a habitual

offender should ordinarily be made by the convicting Court, but if the

convicting Court omits to do so, such classification may be made by

the Chief Metropolitan Magistrate / Chief Judicial Magistrate, or in the

absence of an order by the convicting Court or Chief Metropolitan

Magistrate / Chief Judicial Magistrate, and pending the result of a

reference to the Chief Metropolitan Magistrate / Chief Judicial

Magistrate, by the officer in-charge of the prison, where such

convicted person is confined:

Provided that any person classified as a habitual offender may

apply for the revision of the order.

(3) The convicting Court or the Chief Metropolitan

Magistrate / Chief Judicial Magistrate may, for reasons to be

recorded in writing, direct that any convicted person or any

person committed to, or detained in, prison under section 122

read with section 109 or section 110 of the Code, shall not be

classified as a habitual offender and may revise such direction.

(4) Convicting Courts or Chief Metropolitan Magistrate or

Chief Judicial Magistrate, as the case may be, may revise their

own classifications and the Chief Metropolitan Magistrate / Chief

Judicial Magistrate may alter any classification of a prisoner made

by a convicting Court or any other authority, provided that the

alteration is made on the basis of facts which were not before

such Court or authority.

(5) Every habitual offender shall, as far as possible, be

confined in a special prison in which no prisoner other than

habitual offfenders shall be kept:

Provided that the Inspector General of Prisons may transfer

to this special prison, any prisoner, not being a habitual offender,

whom, for reasons to be recorded in writing he believes to be of

so vicious or depraved a character and to exercise or to be likely

to exercise so evil an influence on his fellow prisoners that he

ought not to be confined with other non-habitual prisoners, but a

prisoner so transferred shall not otherwise be subject to the

special rules affecting habitual offenders.

Explanation:- For the purpose of this rule, the word “conviction”

shall include an order made under section 117 read with section 110

of the Code.

73. Levy of fine to be endorsed on the warrant or notified

to the prison authorities.−When an accused person is sentenced

to imprisonment as well as, or in default of payment of a fine, the

warrant in Judicial Form No.21 issued to the prison authorities shall

contain definite information as to whether the fine has been paid, or

not, in whole or in part. If the warrant does not furnish this

information, a reference shall forthwith be made by the prison

authorities to the convicting Court to ascertain whether the fine has

been paid and the purport of the reply shall be noted on the warrant.

74. Subsequent levy of fine to be notified to the prison

authorities.−When the fine is paid or recovered in whole or in part

after the admission of the prisoner into prison, the responsibility for

intimating to the prison authorities the fact of the payment rests

entirely with the Court. Such intimation shall be made in Judicial Form

No.56 and the same shall invariably be acknowledged by the prison

authorities and the acknowledgment shall be filed by the Court for

future reference. On receipt of the intimation from the Court, the

prison authorities shall endorse the information on the warrant.

Intimation sent by post by the Court under this rule shall be

registered with Acknowledgment Due.

75. Intimation from Court to bear its seal.−Intimations

sent by a Court to the Superintendent of a Prison that a fine which

the prisoner has been ordered to pay has been paid or recovered in

whole or in part shall bear the seal of the Court.

76. Sentences of imprisonment how calculated.−(1) In

calculating sentences of imprisonment, the day on which the sentence

is passed and the day of release ought to be included and considered

as days of imprisonment; for example, a man sentenced on the 1^st

January to one month’s imprisonment should be released on the 31^st

January and not on the 1^stFebruary.

CHAPTER - XII

JUDGMENT OF CONVICTION FOR TWO OR MORE

OFFENCES

78.

Judgment to specify offence in respect to which

sentence is passed.−(1)

When an offender is convicted of two or

more offences and it is competent to the Court to award more than

one sentence, the Court shall, in its judgment, declare in respect of

which offence or offences, sentence awarded is imposed.

(2)

When a Court convicts and sentences an accused on a day

in more than one case, the Court shall specifically state whether the

sentences in the cases should be undergone concurrently or

consecutively. If the Court orders the sentences to run consecutively,

it should also specify the order, case-wise, in which the sentences

should be served consecutively by the accused.

79. Sub-section under which convicted to be stated.−

When an accused person is convicted under a section of the Indian

Penal Code, 1860 (Central Act XLV of 1860) or other law, which

contains several sub-sections with different punishments prescribed

for the various offences dealt with, the judgment shall state under

which sub-section, the accused was charged and convicted.

80. Judgment to state whether previous conviction was

proved or confessed.−When enhanced punishment is awarded on

account of previous conviction, it should appear in the judgment that

the previous conviction was charged and proved or confessed.

81.

Particulars of previous convictions when to be

stated.−Particulars of previous convictions and sentences shall be

stated at the end of the judgment (whether original or appellate) in

all cases where the rules require a judgment to be submitted. Where

no judgment is required to be submitted, but only a tabular

statement (whether month or otherwise), particulars of previous

convictions and sentences shall be invariably entered in the column of

remarks in Judicial Form No.60. This rule does not apply to cases of

acquittal.

82. Sentences of fine and what the calendars in such

cases are to contain.−Any Magistrate sentencing an accused

person to the payment of a fine with imprisonment in default of such

payment should allow him reasonable facilities for payment of fine.

The calendars in such cases shall contain information in the column

for remarks in Judicial Form No.60 as to the payment of fine and the

orders passed to facilitate such payment.

83. Designation of the Presiding Officer to be noted and

signature in fair copy.−The Presiding Officer shall indicate in the

calendar, below his signature, his designation. Where the Presiding

Officer who has pronounced the judgment and has signed or initialled

the same is not available for any reason, his successor can sign the

fair copy of the judgment. Such fair copy of the judgment must show

on its face itself, the name of the officer who pronounced the

judgment, in addition to the name of the officer who signed the fair

copy as a true copy of the original judgment.

84. Copy of judgment when to be sent to the Head of

Department.−

Where, in a judgment or order, a Court impugns the

character or conduct of a public servant, the Court shall forward a

copy of the judgment or order to the Head of the Department or the

immediate superior of the public servant concerned.

85. Government officials - judgment to be furnished to

the Heads of Departments.−In a case where a public servant is

charged with a criminal offence, a copy of the judgment or order shall

be furnished by the Court to the Head of the Department concerned,

free of charge.

86. Copy of judgment when

to be sent to Chemical

Examiner.−The Court shall forward a copy of its judgment or final

order to the Forensic Sciences Laboratory in all cases in which

reference was made to the said laboratory for expert opinion.

87.

Copy

judgments

furnished

the

prosecution.−In a case of acquittal or discharge, where, the State,

for the purpose of filing an appeal or revision against the order,

applies for a copy of the judgment or order, the Court shall supply

copies of the same free of cost.

88. Copy of judgment when to be sent to the hospital.−

In cases where the accused who has been a mental patient is referred

to the Court for trial after treatment, the Court shall supply a copy of

the final order or judgment free of cost to the hospital concerned.

89. Supply of copies of orders under section 298 of the

Code.−Certified copies of calendar extracts/judgments on plain

paper relating to previous convictions in any case, shall, on an

application, be supplied, free of cost to the prosecuting agency for the

purpose of section 298 of the Code.

90. Service of notices issued by the High Court.−(1) All

notices issued by the High Court under section 392 and sub-section

(2) of section 395 of the Code shall be issued in duplicate and shall be

served as expeditiously as possible and the duplicate copy with the

endorsement of service if effected should be submitted to the High

Court without delay.

(2)

When notices are received by the Subordinate Courts

from High Court in Writ of Habeas Corpus Petitions, they shall be

served or caused to be served forthwith giving them top priority and

return the notices with the endorsements before the hearing date to

the High Court.

91.

Production of prisoners not permitted in some

cases.−No State prisoner or prisoner under sentence of death shall

be removed under the Prisoners (Attendance in Courts) Act, 1955

(Central Act 32 of 1955) from the prison in which he may be confined

without the special sanction of Government, except in the case of a

prisoner under sentence of death whose presence is required by a

Sessions Judge or High Court for the purpose of taking additional

evidence in the case under section 391 of the Code. In all other cases

in which the evidence of such a prisoner is required, the Court shall

proceed to prison and record the evidence of the prisoner there,

unless the Government have sanctioned his removal from the prison

to the Court-house for the purpose.

92. Production of prisoners in other cases.−(1) Any Court

may, if it thinks fit that the evidence of any prisoner, other than that

mentioned in rule 91, is material in any matter pending before it,

make an order in Form No.37 of the Code directing the officer-in-

charge of the prison wherein such prisoner is confined to produce

before the Court.

(2)

Any Court may, if a charge of an offence against a person

confined in any prison is made or pending before it, make an order in

Form No.36 of the Code directing the officer-in-charge of the prison

wherein such prisoner is confined to produce before the Court.

93.

Magistrate taking action under section 144 of the

Code to communicate the order to the Civil Court.−Whenever a

Magistrate takes action under

section 144 of the Code or any

analogous provisions of law, he should immediately communicate a

copy of his order to the Civil Court having original jurisdiction over

the locality to which his proceedings refer. Similarly, the Civil Court

will communicate to the Magistrate having local jurisdiction, any

injunction issued by it with reference to matters which would fall

within the scope of section 144 of the Code.

CHAPTER – XIII

INQUIRY INTO CUSTODIAL DEATH/DISAPPEARANCE/RAPE

94.

Death or disappearance or rape while in custody.−

(1) Any information relating to the death or disappearance of any

person or rape of a woman while in custody of the police or in any

other custody authorised by a Magistrate or Court, shall be registered

as a case under section 154 of the Code.

(2)

On receipt of information of an occurrence referred to in

sub-section

(1-A) of section

176 of the Code, the

Judicial

Magistrate/Metropolitan

Magistrate,

whose

jurisdiction

the

occurrence has taken place, shall hold an enquiry.

(3)

During such inquiry under sub-section (1-A) of section

176 of the Code, the Judicial Magistrate / Metropolitan Magistrate

shall have the power to record evidence on oath.

(4)

On completing the inquiry, the Judicial Magistrate /

Metropolitan Magistrate shall draw a report and keep the statements

of the witnesses, documents collected and the report drawn by him as

part of case records.

(5)

The Judicial Magistrate / Metropolitan Magistrate shall

furnish copies of the statements of the witnesses recorded during

inquiry under sub-section (1-A) of section 176 of the Code, the

documents collected and the report drawn by him to the investigating

police officer without delay.

(6)

The investigating police officer shall, without being

hindered by the inquiry by the Judicial Magistrate / Metropolitan

COURT OF SESSION

CHAPTER – XV

COURT SEAL AND NUMBERING OF CASES

97.

Description of the seal of a Court of Session,

Additional Session and Assistant Session.− (1) The seal of every

Court of Session, Additional Session and Assistant Session shall be a

circular seal, two inches in diameter, bearing the Tamil Nadu State

Emblem, with the motto “tha;ikna bty;Y«;” in Tamil script

inscribed in an arc following the border of the Emblem (but without

any border lines) and with the designation of the Court in Tamil, “the

Court of Sessions to the Division” inscribed on the seal within two

concentric circles around the Emblem but without the words

“Government of Tamil Nadu”.

(2)

In respect of the Union Territory of Puducherry, such seal

shall be circular with two concentric circles around the national

emblem with the words “Sathyameva Jayathe” in Devanagari script at

the bottom of the symbol with the name of the Court inscribed

between the circles.

(3)

When new seals are required, Courts of Session shall

indent for them on the Public Works Workshop, sending their indents

through the Registrar General of the High Court.

CHAPTER - XVII

DEATH SENTENCE

101. Copy of letter of reference in referred trials.−Copy

of the Judge's letter of Reference shall be supplied immediately to a

prisoner sentenced to death.

102. Order of the High Court and the Supreme Court to

be communicated to the Superintendent of Prisons.−

(1)

Sessions Judges shall make arrangements for communicating every

order of the High Court and of the Supreme Court imposing,

confirming, reversing or committing a sentence of death to the

Superintendent of the Prison where the prisoner is confined within

twenty four hours of the receipt of the order.

(2)

In the case of an order of the High Court confirming or

imposing a sentence of death, the warrant for executing that

sentence shall not be issued by the Sessions Judge until after the

dismissal of the appeal to the Supreme Court or of the application for

special leave to appeal to the Supreme Court, or, in case no such

appeal has been preferred or no such application has been lodged,

until after the expiry of the period allowed for an appeal to the

Supreme Court or for lodging of an application for special leave to

appeal to the Supreme Court.

(3)

If the sentence of death has been passed on more than

one person in the same case and if an appeal to the Supreme Court

or an application for special leave to appeal to the Supreme Court is

lodged by or on behalf of only one or more, but not all of them, the

warrant for execution of the sentence shall be postponed in the case

of all such persons and not only in the case of the persons or person

by whom or on whose behalf the appeal or the application is lodged.

103. Issue of warrant of execution of death sentence.−

Subject to the provision of sub-rule (2) of rule 102, the Sessions

Judge shall, in the case of an order confirming or imposing a sentence

of death received under sub-rule (1) of rule 102, issue a warrant in

Form No.42 of the Code (suitably amended with regard to cases in

which a sentence of death is imposed in appeal) accompanied by a

copy of the judgment in the appeal, and shall appoint therein as the

date of execution a day not less than 21 days and not more than 28

days from the date of expiry of the period specified in sub-rule (2) of

rule 102.

104.

No fresh warrant to be issued in cases under

sections 432, 433 or 434 of the Code.−In a case in which the

Central Government or the State Government suspends, remits or

commutes a sentence under section 432, 433 or 434 of the Code,

and, in a case in which the President or the Governor, under Article

72 or Article 161 of the Constitution of India, respectively, grants

pardon, reprieve or remission, no fresh or revised warrant need be

issued.

CHAPTER - XVIII

JUDGMENT

105. Judgment to show if accused was defended.−In the

heading of the judgment, it should invariably be noted whether the

accused, or any of them, was defended by an Advocate. The name of

the police station concerned and the crime number of the offence

should also be noted at the heading of the judgment or charge.

106. Judgment to contain certain particulars.−(1) The

judgment in original decision

shall, apart from the particulars

prescribed by section 354 of the Code, also contain a statement in

tabular form giving the following particulars, viz.,

Serial Number

Name of the Police Station and the Crime Number of the offence

Description of the Accused

Date of

Explanation of delay

Name

Father's name

Occupation

Residence

Age

Occurrence

Complaint

Apprehension

Release on bail

Commitment

Commencement of trial

Closure of trial

Sentence or order

Service of copy of judgment or finding on accused

Note.−(i) Date of complaint in column 9 shall be the date of

the filing of the charge sheet in respect of case instituted on police

report and the date of filing of the complaint in respect of other

cases;

(ii)

Date of apprehension in column 10 shall be the date of

arrest;

(iii)

Date of commencement of trial in column 13 shall be−

(a)

in summons cases, the date on which the

particulars of the offence are stated to the accused under

section 251 of the Code;

(b)

in warrant cases instituted on police report, the

date on which the documents under section 207 of the

Code are furnished to the accused and the Magistrate

satisfies himself of the same under section 238 of the

Code;

(c)

in other warrant cases, when the recording of

evidence is commenced under section 244 of the Code;

(d)

in Sessions trials, when the charge is read out

and explained to the accused under section 228 of the

Code.

(2)

Only two copies of this statement are required, one copy

for record and one for transmission to the High Court. The one for

record may conveniently be written up in a list to be bound up by

way of index with clear copies of the judgments for each year.

(3)

Judicial Form No.61 shall also be annexed to the

judgment.

108. Distribution of copies of judgments.−(1) Every Court

shall host the judgment in the official website on the date of its

pronouncement.

(2)

Every Court of Session shall, within fourteen days from

the date of pronouncing the judgment, distribute copies of the

judgment free of cost as follows:−

(i) One copy to the committal Court;

(ii) One copy to the District Collector;

(iii) One copy to the Commissioner of Police or

Superintendent of Police of the District, as the case may be;

(iv) One copy to the investigating agency through

the Prosecutor concerned;

(v)

One copy to the High Court as provided for in

the rules relating to the submission of judgments and

calendars;

(vi)

Three copies to the High Court as provided for

in the rules relating to the submission of records;

(vii)

Two copies (in respect of each prisoner) to the

Superintendent of the

Prison to which the prisoner is

committed

when

such

prisoner

sentenced

imprisonment (one copy for being filed with the warrant of

committal or used for the purpose of memorializing to the

Government if required, and the other copy for the use of

Probation Officer to enable him to give an accurate report

regarding the premature release of the prisoner under the

Advisory Board Scheme);

(viii) Two

copies

(for

each

prisoner)

the

Superintendent of the Prison to which a prisoner is

committed in case when such prisoner is sentenced to death

to prevent delay in the transmission to Government of

petitions for mercy;

(ix)

One copy to the Head of the Department, or

immediate superior in cases in which the official character or

conduct of a Government servant is impugned; and

(x)

One copy to be bound up in a volume of

judgments for reference in Court of Session.

CHAPTER - XIX

COMMUNICATIONS ISSUED TO SUBORDINATE MAGISTRATES

109.

Mode of

communicating orders to Subordinate

Magistrate.−All proceedings of the Court of Session addressed to

any Magistrate subordinate to the Chief Judicial Magistrate shall,

except in cases of urgency or when the law sanctions a different

course, be sent to the Magistrate concerned through the Chief Judicial

Magistrate.

110. Procedure in cases of urgency.−In the cases, except

in the foregoing rule, the Court of Session shall send the proceedings

to the Magistrate concerned and to the Chief Judicial Magistrate

simultaneously.

111. Calling for records on appeal or revision without

intervention of the Chief Judicial Magistrate.−In calling for the

records of an inferior Court under section 385 or 397 of the Code, the

Sessions Judges may address the Magistrates in whose custody the

records are, without the intervention of the Chief Judicial Magistrate,

in Judicial Form No.33. The records so called for may likewise be

retransmitted directly to the Courts concerned within fifteen days

after the disposal of the cases.

112. No fresh warrant need be issued in certain cases.−

In cases in which the Central Government or the State Government

suspends, remits or commutes a sentence under sections 432, 433

and 434 of the Code and in cases in which the President or the

Governor under Article 72 or Article 161 of the Constitution of India

grants a pardon, reprieve or remission, no fresh or revised warrant

need be issued.

113. Intimation to be given to the Controller of Defence

Accounts-Pensions, Allahabad.−(1) When a military pensioner is

convicted and sentenced to imprisonment or where such conviction

and sentence of imprisonment are confirmed in appeal, the Court

passing or confirming such a sentence shall forward to the Controller

of Defence Accounts-Pensions, Allahabad, free of charge, a copy of

such judgment as soon as possible after it is pronounced stating the

place from where the pensioner last drew his pension.

(2)

The Metropolitan Magistrate or Judicial Magistrate, as the

case may be,

shall forward such judgment through the Chief

Metropolitan Magistrate or Chief Judicial Magistrate, as the case may

be.

(3)

The Assistant and Additional Sessions Judges shall

forward such judgments through the Sessions Judge.

(4)

This rule shall also apply to judgments of the High Court

exercising powers of appeal or revision.

114.

Previous convictions to

be noted in Sessions

calendars.−In all Sessions calendars submitted to the High Court,

particulars of previous convictions and sentences should be given

except in cases of acquittal and a note should be made as to whether

any or all of those previous convictions have been admitted by or

proved against the accused.

115. Courts of Session to send copies of judgments to

High Court.−(1) The Courts of Session shall submit to the High

Court, copies of all their judgments in original trials within one month

from the date of pronouncing judgment in each case.

(2) The Assistant and Additional Sessions Judges shall submit

copies of the judgments in original trials to the High Court through

the Sessions Judge.

116. Special report may be sent in any particular case.−

When the Sessions Judge sees occasion to comment specially on the

action of a Magistrate in connection with a case coming before the

Sessions Court, he should send up to High Court, a special report on

the subject in the form of a letter without awaiting the receipt of the

calendar.

CHAPTER - XX

SESSIONS STATEMENT

117.

Sessions statement.−

The Sessions Judge

should

submit to the High Court, a quarterly statement of all the Sessions

Cases, Criminal Appeals and Revisions disposed of in the districts

containing the following particulars:−

1. Serial number of Sessions Cases.

2. Serial number of appeals or revision cases disposed of during

the quarter.

3. Police Station and crime number (if shown in records received

in the Sessions Court).

4. From what Court, the appeal or revision is preferred.

5. Number of the case in that Court.

6. Number of the appeal or revision case.

7. Name and description of the appellant or petitioner.

8. Sentence and Law under which it was imposed in the lower

Court.

9. Whether confirmed or modified or reversed.

10.If modified, the modification.

CHAPTER - XXI

APPEALS

118.

Head

Ministerial

Officer

receive

criminal

appeals.−The Memorandum of criminal appeal and the criminal

revision petition shall be presented in the office of the Court of

Session or in the Registry of the High Court, as the case may be,

except appeals under section 383 of the Code. The particulars of the

Memorandum of criminal appeal and criminal revision petition so

presented in the office of the Court of Session shall be entered in

Administrative Form Nos.2 and 3, respectively (Criminal Register Nos.

2 and 3 respectively). The Court shall not insist filing of affidavit in

support of the memorandum of appeal or revision.

119. Separate or joint appeals when to be preferred.−

Where several accused persons are convicted in a single trial, each of

them can prefer an appeal against his conviction either separately or

jointly with one or more of the other accused. But, when one accused

has been convicted at different trials, he should prefer separate

appeal in each case.

120. Prison appeals.−No appeal forwarded from prison under

section 383 of the Code shall be summarily rejected until fifteen days

have elapsed after its receipt by the Appellate Court. In forwarding

such an appeal, the officer-in-charge of the prison shall invariably

certify that the appellant has been informed that, if he intends to

appoint an advocate, an appearance must be put in within fifteen

days from the date on which his petition may reach the Appellate

Court:

Provided that nothing in this rule shall oblige the Appellate

Court to wait for the full period of fifteen days, if the appellant has

appeared and been heard in person or by advocate within that period.

121. When notice may be dispensed with in appeals

received from appellants in prisons.−When a Court of Appeal

decides to proceed under section 384 of the Code, in disposing of an

appeal received under section 383 of the Code from an appellant who

is in prison, it is not legally bound to give notice to the appellant nor

is it generally necessary to do so. It is sufficient as a rule if the Court

allows seven days to elapse before proceeding to dispose of the

appeal under section 384 of the Code.

122. When notice should be given in appeal received

from appellant in prison.−When the Court decides to proceed

under section 385 of the Code, notice shall be issued to the appellant

or his advocate and the intimation given by the officer of the prison

when forwarding the appeal petition is not sufficient for this purpose.

123. Notice of appeal to whom to be given.−(1) Subject to

the provisions of section 385 of the Code, notice of appeal shall be

given to the Public Prosecutor concerned in the Appellate Court

representing the agency that had investigated the case, in Judicial

Form No.32. In all other cases, to the respondent shown in the

memorandum of appeal.

(2)

In a case where compensation has been awarded to a

person, notice shall also be given to him.

(3)

Every

notice

issued

under

this

Chapter

shall

accompanied by a copy of the petition/grounds of appeal/revision on

plain paper. The person receiving the notice shall acknowledge the

receipt of the notice immediately. But, the hearing of the case will

not be delayed for want of such acknowledgment.

(4)

In addition to the other modes of service of notice, the

Court may order service of notice by e-mail to a party.

(5)

In addition to the other modes of service of notice, the

Sessions Court may also direct the appellant / petitioner that the

information about the pendency of the appeal/revision be intimated

to the advocate who had appeared for the respondent in the Court

below, so as to enable him to inform the party, for taking steps to

enter appearance. Compliance with this rule, by itself, cannot be a

ground for setting aside the respondent ex parte.

APPEAL AGAINST ACQUITTAL

124. Notice to Public Prosecutor of bail application.−(1)

The Court shall give notice of every application for bail and an

application under

section 390 of the Code to the local Public

Prosecutor.

(2)

In cases where bail is granted under section 390 of the

Code, the Court granting such bail shall report the fact to the High

Court at once.

SUSPENSION OF SENTENCE

125. Copy of the order of suspension to be sent to the

Superintendent of Prison.−

Copy of the orders of bail and

suspension of sentence shall be forwarded to the Superintendent or

Officer in-charge of the prison in which the accused is confined in

Judicial Form No.41.

126.

Copy of order of dismissal to be sent

to the

Superintendent

Prison.−

Whenever

Appellate

Court

dismisses an appeal, it shall, whether the execution of the sentence is

suspended under section 389 of the Code or not, send a copy of the

order dismissing the appeal to the Superintendent or officer in-charge

of the prison in which the appellant is or is to be confined in Judicial

Form No.34.

127. Amended warrant to be sent to Superintendent of

Prison when sentence of imprisonment is modified.−Subject to

the provisions of section 388 of the Code, whenever an Appellate

Court modifies a sentence of imprisonment, it shall prepare a fresh

warrant in Judicial Form No.37 in accordance with the terms of the

order passed and shall send the same along with a copy of the order

direct to the Superintendent or officer in-charge of the prison in which

the appellant is or is to be confined and shall recall and cancel the

original warrant of commitment, which shall be attached to the record

of the Court and returned to it therewith.

128. Warrant of release to be sent to Superintendent of

Prison when sentence of imprisonment is reversed.−Whenever

an Appellate Court reverses a sentence of imprisonment, it shall

prepare a warrant of release in Judicial Form No.36 and shall send the

same by Registered Post with Acknowledgment Due, along with a

copy of the order direct to the officer in-charge of the prison in which

the appellant is confined. It shall, at the same time, recall and cancel

the original warrant of commitment which shall be attached to the

record of the original Court and returned to it therewith.

129. Order of refund of fine.−Whenever an Appellate Court

reduces or reverses a sentence of fine, it shall, if the fine has been

levied, grant an order of refund to the appellant in his name or in the

name of his advocate holding a special vakalat specially authorizing

him to receive the money on behalf of the appellant, in Administrative

Form No.45. When the order of refund is presented to the Court of

first instance, it shall forthwith prepare the necessary bill for payment

in Administrative Form No.39 and deliver it to the payee on proper

identification and the acknowledgment in this regard shall be obtained

in Administrative Form No.24 (Criminal Register No.24).

130. Collection of additional fines.−Whenever an Appellate

Court other than the High Court, enhances the fine imposed, it shall,

if the excess fine amount is not paid immediately, intimate the Court

of first instance, which shall take immediate steps to collect the

excess fine and intimate the action taken to the Appellate Court

concerned.

131. Order of High Court on appeal and revision.−Rules

125 to 129 do not apply to the High Court. The procedure applicable

to the High Court in appeals and revision cases is provided in sections

388 and 405 of the Code. Whenever the High Court certifies its

100

judgment or order to a lower Court under either of these sections, it

is the duty of the latter Court to issue necessary warrant of release in

Judicial Form No.40 or modification of sentence in Judicial Form No.39

or order for the refund of fine in Administrative Form No.45 and in

doing so, it shall be guided, as far as may be, by the above provisions

of rules 125 to 129.

NOTE: In this rule, the expression “Lower Court” means, in the case of a judgment

or order passed by the High Court on a revision petition against the finding,

sentence or order of an Appellate Court, the Appellate Court and not the Court of

first instance.

132. Time for presentation of payment order.−Payment

order shall be presented for payment within three months from the

date of its issue. If not presented within that period, it shall be

returned to the Court, and may then, after being re-dated and

initialled by the Court concerned, be re-issued to the payee.

133. Duplicate copy of order of High Court to be sent to

Superintendent of Prison.−When an order of the High Court in

appeal or revision is certified to a lower Court under section 388 or

405 of the Code, it shall be issued in duplicate and the lower Court

shall, on receipt of the order, forthwith send one copy of it to the

Superintendent or officer in-charge of the prison in which the prisoner

is confined, along with the warrant in Judicial Form No.39, if any,

required by rule 131. If the High Court order is an order of release,

one copy shall be sent direct from the High Court to the

Superintendent or officer in-charge of the prison.

NOTE: In this rule, the expression “Lower Court” means, in the case of a judgment

or order passed by the High Court on a revision petition against the finding,

sentence or order of an Appellate Court, the Appellate Court and not the Court of

first instance.

101

134. Copy of judgment to be returned to prisoner in

prison.−The Court disposing of an appeal by a convict in prison

shall, in communicating its order to the prisoner, return to him

through the Prison authorities, the copy of the judgment appealed

against which accompanied the petition of appeal.

135. As many copies of judgments to be sent as there are

prisoners.−In the case referred to in rules 126 to 128, 131 and

133, warrants shall be prepared separately for each prisoner and

communicated to the Superintendent or officer in-charge of the prison

in which the prisoners are confined and each warrant shall be

accompanied or followed, as soon as possible, by the judgment or

order in accordance with which the warrants are prepared.

136. Return of papers after disposal of appeal, etc..−On

the termination of an appeal, revision petition or other application,

the Court to which such appeal, revision petition, or application is

made, shall, on an application in writing made in that behalf by the

party or Advocate concerned, return, as soon as possible, copies of

judgments, order and other papers filed as enclosures to such

appeals, revision petitions or applications. An endorsement on the

application for return signed by the party or Advocate, shall be

sufficient voucher for the return of the copies.

137. Contents of judgment.−(1) In all cases of appeal, the

point or points for determination in appeal and the reasons for the

decision of the Appellate Court shall be stated.

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CHAPTER - XXII

REVISION AND RECOMMENDATION TO GOVERNMENT

139. Sessions Judge to revise case which calls for

revision.−(1)

The Sessions Judge shall carefully peruse all

judgments and orders submitted to him with calendar statements

with a view to exercise his powers of revision and shall deal with any

case under section 399 of the Code.

(2)

In the absence of any urgency, the Sessions Judge shall

not exercise his power of revision under section 399 of the Code in

cases where an appeal is provided by law, until the time allowed for

the appeal has expired.

140.

Chief

Metropolitan

Magistrate/Chief

Judicial

Magistrate to comply with requisitions of Sessions Judge.−The

Chief Metropolitan Magistrate / Chief Judicial Magistrate shall comply

with all requisitions for records, returns and information made by the

Sessions Judge. They shall also render any explanation which the

Sessions Judge

may require from them or from

a Subordinate

Magistrate in such a case.

141. Explanation from the Magistrate.−In a case where the

Sessions Judge, on perusing the calendar, is of the opinion that a

judgment or order calls for revision under section 399 of the Code, he

shall obtain the explanation of the Magistrate concerning the alleged

error. The explanation shall be obtained through the Chief Judicial

Magistrate.

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142. Certified copies of judgments or orders to be filed in

all revision cases.−In all revision cases, certified copies of the

judgments or orders sought to be revised should invariably be

furnished.

143. Calling for records.−In a case where the Sessions

Judge is of the opinion that the judgment or order calls for revision

under section 399 of the Code, he may call for the record of the case.

144. Mode of sending material papers.−In a case where

the original record is required, the Court concerned shall send the

material part of the original record along with a photocopy of the said

record duly certified and the original record shall be returned to the

Court concerned after perusal of the same by the Judge who had

called for it.

145.

Recommendations to Government to remit or

commute sentence.−Whenever a Sessions Judge or a Magistrate is

of the opinion that there are grounds for recommending to the

Government to exercise the powers vested on them under section

432 or 433 of the Code of remitting or commuting any sentence

adjudged by the Court, the recommendation for remission or

commutation

the

punishment shall

be submitted to the

Government in the following manner:−

105

(1)

through the High Court when made by a

Sessions Judge;

(2)

through the Sessions Judge and the High Court

when made by a Chief Judicial Magistrate;

(3)

through the Chief Judicial Magistrate and the

High Court, when made by any Magistrate other than the

Chief Judicial Magistrate or Additional Chief Judicial

Magistrate;

(4)

through the Chief Metropolitan Magistrate and

the High Court when made by any Metropolitan Magistrate;

and

(5)

through the High Court when made by the Chief

Metropolitan Magistrate or the Additional Chief Metropolitan

Magistrate.

146. Report of the presiding Judge on reference under

section 432 of the Code to be forwarded to Government

through the High Court.−In cases in which the opinion of the

presiding Judge is called for by the Government under sub-section (2)

of section 432 of the Code, the same shall be forwarded by the

presiding Judge through the High Court, whether the requisition for

the opinion has been received through the High Court or not.

147.

Application for transfer to be filed as

Criminal

Miscellaneous Petition.−Every application for transfer of a case

presented independently or against an order of subordinate Criminal

Court making or refusing to make an order of transfer, shall be filed

and registered as Criminal Miscellaneous Petition and not as Revision

Petition.

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CHAPTER - XXIII

HIGH COURT

APPEALS

148. Tapal petitions for exercise of judicial authority not

to be entertained.−Save as otherwise provided, no application or

petition for the exercise by the High Court of its judicial authority will

be entertained when forwarded by post.

149. Form of appeal,

etc..−

All petitions, applications,

affidavits, memorandum of appeal or revision petitions and all

applications presented to the High Court, shall be in English and shall

be typewritten or printed, fairly and legibly on substantially white

foolscap folio paper with an outer margin about two inches wide and

separate sheets shall be stitched together bookwise. The writing or

printing may be on both sides of the paper and numbers shall be

expressed in figures.

150. Cause title of Miscellaneous Petition.−Every original

and miscellaneous petition shall be headed with a cause-title setting

out the provision of law under which it is filed and the names and full

addresses of the parties to it separately numbered and described as

petitioners and respondents.

The parties shall also furnish their

mobile number or e-mail id or aadhaar card number.

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151. Cause title of memorandum of appeal.−

(1)

Every

memorandum of criminal appeal other than an appeal presented to a

prison officer, shall be headed with a cause title setting out the

provision of law under which it is preferred, the name of the Court,

the name of the appellants with address and mobile number or e-mail

id or aadhaar card number and the name and address of and

respondents in the High Court and also the full cause title of the case

or matter in the lower Court or Courts, as the case may be.

(2)

Where an appellant is in prison, that fact shall be

mentioned in the cause-title with an indication of the prison in which

he is confined.

(3)

These provisions shall, as far as may be, apply to revision

petition also.

152.

Cause title of subsequent proceedings.−

Every

proceeding, subsequent to an appeal, revision petition or other

application, may be headed with a short cause title setting out the

provisions of law and the names of the parties and their ranks and

status in the main case.

153. Enclosures of appeal or revision petition.−(1) Every

memorandum of

appeal or

revision shall be accompanied by a

certified copy or the copy furnished by the Court to the party of the

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judgment or order of the Court appealed against or sought to be

revised, a memorandum of appearance duly signed with the

enrollment number and address of the Advocate and the necessary

vouchers for the verification of any matter or entry in the petition or

enclosures.

(2)

When a

revision

petition is presented against the

judgment or order passed in appeal, it shall also be accompanied by a

certified copy of the judgment or order of the Court of first instance

obtained either by a fresh application for copy or by a return of

enclosures under rule 136.

154. Petition to excuse delay to accompany appeals or

revision petitions presented out of time.−(1) Every petition filed

seeking condonation of delay in presenting appeal or revision shall be

accompanied by an affidavit explaining the sufficient cause for such

delay.

(2)

The period of limitation prescribed for filing a revision

petition is exclusive of the time occupied in obtaining a certified copy

of the order or judgment which the petitioner seeks to revise, but,

inclusive of the time occupied in obtaining return documents under

rule 136.

155. Separate petition to be filed in each case.−Every

interlocutory application relating to an appeal, revision petition or

original petition shall be made by a separate petition in each case.

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156. Court fee to be paid on each petition.−Every petition

filed in Court or presented in the office shall be stamped with the

Court fee to which it is liable under the law.

157. Return of defective petitions, etc., and their re-

presentation.−Every petition or application which does not comply

with the above requirements or is otherwise defective shall

returned with reasons to the party or Advocate concerned for

amendment and re-presentation within a specified time.

158. Petition to excuse delay to accompany appeals out

of time on the date of re-presentation.−Every petition seeking

condonation of delay in re-presenting the appeal memorandum or

revision petition returned by the Court, within the specified time, shall

be accompanied by an affidavit explaining the sufficient cause for the

delay.

159. Posting of cases for admission.−Every appeal (other

than one preferred from prison or in which the prisoner has been

sentenced to death or has been called upon to show cause why he

should not be so sentenced), revision, application and petition shall

be posted for admission at the earliest possible opportunity after it is

filed.

160. Motion cases.−Every petition or application intended to

come up for orders of the High Court as a special motion should be

110

filed in the Registry not later than 1.30 p.m. on the day previous to

the day on which the motion is to be heard.

161. Motion to be taken before the day’s regular work.−

Every petition allowed by the Registry under rule 160 may be taken

up before the regular work of the Court for the day and shall also

have precedence over civil motions.

162. Additional set of papers to be filed in motions before

a Bench of two or more Judges.−Where a motion has to be heard

by a Bench of two or more Judges, additional sets of papers should be

furnished by the party concerned.

163. Twenty four hours notice to Public Prosecutor to be

given in cases of transfer.−No application for transfer in which

previous notice is prescribed by the Code shall be accepted as a

special motion unless it bears an endorsement or is accompanied by a

satisfactory voucher that notice was given to the Public Prosecutor at

least twenty four hours before the forenoon of the day on which the

Court sits to take up the application.

164. Personal notice in the absence of advocate.−(1)

Notices in criminal cases shall be served on parties personally unless

they are represented by advocate in which case notice shall be given

to such advocate. The Registry may also sent notice to the party by

e-mail.

(2)

It is permissible for the Court to order private notice or

notice by publication to a party.

111

(3)

In addition to the other modes of service of notice, the

High Court may also direct the petitioner/appellant that the

information about the pendency of the petition/appeal be intimated to

the advocate who had appeared for the respondent in the Court

below, so as to enable him to inform the party for taking steps to

enter appearance. Compliance with this rule, by itself, cannot be a

ground for setting aside the respondent ex parte.

165. Notice to Public Prosecutor in cases referred to High

Court under section 366 of the Code.−In cases referred to the

High Court for the confirmation of capital sentence, the Court shall

issue notice to the Public Prosecutor or to the Prosecuting Agency to

appear on behalf of the prosecution.

166.

Every notice issued under this Chapter shall be

accompanied by a copy of the petition/grounds of appeal/revision on

plain paper. The person receiving the notice shall acknowledge the

receipt of the notice immediately. But, the hearing of the case will

not be delayed for want of such acknowledgment.

167. Service on prisoners through prison authorities.−

Notice for service on parties in prison will be forwarded to the officer

in-charge of the prison and endorsement by the officer that notices

were duly served shall be taken as proper service.

168. Cases in which Court printing is done.−(1) The

following classes of cases will be printed by the Registry without

special orders of Court:-

112

(i) Reference under section 395 of the Code.

(ii) Appeal under the Code.

(2) (i) It will not ordinarily be necessary to print inquest reports

and prior statements which are filed merely to prove omissions or

motive.

(ii) Where parts of a document are relied on, those parts alone

need be printed, as indicated by the trial Court in the judgment or the

list of exhibits annexed.

(iii) In cases where there are a number of accused, such as

cases involving offences like rioting, the printing of statements of the

accused under section 313 of the Code may be dispensed with:

Provided that three copies of such statements are typed, one

for the Court, one for the use of the Public Prosecutor and one for

joint reference by all the counsel for the accused persons.

169.

Evidence to be printed only if pleadings are

printed.−No party will be permitted to print the evidence in a case

without his having paid for the printing of the pleadings.

170. Time for translation and printing list.−No application

for the printing of evidence presented by the petitioner after the

expiry of one week from the date of the admission of his petition or

by the respondent after the expiry of fourteen days from the date of

service of the notice of the petition, shall be received except under

the orders of the Registrar.

113

171. Registrar to permit printing of fresh documents to

be admitted in evidence.−When application is made for the

translation and printing of any document not on the record of the

case with a view to its admission in evidence, the translation and

printing may be ordered by the Registrar, provided that the order

shall be made without prejudice to the posting of the case.

172. Bill to be paid within ten days from its issue.−A

party to whom a bill is issued for printing charges, whether in respect

of pleading, or of evidence, shall be called upon to pay the amount

therein specified within ten days from the date of its service on him

and no payment shall be received after the expiry of that period,

except under an order of the Registrar.

173. No printing in revision cases wherein there is an

order of stay.−In the absence of an express direction to the

contrary, no printing either of pleadings or of evidence, shall be done

in a revision case, pending disposal of which, stay of proceedings in

any criminal case has been ordered by the Court.

174. Cases in which printed papers are to be supplied

gratis.−Printed papers will be supplied free of cost in the following

cases:-

(i) One set to the Public Prosecutor in every case in

which notice has been issued to him;

(ii) One set to the advocate to whom a State brief

has been issued;

(iii) One set to the advocate who has been appointed

to act as amicus curiae;

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(iv) One set to the advocate for accused in -

(a)

proceedings submitted to the High

Court under section 366 of the Code;

(b) Appeals against acquittal;

to death.

175. Application to be made in other cases.−(1) An

advocate requiring free supply of printed or typed papers in any other

case should obtain the orders of Court by means of a petition or

otherwise.

(2)

Application for free copies of printed papers shall be made

at the time of the admission of an appeal or petition in any other case

and shall be supported, wherever possible, by an affidavit on the

means of the accused.

176. Additional sets to be applied for at the time of

printing.−Applications for additional sets of printed papers shall not

be entertained unless they are made by parties paying for the

printing and are made in sufficient time to enable the office to comply

with the requisition.

177. Payment to be made in other case.−Printed

papers

will not be issued to parties or advocates not having notice in a case

except on payment and under the special orders of the Registrar.

Explanation: The expression “printing” wherever it occurs includes

“typing”, “photostat” or any other process for making legible copies of

the record.

115

178. List of ready cases.−(1) A list of cases ready for

hearing shall be exhibited on the notice board as each case becomes

ready and no criminal case shall ordinarily be posted for hearing

within a week of its being so exhibited.

(2) No such list

shall

however be exhibited for original

miscellaneous applications.

179. Rough list.−A rough list of cases for disposal on the next

working day shall be exhibited on the notice board each day.

180. Weekly list.−In addition to the list referred to in the

preceding rule, a special list of cases shall be put up on Tuesday

preceding the week during which they shall be disposed of by the

Criminal Bench, when applications for adjournment of any case on

such list shall be dealt with.

181. Cases to be heard by Bench of two Judges or more.−

The following classes of cases shall ordinarily be heard by a Bench of

two Judges:−

(i)

Every proceeding under section 366 of the Code

and every appeal from the judgment of a criminal Court in

which sentence of death or imprisonment for life has been

passed on the appellant or on a person tried with him;

(ii) Every reference under section 395 of the Code;

(iii) Every appeal against acquittal on a capital charge;

(iv) Every case taken up in revision for enhancement of

sentence to death;

(v) Every application for directions of the nature of

Habeas Corpus under Article 226 of the Constitution of

India;

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(vi) Every appeal, application, reference or revision

petition which may be referred to a Bench by a Single

Judge;

(vii) Any other case as may be directed by the Chief

Justice to a Bench of two Judges.

182. Single Judge cases.−

All other criminal cases not

referred to in rule 181 shall ordinarily be heard by single Judge.

183. Reference under section 366 of the Code, to be

given preference.−Reference under section 366 of the Code shall

have precedence over other cases posted before the Criminal Bench.

184.

Judgment and orders to be despatched with

promptness.−

The judgment or order of the High Court in or

relating to a criminal case on its file shall be certified to the lower

Courts with the least possible delay.

185. Orders on reference under section 366 of the Code,

to be communicated on the same day.−An order on a reference

under section 366 of the Code shall be certified to the Court of

Session on the same day on which the judgment is pronounced.

186. Orders to be issued beforehand if preparation of

judgment is delayed.−Where, in any of the following cases, the

Judgment of the High Court cannot be certified to the Lower Court on

the day on which it is pronounced, an order drawn up in conformity

with the Judgment will be certified on the day on which Judgment is

delivered or the next working day:-

117

(i) Every case in which a judgment of acquittal or release is

passed or upheld and the accused or any of them is in custody;

(ii) Every case in which a sentence is passed, enhanced, or

confirmed and the accused or any of them is on bail or otherwise at

large;

(iii) Every case in which a sentence on the accused person who

is entitled to early or immediate release upon such order is reduced

or altered; and

(iv) Every other case which, by its nature, requires urgent or

immediate action.

187. Judgments relating to Sessions trials.−Judgments of

the High Court in cases relating to trials by a Court of Session shall be

communicated to,−

(i)

The Sessions Judge;

(ii)

The Additional or Assistant Sessions Judge, as the

case may be;

(iii)

The Superintendent of Prison, if any, in which the

accused is confined;

(iv)

The prosecuting agency concerned;

(v)

The Superintendent of Police concerned or any other

Officer of higher rank;

(vi)

The Public Prosecutor, High Court.

188. To whom orders are to be communicated.−Orders

issued in advance of judgments shall be communicated to the officers

and parties to whom judgments are communicated.

119

CHAPTER - XXIV

REVISION CASES

190. Applicability of Rules to revision cases.−

Rules

187

to 189 shall apply mutatis mutandis to revision cases arising from

cases, other than Sessions trials.

191.

Certificate under Article 132 or 134 of the

Constitution of India.−In cases where the High Court grants a

certificate under Article 132 or Article 134 of the Constitution of India

to a person under sentence of death, the date of the issue of the

certificate shall forthwith be intimated to the Government and the

Superintendent of the Prison in which the prisoner is confined.

192. State brief.−An advocate will be engaged through the

Legal Services Authority to defend an accused person who does not

engage an advocate himself and who is under sentence of death or

has been called upon to show cause why a sentence of death should

not be passed upon him or against whom an appeal has been filed

under section 378 of the Code in cases involving imprisonment, and

may, if necessary, be engaged in a case involving a lesser sentence.

193. Fee in High Court.−The fee payable to an advocate

appointed by the High Court is at the discretion of the High Court.

194. Return of records and material objects.−(1) On the

termination in the High Court of a Reference, Appeal, Revision case or

other application or matter, the records of the case with the material

objects, if any, shall be returned to the Court or Courts from which

120

they were received along with the judgment or order of the High

Court without delay.

(2)

If the records are not received by the Court concerned

within six weeks from the date of receipt of the copy of the order or

judgment passed by the High Court, as the case may be, the High

Court shall be addressed for return of records sent for reference in

connection with any appeal or other proceedings.

195. Return of enclosures.−Copies of judgments, orders or

other papers filed by the parties in the High Court as enclosures to

any appeal, revision petition or other application shall, on the

termination of such appeal, revision petition or application,

returned to them on a requisition made by them in that behalf, under

the orders of the Registrar.

196. In sentences of death, two sets of papers to be sent

to Government.−In every case in which a sentence of death is

passed or confirmed by the High Court, two copies of the judgment of

the High Court with two sets of printed evidence and of all other

material papers shall be forwarded to the Government in Home

Department.

197.

Copies of judgments

to be sent to the prison

concerned.−For the purpose of appeals to be preferred to the

Supreme Court by prisoners confined in prisons, on a requisition by

the Superintendent of the Prison concerned, the High Court shall

supply free of cost, eight copies of the Lower and Appellate Courts'

judgments.

122

CHAPTER – XXV

GENERAL

LEVY OF FINES

199. Levy of fines.−In exercise of the power conferred by

sub-section (2) of section 386 of the Code of Criminal Procedure,

1898 (Central Act V of 1898), the State Government have framed

rules for the “Execution of warrants for levy of fines and for the

summary determination of any claims made by any person other than

the offender in respect of any property attached in execution of such

warrant.” These Rules, though framed under the 1898 Code, are

saved under section 484 of the Code and should be construed as

Rules framed under sub-section (2) of 421 of the Code of Criminal

Procedure, 1973

(Central Act 2 of 1974). The said Rules are

reproduced hereunder:

“Warrant for levy of fine:

(1) A warrant for the levy of fine issued under clause

(a) of sub-section (1) of section 386 of the Code [new

clause (a) of sub-section (1) of section

421], shall be

directed to a police officer and shall be in Form No. XXXVII

of Schedule V to the Code [New Form No.43 of Schedule II

to the Code].

(2) The authority issuing the warrant shall specify a

time for the sale of the attached property and for the

return of the warrant.

(2-A) The following articles shall not be liable to

attachment or sale, viz.,:-

The necessary wearing apparel, cooking vessels, beds

and bedding of the offender, his wife and children and such

personal ornaments as in accordance with the custom or

religious usage cannot be parted with by a woman, for

example, a thali or wedding ring.

(3) (i) The attachment of movable property belonging

to the offender shall be made by seizure:

Provided that, where, in addition to or in lieu of

123

seizure, the police officer considers that either or both of

the methods referred to in clauses (b) and (c) of sub-

section (3) of section 88 of the Code [new section 83]

should be adopted, he shall obtain an order to that effect

from the Court issuing the warrant.

(ii) When the method referred to in clause (b) of sub-

section (3) of section 88 of the Code (new section 83) is

adopted and a receiver is appointed, the powers, duties

and liabilities of such receiver shall be the same as those of

a receiver appointed under Order XL of the First Schedule

to the Code of Civil Procedure, 1908 (Central Act V of

1908).

(3-A) The police officer who makes an attachment of

movables under rule (3), may, after attachment hand over

the articles attached to a third party on a bond being

executed in Form No.15-A of Appendix E to the Code of

Civil Procedure, 1908 (Central Act V of 1908), for their

custody and production before the Court when required.

(4) Before making the attachment, the police officer

shall deliver or tender a copy of the warrant, to the

offender or in his absence, to any adult male member of his

family. If a copy cannot be so delivered or tendered, the

police officer shall affix a copy of the warrant at some

conspicuous place where the property to be attached is

found. After making the attachment, the police officer shall,

in like manner deliver, tender or affix, as the case may be,

an inventory of the property attached.

(5) If no claim is preferred to any property attached,

within one month from the date of attachment, by any

person other than the offender, the police officer executing

the warrant shall have power to sell, within the time

mentioned in the warrant, and without previous reference

to the Court issuing the warrant the property or such

portion thereof, as may be sufficient to satisfy the amount

to be levied:

Provided that if the property attached consists of

livestock or is subject to speedy and natural decay, or if its

immediate sale would be for the benefit of the owner, the

police officer may sell it at once, but, the proceeds of the

sale shall not be appropriated towards the fine, until the

expiration of one month from the date of the attachment

and until any claim preferred under rule 6 has been

disposed of.

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(6) If any claim is preferred to any property attached

under rule (3) within one month from the date of such

attachment, by any person other than the offender, on the

ground that the claimant has an interest in such property

and that such interest is not liable to attachment, the claim

shall be enquired into and disposed of as provided for in

rules (7) to (9):

Provided that any claim preferred within the period

allowed by this rule, may, in the event of the death of the

claimant, be continued by his legal representative.

(7) Claims may be preferred under rule 6 in the Court

by which the warrant is issued, or if the claim relates to

property attached under a warrant endorsed by a District

Magistrate (now Chief Judicial Magistrate) or the Chief

Presidency Magistrate (now Chief Metropolitan Magistrate)

under section 387 of the Code (new section 422), in the

Court of such Magistrate.

(8) Every such claim shall be enquired into and

disposed of by the Court in which it is preferred:

Provided that if preferred in the Court of a District

Magistrate

(now

Chief

Judicial

Magistrate)

Chief

Presidency Magistrate (now Chief Metropolitan Magistrate),

such Magistrate may make it over to any Magistrate of the

First or Second Class (now Judicial Magistrate), or to any

Presidency Magistrate (now Metropolitan Magistrate), as

the case may be, subordinate to him.

(9) The enquiry shall be summary and the Court shall

record its decision on the claim with the reasons therefor.

Such decision shall be final and shall forthwith be

communicated to the Police officer executing the warrant

who shall dispose of the property in accordance with such

decision.

(10) The Police Officer executing the warrant shall, as

soon as possible after the sale, produce the sale proceeds

before the Court issuing the warrant, or if the property was

sold under a Warrant endorsed by a District Magistrate

(now

Chief Judicial Magistrate) or Chief Presidency

Magistrate (now

Chief Metropolitan Magistrate) under

section 387 of the Code (new section 422), in the Court of

such Magistrate.

(11) Subject to the proviso to sub-section (1) of

section 386 of the Code (new section 421), and subject

also to section 70 of the Indian Penal Code, if, at any time

125

subsequent to the return of the warrant, the fine, or any

part thereof, remains unpaid and the Court has reasonable

grounds for believing that the offender has any movable

property, it may issue a fresh warrant for the attachment

and sale of such property in accordance with the Code and

these rules.”

200. Collection of fine.−A Court levying fine should attempt

to collect the fine immediately and should not wait to take action until

after the imprisonment has been undergone by the prisoner.

If the

Court considers it necessary to recover the fine amount after the

imprisonment in default sentence has been undergone, it shall strictly

comply with the proviso to sub-section (1) of section 421 of the Code

by recording special reasons.

201. Payment of amount of compensation under section

357 of the Code.−The Court by which a fine or any portion of a fine

has been awarded as compensation under section 357 of the Code

shall, on the application of the person to whom such compensation

has been awarded, grant an order in Judicial Form No.55 for payment

of the amount awarded direct to the treasury to which such amount

has been remitted, together with a certificate to the effect that either

(1) the sentence and award are not subject to appeal or have been

confirmed by the Appellate Court and that no order has been received

from the Court of Revision modifying or reversing the order of

compensation, or (2) where the order as to compensation has been

modified in appeal or revision, that the payment order is in

conformity with such modification, or (3) that the appeal time has

expired and that no appeal has been preferred and that no order has

been received from the Court of Revision modifying or reversing the

order of compensation. The acknowledgment for issuance of the order

126

in the said Judicial Form No.55 shall be obtained in Administrative

Form No.24 (Criminal Register No.24).

Note.−If the fine is imposed in a case which is subject to appeal, the

order for payment shall not be granted till after the expiry of one or

other of the periods specified in sub-section (2) of section 357 of the

Code.

202. Certificates as to appeal.−In cases in which the Court

awarding the compensation may be unable to certify whether an

appeal has actually been preferred, the party desirous of obtaining

payment of the amount of compensation in deposit, may apply to the

Appellate Court to certify whether or not any appeal has been

preferred, and on such application being made, the Appellate Court

shall grant the required certificate.

203. Compensation otherwise than under section 357 of

the Code.−Compensation awarded under sections 250 and 358 of

the Code and compensation and all other sums recoverable like fines

under

any

other

provisions

law

and

not

creditable

“Administration of Justice” shall be dealt with in the manner provided

in the foregoing rules for compensation awarded under section 357 of

the Code.

Provided that, if the order to pay such compensation or other

sum is reversed or modified in appeal or revision, the payment order

on the treasury shall be given to the party or parties entitled to draw

the money.

127

CHAPTER - XXVI

RETURNS OF FINES

204. Rules for accounts of fines levied and refunded.−

Rules for securing uniformity and accuracy in the accounts of fines

levied and refunded by Magistrates and Courts of Session.

Explanation.-

In these rules, "fine" includes money awarded as

compensation and any other money recoverable by Court like a fine.

"Judge" includes Sub-Judge and District Munsif. "Treasury" includes a

Sub-Treasury and notified banks.

(A) GENERAL

(1) The account of fines imposed, levied and refunded shall be

kept in the form prescribed as Administrative Form No.25 (Criminal

(2) The Register shall be kept in Courts whenever the Judge or

Magistrate is sitting and each fine shall be recorded in it as soon as it

is imposed and the entries shall at once be initialled by the Judge or

Magistrate in Column 8.

(3) Money paid towards fine shall be received by the Clerk

authorized for the purpose in the presence of the Judge or the

Magistrate. Acquittance receipts in Administrative Form No.49 shall

invariably be granted and signed by the Judge or the Magistrate

himself, who, while signing them, shall initial the record of payment in

column 11 of the Fine Register in the said Administrative Form No.25

(Criminal Register No.25). Each Judge or Magistrate shall make

remittances to one treasury only.

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(4)

In the Metropolitan Magistrate Courts, after the fine is

imposed by the Magistrate, the same shall be remitted to the Cashier

who shall make necessary entries in the said Administrative Form

No.25 and issue acquittance receipt in the said Administrative Form

No.49. The fine so collected shall be remitted to the Reserve Bank of

India in Administrative Form No.54.

(5) All fines received by the Courts shall be remitted without

delay and not later than the next working day.

(6) When fines are remitted to a treasury, a remittance book in

the shape of cheque book in revised Administrative Form No.44 with

each page consecutively numbered and divided by perforated lines

into three parts shall be used, and the amount of the remittance with

necessary details entered in each part. The first part shall remain with

the Judge or the Magistrate in the book. The second and third parts

shall be sent to the treasury, the second part to be kept in the

treasury for account purposes and the third part to be signed by the

Treasury Officer and returned to the Judge or the Magistrate as a

receipt.

(7) When the receipt is returned by the Treasury Officer to the

Judge or the Magistrate, it shall be affixed to the counterfoil and the

fact of remittance recorded immediately in the fine register and the

entries regarding it initialled by the Judge or the Magistrate in column

(17).

(8) All fines realized by Courts will be

finally credited to

Government Account. Grants in lieu of the various classes of fines

realised by Courts shall be paid by the Government to the local

129

authorities or private bodies concerned, including Village and Forest

Panchayats and Societies for the Prevention of Cruelty to Animals, as

laid down in Article 306, Tamil Nadu Financial Code, Volume I.

The

Government of Union of Territory of Puducherry shall follow the

extant rules applicable to them.

(B) THE MONTHLY STATEMENT

(1) On the last day of each month, the Magistrate shall transmit

to the Chief Judicial Magistrate/Chief Metropolitan Magistrate, a

monthly statement in Administrative Form No.36 showing the amount

of fines imposed, levied and written off for the treasury month as

hereafter

explained.

The

Chief

Judicial

Magistrates

Chief

Metropolitan Magistrate shall review the monthly progress made in

the collection of fines.

(2) Subordinate Judges and District Munsifs shall, on the last

day of each month, transmit similar statements to the District and

Sessions Judge.

(3) To effect an agreement between the figures in the monthly

statement and the sums credited in the treasury accounts, each

Judge's or Magistrate's fine register and monthly fine statement shall

be made up not for the calendar month but for the treasury month of

the treasury with which he deals.

(4) Cases in which sanction to write off irrecoverable fines is

required shall also be shown in Administrative Form No.38 to be

printed on the back of the said Administrative Form No.36. The Judge

or Magistrate shall write with his own hand, the total of the amount to

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be written off in words as well as in figures. When any fine remains

uncollected for three months, details shall be given below the

statement of irrecoverable fines with an explanation as to why it

remains uncollected or why it is not proposed to treat it as

irrecoverable.

(5) The Treasury Officer shall verify the amounts shown in the

monthly fine statement remitted to the Treasury and if they agree

with his accounts, sign a certificate to that effect and send it to the

Chief Judicial Magistrate or District and Sessions Judge, as the case

may be.

(6) For the purposes of the statement prescribed by these rules,

a Court realising a fine imposed by another Court shall treat it as if it

had been imposed by itself, sending notice of the recovery to the

Court which inflicted the fine.

(C) COMPENSATION

(1)

At the conclusion of the trial, if the Magistrate decides to

take action under section 250 of the Code, he shall call upon the

complainant, if he be present, to show cause why he should not be

ordered to pay compensation under the section. If the complainant

be not present, the Magistrate shall issue notice to him to appear on

the day fixed for delivery of judgment to show cause why payment of

compensation should not be ordered. If the complainant cannot be

served with notice within a reasonable time or appears to be keeping

out of the way, or having been served with notice, fails to appear on

the appointed day, the Magistrate may proceed ex parte and make an

order under section 249 of the Code, if he deems fit to do so.

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(2) Compensation awarded under sections 250, 357 and 358 of

the Code and compensation and all other sums recoverable like fines

which cannot be entered in columns (4) and (5), shall be entered in

column (7) of Administrative Form No.25 (Criminal Register No.25)

and the collection of such amount shall be entered in column (15).

(3) These amounts shall be retained in deposit in the treasury,

subject to the order of the Court awarding the compensation or of the

Court of Appeal or Revision. The particulars of such amounts shall be

entered in Administrative Form No.35 (Criminal Register No.35).

(4) The amount retained in deposit under the last preceding

rules shall be paid to the party entitled to the compensation or other

sum on such party producing before the Treasury Officer a payment

order in Judicial Form No.55, together with a certificate to the effect

that either (1) the sentence and award or other order are not subject

to appeal or has been confirmed by the Appellate Court and that no

order has been received from the Court of Revision modifying or

reversing the order of compensation; or (2) where the order as to

compensation or other sum has been modified in appeal or revision,

that the payment order is in conformity with such modification; or (3)

that the appeal time has expired and that no appeal has been

preferred and that no order has been received from the Court of

Revision modifying or reversing the order. If in the case

compensation awarded under sections 250 and 358 of the Code, or

other

sums

recoverable

fines,

the

order

pay

such

compensation or other sum is reversed or modified in appeal or

revision, the payment order on the treasury shall be given to the

party or parties entitled to draw the money.

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(5) When the compensation is awarded by a Court of Appeal

and has to be paid out of a fine already credited to the Government,

the amount of compensation shall, for purposes of the treasury

account, be treated as a magisterial refund and entered accordingly in

the said Administrative Form No.25 (Criminal Register No.25).

(6) Taxes and dues which have to be credited to local bodies

shall be treated in the same manner, but shall be credited at the

treasury at once to the local body concerned. If the Court's order is

subsequently reversed, the refund of the tax or due shall be debited

to Municipal or Local Funds, as the case may be.

(D) CONSOLIDATED STATEMENT

(1) The returns received from the Magistrates in the said

Administrative Form No.36 shall be compiled by the Principal District

Judge or District Judge, as the case may be, into a consolidated

statement including the figures for his own Court in the same form

and transmitted to the District Treasury Officer.

(2) Similarly, the returns received from Civil Judges (Senior

Division) and Civil Judges shall be compiled in the District and

Sessions Court with the fines, if any, relating to that Court and the

consolidated statement shall be transmitted to the District Treasury

Officer.

(3) The consolidated statement shall be forwarded to the

District Treasury Officer as soon as possible after the beginning of the

month.

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(4) The consolidated statement shall be verified with the

treasury accounts by the District Treasury Officer and the Principal

District Judge or District Judge, as the case may be. If any difference

is discovered between the consolidated statement and the treasury

accounts, the same shall be reconciled.

205.

Register of fines.−

(1) The items in the register of

fines in the said Administrative Form No.25 levied and refunded shall

be numbered serially calendar yearwise and the same shall be noted

in the Register of Appeal Cases Received in Administrative Form No.2,

Sessions

Cases

Received

and

Disposed

Administrative Form No.1, Register of Revision Cases entertained in

Administrative Form No.3, Register of Calendar and Preliminary

Summary

Trials

Administrative

Form

No.32,

Miscellaneous and Maintenance Cases Received in Administrative

Form No.5, etc. for cross reference.

(2)

The

entire

fine

imposed

the

Special

Judicial

Magistrate/Special Metropolitan Magistrate in respect of offences of

ticketless travel and offences falling under the Railways Act, 1989,

(Central Act 24 of 1989) shall be credited to the account of the

railway administration and the fines collected in cases relating to

Railways by other Courts in the State shall be remitted to the account

of the State Government.

(3)

Fines imposed and realised by the Court under various

Industrial and Labour laws shall be credited to the head of Labour

Welfare Fund.

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206. Lapsed deposits.−(1) (a) On or before the 5^thJanuary

of each year, the Head Ministerial Officer of every Court shall prepare

a statement of all deposits not exceeding Rs.500/- which have

remained unclaimed for one whole year ending with the 31^st

December of the previous year and balance not exceeding Rs.500/- of

deposits partly repaid during that year and shall submit it to the

Sessions Judge or Magistrate for his orders.

(b) With the sanction of the Sessions Judge or the Magistrate,

which may be given without notice to the depositors, or to the

persons to whose credit the sums may have been paid in or

deposited, all sums included in the abovesaid statement shall be

treated as lapsed deposits, and carried to the credit of the

Government:

Provided, however, that the Sessions Judge or the Magistrate

may, for reasons to be recorded in writing, sanction the retention in

deposit of any sum mentioned in the statement.

(2) All sums other than those mentioned in sub-rule (1) paid

into or deposited in the Court may be credited to the Government

with the sanction of the Sessions Judge or the Magistrate, if they

have remained unclaimed for four full years and if a notice had been

issued in respect of them in the manner hereinafter prescribed.

Note:

The four complete years referred to in this sub-rule shall be computed

with reference to the date of the last payment and not from the date

of the original deposit.

(3) On or before the 15^thOctober of each year, the Head

Ministerial Officer of every Court shall prepare a statement of sums

which are liable to be credited to the Government as lapsed deposit

on the 1^stJanuary of the succeeding year under the operation of sub-

rule (2).

135

Note:

(i) In preparing the statement, the sums should be entered in

chronological order and separate totals should be given for deposits

relating to different year.

(ii) Sums which have been attached or which form the subject

of claim or a proceeding should not be included in the statement of

deposits liable to be credited to the Government. Only such deposits

as are unclaimed should be included.

(iii) Unclaimed deposits belonging to minors should be treated

in the same way as other unclaimed deposits and in preparing the

annual statement of lapsed deposit, they should be entered therein

like the others.

(4) The Sessions Judge or the Magistrate shall pass orders with

respect to the sums entered in the said statement and may direct

that with such exceptions, if any, as he may deem proper, they be

treated as lapsed deposits.

(5) (a) On or before 1^stNovember of each year, the statement

of all the sums which are liable to be credited to the Government on

the 1^stJanuary of the succeeding year shall be prepared and got

published in the next ordinary issue of the District Gazette with a

notice that unless the parties interested claim them on or before the

10^thMarch of the succeeding year, they will be credited to the

Government, on or before the 1^stNovember. A copy of the aforesaid

statement and notice shall be exhibited on the notice board of the

Court and another copy shall also be sent to the Bar Association of

the station where the Court is located for being exhibited on its

notice board.

Illustration: On 1^stNovember 2017, the statement of all the sums

which are liable to be credited to the Government on 1^stJanuary 2018

shall be prepared and got published in the next ordinary issue of the

District Gazette with a notice that unless the parties interested claim

136

them on or before 10^thMarch 2018, they will be credited to the

Government on or before 1^stNovember 2018.

(b) For the purpose of publication as aforesaid in the District

Gazette, the statement shall be legibly prepared and shall be sent to

the Press in time for being published in the next issue of the District

Gazette.

(i) Number of case or proceeding in the Court;

(ii) Date of deposit and challan or T.R. Number;

(iii) The nature of the deposits;

(iv) Amount; and

(v) To whom due, ranks of the parties and the

names of their advocates.

(6) The particulars published in the District Gazette and in the

notice board of the Court as aforesaid shall be carefully compared

with those in the statement on record in the Court, and the Sessions

Judge or Magistrate shall, on or before the 15th March of each year,

certify to the Treasury Officer, the sums which have to be credited to

the Government as per sub-rule (5) and in respect of which, there

has been no mistake or discrepancy in the publication. He shall

similarly certify the sums which have to be credited to the

Government as per sub-rule (1).

207. Applications for refund of lapsed deposits.−(1) After

the lapsed deposits have been credited to the Government, bill ought

not to be drawn against these deposits,

but when necessary,

applications shall be made in Form No.65 of the Tamil Nadu Treasury

Code [C and P.65] to the Accountant General, through the Treasury

Officer concerned, so that he may note the Treasury numbers of the

deposits, thereon.

137

(2) Applications for refund of lapsed deposits shall, in the first

instance, be made to the Court which remitted the deposits and shall,

in case where the application is presented after 6 months after the

date on which the amount lapsed to the Government, be stamped

with a Court-fee stamp of the value prescribed in the Tamil Nadu

Court Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of

1955) or Puducherry Court Fees and Suits Valuation Act, 1972

(Puducherry Act 2 of 1973), as the case may be.

(3) Lapsed deposit

credited to the Government, may be

refunded on the authority of the Officer by whom the deposit was

remitted.

(4) At the end of each official year, the Sessions Judge or the

Magistrate should furnish to the Treasury Officers, two statements of

lapsed deposits specifying dates of receipt, number of the deposit and

the balance at credit. One statement should include deposits not

exceeding Rs.500/-

unclaimed for one whole account year and

balances not exceeding Rs.500/- of deposit partly repaid during that

year and the other statement should include all items exceeding

Rs.500/- which have not been claimed for more than four complete

years, with certificates to the effect that the sanction of the Judge or

Magistrate has been obtained for the items shown therein being

credited to the Government.

Note:

(1)

For the purpose of these rules, “deposit” includes

compensation amount, paid or collected under sections 357 and 358

of the Code.

(2)

The Revenue Receipt for Judicial Department shall be

credited in the newly created Data Processing Code vide High Court's

R.O.P. No.03/2019/Bud-III dated

22.03.2019

as given in the

Annexure to these Rules.

(3)

In the Union Territory of Puducherry, the lapsed deposits

may be credited in accordance with the extant rules applicable there.

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CHAPTER - XXVIII

CERTIFIED COPIES

209. Application for copies by a party.−Every application

for a copy of judgment or order or proceedings (including docket

order) or deposition of witnesses or original document filed in or in

the custody of a Court shall be presented by the applicant or his

advocate and shall set out the case or proceeding number, if any, the

name of the applicant, his position in the case or proceeding as the

case may be, the name of the advocate, if any, and description of the

proceeding or document of which a copy is required.

210. Application for copies by third parties.−Application

for the grant of copies of judgment or order or any proceeding or

document in the custody of a Court by a third party to the proceeding

shall be allowed only by order of the Court obtained on a petition

supported by an affidavit setting forth the purpose for which the copy

is required.

211. Return of defective applications.−Any application not

complying with the requirements of these rules shall be returned for

being re-presented after rectifying the defects within a period not

exceeding seven days.

212. Urgent application for copies.−Application for urgent

copies shall be by a separate urgent application setting forth the

grounds of urgency.

140

213. Copies of non-judicial and confidential papers.−

Copies of correspondence or of proceedings which are confidential or

which are not strictly judicial, shall not be granted, except under the

order of the Court.

214. Application for more than one document.−A single

application may pray for copies of more than one document or

proceeding in the same case.

215.

Striking

off

defective

applications.−

When

applications are returned for rectification of defects, a limit of seven

days shall be fixed for their re-presentation. Defective applications

which are not taken back by the parties or not re-presented within

the period specified above, shall be struck off by the Head Ministerial

Officer.

216. Notes of evidence when to be given.−Where the

notes of the Presiding Officer form the only record of the evidence,

copies of such notes may be given in typed format.

217. Procedure when documents for which copies are

applied for are in another Court.−If the records of a case or the

documents of which a copy is applied for, have been sent to another

Court, the application for the copy shall be returned for presentation

to the said Court.

141

218. Order in which applications should be complied

with.−The preparation of copies shall be in accordance with the

serial order of application vide Administrative Form No.17 except in

cases where an urgent application has been filed and allowed.

219. Calling for stamp papers.−Everyday between 03.00

p.m. and 05.00 p.m., a list showing the applications in which records

have been received and number of stamp papers required shall be

affixed to the notice board of the Copying Section. Such list shall

remain thereon for three days and, if the last day is a holiday, till the

next working day. Within the time, the applicant shall supply stamp

papers called for, failing which, the application shall be struck off.

220. Additional stamp papers.−Whenever additional stamp

papers are found necessary, they shall be called for and supplied in

the same manner as in the preceding rule.

221. Copying charges.−(1) Copying charges shall be called

for and supplied in the shape of copy stamp papers calculated at the

rate of one stamp paper of One Rupee for every 175 words or fraction

thereof:

Provided that, instead of furnishing copy stamp papers, a party

may furnish foolscap paper of durable quality with the requisite Court

fee stamps affixed on each sheet and the rules applicable to the

preparation of copies on stamp papers shall apply:

142

Provided further that in the case of photostat copies, charges

shall be called for and supplied in the shape of adhesive Court-fee

stamps at the rate of two rupees per page:

Provided also that affixed stamps shall be cancelled by punching

out the insignia at the time of certifying the copy.

(2) Four numeral figures shall be taken as equivalent to one

word. Words in Indian languages with short suffixes and inflections

shall be counted as a single word for the purpose of this rule.

(3) In granting copies of records, each statement, account,

report, petition, order and the like shall be treated as a separate

document and shall be written on separate stamp papers.

(4)

Computer print outs of the deposition of witness can be

furnished to the prosecution free of cost and to the defence on

payment of Rs.2/- per page in the shape of Court fee, immediately

after the deposition is countersigned by the Presiding Officer.

222. Production of stamp papers.−

The person producing

the stamp papers for copies shall make an endorsement on the copy

application showing the number of stamp papers produced and the

Head Ministerial Officer or such other officer, as the Court may direct,

shall initial and date the same in token of receipt.

223. Transcription of copies.−

(1)

Copies

must

transcribed on the side of the paper which bears the stamp and a

margin of 2.5 centimetres shall be left on the left hand side. The

pages of the copy shall be consecutively numbered and each page

must be initialled at the foot by the Copyist and the Head Ministerial

Officer and the last page signed by the Head Ministerial Officer,

143

Reader and Copyist. There shall be no erasures. When a correction

has been made in the copy, the incorrect word shall be struck through

a line in ink across the word and the correct word written as an

interlineation in the copy and shall also state at the foot of each page,

the number of alterations and interlineations made therein. The pages

in the original shall be indicated in the copy also before the matter is

transcribed and, where there is no pagination, the number of the

sheet copies must be indicated.

(2) The transcribed copies shall be compared by the Head

Ministerial Officer or by such officer as the Court shall direct, or by a

Copyist, but, in no case shall a copy be read to the Head Ministerial

Officer or other officer or the examination in any way assisted in by

the Copyist who prepared the copy.

(3) In the case of a copy for which the production of non-

judicial stamp papers of a particular denomination is required, the

said stamp papers or paper supplied for the purpose shall be used for

copying and shall be written on, in the same manner as copy stamp

papers, copy stamp papers being furnished to make up any

deficiency. Adhesive Court fee label of the value of one rupee shall be

affixed to each such non-judicial stamp paper.

(4)

The Court may, if found suitable, grant photocopies,

secured by mechanised process, of judgements and orders made or

depositions recorded in a proceeding, or copies of documents filed in

or in the custody of the Court, on payment of charges in the shape of

Court fees stamps @ Rs.2/- per page or part thereof per copy.

144

224. Copies of maps, plans, etc.−When copies applied for

are of maps, plans, genealogical trees and tabular matters which

cannot be copied on ordinary stamp paper, they shall be prepared on

plain paper and skilled labour may be employed for that purpose, if

necessary. A reasonable fee shall, in each case, be fixed by the Court

and deposited in cash by the party concerned. Three-fourths of such

amount shall be paid to the person employed in preparing the copy

and the remaining shall be credited to the Government. A separate

Magistrate Court for payment of plan fees to Copyist.

225. Sealing and Certificate.−All copies furnished by the

Court shall be certified to be true copies by the Head Ministerial

Officer or officer appointed for the purpose and shall be sealed with

the seal of the Court as required by section 76 of the Evidence Act,

1872 (Central Act 1 of 1872).

226. Endorsement on copies.−Every copy shall bear an

endorsement initialled by the Head Ministerial Officer or other officer

appointed for the purpose showing the following particulars, viz.,:-

(i)

Application made on:

(ii)

Stamp papers (or charges) called for on:

(iii)

Stamp papers (or charges) deposited on:

(iv)

Copy ready on:

(v)

Copy delivered on:

227. Incomplete copies to be destroyed.−

Incomplete

copies shall be destroyed after six months from the date on which the

application is struck off. But, the incomplete copy may be completed,

if the necessary additional stamp papers are produced and, if an

order of the Court is obtained for such completion on a petition

145

presented within six months from the date on which the application

was struck off.

COPIES

228.

Uncertified copies not to be granted.−No copies of,

or extracts from, the record of any proceedings of any Court

subordinate to the High Court shall be issued unless certified to be

true by the proper officer of the Court. This rule shall not apply to

copies of extracts granted to prisoner in confinement under any order

passed in such proceedings for the purpose of appeal or application

for revision.

229. Scale of search fees.−When the document applied for

belongs to a year previous to the current calendar year, a search fee,

in Court-fee stamps, according to the sub-joined scale, shall be

affixed to the application:-

(1) When the document belongs to any year

prior to the Calendar year, but is not more

than 10 years old -

Rs. P.

(i) Fee payable for the first document or

entry applied for or if only one document or entry

is applied for, then for that document or entry.

10.00

(ii) Fee payable for every document or entry

other than the first included in the same

application and connected with the same subject.

5.00

(iii) When the applicant does not know

to which of two or more years a document or

entry belongs, the fee for searching the

records of every year other than the first.

5.00

146

(2) When the document is more than 10

years old, but does not relate to any year

prior to 1858.

Rs.P.

(i) Fee payable for the first document or

entry applied for or if only one document or entry

is applied for, then for that document or entry.

20.00

(ii) Fee payable for every document or entry

other than the first included in the same

application and connected with the same subject.

10.00

(iii) When the applicant does not know to

which of two or more years a document or entry

belongs, the fee for searching the records of every

year other than the first.

10.00

(3) When the document belongs to a year

prior to 1858:-

Rs.P.

(i) Fee payable for the document or entry

applied for or if only one document or entry is

applied for, then for that document or entry.

300.00

(ii) Fee payable for every document or entry

other than the first included in the same

application and connected with the same subject.

250.00

(iii) When the applicant does not know to

which of two or more years a document or entry

belongs, the fee for searching the records of every

year other than the first.

400.00

Note:

Only one search fee at the rate applicable to the

documents need be paid for all papers filed together and forming a

single record. For instance, if a person applies for all the depositions

relating to a magisterial case, he needs to pay only one fee applicable

to the whole record in which they are filed.

230. Notice of certified copies ready for delivery.−In all

Courts, a list of certified copies ready for delivery shall be posted on

the notice board and shall remain there for one week. The list shall

state the numbers of the copy applications and the names of the

persons to whom the copies are to be delivered. The list shall be

affixed to the Court notice board immediately the Court opens on the

following day. After the expiry of one week, the list shall be taken

down and a note of such destruction made in the remarks column of

the Copy Application Register against the item concerned. The unused

147

stamp papers should be sent to the local or nearest Sub-Treasury

Officer.

231. Grant of certified copies of other documents.−(1)

Certified copies of the following documents shall be given to the

accused on payment of necessary charges, before the filing of the

final report (charge sheet) by the police:−

(i)

Orders made on the remand report.

(ii)

Affidavit filed by the police officer for police

custody of the accused and the orders passed by the

Magistrate thereon. Until the Magistrate passes the order

for police custody, the accused is not entitled to a copy of

that affidavit.

(iii)

The

accused,

notwithstanding

the

communication of the full particulars in writing at the time

of arrest or subsequent thereto, is entitled to a copy of the

First Information Report even before the final report

(charge sheet) is forwarded to the Magistrate under sub-

section (2) of section 173 of the Code on application and

on payment of charges. The accused is not entitled to

certified copies of the inquest report, statements recorded

under section 174 of the Code, post-mortem certificate,

requisition by the police officer to the Medical Officer for

conducting post-mortem and medically treating the injured,

wound certificate, rough sketch of the scene of occurrence

and observation mahazar prepared by the investigating

officer before the final report (charge sheet) is filed.

(2)

On the same principle, the statements of witnesses

recorded under

section 161 of the Code and copies of wound

certificates shall not be given to the accused until the final report

(charge sheet) is filed by the police.

(3)

Certified copies of photocopies of unmarked documents

shall not be given.

148

CHAPTER - XXIX

INSPECTION OF RECORDS OF COURT

232. Inspection by District Collector of Records of Court

of Session.−Whenever a District Collector requires information with

regard to the sessions trial in addition to that appearing in the finding

and sentence of the Court of Session, he shall be at liberty, after

giving due information to the Sessions Judge, to depute one of his

Clerks, with an authorisation letter, to inspect the records and make

copies or extracts of such parts thereof as appear material for the

purposes which the District Collector may have in view, and the

Sessions Judge shall permit such Clerk to inspect the records and

take copies of extracts thereof. Every inspection of records under this

Chapter shall be made within the precincts of the Court of Session in

which the records are lodged and in the presence of an officer of the

Court deputed by the Sessions Judge for the purpose. No record or a

part of the record shall be removed by the inspecting officer from the

precincts of the Court.

233.

Inspection

by police or prosecuting officer.−

Whenever it shall appear to any police officer not below the rank of

Sub-Inspector of Police, that an inspection of the records of any

criminal trial or appeal will facilitate the detection or prevention of

crime or is desired for examination of the conduct of police officers

connected with the case and whenever the inspection of such records

may be desired by a prosecuting officer, in the exercise of his duty as

prosecuting officer, such officer or Public Prosecutor, as the case may

be, may apply to the Sessions Judge or Presiding Magistrate of the

Court in which the records are lodged for permission to inspect the

same.

149

234. Procedure on application.−The application referred to

in the preceding rule shall be made in writing and shall contain a

description of the records and shall state the purpose for which the

inspection is sought. The Sessions Judge or Magistrate may, in his

discretion, grant or refuse the application. If the application is

refused, the Sessions Judge or Magistrate shall record the reasons for

such refusal and shall communicate a copy thereof to the Police

Officer concerned or to the Public Prosecutor, as the case may be. If

the application is granted, the Sessions Judge or Magistrate shall

make arrangements for permitting the inspection to be conducted in

accordance with the succeeding rule.

235. Conduct of inspection.−Every inspection of records

under these rules shall be conducted by a police officer not below the

rank of Sub-Inspector of Police, or, if the inspection is granted on the

application of a prosecuting officer, then, by the prosecuting officer

himself, and it shall take place within the precincts of the Court in

which the records are lodged and in the presence of an officer of the

Court who shall be deputed by the Sessions Judge or Magistrate for

the purpose and no record or part of a record shall be removed by

the inspecting Officer from the precincts of the Court.

236. Copies of relevant records to be supplied to the

prosecuting officer.−Copies of relevant records in any criminal

proceedings shall be supplied to the

prosecuting officer

on his

application.

150

237.

Inspection by officers of other departments.−

Subject to rules 233 to 235, the privilege of inspecting records in a

criminal proceeding is extended to,−

(1) Officers of the Salt, Customs, Narcotics, Revenue and

Enforcement, Assistant Inspectors and Inspectors of Excise so far as

such records relate to their respective departments;

(2) Officers of the Income Tax Department including the Special

Investigation Branch attached to it, not below the rank of Income Tax

Inspectors duly authorized by the Income Tax Officers, in respect of

records other than Police case diaries and reports and any confidential

portion of such records; and

(3) Officers of the Co-operative Department duly authorized by

the Registrar of Co-operative Societies or the Officers of the Co-

operative Audit Department duly authorized by the Director of Co-

operative Audit, so far as such records relate to the Co-operative

Department or Co-operative Societies, in appropriate cases, except in

cases where the offence is forgery.

Explanation: The Presiding Officer of the Court shall decide as to

which is an appropriate case.

238. Taking extracts.−An Officer inspecting records under

these rules can take only written extracts therefrom if he considers it

necessary to do so.

239. Copies to Prison Department.−The Prison Department

shall, however, be supplied with copies of judgments convicting the

accused free of cost.

240. Copies to prosecuting officer.−

(1)

Copies of

documents which are required by the prosecuting officer while the

151

trial or appeal is pending, should be made by the clerk of the Court of

Session in-charge of the records or by someone working in his

presence and under his immediate supervision. No charge should be

made by the regular establishment of the Court. In cases where

lengthy documents have to be copied and the work is done by the

Copyist department, the cost of the copy stamp papers used for the

same should be debited to the contingent allowances of the Courts

issuing copies.

(2) Copies of relevant records in any criminal proceedings

should be supplied to the

prosecuting officer

concerned on his

application.

(3) Copies of calendars, judgments and other orders of Court

shall be granted to Assistant Public Prosecutors on the same

conditions as those mentioned in sub-rule (1).

152

CHAPTER - XXX

PRODUCTION, RETURN AND PRESERVATION OF RECORDS

PRODUCTION OF RECORDS

241. Production of records in the custody of a Court.−(1)

An application for the production of records in the custody of a Court,

shall specify the particular document required to be produced. Unless

it is made to appear to the Court that the production of the original

documents is necessary, the party shall be required to obtain and file

copies thereof and the original shall not be sent for.

(2) When a Court finds it necessary to require the production of

the records of another Court, it shall address a letter of request to the

Presiding Judge of that Court.

(3) Where the document to be sent for by a Court either from

its own records or from those of another Court is an Account Book, or

other document not being a record [(e.g.) judgment, decree, written

statements, etc.] which has to be in the custody of a Court and

belongs to a person other than a party at whose instance it is sent

for, the Court may require the party to deposit in Court before the

letter of request is issued, such sum as it may consider necessary to

meet the estimated cost of making a copy of the document when

produced.

(4) When the letter of request is to be issued by the Court itself

acting of its own motion, it shall be open to the Court to call upon

either party to make the deposit as aforesaid.

153

(5) After the document has been admitted in evidence, the

Court shall, unless it considers it necessary to retain the original,

direct the parties to specify the portion or portions thereof on which

they respectively rely, and require a copy to be made of the same at

the expense of the party requiring such portion, and shall thereafter,

with all convenient speed, return the original to the Court from which

it was received, retaining the copies as part of the record.

242. Production of records in the custody of a Public

Officer other than a Court.−(1) A summons for the production of

records in the custody of the Public Officer other than a Court shall be

in Judicial Form No.5 and shall be addressed to the Head of the

Department concerned and in the case of summons to a District

Registrar or a Sub-Registrar of Assurances, it shall be addressed to

the Registrar or Sub- Registrar in whose office, or sub-office, as the

case may be, the required records are kept. A summons for the

production of revenue papers kept in any office in a district shall be in

all cases be directed to the Collector of the District:

Provided that, where the summons is for the production of

village accounts, including field measurement books, such summons

shall be addressed to the

Tahsildar or the Deputy Tahsildar in

independent charge.

(2) Every application for such summons shall be made by an

affidavit setting out,−(i) the document or documents the production

of which is required; (ii) the relevancy of the document or

documents; and (iii) in cases where the production of a certified copy

or copies can be obtained, the result of such application.

154

(3) No Court shall issue such a summons unless it considers the

production of the original

is necessary or is satisfied that the

application for a certified copy has been duly made and has not been

granted. The Court shall, in every case, record its reasons in writing

and shall require the applicant to deposit in Court, before the

summons is issued, to abide by the order of the Court, such sum as it

may consider necessary, to meet the estimated cost of making a copy

of the document when produced.

(4)

On production of the documents in obedience to the

summons, the Court, unless it thinks it necessary to retain the

original, shall direct a copy to be made at the expense of the

applicant and shall, with all convenient speed, return the original

retaining the copy.

(5) Unless the Court requires the production of the original,

every such summons to a public officer shall state that he is at liberty

to produce, instead of the original, a copy certified in the manner

prescribed by section 76 of the Evidence Act, 1872 (Central Act 1 of

1872).

(6) Nothing contained in this rule shall prevent a Court of its

own motion from issuing a summons for the production of public

records or other documents in the custody of a Public Officer, if it

thinks it necessary for the ends of justice to do so. The Court shall, in

every case, record its reasons in writing.

243. Copies of public documents.−When a party to a

proceeding seeks to obtain a certified copy of a public document for

being filed into Court in that proceeding, he may apply to the Court

155

wherein the proceeding is pending for the issue of a certificate to

enable him to obtain such copy from the appropriate authority, and

the Court shall, on being prima facie satisfied that the production of

the certified copy in the proceeding is necessary, issue to the

applicant a certificate to that effect.

244. A list of records retained by a Court to be given to

the producer.−Where records or documents produced from any

Court or Public Officer are retained by the Court requiring their

production, a receipt containing a descriptive list thereof shall be

given to the officer producing them and a duplicate of the receipt

shall be placed with the records or documents. Any apparent erasure

or alteration in any paper shall be noted in the said list.

245.

Summoning

document

from

Parliament

Legislature.−(1) Summons for the production of a document in the

custody of the House of Parliament or of a Legislature of a State shall

be by letter of request as in Judicial Form No.4.

(2) No Court shall require production of the original document

under sub-rule (1), unless it considers that such production is

necessary in the interests of justice. Except where the Court

considers that the production of the original document is necessary,

the latter shall state that a certified copy may be produced instead of

the original.

246. Records received to be opened in the presence of

Judge or Magistrate.−When any records or official documents are

received from any Court or public office, the same shall be opened in

the presence of the Presiding Judge or Magistrate and the papers

156

compared with the list accompanying them. The instructions

contained in rules 244 and 247 shall then be observed, as far as

possible.

247. Records to be kept in packet sealed and labelled.−

The public records or documents shall, so long as they remain in the

custody of Court which required their production, be kept in a sealed

packet, properly labelled and the packet shall not be opened except in

the presence of the Presiding Judge or Magistrate.

RETURN OF RECORDS

248.

Return of

records when no longer required.−

Whenever it shall appear that any public documents received from

any Court or Public Office are no longer required, they shall be

returned to such Court or Office with a descriptive list in a sealed

packet.

If necessary, certified photocopies of the documents may be

retained in the case bundle.

249. Application to be made for return of documents.−

Application from parties or other persons for the return of documents

filed in Courts shall be made to the Court in which they were

originally filed. If application is made for document which has been

transmitted to another Court, the Court in which the document was

originally filed shall itself apply for the transmission of the document

and on receipt, shall return it to the applicant:

Provided that no document shall be returned unless the Judge

or Magistrate is satisfied that it will not be required for reference in

proceedings pending either before his own Court or the Court of

Appeal or Revision.

158

CHAPTER - XXXI

SUBMISSION OF RECORDS AND

MATERIAL OBJECTS TO THE HIGH COURT

251. Submission of records and material objects.−The

Court shall see that the records called for by the High Court are

submitted promptly. Any delay shall be explained in the letter

advising despatch of the records. The following cases shall be treated

as urgent:−

(i) Reference under section 366 of the Code;

(ii) Appeal against acquittal in which the accused

are re-arrested and are in custody;

(iii) Criminal Revision cases in which notice of

enhancement of sentence has been issued and the

accused are in prison on short sentences;

(iv) Criminal Appeals and Revision Cases in which

bail is refused and accused are in prison on short

sentences; and

(v) Criminal Appeals and Revision Cases where

stay of proceedings in any criminal case is ordered

pending their disposal.

252. Records to be submitted to the High Court.−(1) The

following records shall be submitted to the High Court in all cases of

appeals or revisions against the judgment of a Sessions Court, other

than judgment on appeal to the Court of Session:-

(i) The entire Sessions record; and

(ii) The entire magisterial record.

(2) In cases of appeals not already provided for and in cases of

revision -

(i) The material part of case record including an

extract from the diary;

(ii) The material part of the appellate case record,

if any.

159

(3) The words “entire Sessions record” include the charge, plea

of the accused, the evidence (oral and documentary), the statement

of the accused under section 313 of the Code and the judgment.

(4)

The words "entire Magisterial record" include an extract

from the diary, Register of Preliminary Enquiry, Police occurrence

Reports, mahazars and Village Administrative Officer's reports, and

Proceedings (if any) before any Magistrate other than the Committing

Magistrate who may have dealt with the case, but do not include so

much of the Magisterial Record as may have been incorporated in the

record of the Court of Session.

(5)

The covering letter for all records shall be sent separately

from them by post. Any delay in submitting the records shall be

explained in the covering letter advising despatch of records. It shall

state when and how and in how many separate files, the records are

despatched.

(6) In every case sent up to the High Court,−

(i) the records in English and in

the regional

language, - the English part of Sessions record, if any,

including translations,

(ii) the part of the Sessions record in the regional

language, if any;

(iii) the English part of the Magisterial record

including translation; and

(iv) the part of the Magisterial record in the regional

language

shall be bound and indexed separately. The indexing in respect of

records specified in clauses (i) and (ii) of sub-rule (6), shall be made

in Judicial Form Nos.63 and 65, respectively.

160

(7) Eight spare copies of judgment in cases referred under

section 366 of the Code and six copies in other Sessions trials

should be sent with the record. They should not be paged and

entered in the index, but should be kept separate from the

record.

(8) The docket on the fly-leaf of all records and the covering

letter should specify the number of the case on the lower Court’s file

and the number of the appeal or revision case or petition on High

Court’s file.

Note: The fly-leaf shall be of sufficient thickness and of foolscap size.

(9) The calendar, translations, copies, notes of evidence, etc.,

shall, wherever possible, be written on foolscap paper of sufficient

substance.

(10) (i)

Every record shall, before despatch to the High

Court, be examined and certified as complete in accordance with the

foregoing rules by the Head Ministerial Officer of the Court forwarding

it.

(ii)

Where copies of depositions, verified as to accuracy or

not, are made out for the use of the Judge or for any other purpose

and are available, they shall be submitted to the High Court with the

records to facilitate printing or typing of the evidence, if necessary.

Indication shall, however, be given in the covering letter or in some

prominent place in the copies themselves to show whether the copies

are accurate or whether they require to be compared with original.

161

(11) When an accused files a written statement at the time of

his examination under section 313 of the Code, it shall be stitched

along with the statement and kept in the bundle.

(12) While sending the records to the High Court for reference

in appeals, the statement under section 313 of the Code and the

written statement shall also be submitted.

(13) While submitting records to the High Court, the Presiding

Officers shall pay more attention to submit all important material

records such as First Information Report, charge sheet, statement of

accused, charges framed by Courts, deposition of prosecution side

and connected exhibits, deposition of defence side and exhibits,

judgments of the trial Court and any other relevant records.

(14) Whenever the case records for appeals/revisions are

submitted to the High Court by the Sessions Judges or the Chief

Judicial Magistrates, the consolidated period of detention undergone

by the accused in such cases before them as also before the

Magistrates, both as under-trial prisoner and as convict, shall be

furnished as a separate annexure to the judgment in the Sessions

Cases or appeals.

(15) The Registry of High Court shall call for records from the

subordinate Courts in Judicial Form No.76 in case of Criminal Appeals

and in Judicial Form No.77 in case of Criminal Revision Cases. While

sending the original case records, the Courts shall also send all the

documents like charges, deposition of witnesses, statement under

section 313 of the Code and judgment, if available, as soft copy by

email to the High Court. The Courts may send photocopy of the

162

material records duly certified in all pages by an official not below the

rank of Head Clerk of the Court concerned to be true photocopy. In a

case where the original record has been specifically called for, the

Court concerned shall send the same along with a photocopy of it

duly certified by an official not below the rank of Head Clerk. The

original record shall be returned after perusal by the Judge

concerned, retaining the certified photocopy of it.

253. Index, how to be filled up.−In filling up the indices

accompanying records of criminal cases, care shall be taken to give

the names of the witnesses in full and indicate within brackets, after

the names, their official designation, if any.

254. Material objects.−(1) When a reference is made to or

notice of an appeal or revision is received from the High Court, the

Judge shall determine whether any or which of the material objects

marked as exhibits in the case shall be sent to the High Court, and in

exercising his discretion, he shall consider whether the object can be

conveniently submitted and whether an inspection thereof will assist

the High Court.

(2)

Courts of Session

shall enclose with the records in

Sessions Cases submitted to the High Court, a list of material objects

in Judicial Form No.64.

255. Note to be made if any material object is retained.−

In every case in which any material object is retained, the order of

the Judge directing such retention shall form part of the record

submitted to the High Court.

164

CHAPTER - XXXII

DISPOSAL OF PROPERTY

257. Return of properties pending enquiry.−(1) Subject to

the procedure laid down in special statutes, the Court may give

custody of jewels, vehicles, cash and other articles under section 451

of the Code, to competent claimants without imposing onerous

conditions.

It is not necessary in all cases to impose a condition that

the property shall be preserved and produced as and when required.

A panchanama in Judicial Form No.82 may be prepared by the Court

and such panchanama can be used in evidence. Photographs may

also be taken and certified under section 65-B of the Evidence Act,

1872 (Central Act 1 of 1872) and such photographs may be used as

secondary evidence.

(2)

In respect of vehicles, if they are not claimed by the

accused, owner or by a third party, the Insurance Company shall be

informed by the Court to take possession of the vehicles. Despite

such information, if the Insurance Company does not take possession

of the vehicles, the vehicles shall be ordered to be auctioned as per

rule 261 within a period of six months from the date of production of

the said vehicles before the Court. Before handing over possession of

such vehicles, photographs of the same shall be taken and certified

under section 65-B of the said Central Act 1 of 1872 and a detailed

panchanama in the said Judicial Form No.82 also be prepared.

165

(3)

Seized idols shall be photographed and after drawing the

panchanama in the said Judicial Form No.82, the same shall be

handed over to the nearest Government museum and the said fact

shall be intimated directly to the Secretary to Government, Tourism,

Culture and Religious Endowment Department, Fort St. George,

Chennai – 600 009 or Secretary to Government, Revenue/Hindu

Religious Institutions, Art and Culture Department, Puducherry, as the

case may be, with a copy of the said communication to the High Court

for information.

(4)

Seized animals shall be kept in the nearest animal shelter

until appropriate orders are passed with regard to their interim

custody. The cost of maintenance of the seized animals shall be borne

by the person claiming custody of the same.

(5)

The material objects produced by the police which are

subject to decay, shall be destroyed after taking photos and certifying

the same under section 65-B of the said Central Act 1 of 1872. A

detailed panchanama in this regard shall also be prepared.

258. Disposal of counterfeit coins and forged currency

notes.−(1) When counterfeit coins have to be disposed of by a Court

under sections 452, 457 or 458 of the Code, they shall be forwarded

together with any dyes, moulds, etc., which may have been produced

in the case, to the nearest treasury or sub-treasury with a request

that they may be remitted to the mint for examination. A concise and

accurate report shall also be sent containing a description of the case

and the sentence imposed.

166

(2) In the case of forgery of currency notes, the disposal of

implements, such as moulds, dyes, etc., produced in, and confiscated

by a Court of law, is a matter for the decision of the Court which tries

the case; and when they are ordered by the Court to be delivered to

the police for destruction, the police shall themselves arrange for

their destruction and not send them to the currency offices or mints

for destruction, provided that, if the police consider any particular

implements are of special interest and should be preserved, they shall

make them over to the Criminal Investigation Department for this

purpose.

(3) All forged currency notes brought before the Court shall be

handed over to the police for being forwarded to the Issue

Department of the Reserve Bank of India, with a brief report of the

case.

259.

Implements,

e.g.,

moulds,

dyes,

etc.,

destroyed by the police.−In all appealable cases, the disposal of

counterfeit coins, forged currency notes and implements such as

moulds and dyes, in accordance with the previous rule, shall be

deferred till the period of time allowed for preferring an appeal

expires and in the event of appeal, until it is disposed of.

167

260. Disposal of excisable goods in Court custody.−In the

case of excisable goods held in the custody of Court, notice of the

date of auction or other method of disposal shall be issued to the

Excise authority concerned requiring such authority to arrange for the

collection of the duty leviable, if any, on the goods and for issue of a

transport permit where necessary. The Excise authority may also be

required to satisfy itself that the purchaser in auction or otherwise is

licensed to deal in such goods.

261. Disposal of properties liable for confiscation.−The

Sessions Judge shall hand over all the properties, other than the

properties mentioned in the foregoing rules, that are liable for

confiscation, lying in the Courts within the Sessions Division, to the

Collector of the District, who shall accept and dispose the same in

accordance with the rules framed by the Government, from time to

time. Before handing over a confiscated property, the Sessions Judge

shall ensure that there is no appeal or revision pending in respect of

the case.

262. Destruction of properties.−Subject to the above rules,

a Court shall hand over all other properties that are liable for

destruction, to the investigating agency of the case for destruction

and filing of report. Before handing over a property liable for

destruction, the Court shall ensure that there is no appeal or revision

pending in respect of the case.

168

263. When material objects are to be disposed.−(1) The

material objects exhibited at the trial of criminal cases should be

retained by the Court until the Court is satisfied that the appeal time

has expired and that no appeal has been presented or that any

appeal presented has been disposed of. But, when a case is disposed

of by the High Court, the material object shall ordinarily be disposed

of by the lower Court after the expiry of 90 days from the date of

judgment of the High Court, unless in the meantime, the parties

interested have, on a proper application, obtained a direction from

the High Court for preservation of such objects, pending disposal of

an application for leave to appeal to the Supreme Court under sub-

clause (c) of clause (1) of Article 134 of the Constitution of India, or a

Special Leave Petition; or

intimation of appeal preferred to the

Supreme Court of India under sub-clauses (a) and (b) of clause (1) of

Article 134 of the Constitution is received. After that, they may be

destroyed or otherwise disposed of according to these Rules:

Provided that in a Sessions Case where the material object

confiscated is a weapon, other than a fire arm or ammunition, and is

in the opinion of the Sessions Judge of a most unusual character or of

special interest in the light of the facts of the case, it shall be

ascertained by reference to the Professor of Medical Jurisprudence of

the Medical College, Chennai and the Principal of the Police Training

School concerned, whether it is required for the Medico Legal

Museum of the College or for the Police Museum in the School. The

weapon shall be destroyed only if it is not so required. If it is so

required, it shall be sent either to the Professor of Medical

Jurisprudence or the Principal, Police Training School. The former

shall, however, have priority over the latter in respect of weapons for

which there is a demand from both of them:

169

Provided further that such of the material objects as may

be required for the Police Training School Museum shall be

returned to the Superintendent of Police of the district concerned

at their request after the appeal time has expired.

(2)

The

Court of Session, before destroying the material

objects, shall ensure that no appeal or petition against the Sessions

Case has been filed and pending,−

(i)

by addressing the High Court and ascertaining

whether any appeal or petition had been preferred and

getting a reply from the High Court that no appeal or

petition had been preferred or presented or an appeal

or petition, if preferred or presented, is pending and

also waiting for another three months from the date of

communication;

(ii)

by addressing the police station concerned and

ascertaining in writing from the police that no appeal or

petition is preferred and presented or pending;

(iii)

addressing

the

accused

through

the

Superintendent of Prison concerned whether he had

preferred or intends to prefer an appeal or petition and

getting a reply from the accused concerned.

(3)

Whenever it is decided by the Court that fire arms

and ammunition such as bullets, bombs and other explosive

materials involved in the cases are to be destroyed, instead of

directing their destruction, the same shall be handed over to the

Commissioner of Police or Superintendent of Police of the

District, as the case may be, under due acknowledgment.

170

CHAPTER - XXXIII

DESTRUCTION OF CASE RECORDS

264.

Destruction of case records.−

(1) An index in

Administrative Form No.46, shall be put up with the record of every

case of its first institution and each paper as it is filed with the

records shall be entered in such index.

(2) Every record shall, after its completion and immediately

before it is deposited in the record room, be divided into parts as

shown in the table given in Part B in the said Administrative Form

No.46 and to facilitate this division, each paper, shall, so soon as it is

filed with the record, be numbered and marked off in the index as

appertaining to one or another of such parts.

(3)

Other documents which have been produced by parties,

but, have either not been tendered in evidence, or, having been

tendered in evidence, have been rejected, shall be kept apart from

the record of the case or other proceeding to which they belong and

shall, if not reclaimed by the party who produced them, be retained

in the Court in which they were produced for a period of one year

from the date of the final order of the Court in the case or proceeding

in which the documents were produced and shall, at the expiration of

that period, be destroyed in the manner prescribed by sub-rule (9) of

this rule:

Provided that notice of destruction shall be given in the manner

prescribed by sub-rule (11) of this rule, in the months of January to

July succeeding the date of expiry of the period of one year referred

to in this rule and also by affixing to the notice-board of the Court (at

the time of publication in the Gazette) a copy of the notice published

in the District Gazette. Sub-rule (12) of this rule shall not apply to

such documents.

171

(4)

No application is necessary for the return of the

documents produced, which have either not been tendered in

evidence, or, if tendered, have been rejected. It is sufficient if a

receipt for their return is taken in the list with which they have been

put up.

(5) The part of the records described in the table given in Part C

of the said Administrative Form No.46 shall be retained for the period

respectively specified against them from the date of their completion,

provided that, in any case, the Presiding Judge or Magistrate may, for

reasons to be recorded in writing, direct that any of the papers in any

one part be transferred to any other part for which a longer period of

retention is prescribed; in which case the fact shall be noted in the

index and the papers dealt with as if they had belonged from the

commencement to the part to which they were so transferred.

Note: Except as otherwise specially provided, the records mentioned

in this sub-rule shall be taken to have reached their completion on

the date of the final order of the Court of first instance, or in the

event of an appeal or revision, from the date of the final order of the

superior Court.

(6) The Court registers, books and papers described in the table

given in Part D of the said Administrative Form No.46 shall be

retained for the period respectively specified against them reckoning

from their respective dates or from the dates at which they close:

Provided that the Sessions Judge or Chief Metropolitan

Magistrate/Chief Judicial Magistrate, may, in his discretion, direct the

retention, for a longer period or permanently, of papers which he

may consider likely to be useful in the future, as containing the

results of enquiries or other information, or the opinions of

experienced

officers

matters

connected

with

the

general

172

administration of justice, and provided also that no Court subordinate

to the Chief Metropolitan Magistrate or Chief Judicial Magistrate shall

cause any papers to be destroyed under the next succeeding sub-rule

without having first obtained from such Chief Metropolitan Magistrate

or Chief Judicial Magistrate of the district, as the case may be,

permission in writing to do so.

(7)

When any document of which the destruction is ordered

by these rules, is, before it has been destroyed, made evidence in any

other case or proceeding, the rule regulating its destruction shall be

the rule applicable to evidence filed in such case or proceeding where

the period prescribed by such last mentioned rule is in excess of the

period prescribed by the rule which originally governed its

destruction.

(8) All records, books and papers described in the tables given

in Parts C and D of Administrative Form No.46 shall be destroyed

without fail at the expiration of the period respectively indicated

against them:

Provided that the document produced in the Court by the

Government officials shall not be destroyed, but shall, if not

previously returned, be transmitted to the responsible officers on the

expiry of the period prescribed for their retention.

(9) All records, books and papers to be destroyed under sub-

rule (8) shall be disposed of according to the instructions issued in

that behalf.

(10) Whenever records, books or papers are destroyed under

sub-rule (8), a complete list of the records, books or papers so

destroyed shall be prepared and the date of destruction shall be

entered at the head thereof. It shall be the duty of the Record

Keeper (or his Assistant, if there is one) to certify the correctness of

these lists. Whenever Sessions Case

judgements in which the

173

sentence passed is one of imprisonment for life are destroyed, the

Record Keeper or his Assistant, as the case may be, shall also certify

that the judgment is destroyed either because a report of the

convict's death has been received or because the convict has been

released.

(11) To enable parties, who have filed documents in Court, to

withdraw the same before the period appointed for Gazette in January

of each year stating that all documents filed in the cases (to be

therein enumerated) will unless previously reclaimed, be destroyed at

the expiration of the period indicated in the notice in Judicial Form

No.58; and the following note shall also be entered at the foot of

every copy of a judgment or order granted to any of the parties to

the case or proceeding in which judgment or order was made or to

the advocates, or authorised agents of such parties:−

"The parties shall apply, as soon as possible, for the

return of all exhibits which they may wish to preserve, as

the record will be liable to be destroyed after three years

from this date."

(12) The above rules do not apply to non-magisterial records of

Revenue Officers, such as Gazette files, etc., but apply only to the

judicial records of these officers.

(13) In order to facilitate the work of destruction of records,

there shall be maintained in the record room of each Court, a register

in Administrative Form No.31 (Criminal Register No.31).

(14) Documents which are required for the Police Training

School Museum shall be sent to the District Superintendents of Police

of the district concerned at their request after the appeal time has

expired.

174

CHAPTER - XXXIV

SUPERVISION OF SUBORDINATE CRIMINAL COURTS

and

ANNUAL INSPECTION

265. Supervision by Sessions Judges and Chief Judicial

Magistrates.−

(1)

The Code declares that every Chief Judicial

Magistrate and Chief Metropolitan Magistrate and every Additional

Chief Metropolitan Magistrate shall be subordinate to the Sessions

Judge and every other Judicial Magistrate, subject to the general

control of the Sessions Judge, be subordinate to the Chief Judicial

Magistrate and every Metropolitan Magistrate shall, subject to the

general control of the Sessions Judge, be subordinate to the Chief

Metropolitan Magistrate and that the Chief Metropolitan Magistrate is

responsible for the supervision of the judicial work and administrative

work of all Metropolitan Magistrates and the Chief Judicial Magistrate

must supervise the

administrative and

judicial work of all the

Magistrates within the District.

(2)

The Chief Judicial Magistrate/Chief Metropolitan Magistrate

shall not requisition the services of their Sherishtadar either for

surprise inspection or annual inspection.

266. Points to be noticed in exercising supervision.−

Some of the points to which the attention of the Sessions Judges,

Chief Metropolitan Magistrate

and Chief Judicial Magistrates is

particularly directed in the exercise of their power of supervision are

noted below:-

(1) Rash issue of process to the accused; judicious

and discriminating use of the provisions of sections 203 and

245 of the Code.

175

(2)

Dealing with disputed claims of civil right under

colour of criminal charge.

(3)

Indiscreet imposition of fines beyond the means

of offenders.

(4)

The imposition of heavy fines in addition to

imprisonment with a view, in default of payment, to

extending the term of imprisonment beyond the powers of

the Magistrate to inflict.

(5)

Indiscriminate extensions of the grant of time

for the payment of the fine without regard to principles laid

down in section 424 of the Code.

(6)

Excessive sentence of imprisonment out of all

reasonable proportion to the offence of which the accused

has been convicted.

(7)

Failure to make a discriminating and judicious

use of the provisions of section 360 of the Code, the

Juvenile Justice (Care

and

Protection of Children) Act,

2015, (Central Act 2 of 2016), the Tamil Nadu Borstal

Schools Act, 1925 (Tamil Nadu Act 5 of 1926) and the

Probation of Offenders Act, 1958 (Central Act 20 of 1958).

(8)

Light punishment for offences requiring severe

sentences with special reference to cases which should have

been submitted by the Subordinate Magistrates to the

Superior Courts for higher punishment.

(9)

Exaction of excessive bail or excessive security

for keeping peace, or for good behaviour.

(10) Avoidable delay at any stage of the trial of the

cases.

(11) Needless adverse remarks in judgments against

public servants.

(12) If a sentence of imprisonment for a term of less

than three months is awarded for the types of offences

mentioned in sub-section (4) of section 354 of the Code,

the reasons recorded by the Magistrates should be noticed.

176

267. Security from Ministerial servants and testing of the

same as to its sufficiency.−(1) The incumbents of the posts of

Head Ministerial Officers in the Court should furnish security for a sum

of Rs.1,000/- as cash deposit in any nationalised bank and execute an

indemnity bond in favour of the Principal Judge in the City of Chennai

or the Principal District Judge or District Judge in the Districts, as the

case may be. The Magistrates concerned shall, however, continue to

be responsible for the custody of cash and valuables.

(2)

The Principal Judge in the City of Chennai or the Principal

District Judge or District Judge in the Districts, as the case may be,

should strictly insist on the security prescribed in sub-rule (1), being

furnished by the incumbents concerned within a reasonable time after

their appointment to the post. On failure to furnish the security, the

Head Ministerial Officer shall be liable for departmental action.

(3)

The rules contained in Chapter XII of the Tamil Nadu

Financial Code, Volume I, shall mutatis mutandis apply to the security

bond furnished under this rule, provided that the form of the security

bond shall be executed in Form No.19 of the Tamil Nadu Financial

Code with such variations as the circumstances of the case require.

For the Union Territory of Puducherry, the extant Rules shall mutatis

mutandis apply to the security bond furnished under this rule.

(4)

The security bonds and the fidelity bonds furnished under

these rules shall be kept in the personal custody of the Chief

Administrative Officer in the Court of the Principal Judge in the City of

Chennai or Principal District Judge or District Judge in the Districts, as

the case may be. The Principal Judge, Chennai or the Principal

District Judge or District Judge in the Districts, as the case may be,

177

shall, from time to time, renew the cash security furnished by way of

fixed deposit till the need ceases. Such security taken could be

retained for a period of at least six months from the date of

promotion of the person concerned or he vacating the post in that

category. Only in the absence of approved breach, the security

amount shall be refunded. The Principal Judge, Chennai or the

Principal District Judge or District Judge in the Districts, as the case

may be, shall report to the High Court, in their annual reports, that

such securities have been duly examined and are found to be

satisfactory.

(5)

During their annual inspection of the Courts, the Principal

Judge, Chennai or the Principal District Judge or District Judge in the

Districts, as the case may be, should see whether these rules have

been followed and record their observations in their inspection notes.

268. Inspection of Courts by Chief Judicial Magistrate

and Chief Metropolitan Magistrate.−

(1) The Chief Judicial

Magistrate shall inspect every year or of more often if need be, all the

Courts of Judicial Magistrates in his district.

(2) The Chief Metropolitan Magistrate shall inspect every year

or of oftener if need be, all the Metropolitan Magistrate Courts in

Chennai.

(3) Reports of the inspection should be submitted to the High

Court by the Chief Judicial Magistrate/the Chief Metropolitan

Magistrate, in Administrative Form No.52, as early as possible.

178

269. Inspection of Courts of Executive Magistrates on

judicial duty.−The Courts of Executive Magistrates on judicial duty

in the districts shall be inspected by the Judicial Magistrates. They

shall inspect the registers relating to property, fines and cash in such

Courts within their jurisdiction once a quarter.

Note.−(1)

The inspection referred to above shall be conducted in

the second fortnight of the month following each quarter.

(2)

The reports of inspection shall be submitted to the Chief

Judicial Magistrate concerned;

270.

Calendar

Statement

and

Judgment

submitted.−(1) All Metropolitan Magistrates/Judicial Magistrates

shall submit a calendar statement along with a copy of the judgment

in every case if the offences/any one of the offences are/is punishable

with imprisonment for two years and above to the Chief Metropolitan

Magistrate/Chief Judicial Magistrate within three days from the date of

judgment. The calendar statement shall

contain the following

particulars:−

1. Calendar Case No.

2. Nature of offence (with section of law)

3. Name of the Accused

4. Caste

5. Age

6. Date of offence

7. Date of filing

8. Date of apprehension

9. Commencement of trial

10. Close of trial

11. Date of judgment

12. Verdict and sentence

13. Explanation of delay

14. Remarks

179

(2) On receipt of such calendar and judgment, if the Chief

Metropolitan Magistrate or Chief Judicial Magistrate, as the case may

be, finds errors or mistakes, if any, in the judgments, he shall enter

the same in Administrative Form No.22 (Criminal Register No.22) and

he may call for remarks from the Magistrate concerned and the reply

of the Magistrate to the remarks shall be entered in Administrative

Form No. 23 (Criminal Register No.23).

(3) If, in the opinion of the Chief Metropolitan Magistrate or

Chief Judicial Magistrate, as the case may be, the error or mistake

falls within the ambit of section 395 or 397 of the Code, the Chief

Metropolitan Magistrate or Chief Judicial Magistrate, as the case may

be, shall submit a report along with the calendar and judgment to

the Sessions Court or High Court forthwith.

(4) In the absence of any urgency, no reference shall be made

from the proceedings of a Magistrate in cases where an appeal is

provided by law until the time allowed for appeal has expired. Where

an appellate order or judgment is in existence, the reference shall be

on that order and not on the order of the Court of first instance.

180

CHAPTER - XXXV

FEES FOR SERVICE OF PROCESS,

BATTA TO COMPLAINANTS, WITNESSES AND ACQUITTED

PERSONS AND CHARGES FOR CONVEYANCE OF PRISONERS

271. Process Fees.−All processes issued by Courts in the

State of Tamil Nadu and the Union Territory of Puducherry shall be

charged to Court fees according to the rules framed under section 80

of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 (Tamil

Nadu Act XIV of 1955) and the Puducherry Court Fees and Suits

Valuation Act, 1972 (Puducherry Act 6 of 1973), respectively.

BATTA

272. Cases in which the Government will pay batta.−

Subject

to the rules hereinafter contained, the allowances to

complainants and witnesses (whether for the prosecution or for the

defence) shall be paid by the Court out of the funds provided by the

State Government in the following classes of cases, viz.: −

1. Cases shown in the First Schedule of the Code and

other enactments as non-bailable;

2. Cases in which prosecution is instituted or carried

on under the orders or with the sanction of the Government

or of any public servant acting as such;

3. Cases in which the witness has been compelled to

attend by a process issued under section 311 of the Code;

4. Cases in which the Court certifies that the

attendance of such witness was in furtherance of the

interests of public justice.

181

273. Batta by private complainants and by accused.−In

cases other than those coming under the preceding rule, the

complainant or the accused, as the case may be, shall deposit in

Court, the allowances for the witnesses cited by him. The particulars

of such deposits shall be maintained in Administrative Form No.26

(Criminal Register No.26). The party citing the witness shall, subject

to the approval of the Court, fix the class in which the witness is to be

placed with due regard to his station in life.

274.

Person

taking

part

identification

parade

conducted by a Magistrate entitled to subsistence expenses.−

If a person taking part in an identification parade held by a Magistrate

appears before him in response to a summons issued by him or at his

direction or order, he shall be paid allowances at the rates specified in

these rules:

Provided that a Magistrate may, for reason to be recorded in

writing, disallow such allowances.

275. Advance payment.−

The Court may make reasonable

advance payment of allowances to witnesses summoned to give

evidence or produce documents.

276. Classification of witnesses.−(1) For the purpose of

these rules, witnesses shall be divided into two classes, official and

non-official.

(2) Official witnesses, i.e. public servants to whom service rules

are applicable, summoned to give evidence in their official capacity,

shall be entitled to travelling allowance at the rates prescribed by the

relevant rules applicable to them for their journey to and from the

182

Court and for the day spent by them in attendance at the Court to

give evidence in cases coming under rules 272 and 273. The Court,

however, shall not make any payment to an official witness in such

cases, but, shall grant him a certificate that he appeared for giving

evidence in his official capacity in Judicial Form No.59. Such

certificate shall also state the date on which the witness appeared and

the duration of the period for which he was detained, so as to enable

him to draw travelling allowance and the batta under the relevant

rules. The acknowledgments for giving such certificates shall be

obtained in Administrative Form No.27 (Criminal Register No.27).

(3) In cases in which a public servant has to give evidence

before a Court which is situated not more than 8 kilometres from his

place of official work, the Court may, if it considers necessary, pay

him the actual travelling expenses incurred.

(4) When a public servant appears in his official capacity as a

witness in a case which does not fall under rules 272 or 273, but, falls

under sub-section (3) of section 243 or sub-section (3) of section 254

of the Code, the party at whose instance he is summoned, shall

prepay into the Court, the travelling and halting allowance admissible

to him under the relevant rules applicable to him. The amount so

pre-paid shall be credited to the Government account but the Court

shall give the witness a certificate containing the particulars, specified

in sub-rule (2) so as to enable him to draw the travelling and halting

allowance admissible under the relevant rules.

(5) When a public servant appears to give evidence in any case

as a private person, travelling allowance and batta may be paid to

him in the ordinary manner, but, the Court shall send an advice of all

183

such payments made to him to the head of the office in which he is

employed. In this advice, the amount paid as batta and the period

during which the attendance of the witness in Court was necessary,

shall be stated.

(6) When an Armed Force / Para Military Force personnel

appears in any case coming under rule 272 or 273 to give evidence in

his official capacity, he shall be paid the travelling allowance and batta

admissible under the regulations applicable to him and shall also be

furnished with a certificate showing in detail, the amount paid.

(7) When Engineers, Medical and Health Officers whose services

are lent by the Government to the local bodies, attend the Court to

give evidence in their official capacity and not either in their private

capacity or in prosecution instituted by the local body, they shall be

paid travelling allowance and batta from the State funds at the same

rates as would be admissible to Government servants of similar

grades under the Rules applicable to them.

(8) Medical subordinates in the employment of local bodies

including Government servants lent to, and paid by, the local bodies

and Municipalities, when attending the Court to give evidence in their

official capacity, shall be paid the same rate of allowance as would be

admissible to the Government servants of similar grades under the

relevant rules applicable to them.

Explanation.−For the purpose of this sub-rule, the expression

“medical subordinates” include compounders, midwives, nurses, etc.

184

(9) Honorary Medical Officers, when attending the Court to give

evidence in their official capacity, shall be paid allowances at the rates

admissible to the Government servants of similar grades under the

relevant rules applicable to them.

277. Non-official witness.−Travelling allowance and batta

payable to non-official witness shall be determined by the Court with

due regard to the station in life of the witness and paid.

278. Rates of payment.−Rates of travelling allowance and

daily allowance payable to witnesses may be on the rates fixed by the

Government under the Travelling Allowance Rules

as nearly as

possible.

279.

Expert witnesses.−

(1)

Fees for the services and

expenses of expert witnesses from the Finger Print Bureau shall be

credited to the State Government, except the travelling allowance

which shall be paid to the experts.

(2) The teachers of the deaf and dumb schools shall be treated

as expert witnesses in the matters of interpreting the deaf and dumb

in Court. They shall be paid the same rates of fees as are payable to

other experts.

(3) Expert or scientific witnesses shall be paid such fee of not

less than Rs.500/- and the maximum amount payable shall be

determined by the Presiding Officer on the facts and circumstances of

the case. These witnesses shall also be entitled to the allowances

prescribed for the ordinary witnesses of their class.

185

280. Rail or other public transport service rate alone to

be allowed.−Wherever it is practicable for witnesses to travel by rail

within the State or by other public transport service within the State,

they shall be allowed not more than the rate prescribed for those

modes of conveyances. Where the witnesses are to travel from

outside the State, they shall be paid the actuals spent for travel by

any mode.

281. Daily allowance.−Daily allowance may be paid for the

days spent for travelling to the Court and for the return journey. The

daily allowance will cease as soon after the conclusion of the enquiry

or trial, as the means of quitting the place becomes available.

282. Disallowance of expenses of witnesses.−It shall be

competent for the Court, before which a complainant or witness

(whether for the prosecution or defence) appears, to disallow

payment of any expenses by the State, if for any cause to be

recorded, the Court thinks fit to do so.

283. Travelling allowance to be paid by Government on

production of certificate of attendance in Court.−(1) In a

criminal case to which the State is a party, a Government servant

giving evidence regarding the facts of which he has official knowledge

shall, on production of a certificate of attendance issued by the

summoning Court, be paid travelling allowance by the Government

under whom he is serving.

(2) In a criminal case to which the State is not a party, a

Government servant giving evidence regarding facts of which he has

186

official knowledge shall, on production of a certificate duly signed by

the Controlling Officer showing the rates of travelling and daily

allowances admissible to him for a journey on tour, be paid by the

summoning Court, the travelling and daily allowances admissible to

him according to the rates shown in the certificate.

284. Scrutiny of bills.−All bills for travelling allowance and

batta to complainants and witnesses attending the Court of Magistrate

shall, after payments have been made by such Courts, be scrutinised

by the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as

the case may be, within whose jurisdiction such Courts are situated,

before the charges included in them are finally passed to the

Accounts Department for adjustment.

285.

travelling

allowance

when

complaint

dismissed under section 250 of the Code.−In a case where a

Magistrate decides to proceed under section 250 of the Code, no

travelling allowance or batta shall be paid to the complainant.

286. Carriage expenses.−The Court may, in the case of

witnesses who, by reason of sickness, old age or other physical

disability, are unable to travel by public conveyance, pay the expense

actually incurred by them on private conveyance.

287. Batta to acquitted prisoners.−For the purpose of

enabling an acquitted prisoner to return to his place of residence, the

Court may pay batta and travelling expenses at the rates prescribed

for witnesses to the person,−

188

CHAPTER - XXXVI

MISCELLANEOUS

288. Dress Code of Advocate Clerks.−The Clerks of the

advocates in all Courts shall wear black coat and display their identity

cards whenever they enter into the Court hall and to the Registry.

289. Receipt of documents.−Any document like statement

under section 161 of the Code, etc. forwarded by the investigating

agency shall bear the seal of the Court and the date of its receipt.

290. Furnishing copies to the accused.−It is not necessary

for the Court to insist upon the presence of all the accused for the

purpose of furnishing copies under sections 207 and 208 of the Code.

The Court may furnish such copies to the available accused under due

acknowledgement.

291. Questioning of the accused.−After furnishing copies of

relied upon documents under section 207 of the Code, the accused

shall be questioned after a day's interval so that the accused may

contact his advocate or friends for proper arrangement of his defence.

292. Trial of Prevention of Corruption Act cases.−The

Presiding Officers of the Courts constituted under the Prevention of

Corruption Act, 1988 (Central Act 49 of 1988) shall allot at least

minimum three continuous days to a particular case and issue

summons to the witnesses on those three days, so that independent

witnesses can be examined simultaneously and the trial in a particular

case could be completed early.

189

293. Documents filed under sub-section (2) of section

294 of the Code.−Where any document is filed before any Court by

the prosecution or defence, the particulars of every such document

shall be listed as per sub-section (2) of section 294 of the Code in

Judicial Form No.78, as prescribed by the State Government. This

shall apply to the Courts in the Union Territory of Puducherry also.

294. Questioning under section 313 of the Code.−The

Judge/Magistrate shall frame the questions under section 313 of the

Code with care and precision. The way of questioning the accused is

to put to him, one by one, all the vital points in the evidence against

him in simple, short and easily intelligible sentences and to ask him if

he wishes to say anything in regard to them, by way of explanation.

295. Compounding of offences.−(1) The Court may invite

the parties to resort to compounding of the offence in deserving

cases, as per section 320 of the Code.

(2)

Joint memorandum with supporting affidavits signed by

the aggrieved person/persons and accused shall be filed along with

the petition for compounding of the offence under section 320 of the

Code.

(3)

While permitting compounding of the offence, it is not

necessary for the Court to examine the

investigating

officer.

However, the Court may direct the presence of the investigating

190

officer in cases where his presence is required for identifying the

parties.

296. Compliance of High Court's directions.−Whenever

any direction is given by the High Court, the subordinate Court

concerned shall,−

(a)

dispose of the proceeding pending on their file

within the time specified in the order of the High Court and

report the fact to the High Court immediately after disposing

of the proceeding concerned; or

(b)

make a request to the High Court for extension

of time for carrying out the directions, well in advance of the

date specified in the order of the High Court, stating the

reasons therefor and the further time required, if for any

reason, the subordinate Court concerned is not able to

comply with the order of the High Court within the time

specified.

297. Procedure when re-trial ordered.−(1) When criminal

cases are remanded for re-trial, they shall be restored to their

original numbers and not assigned new numbers.

(2)

For the purpose of accounting of remand cases in the

"Register of Calendar cases received" in Administrative Form No. 4

(Criminal Register No.4), a note shall be made in column 9 of the said

ordered and fresh disposal noted against that entry as soon as the

cases are disposed of on re-trial.

191

(3)

Similar notes shall also be made in columns 26 and

35 of the "Register of Results of Inquiries and Trials" in

Administrative Form No.7 (Criminal Register No.7) and the

"Register of Punishments" in Administrative Form No.8 (Criminal

the fresh disposal noted under the above columns against the

previous entries as soon as the cases are disposed of on re-trial.

(4)

Re-trial cases shall be treated as fresh institution (on

remand) and fresh disposal (on disposal) for the purpose of

statistics.

298.

Records

movement

register.−

Administrative Form No.64 shall be maintained in all the subordinate

Courts for movement of records among the Bench Clerk and Steno

Typist and other members of the staff, before consignment of the

same to the Record Room in order to fix the responsibility on the

concerned for loss of records.

299. Register for stayed cases.−All the subordinate Courts

shall maintain a separate Register in Administrative Form No.63 in

respect of cases in which trial has been stayed by any appellate Court

and the same shall be maintained by the Head Ministerial Officer of

the Court concerned, to keep a watch on the further course of action

to be taken by the respective Courts.

300. Judicial Forms.−The following Judicial Forms (which are

not covered in the foregoing Rules) shall be used for the purposes

mentioned against them:−

192

Judicial

Form

No.

Purpose for which the Judicial Form is to be used

To place the in-charge officer during the absence of the

Chief Judicial Magistrate under section 12 of the Code.

To bring up a witness after service of summons under

section 87(b) of the Code.

For issuing notice under section 122 of the Code.

For issuing warrant of imprisonment on failure to pay

maintenance under section 125 of the Code.

For appointment of a receiver under sub-section (2) of

section 146 of the Code.

For issuing notice under sections 195 and 340, 341 &

343 of the Code.

For issuing notice to complainant under section 200 of

the Code.

For issuing warrant of commitment of a person

charged with an offence.

For recording plea of the accused under sections 229

and 230 of the Code.

For issuing warrant of commitment on a sentence of

imprisonment or fine or both, in pursuance of an order

passed on appeal under sections 255, 248 and 386 of

the Code.

For examination of the accused.

For issuing order for detention in custody of Approvers

under section 306 of the Code.

For issuing warrant to the accused under section 322

of the Code when the case is stayed by the Magistrate.

For issuing warrant of commitment under section 345

of the Code in cases of contempt.

For issuing warrant of commitment of witness under

section 349 of the Code when he refuses to answer or

produce a document or thing.

For getting bond for probation of good conduct under

section 360 of the Code.

193

Judicial

Form

No.

Purpose for which the Judicial Form is to be used

For issuing order of dismissal of appeal under section

384 of the Code.

For issuing an order confirming a sentence

under

section 386 of the Code.

For issuing warrant of release of a prisoner under

section 386 of the Code.

For issuing notice of revision petition under section

403 of the Code.

For issuing notice of application for transfer under

sections 408 to 412 of the Code.

For issuing warrant of commitment of the surety of an

accused admitted to bail under section 446 of the

Code.

For issuing warrant of imprisonment on breach of a

bond to keep peace or to be of good behaviour or to

appear before a Court under section 446 of the Code.

For issuing warrant of imprisonment on forfeiture of

bond for good behaviour or to keep peace

under

section 446 of the Code.

For getting bond for return of property under sections

451 and 452 of the Code.

For issuing notice to a party for getting back the

properties under section 452 of the Code.

For issuing proclamation in respect of unclaimed

properties under section 457 of the Code.

For issuing order of detention of adolescent offender in

Borstal Schools.

For issuing warrant of commitment under sentence of

death.

For issuing subpoena to witness (on commission).

For issuing certificate under section 5 of the Press and

Registration of Books Act, 1867 (Central Act 25 of

1867)

194

301. Administrative Forms.−The following Administrative

Forms in the form of Criminal Registers (which are not covered in the

foregoing Rules) shall be maintained as described against them:−

Admn.

Form

No.

Description

under

section

138 of the

Railways Act, 1989 (Central Act 24 of 1989)

awarded.

Fair Copy Register.

Chief Judicial Magistrates' Courts.

Cash Book.

payable to local body.

Working sheets for fine recovery.

Statement of pending cases.

Sessions Statement to be submitted by the committing

Magistrates to the Chief Judicial Magistrates.

Statement showing trial of Sessions Cases.

Sessions Statement submitted to the High Court.

Calendar of criminal cases.

List of calendars despatched to the Sessions Court by

the Chief Judicial Magistrates.

195

Admn.

Form

No.

Description

Receipt to be granted by Magistrate Courts.

Receipt for sending valuable properties for disposal.

Pay Order Book for Metropolitan Magistrate Courts.

Disbursing

Officer's

statement

expenses

Metropolitan Magistrate Courts.

Daily

Cash

Book

Accountant

Metropolitan

Magistrate Courts.

Monthly Cash Book of Receipts and Payments in

Metropolitan Magistrate Courts.

302. Except register of copy applications, cash book, fair copy

expenses, daily cash balance register, daily cash book of the

Accountant, monthly cash book of receipts and payments and Court

deposit register, no special forms have been prescribed under these

Rules for maintenance of the registers referred to in Questionnaire 45

Administrative Form No.52, as these registers have been

maintained since the constitution of the Court system in the Madras

Presidency.

303. Forms prescribed by these rules shall be used by the

Courts in the State of Tamil Nadu and Union Territory of Puducherry

for the respective purposes therein mentioned, with such variations,

as the particular circumstances of each case may require.

196

APPENDIX

Judicial Form No. 1

(See Rule 300)

PROCEEDINGS OF THE CHIEF JUDICIAL MAGISTRATE OF………………….

(Section 12, Cr.P.C.)

Dated the …. day of …............... 20…….

Under section 12 of the Code of Criminal Procedure, 1973 (Central Act 2 of

1974),

the Chief Judicial Magistrate of .................... hereby defines the local area

within which Sri.............................. appointed to be a Magistrate for the district of

…..............., and may exercise the powers with which he has been invested by the

State Government and the Chief Judicial Magistrate of …................. to be as

follows:-

Chief Judicial Magistrate

Copy to—

(1) The Officer concerned

(2) The District Superintendent of Police …...............

197

Judicial Form No.2

[See Rule 29(18)]

LETTER OF REQUEST FOR THE APPEARANCE OF THE PRESIDING

OFFICER OF PARLIAMENT OR OF STATE LEGISLATURE OR THE

CHAIRMAN OF A COMMITTEE THERETO AS A WITNESS

From

The Speaker of the House of the People

The Chairman of Council of States, Parliament House, New Delhi

The Speaker of the Legislative Assembly

The President of the Legislative Council of ….........

The Chairman of …................................

(Cause title)

In the above proceeding, the complainant/accused proposes to examine you as

a witness. I have to request you to be so good as to appear in my court at 11 a.m. on

…...

Dated:

Yours faithfully,

(Designation)

198

Judicial Form No.3

(See Rule 300)

WARRANT TO BRING UP A WITNESS AFTER SERVICE OF SUMMONS

(Section 87(b) Cr.P.C.)

…..........

Whereas complaint has been made before me that …......... has or is suspected

to have committed the offence of …........... and whereas it is proved that the

summons issued to ….............. who, it appears, likely can give evidence concerning

the said complaint, has been duly served in time to admit of his appearing in

accordance therewith but that he has filed so to appear without offering a reasonable

excuse for such failure;

This

authorize

and

require

you

arrest

the

said

………………… and on the ….. day of …........ 20...., to bring him before this Court

to be examined touching the offence complained of.

Given under my hand and the seal of the Court, this …. day of …...........20....

Magistrate.

If the said …............ shall give bail himself in the sum of Rs. …....

with one

surety/two sureties each in the sum of Rs. …........ to attend before me on the ……

day of …….. 20.., and to continue so to attend until otherwise directed by me , he

may be released.

Dated this … day of …… 20.. .

Magistrate.

Seal

199

Judicial Form No.4

[See Rule 245]

LETTER OF REQUEST FOR PRODUCTION OF RECORDS IN THE CUSTODY OF A

HOUSE OF PARLIAMENT OR OF A LEGISLATURE OF A STATE

From

…..........

The Speaker of the House of the People/

The Chairman of the Council of States

Parliament House

New Delhi

The Speaker of the Legislative Assembly of ........

The President of the Legislative Council of .........

(Cause title)

Sir,

(Where mere production of document is required):- In the above proceeding, the

complainant/accused proposes to rely upon the documents specified in the Annexure, which are in

the custody of the House of the People/The Council of States/Legislative Assembly/Legislative

Council. I have to request you to move the House if you have no objection, to grant leave for the

production of documents in my court and, if such leave is granted, to arrange to send the

documents/certified copies of the documents so as to reach me on or before …............. by

Registered Post with Acknowledgment Due or through an officer in the Secretariat of the House.

(Where oral evidence of an officer in the Secretariat of the House is required) in the above

proceedings, the complainant/accused proposes to examine . . . . . an officer in the Secretariat of the

House of the People/the Council of States/Legislative Assembly/Legislative Council (or any duly

informed officer in the Secretariat of the House) as a witness in regard to matters specified in the

Annexure. I have to request you to move the House, if you have no objection to grant leave for the

examination of the said officer in my court at 11 a.m. on . . . . …....

Date:

Yours faithfully,

ANNEXURE:

. . . . . .

200

Judicial Form No. 5

(See Rule 242)

SUMMONS TO PRODUCE

(Section 91, Cr.P.C.)

IN THE COURT OF THE ……………….MAGISTRATE OF …………

Case No. ……..of 20….

Complainant

vs.

Accused

……… of ……………

Whereas a complaint has been made before this Court that the accused has (or

is suspected to have) committed the offence of ….......... and it has been made to

appear to this Court that the production of the under-mentioned documents/things now

in your possession or power is necessary/desirable for the purposes of the

………… before this Court, you are hereby summoned to attend and produce (or

cause to be produced) the said documents/things before this Court at 11 a.m. on the

…... day of …........20 .

Given under my hand and the seal of this Court, this ….. day of …. 20.

Magistrate

Particulars of documents/things

Seal

201

Judicial Form No. 6

(See Rule 300)

NOTICE

(Section 122, Cr.P.C.)

IN THE COURT OF SESSION, …..............DIVISION

Criminal Miscellaneous Case No. …......... of 20 …..

……….

Through the ….................Magistrate of …..................

Take notice that Miscellaneous Case No........of 20......, on the file of the

…......................Magistrate of ….............in which you are one of the accused has been

laid before this Court for orders under section 122 of the Code of Criminal Procedure,

1973(Central Act 2 of 1974) and will be heard in the Sessions Court at …..............

on …..........at 11 a.m.

Given under my hand and the seal of the Court, this …. day of …... 20....

Sessions Judge

Seal

202

Judicial Form No. 7

(See Rule 300)

WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE.

(Sections 125 and 126 , Cr.P.C.)

IN THE COURT OF THE …………….MAGISTRATE OF…………..

Miscellaneous Case No……….of 20…. .

The Superintendent /Officer-in-charge of the ………. Prison at ………….

Whereas …………….

has been proved before me to be possessed of

sufficient means to maintain his wife and / or child that is by reason of unable to

maintain itself and to have ….. neglected/refused to do so, and as an order has been

duly made requiring the said………………….to allow his said wife/child for

maintenance the monthly sum of Rupees …………………; and whereas it has been

further proved that the said……………………………in wilful disregard of the said

order, has failed to pay Rupees ………. being the amount of the allowance for the

month/months of ……… and thereupon, an order was made adjudging him to undergo

simple / rigorous imprisonment in the said prison for the period of …………….

This is to authorize and require you, the said Superintendent/Officer to receive

the said.........................into your custody in the said prison together with this warrant

and thereto carry the said order into execution according to law, returning this warrant

with an endorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this …. day of ….. 20...

Release on bail by Court

1. Order Number and date.

2. Date of actual release

3. Date of re-arrest

Magistrate

Seal

203

Descriptive roll.

Name.

Father’s name.

Sex, married or single.

Race, Religion and Caste.

Previous occupation.

Age,

Descriptive marks.

*Diet-

(a) the diet to which the prisoner was accustomed according to his own

statement …………………………

(b) the diet recommended by the Magistrate…………………..

The distance from the prisoner’s residence to the nearest railway station / Prison

is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand

nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the

prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner.

Magistrate.

Prison.

I hereby certify that the sentence

Date of admission to prison.

passed on the prisoner and named

Number.

in the warrant has been executed

Name.

according to law and that he has this

Sentence.

day been released from custody on ⁺

Date of sentence.

Date of release.

having earned ….. days remission.

Release on bail or escape and

………. Prison.

Re-admission may be noted below.

Dated …….20…

Superintendent.

Note.- In filling up the particulars under the head “5. Previous occupation” in respect

of females, Court shall use the same classes of previous occupation as are adopted for

males.

+Appeal/Expiry of sentence/bail

204

Judicial Form No. 8

[See Rule 29(19)]

Order requiring parties to put in written statements of their claims

(S.145(1), Cr.P.C.)

In the Court of the …............... Magistrate of …..............

Miscellaneous Case No.......... of 20....

Whereas, it has been made to appear to me and I am satisfied for the reasons set out below

that a dispute likely to cause a breach of the peace exists concerning …... situate within the local

limits of my jurisdiction. . . . . . . . I do hereby require you to attend at my Court in person or by

advocate within …...... days from the receipt of this notice and put in written statement of your

claim as respects the fact of actual possession of the property aforesaid.

Reasons:

Given under my hand and the seal of the Court, this ..... day of ….........20......

(Seal)

Magistrate

205

Judicial Form No. 9

(See Rule 300)

APPOINTMENT OF A RECEIVER

[Section 146 (2) Cr.P.C.]

IN THE COURT OF THE …................... MAGISTRATE OF ……………….

…………….

Whereas ….................................................has been attached, ……………….

you are hereby (subject to your giving security to the satisfaction of the Court)

appointed Receiver of the said property under sub-section (2) of section 146 of the

Code of Criminal Procedure, 1973 (Central Act 2 of 1974):

You are required to render a due and proper account of your receipts and

disbursements in respect of the said property on …………………….

Given under my hand and seal of the Court this.... day of …....20...

Magistrate

Seal

206

Judicial Form No.l0

[See Rule 28(5)]

Register of Complaints

S.No.

Date of Receipt

of Complaint

with name

Proceedings U/s. 156(3) Cr.P.C

Proceedings U/s. 200 Cr.P.C

Remarks

To Whom, the

complaint was

forwarded

with dispatch

No.

FIR, if any,

registered on

the

Complaint

forwarded

U/s. 156

Cr.P.C with

Crime No.

Date of

Receipt of

FIR by

Court

Reminders, if

any, sent with

particulars

Particulars

about the

examination of

Complainant

and the

witnesses

present

To Whom an

enquiry

ordered U/s.

202 Cr.P.C

Date of Receipt of

Enquiry Report

U/s. 202 Cr.P.C

Result of the

Proceedings

207

Judicial Form No.11

[See Rule 8(8)]

Register of Dying Declarations

S.No.

Date and

time of

Request

Name of the

authority,

who made

the request

for

recording

Dying

Declaration

Particulars

Investigation

Officer and

Case No. if

any

Particulars of

Injured / Victim

Name and address of

Hospital, where

Injured / Victim taking

treatment

Whether copies

of statements

furnished to the

Investigation

Officer

Date of

Dispatch to the

Jurisdictional

court with

Dis.No.

Mode of

Transmission

of Records

[Post / Spl.

Messenger]

Remarks,

if any

Initial of

Magistrate

208

Judicial Form No.12

[See Rule 9(9)]

Register of Test Identification Parade

S.No.

Name of the

authority, who

made the

request for

Identification

Parade

Case

No. /

Crime

No.

Cr.M.P.

No.

Proceedings of

CJM / CMM

with date

Particulars of

Accused

Particulars of

Witness

Date of

conduct of

Test ID

Parade

Whether copies

of Proceedings

furnished to

Investigation

Officer

Date of

Dispatch to

the

Jurisdictional

court with

Dis. No.

Mode of

Transmission

of Records

[Post / Spl.

Messenger]

Remarks

if any

Initial of

Magistrate

209

Judicial Form No.13

[See Rules 10(13) & 11(12)]

Register of Confessions / Statements recorded U/s. 164 Cr.P.C

S.No.

Particulars of

Investigation

Officer and

Case No.

Nature of

Request

[ Witness /

Accused]

Cr.M.P.

No.

Recording of Confession from

accused

Recording of Statement from

Witness

Whether

copies of

statements

furnished to

the

Investigating

Officer

Date of

Dispatch to

the

Jurisdictional

court with

Dis.No.

Mode of

Transmission

of Records

[Post / Spl.

Messenger]

Remarks

Initial of

Magistrate

Date of First

Examination

Date of

Second

Examination

Date of

Examination

of Witnesses

Nature of

Identity

Card

produced for

verification

210

Judicial Form No.14

[See Rule 6 (8)]

FORM OF ORDER FOR THE DETENTION IN CUSTODY OF AN

ACCUSED PERSON

(Section 167, Cr.P.C.)

The Superintendent/Officer in-charge

……….. Prison at ………………..

Whereas it appears that a charge against …................................................. of an offence

under section …...of the Indian Penal Code/Act No….. of …..., is under investigation by the

police under the provisions of Chapter XII of the Code of Criminal Procedure, 1973 (Central

Act 2 of 1974) that such investigation cannot be completed within the period of 24 hours fixed

by section 57 of the said Code; and that there are grounds for believing that the accusation /

information against the said person is well founded; and the accused having been duly

forwarded

this

Court,

this

authorize

you

detain

the

said

…………. in custody* for ….. days, and to cause him to be produced before …....... Court

sitting at …........... on the …... day of …..... 20... at ... O’ Clock.

Descriptive roll

1.Name

2.Father’s/Husband’s Name

3.Sex, Married or Single

4.Race, religion and caste

5.Previous occupation

6.Age

7.Descriptive marks

Note – At least three identification marks must be given.

Given under my hand and the seal of the Court, this ….... day of ….......20.....

Magistrate

* The custody may be such as the Magistrate thinks fit.

Seal

211

Judicial Form No.15

[See Rule 26(4)]

PROCEEDINGS OF THE ……………..MAGISTRATE OF ………..

Dated ….. day of ………. 20…..

(Under Section 173, Cr.P.C.)

READ

Referred charge-sheet entered as Serial No. …… in Magistrate’s Register.

1.Name of the

(a) Station

(b) Village

2.Complainant’s name

3. Name of accused

4.Offence, with law and section under which punishable

5.Explanation of any delay evidenced by dates in docket (outside).

6. order to the Police, regarding making , or refraining from making

further investigation and with regard to the bond, if any, executed by

the accused.

7. Brief statement of facts of the case and reasons for order.

Magistrate

212

PROCEEDINGS ON REFERRED CHARGE SHEET ENTERED

AS SERIAL NO. …............ IN MAGISTRATE’S REGISTER

From

The

…................ Magistrate

The Commissioner / Superintendent of Police,.........

Through

The Inspector of Police, ..........

Date

Month

Year

Date of

Offence

Report to station

Receipt of Referred Charge Sheet

by Magistrate

Order of the Magistrate

Dispatch

Remarks of …………….. Magistrate

Received:

..day of …. 20….

Despatched:

..day of …. 20….

Reply of

……………………….. Magistrate

Received:

..day of …. 20….

Despatched:

.. day of ……20…..

214

Judicial Form No.17

(See Rule 300)

NOTICE

(Sections 195, 340, 341 and 343, Cr.P.C.)

IN THE COURT OF THE ………………………………

Civil/Criminal Miscellaneous Petition No. ….. in …. No. of ……

BETWEEN

Petitioner

AND

Counter-Petitioner.

…….

Counter-Petitioner

Take notice that an application has been presented by the petitioner herein praying

that an inquiry be made/an inquiry will be held under sections 340, 341 and 343 Code

of Criminal Procedure, 1973 (Central Act 2 of 1974) determine whether a complaint

should not be laid against you for an offence punishable under section(s).... of the

Indian Penal Code, and that the said application will be heard by this Court at …...

a.m. on the … day of ……. 20….

You are at liberty to show cause why such complaint should not be made.

Given under my hand and the seal of the Court, this day of …........ 20.....

Sessions Judge/Magistrate

Seal

216

Judicial Form No.19

(See Rule 300)

WARRANT OF COMMITMENT OF A PERSON CHARGED WITH AN OFFENCE.

(Section 209, Cr.P.C.)

Case No. …………of 20…

The Officer-in-charge of ……….. Prison at ……………..

Whereas ……………………………………………is charged with having

committed an offence under section(s)................... of ….........……… and has been

committed to take his trial before the Court of Session at …………….. on the …….

day of …....20….

You are hereby required to receive the said ….....………. into your custody in

the said prison and safely to keep him there until he shall be thence delivered by due

course of law.

Descriptive roll.

1.Name.

2. Father’s name / husband’s name

3.Sex, married or single.

4.Race, Religion and Caste.

5.Previous occupation.

6.Age

7.Descriptive marks.

NOTE.-At least three identification marks must be given.

Given under my hand and the seal of the Court this….day of ……. 20…

Magistrate

Seal

218

Judicial Form No. 21

(See Rules 71 & 73)

WARRANT OF COMMITMENT ON A SENTENCE OF

IMPRISONMENT OR FINE OR BOTH

(Sections 255 (1)&(2), 248 (1)&(2) and 235, Cr.P.C.)

IN THE COURT OF ………………..….. OF………

Sessions/Calendar Case No…… of 20…

The Superintendent/Officer-in-charge

………………. Prison at …………..

Whereas on the …… day of ……. 20…, the prisoner in Sessions/Calendar Case

No. …. of 20… (Crime No…… of ………….. Police Station) was convicted before

me Sessions Judge/ Magistrate of ………………. of the offence of …………..

punishable under section ………. of the Indian Penal Code/ Act ….. of …………

and was sentenced to ……………………………

This is to authorise and require you, the said The Superintendent/Officer-in-

charge to receive the said ………….. into your custody in the said prison together

with this warrant, and there carry the aforesaid sentence into execution according to

law. The prisoner named above is classed as…………………..…….*

The prisoner is/ is not a fit subject for the special prison for habituals



* “Habitual” or “Casual”, as the case may be, should entered here in the Magistrate’s

or Judge’s own handwriting.

To be filled in only in the case “habitual” by a convicting Court (not below the rank

of 1^stClass Magistrate) in an area for which a special prison for habituals has been

appointed.

219

*Diet—

(a) the diet to which the prisoner was accustomed according to his own

statement:……………………………………….

(b) the diet recommended by the Sessions Judge/Magistrate:…………

II. The distance from the prisoner’s residence to the nearest railway station /

Prison is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand

nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the

prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

III. Details of property on the person of the prisoner.

IV. I hereby certify that…………………. of the fine has been recovered.

V. Descriptive Roll

Name:

Father’s name:

Sex, married or single:

Race, religion and caste:

Previous occupation:

Age:

Descriptive marks:

* Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.

220

Particulars of previous convictions.

Court

Calendar No.

And year

Section and Code.

Sentence.

Given under my hand and the seal of the Court, this …. day of ……. 20….

Release on bail by Court

1. Order Number and date

2. Date of actual release

3. Date of re-arrest

Sessions Judge /Magistrate

The prisoner was transferred to ….. Prison on ……………… under Inspector-

General’s Order No…… dated ………….. 20.

Remission earned upto the end of the preceding quarter is … days.

Superintendent.

The prisoner was transferred to ……….…. Prison on …………….. under Rule 579

of the Tamil Nadu Prison Manual, Volume II.

Remission earned upto the end of the preceding quarter is … days.

Seal.

221

Solitary confinement

From

Number of days

Total undergone.

Superintendent’s

initials

I hereby certify that the within named prisoner has this day been served with an

order directing him to notify his residence to the police for …… year(s) from this

date.

The following address was furnished by the prisoner on release:-

Street:

Village:

Taluk:

District:

Superintendent.

The order has been duly served on me,

(Signature or left-thumb

Impression of the prisoner.)

…………Prison

Dated ………..20 .

Prison

Date of admission to prison:

I hereby certify that the sentence

Number:

passed on the prisoner named in

Name:

this warrant has been executed

Sentence:

according to law and that he has

Date of sentence:

this day been released from custody

Date of release:

on* ………

or having earned ….days’ remission.

…………………..Prison

Dated

……….. 20

Jailor

Release on bail or escape and readmission may be noted below.

Superintendent.

NOTE:- In filling up the particulars under the head “5. Previous occupation” in

respect of females, Court shall use the same classes of previous occupation as are

adopted for males.

*Appeal/Expiry of sentence/Bail.

222

Judicial Form No. 22

(See Rule 300)

WARRANT OF COMMITMENT ON A SENTENCE OF

IMPRISONMENT OR FINE OR BOTH, IN PURSUANCE OF AN ORDER

PASSED ON APPEAL

(Sections 255, 248 and 386, Cr.P.C.)

IN THE COURT OF ………………..….. OF………

Appeal No. ….. of ……. against the conviction and sentence by the …. Magistrate of

………………….under Section ……….. of Indian Penal Code / Act … of …… in

Sessions/Calendar Case No…… of 20…

(Cr. No…… of 20….., …… Police Station)

The Superintendent/Officer-in-charge

………………. Prison at …………..

Whereas on the …… day of ……. 20…, the prisoner in Sessions/Calendar Case

No. …. of 20… was convicted before the said …… Magistrate of ………………. of

the offence of ………….. punishable under section ………. of the Indian Penal Code/

Act ….. of ………… and was sentenced to …………………………… and whereas

the said sentence has been modified by me Sessions Judge / Magistrate of ………….

on appeal into a sentence of ……………………

This is to authorise and require you, the said The Superintendent/Officer-in-

charge to receive the said ………….. into your custody in the said prison together

with this warrant, and there carry the aforesaid sentence into execution according to

law.

The warrant of commitment issued by the said Magistrate in regard to the

aforesaid prisoner in the said Sessions/calendar case should be returned to me for

cancellation. The prisoner named above is classed as

…………………..…….*

The prisoner is/ is not a fit subject for confinement in the special prison for

habituals

* “Habitual” or “Casual”, as the case may be, should entered here in the Magistrate’s

or Judge’s own handwriting.

To be filled in only in the case “habitual” by a convicting Court (not below the rank

of 1^stClass Magistrate) in an area for which a special prison for habituals has been

appointed.

223

*Diet—

(a) the diet to which the prisoner was accustomed according to his own

statement:……………………………………….

(b) the diet recommended by the Sessions Judge/Magistrate:…………

The distance from the prisoner’s residence to the nearest railway station / Prison

is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand

nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the

prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of property on the person of the prisoner.

I hereby certify that…………………. of the fine has been recovered.

Descriptive Roll

Name:

Father’s name:

Sex, married or single:

Race, religion and caste:

Previous occupation:

Age:

Descriptive marks:

* Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.

224

Particulars of previous convictions

Section and Code

Sentence

Court

Given under my hand and the seal of the Court, this …. day of ……. 20….

Release on bail by Court

1. Order Number and date

2. Date of actual release

3. Date of re-arrest

Sessions Judge /Magistrate

The prisoner was transferred to ….. Prison on ……………… under Inspector-

General’s Order No…… dated ………….. 20.

Superintendent

Remission earned upto the end of the preceding quarter is … days.

The prisoner was transferred to ……….…. Prison on …………….. under Rule 579

of the Tamil Nadu Prison Manual, Volume II.

Superintendent

Solitary confinement

From

Number of days

Total undergone.

Superintendent’s

initials

Seal.

225

I hereby certify that the within named prisoner has this day been served with an

order directing him to notify his residence to the police for …… year(s) from this

date.

The following address was furnished by the prisoner on release:-

Street:

Village:

Taluk:

District:

Superintendent.

The order has been duly served on me,

(Signature or left-thumb

Impression of the prisoner.)

…………Prison

Dated ………..20 .

Prison

Date of admission to Prison:

I hereby certify that the sentence

Number:

passed on the prisoner named in

Name:

this warrant has been executed

Sentence:

according to law and that he has

Date of sentence:

this day been released from custody

Date of release:

on* ………

or having earned ….days’ remission.

…………………..Prison

Dated

……….. 20

Release on bail or escape and readmission may be noted below.

Jailor

Superintendent.

NOTE:- In filling up the particulars under the head “5. Previous occupation” in

respect of females, Court shall use the same classes of previous occupation as are

adopted for males.

*Appeal/Expiry of sentence/Bail.

226

Judicial Form No.23

(See Rule 300)

EXAMINATION OF THE ACCUSED

(Section 281, Cr.P.C.)

IN THE COURT OF …......................................

Calendar

Miscellaneous

Preliminary Register

Case No. ………..of 20..

Sessions

Statement of …................accused.

Name

Father’s name

Village

Taluk

Caste

Calling

Religion

Age

Dated ….. day of …..........20....

Question:-

Answers:-

227

Judicial Form No.24

(See Rule 300)

FORM OF ORDER FOR THE DETENTION IN CUSTODY OF APPROVERS

(Section 306, Cr.P.C.)

IN THE COURT OF ………………

Case No………… 20…

The Officer in charge of the ………….Prison at ……….

Whereas on the ...day of …….20…, a tender of pardon was made to

…….under section 306 of the Code of Criminal Procedure, 1973 (Central Act 2 of

1974) this is to authorize and require you to receive the said ………….. into your

custody together with this warrant and to procedure him before the committing

Magistrate and the Court of Session under safe custody at such times and places as

the said Courts may require you to do, and to keep him in the said prison at such

times as his production before the Court is not required.

Descriptive roll.

1.Name.

2. Father’s name/Husband’s name

3.Sex, married or single.

4.Race, Religion and Caste.

5.Previous occupation.

6.Age,

7.Descriptive marks.

NOTE.-At least three identification marks must be given.

Given under my hand and the seal of the Court this…..day of … 20…

Magistrate

Seal.

228

Judicial Form No.25

[See Rule 6(8)]

FORM OF REMAND WARRANT

(Section 309, Cr.P.C.)

THE OFFICER IN CHARGE OF THE …… PRISON, AT……

Whereas …………………….. has/have been forwarded in custody, by the

officer in charge of the …….Police Station, to this Court, charged by the Police

with offences …………………………under section……… and this Court is

empowered to take cognizance of the said offence, and whereas the Court has

postponed/adjourned the trial /enquiry to the ……….day of ……….20…, this is

to authorize and require you to detain the said ……… in your custody for … days

and to cause him/them to be produced before this Court sitting at ………… on the

… day of …….. 20… at ……o’clock.

Descriptive roll.

1.Name

2. Father’s name / Husband’s name

3.Sex, married or single

4.Race, Religion and Caste

5.Previous occupation

6.Age

7.Descriptive marks

NOTE.-At least three identification marks must be given.

Given under my hand and the seal of the Court this….. day of ….. 20…

Magistrate

Seal

229

Judicial Form No. 26

(See Rule 300)

WARRANT TO BE USED WHEN THE ACCUSED BEING IN CUSTODY, THE

MAGISTRATE STAYS PROCEEDINGS

UNDER SECTION 322, CR.P.C.

The Superintendent / the Officer in charge of the …... Prison at ….........

Whereas …......... of …............. is charged before me with ….........and the evidence

appearing to warrant a presumption that the case is one which should be tried of committed for trial

by some other Magistrate in this District. The proceedings have been stayed and the case submitted

to the Chief Judicial Magistrate/ to the ….................

You are hereby required to receive the said …...... into your custody and produce him when

called upon before the Chief Judicial Magistrate or such other Magistrate at such place and time as

the Chief Judicial Magistrate shall direct or in the absence of direction from the Chief Judicial

Magistrate to produce him before me at …............ on the …. day of …... 20....., at …... a.m./p.m.

Descriptive roll.

1 Name.

2 Father's name/Husband's name

3 Sex, married or single.

4 Race, religion and caste.

5 Previous occupation.

6 Age.

7 Descriptive marks.

(NOTE –– At least 3 marks of identification

must be given)

Given under my hand and seal of the Court, this ….... day of …......... 20..

Magistrate.

Seal

230

Judicial Form No. 27

(See Rule 300)

WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT

WHEN A FINE IS IMPOSED

(Section 345, Cr.P.C.)

IN THE COURT OF …………………..

Case No………of 20…..

The Superintendent/Officer-in-charge, Civil Prison at …………….

Whereas at a Court holden before me on this the …. day in the presence / view

of the Court, …………… committed wilful contempt;

And whereas for such contempt the said ………. has been adjudged by the

Court to pay a fine of Rupees

……..or in default to suffer simple imprisonment for

the space of …. days and whereas, the said sum of Rs……./part of the said sum, to

wit, Rs…….has not been paid or recovered;

This is to authorise and require you, the said Superintendent/Officer-in-charge

of the said

prison to receive the said ……………. into your custody, together with

this warrant, and safely to keep him in the said prison for the said period of ….days

unless the said fine / balance of fine be sooner paid; and, on the receipt thereof

forthwith to set him at liberty, returning this warrant with an endorsement certifying

the manner of its execution.

Given under my hand and the seal of the Court, this …. day of ….. 20 ..

Judge/Magistrate.

Descriptive roll.

Name.

Father’s name.

Sex, married or single.

Race, religion and caste.

Previous occupation.

Age.

Descriptive marks.

Seal.

231

* Diet-

(a) The diet to which the prisoner was accustomed according to his own

statement……………..

(b) the diet recommended by the Sessions Judge/Magistrate…………

The distance from the prisoner’s residence to the nearest railway station / Prison

is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand

nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the

prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner.

Judge/Magistrate

Prison.

Date of admission to prison.

I hereby certify that the sentence

Number.

passed on the prisoner named in

Name.

this warrant has been executed

Sentence.

according to law and that he has

Date of sentence.

this day been released from custody

Date of release.

on or having earned …..

Release on bail or escape and

day’s remission.

Re-admission may be noted below.

Prison,

Dated

Jailor

Superintendent

Note:- In filling up the particulars under the head “5. Previous occupation” in

respect of females, Courts shall use the same classes of previous occupation as are

adopted for males.

* Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.

Appeal/Expiry of sentence/Bail.

232

Judicial Form No.28

(See Rule 300)

MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING

TO ANSWER OR PRODUCE A DOCUMENT OR THING.

(Section 349, Cr.P.C.)

IN THE COURT OF......................................

Case No. …........of 20....

…...................

Whereas …........... being summoned/

brought before this court as a witness and

this day required to give evidence / produce on an enquiry into an alleged offence, refused

without alleging any just excuse for such refusal, and for his contempt, has been adjudged

detention in custody / simple imprisonment for …. days;

This is to authorize and require you to take the said ….... into your custody, and safely to

keep him in your custody, for the space of … days unless in the meantime, he shall consent to be

examined and to answer the question asked of him/to produce and on the last of the said days, or

forthwith on such consent being known, to bring him before this court to be dealt with according

to law returning this warrant with an endorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this …. day of …..20....

Judge/Magistrate

Descriptive roll

Name.

Father’s name.

Sex, married or singe.

Race, religion and caste.

Previous occupation.

Age.

Descriptive marks.

* Diet—

(a)

the diet to which the prisoner was accustomed according to this own statement................

(b)

the diet recommended by the Sessions Judge/Magistrate.............

(c)

brief reasons if rice or wheat is recommended..................

The distance from the prisoner’s residence to the nearest railway station / Prison is …....

kms.

Seal

233

The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to

the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to

his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner.

(Seal)

Judge/Magistrate

Prison

I hereby certify that the sentence passed on

the prisoner named in this warrant has been

executed according to law and that he has this

day been released from custody on **...... or

having earned …... days remission.

Date of admission to Prison

Number

Name

Sentence

Date of sentence

Date of release

Release

bail

escape

and

re-admission may be noted below

…...Prison,

Dated …....... 20..

Jailor

Superintendent.

*Particulars to be entered in the Sessions Judge's Magistrate's own handwriting.

**Appeal / expiry of sentence/bail

NOTE: In filing up the particulars under the head “5. previous occupation” in respect of

females, Courts shall use the same classes of previous occupation as are adopted for males.

234

Judicial Form No. 29

[See Rule 208]

(Section 356, Cr.P.C.)

IN THE COURT OF …...................................................................

The …... day of …..... 20....

Sessions/Calendar Case No…………of 20 …

PRESENT: ……………………. (Name)

Sessions Judge/Magistrate

The State

Complainant

vs.

……………………………

Accused

Offence ……………………

Sentence …………………

ORDER

Under section 356 of the Code of Criminal Procedure, 1973, (Central Act 2 of

1974) the accused is further ordered to notify his residence and any change of

residence after release to the police for a period of …..... from the date of his release.

Sessions Judge/Magistrate

The Superintendent, ….............. Prison at ………………

Seal

235

Judicial Form No. 30

(See Rule 300)

BOND FOR PROBATION OF GOOD CONDUCT.

(Section 360, Cr.P.C.)

IN THE COURT OF THE ……….. MAGISTRATE OF ……………………………..

Calendar Case No……………… of 20 ...

Whereas I,....................... resident of ….................... have been convicted of the offence of

….............. under Section ….......... of the Indian Penal Code:

And whereas I, being a first offender, have been ordered to be released on probation of good

conduct on entering into a bond with …… surety/sureties during the period of ….. months under the

provisions of section 360 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), I hereby

bind myself to appear and receive sentence when called upon and in the meantime to keep the peace

and be of good behaviour to the State and all the citizens of India during the said term of

…….months and in case of my making default therein, I bind myself to forfeit to the State the sum

of Rupees ….....

Dated this …...day of …... 20 ... .

Signature.

Executed before me.

Magistrate.

I/We hereby declare myself surety/ourselves sureties for the abovenamed ….........that he will

appear and receive sentence when called upon and in the meantime will keep the peace and be of

good behaviour to the State and all the citizens of India during the said term and in case of his

making default therein, I/we hereby bind myself/ourselves jointly and severally to forfeit to the State

the sum of Rupees …....

Dated this ….... day of …….. 20.. .

Signature.

Executed before me.

Magistrate

236

Judicial Form No.31

(See Rule 300)

FORM OF DISMISSAL OF APPEAL

(Section 384, Cr.P.C.)

IN THE COURT OF …..................................

The... day of ........... 20…. .

Petition of Appeal No……….of 20 ..., against the conviction and sentence by

the ……………………….Magistrate of …………under Section................... of the

Indian Penal Code/Act No….. of …… in Case No. …. of the Calendar for 20..

Appellant.

vs.

Respondent

This appeal, coming on for hearing before me under section 384 of the Code of

Criminal Procedure, 1973 (Central Act 2 of 1974) upon perusing the petition of appeal

and the calendar and judgment of the said Magistrate and upon duly considering the

same after hearing the arguments of the appellant or appellant’s advocate/appellant

not appearing in support of his appeal although reasonable opportunity of being heard

has been allowed, I do adjudge and order that this appeal be dismissed.

Seal

Sessions Judge/Magistrate

Copy to-

The Superintendent of ……… Prison at …………

(for communication to the prisoner concerned)

Seal

237

Judicial Form No.32

(See Rule 123)

NOTICE OF APPEAL

(Section 385, Cr.P.C.)

IN THE COURT OF …………………….

Criminal Appeal No………… of 20…

1 The Appellant

2 The Public Prosecutor, Chennai/The Public Prosecutor of the Sessions Division, ….

3 The Collector …………/The Superintendent of Police, ……District /

The Commissioner of Police, ………

4 Assistant Public Prosecutor

5 General Manager, Southern Railway, Chennai

6 Commissioner, ……………… Municipality / ………… Corporation

Notice is hereby given under section 385 of the Code of Criminal Procedure,

1973 (Central Act 2 of 1974) that the aforesaid appeal made to this Court by

…………..against the finding

and sentence of the………….. Magistrate of ……………. in Calendar Case No. ….of

20… will be heard at *………….. on the …. day of ……. 20…..

Serishtadar/

Head Ministerial Officer

Dated ………….20… .

* Here specify the place of hearing

239

Judicial Form No.34

(See Rule 126)

FORM OF AN ORDER DISMISSING AN APPEAL AND ANNULLING A

SUSPENSION OF THE SENTENCE

(Section 386, Cr.P.C.)

IN THE COURT OF ….........................................

The …... day of

20 .

Petition of Appeal No………..of 20….. against the conviction and sentence by the

…………………….Magistrate of ……………………….. under section……..

the

Indian Penal Code / Act No….. of ….. in Case No……of the Calendar for 20… .

Appellant

vs.

Respondent

This appeal coming on for hearing before me, upon perusing the petition of appeal

and the record of the evidence and proceedings, and upon duly considering the same and

after hearing ….............................................., I do adjudge and order that the said appeal be

dismissed and that the order of this Court suspending the sentence be annulled.

Sessions Judge/Magistrate

The Superintendent of …..... Prison at ………………

(for communication to the prisoner concerned)

Seal

240

Judicial Form No.35

(See Rule 300)

FORM OF AN ORDER CONFIRMING A SENTENCE

(Section 386, Cr.P.C.)

IN THE COURT OF ….........................

The….day of ………..20 .

Petition of Appeal No…… of 20….., against the conviction and sentence by the

…...... Magistrate of …........ under Section ….. of the Indian Penal Code/ Act No. …. of ….

in Case No....... of the Calendar for 20.....

Appellant

vs.

Respondent

This appeal coming on for hearing before me, upon perusing the petition of appeal

and calendar and sentence and the record of the evidence and proceedings, and upon duly

considering the same, and after hearing …............................................, I do adjudge and

order that the said appeal be dismissed.

Sessions Judge/Magistrate

The Superintendent of …...... Prison at ……………

(for communication to the prisoner concerned)

Seal

241

Judicial Form No.36

(See Rule 128)

FORM OF AN ORDER REVERSING A SENTENCE

(Section 386, Cr.P.C.)

IN THE COURT OF ….........................................

The ……….day of…….20…..

Petition of Appeal No……. of 20…. , against the conviction and sentence by

the ……………Magistrate of ……………… under section …………. of the Indian

Penal Code / Act No….. of ……in Case No. ….. of the Calendar for 20….

Appellant.

vs.

Respondent

This appeal, coming on for hearing before me, upon perusing the petition of

appeal and the record of the evidence and proceedings, and upon duly considering the

same and after hearing …………….

I do adjudge and order that the conviction and sentence passed on the said

…………………be reversed and the accused be acquitted / discharged and that he the

said prisoner be released from the prison in which he is now imprisoned under the said

sentence unless he is liable to be detained in custody for some other cause.

Sessions Judge/Magistrate

Copy to

The Superintendent of …... Prison at …………

(for communication to the prisoner concerned)

Seal

242

Judicial Form No.37

(See Rule 127)

FORM OF AN ORDER REDUCING SENTENCE

(Section 386, Cr.P.C.)

IN THE COURT OF …............................

The …... day of …........ 20.....

Petition of Appeal No….. of 20….. against the conviction and sentence by the

………. Magistrate of ……….under section …......of the Indian Penal Code/Act

No…. of ….. in case No……. of the Calendar for 20...

Appellant

vs.

Respondent

This appeal, coming on for hearing before me, upon perusing the petition of

appeal and the record of the evidence and proceedings, and upon duly considering the

same and after hearing …..................................,

I do adjudge and order that the sentence passed on the said …............. be

reduced and that instead of the punishment thereby imposed, the said …......................

Sessions Judge/Magistrate

Copy to:-

The Superintendent, ………... Prison at ………….

(for communication to the prisoner concerned)

Seal

243

Judicial Form No.38

(See Rule 300)

WARRANT OF RELEASE OF A PRISONER

(Section 386, Cr.P.C.)

IN THE COURT OF...................................................

(Appeal No. …… of 20…, against the conviction and sentence by the …….

Magistrate of ………….. under Section ……. of the Indian Penal Code /Act ….. of

…. in Case No…. of the Calendar for 20…..)

The Superintendent of the ……….. Prison at ………

Whereas on the ….day of ….…20.., the prisoner in the said Case No. …..of

the Calendar of 20…., was convicted before the said ….. Magistrate of ….. of the

offence of ………………..punishable under section ….. of the Indian Penal Code/Act

…. of ….. and was sentenced to…...... and whereas, the said sentence was reversed by

me Sessions Judge/Magistrate of ……. on appeal.

This is to authorize and require you to release the said prisoner …........... from

your custody unless he is liable to be detained for some other cause.

Given under my hand and the seal of the Court, this

…...day of …..20 .

Sessions Judge/Magistrate

N.B.— The Superintendent of the …........ Prison should, at once, return the warrant

with which the prisoner was committed to his custody.

Seal

244

Judicial Form No.39

(See Rules 131 and 133)

WARRANT OF COMMITMEMNT ON A SENTENCE OF IMPRISONMENT OR FINE OR BOTH,

IN PURSUANCE OF AN ORDER PASSED ON APPEAL OR REVISION BY THE HIGH COURT

(Sections 388 and 405, Cr.P.C.)

IN THE COURT OF …...................................

Appeal/Criminal Revision Case No…… of 20… against the finding, sentence or order passed by the

Sessions Judge / Magistrate ………….. under section …….. of the Indian Penal Code / Act ….. of

….. in Case No……. of the Calendar for 20…./ Criminal Appeal No. …. of 20….

(Crime No….. of ……………. Police Station)

The Superintendent / Officer-in-charge of ……… Prison at ……………

WHEREAS on the ….. day of …… 20….., the prisoner in the said Case No…..of the

Calendar of 20.., was convicted before me, the Sessions Judge/Magistrate of ………….. of the

offence of ……………………….. punishable under section………………… of the Indian Penal

Code/Act ….. of ……….. and was sentenced to ……………… and whereas the sentence was

confirmed/modified by me the Sessions Judge/Magistrate of …… on appeal, and whereas the said

sentence/said sentence as so confirmed or modified on appeal has been modified by the High Court

of Judicature at Madras on appeal / revision into a sentence of ……………………………

This is to authorize and require you, the said Superintendent/ Officer in charge to

detain/receive the said ……………. in your custody in the said prison together with this warrant and

there carry the aforesaid modified sentence of the High Court into execution according to law.

The warrant of commitment issued by me in regard to the aforesaid Prisoner in the

said calendar case/criminal appeal should be returned to me for cancellation.

The prisoner named above is classed as *…….

The prisoner named above is /is not a fit subject for confinement in the special prison for

habituals. +

++Diet-

(a) the diet to which the prisoner was accustomed according to his own statement

…………………………

(b) the diet recommended by the Magistrate…………………..

________________________________________________________________________________

* “Habitual” or “Casual”, as the case may be, should en entered here in the Magistrate’s or Judge’s

own handwriting.

To be filled in only in the case “habitual” by a convicting Court (not below the rank of 1^stClass

Magistrate) in an area for which a special prison for habituals has been appointed.

++Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.

245

The distance from the prisoner’s residence to the nearest railway station / Prison is …....

kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the

Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to his

residence is ………kms.

The amount of bus fare under(a) above is Rs…………..

Details of the property on the person of the prisoner

I hereby certify that……………………… of the fine has been recovered.

Descriptive roll.

Particulars of previous

convictions.

Section

and Code

Sentence

Court.

Given under my hand and the seal of the Court, this …..day of …… 20…..

Release on bail by Court

1. Order Number and date.

2. Date of actual release

3. Date of re-arrest

Sessions Judge/Magistrate

The prisoner was transferred to ……..Prison on……. under the Inspector-General’s Order

No…………, dated ……..20….

Remission earned up to the end of the preceding quarter is .....

days.

Superintendent

The prisoner was transferred to ……….…. Prison on …………….. under Rule 579 of the Tamil

Nadu Prison Manual, Volume II.

Remission earned up to the end of the preceding quarter is

.....days.

Superintendent

Solitary confinement

From

Number of days

Total undergone

Superintendent’s initials

Name

Father’s name

Sex, married or single

Race, religion and caste

Previous occupation

Age

Descriptive marks

Seal

246

I hereby certify that the within named prisoner, has this day, been served with an order

directing him to notify his residence to the Police for year ……from this date.

The following address was furnished by the prisoner on release:-

Street

Village

Taluk

District

Superintendent

The order has been duly served on me.

Signature or left thumb-impression

of the prisoner

Prison

Dated ……20..

Prison

Dated

20 .. .

Release on bail or escape and re-admission may be noted below:-

Jailor

Superintendent

NOTE.–In filling up the particulars under head “5. Previous occupation” in respect of

females, Courts shall use the same classes of previous occupation as are adopted for males.

NOTE.–In the case of a Judgment or order passed by the High Court on a revision petition

against the finding, sentence or order of an appellate Court, the appellate Court and not the trial

Court should give directions to the Superintendent or the Officer-in-charge of the prison.

….............................................................................................................................................................

*Appeal/Expiry of sentence/bail

Prison

Date of admission to prison

Number

Name

Sentence

Date of sentence

Date of release

I hereby certify that the sentence passed

on the prisoner named in this warrant has been

executed according to law and that he has, this

day, been released from custody on*….

having earned …. days’ remission.

247

Judicial Form No.40

(See Rule 131)

WARRANT OF RELEASE OF PRISONER ON APPEAL OR IN REVISION BY

THE HIGH COURT

(Sections 388 and 405, Cr.P.C.)

IN THE COURT OF........................

The Superintendent / Officer in charge of the…………. Prison at ….......................

Whereas, on the .................. day of …............ 20..., the prisoner in Case

No........of the Calendar for 20...., was convicted before me, the Sessions Judge /

Magistrate of …...................... for the offence of …............ punishable under Section

…......... of the Indian Penal Code/Act No..... of ….. and was sentenced to

…............................ and whereas, the sentence was confirmed/modified by me, the

Sessions Judge/Magistrate on appeal and whereas, the said sentence/said sentence as

so confirmed or modified on appeal, has been reversed by the High Court of

Judicature at Madras on appeal/in revision.

This is to authorize and require you to release the said prisoner …....................

from your custody unless he is liable to be detained for some other cause.

Given under my hand and the seal of the Court, this …............ day of 20.. .

Sessions Judge/Magistrate

N.B. – The Superintendent, …..….. Prison, should at once return the warrant with

which the prisoner was committed to his custody.

Note: In the case of a judgment or order passed by the High Court on a revision

petition against the finding, sentence or order of an appellate Court, the appellate

Court and not the trail court should give directions to the Superintendent or Officer-in-

charge of the Prison.

Seal

248

Judicial Form No.41

(See Rule 125)

FORM OF AN ORDER SUSPENDING SENTENCE

(Section 389, Cr.P.C.)

IN THE COURT OF ….........

The ….... day of …....... 20.....

Petition of Appeal No. ….. of 20... , against the conviction and sentence by the …......

Magistrate of …..........

under Section …..... of the Indian Penal Code/ Act No...... of

…... in Case No............. of the Calendar for 20...

Appellant.

vs.

Respondent

Application having been made to this Court by the Appellant for the suspension

of the sentence passed upon him, upon perusing the petition of appeal and the copy of

the judgment of the Lower Court, and upon hearing …..................................., I do

order that as respects the said …..........................................., the said sentence be

suspended until the further order of this Court in the appeal.

Sessions Judge/Magistrate

The Superintendent of the ….... Prison at …...........

Seal

249

Judicial Form No. 42

(See Rule 16)

BAIL BOND

(Section 389 or 441, Cr.P.C.)

(a)IN THE COURT OF …......................

Criminal Appeal/Sessions Case No. …. of …..

(Criminal Miscellaneous Petition No.........of 20.........)

Calendar / Sessions Case No. ……. of 20…..on the file of the … Magistrate/Sessions

Judge of ….….....

State

versus….

Accused

(b)THE COURT OF …........................

Whereas I have been convicted/committed by the …..... Magistrate/Sessions

Judge of …............ of the offence/on a charge of …….. punishable under Section …..

of the Indian Penal Code/Act …. of ….... and sentenced to rigorous imprisonment for

…..... and to pay a fine of Rs. ….. in the above case and whereas, I have, on preferring

the above appeal/petition, been admitted to bail by the said Court of (a) …............ in

its order, dated the …....... day of 20....

I do hereby bind myself to attend before the said Court or any other Court to

which the appeal or the Sessions Case may be transferred at 11 a.m. on …. (day), the

….. day of 20....., or whenever required by the said Court or the ….......... Court of

(b) ……. pending, execution of the order of the Court of Appeal/Trial

and in the case of my making default herein, I bind myself to forfeit to the State, the

sum of Rupees ….............

Dated this ….... day of …........20 …...

(Signature and thumb-impression of the accused.)

250

We, the marginally named persons, hereby declare ourselves sureties for the

abovenamed accused, and we do hereby bind ourselves to produce him before the said

Court or any other Court to which the appeal or the Sessions Case may be transferred

or the Court of …....... (b)...................on the day fixed or whenever called upon by the

said Court or the Court of (b) ….... pending execution of the order of the Court of

appeal/trial and in case of our making default therein, we, the said sureties hereby

bind ourselves to forfeit to the State, each of us, the sum of Rupees..............

Signature of the sureties.

Executed this …... day of .......... 20 …

Sessions Judge/Magistrate

The Superintendent, …..... Prison at ……….

(To obtain the signature of the accused and return the bail bond for record

in this office.)

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sureties

Number

Name

Father’s

name

Caste

Age

Calling

Residence

Remarks

Note – (a) The name of the Court in which the appeal or Sessions Case is filed should

be entered.

(b) The name of the Court to the satisfaction of which bail is furnished should be

entered.

When the appeal or the Sessions Case is transferred to another Court, the Court

from which the appeal or the Sessions case is transferred shall inform the accused and

the sureties of such transfer.

252

Judicial Form No.44

(See Rule 300)

NOTICE

(Sections 408 to 412, Cr.P.C.)

IN THE COURT OF THE ….......... MAGISTRATE OF …..........

Petitioner

Respondent

Complainant/

Accused/Complainant in

Accused in C.C.No.......of 20 …...,

C.C.No........of 20 ...

on the file of the Magistrate of …..

Take notice that an application has been made to this Court for the transfer of

C.C.No........ of 20...., on the file of the ….......... Magistrate of ….......... and that the

application will be heard on the …. day of 20 …., at …...a.m.

Station :

Dated : ......... 20....

Judge/Magistrate

253

Judicial Form No.45

(See Rules 70 and 208)

FORM OF WARRANT ON A SENTENCE OF IMPRISONMENT FOR LIFE

(Section 418, Criminal Procedure Code)

IN THE COURT OF SESSION,...............DIVISION

The Superintendent of the …......... Prison at ….......................

Whereas at the Sessions held before me on the …......day of …......20.... , prisoner in

Case No............of the Calendar 20…. at the said sessions (Crime No...of ….........Police

Station) was duly convicted of the offence under Section …. of the Indian Penal Code/ Act

No.... of …... and was sentenced to imprisonment for …....................................

This is to authorize and require you the said Superintendent to receive the said

….......... into your custody in the said prison together with this warrant and there safely to

keep him until he shall be delivered over by you to the proper authority and custody for the

purpose of his undergoing the punishment of imprisonment for life under the aforesaid

sentence.

I.*Diet-

(a) the diet to which the prisoner was accustomed according to his own statement……

(b) the diet recommended by the Sessions Judge………..

II. The distance from the prisoner’s residence to the nearest railway station / prison is

….kms..

The distance (a) by bus from the nearest railway station/prison to the bus stand nearest

to the prisoner’s residence is …... kms. (b) from the bus stand nearest to the prisoner’s

residence to his residence is …...kms..

The amount of bus fare under (a) above is Rs.............

_________________________________________________________________________

* Particulars to be entered in the Sessions Judge’s own handwriting

254

III. Details of the property on the person of the prisoner.

IV. I hereby certify that …......of the fine has been recovered.

V. Descriptive roll.

Name

Father’s Name

Sex, married or single

Race, religion and caste

Previous occupation

Age

Descriptive marks

Given under my hand and the seal of the Court, this …..day of …........ 20...

Release on bail by Court

1. Order Number and date.

2. Date of actual release

3. Date of re-arrest

Sessions Judge

The prisoner was transferred to ….….. Prison on …............ under Inspector-General’s

Order No. …... dated …...20... . Remission earned up to the end of the preceding quarter is

.... days.

Superintendent

The prisoner was transferred to ……….…. Prison on …………….. under Rule 579 of the

Tamil Nadu Prison Manual, Volume II. Remission earned up to the end of the preceding quarter is

…... days.

Superintendent

I hereby certify that within named prisoner has this day been served with an order

directing him to notify his residence to the Police for ........years from this date.

The following address was furnished by the prisoner on release:-

Street …..............

Village..................

Taluk …...............

District..............

Superintendent

Seal

Particulars of previous convictions

Section and

Code

Sentence

Court

255

The order has been duly served on me.

Signature or left-thumb

Impression of the prisoner.

Prison

Dated ………. 20…

Prison

Date of Admission to Prison

I hereby certify that the sentence

Number

passed on the prisoner named in

Name

this warrant has been executed

Sentence

according to law and that he has

Date of Sentence

this day been released from

Date of release

custody on*...................

or having earned..... days’

remission.

Prison

Dated …………..20…………

Jailor.

Release on bail or escape and re-admission may be noted below.

Superintendent

_______________________________________________________________________

* Appeal/Expiry of sentence/Bail.

256

Judicial Form No.46

[See Rule 14(4)]

APPLICATION FOR SURETYSHIP

IN THE COURT OF THE .......................... JUDGE/MAGISTRATE.................

Miscellaneous Petition No. .. . . . of ...... 20...

Case No.. . . . of ........ 20

State represented by........

Complainant

(Cr. No. …. of 20.... of …........ Police Station)

vs.

.............

Accused

I (Name of Surety) . . . . . . . . . . . . . solemnly affirm and state as follows:

I beg to offer myself as a Surety for Accused No.... (Full name of the

accused)............................. who is charged under Section ...................... and who has been

ordered to be released on bail in the sum of Rs...................... (in words) with the .................

Surety/sureties in the like amount, by the Judge/Magistrate, …......... on ................. 20 ........

I give below certain particulars concerning myself:

(A) Full name of the Surety

Qualifications, if any

Full residential address

Period for which Surety has been residing at

the above address

Rent paid for the residence

Whether the rent bill/property tax receipt of

the residence stands in the Surety's name

(B) Occupation or business

Full business address

Nature and extent of business and surety's

share therein

Rent paid for the place of business

Whether the rent bill/property tax receipt of

the place of business stands in the Surety's

name

257

Surety is in service

Full address of the place of service

Amount of monthly pay and allowances

drawn

Length of service with the employer

Amount of Provident Fund; if any, at

Surety's credit

(D) Full particulars of house property owned, if

any, its location, rateable value and the

Surety's share or interest therein and

whether it is in any way encumbered.

(E) Amount of Income Tax paid during each of

the last three years

Banking accounts, if any

Amounts now lying in each Banking

account:

(F)

Length of time for which the Surety has

known the Accused personally

Whether the surety is related to the

Accused, if so, how?

Whether the Surety has stood surety for any

other person in the preceding six months.

If so, state the names of the parties; the

amount for which the Surety has stood

surety for them: the Court and the number

of the case against those accused; and

whether the case or cases against those

persons are pending or have concluded;

Whether the Surety has, at any time, made

an application for suretyship which was

rejected, if so, give the particulars thereof;

Whether the surety is (or has been) involved

in any Civil litigation.

Whether the Surety himself has been

concerned in any case as an accused person,

if so, give particulars of the case.

(G) Any other particulars in regard to the status

of the Surety or his income and assets,

which the Surety may desire to give:

258

I produce the following proof in support of my statements and give particulars of the same as

below

Rent bills of place of residence, Ration Card, Rent bills of place of business

Deed of partnership or other documents relating to business, Certificate from the employer,

Certificate

amount

the

Provident

Fund,

Title

Deeds

properties,

Municipality/Panchayat bills of the Properties, Bank pass books, Income Tax payment

receipts

Other proof

As per sub-rule (4) of rule 14, I produce one of the following documents mentioned below:

(i)Passport

(ii)Identify card issued by the Election Commission of India

(iii)Permanent Account Number Card i.e., PAN Card issued by the Income Tax Department

(iv)ATM /Debit Card or Credit Card issued by any Nationalised or Private Bank of standing

at the National Level, having photograph of the holder thereon may be accepted in

conjunction with any other authentic document like telephone bill or electric bill as proof of

residential address.

(v) Identity Card issued by the Government Authorities or the Public Statutory Corporations.

(vi)Any such document, which is ordinarily issued by an Authority after due verification of

the identity of the person and his address, which the Judge or the Magistrate may think just

and proper, in the interest of justice, by recording specific reasons.

(3B) As per sub-rule (6) of Rule 14, I produce two copies of my latest passport size photograph.

I hereby declare that I have not stood surety before/stood surety for …........ person

(give all the relevant particulars)

I pray that I may be accepted as a Surety for the above mentioned accused in the sum

of Rs........................ (in words) ..................

Solemnly affirmed at .................. this........ day of …..... 20 ......

Identified by:

Before me:

Signature of Surety

(Signature of Surety Advocate)

259

Judicial Form No. 47

(See Rule 300)

WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED

PERSON ADMITTED TO BAIL

(Section 446, Cr.P.C.)

IN THE COURT OF ….................

Case No..........of 20....

The Superintendent/Officer-in-charge of the Civil Prison at …................

Whereas …..................................... of …....................... has bound himself as a

surety for the appearance of …...............and the said...........................has therein made

default whereby the penalty mentioned in the bond has been forfeited to the State and

whereas the said …................... has, on due notice to him, failed to pay the said sum

or show any sufficient cause why payment should not be enforced against him, and

the same cannot be recovered by attachment and sale of movable property of his, and

an order has been made for his imprisonment in the Civil Prison for …............

This is to authorize and require you, the said Superintendent/Officer-in-charge

to receive the said …............................................................... into your custody with

this warrant and safely to keep him in the said prison, for the said period of

............................... and to return this warrant with an endorsement certifying the

manner of its execution.

Given under my hand and seal of the Court, this …... day of ….. 20...

Judge/Magistrate

Seal.

260

Descriptive roll.

1.Name.

2.Father’s name.

3.Sex, married or single.

4.Race, Religion and Caste.

5.Previous occupation.

6.Age,

7.Descriptive marks.

*Diet-

(a) the diet to which the prisoner was accustomed according to his own

statement …………….

(b) the diet recommended by the Sessions Judge/ Magistrate………………..

…………..….

The distance from the prisoner’s residence to the nearest railway station / Prison

is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand

nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the

prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner.

Judge/Magistrate

NOTE:

In filling up the particulars under the head “5. Previous Occupation” in

respect of females, Courts shall use the same classes of previous occupation as are

adopted for males.

*Particulars to be entered in the Session Judges/Magistrate's own handwriting.

261

Judicial Form No. 48

(See Rule 300)

WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE

PEACE OR TO BE OF GOOD BEHAVIOUR OR TO APPEAR BEFORE

A COURT

(Section 446, Cr.P.C.)

IN THE COURT OF THE …..........MAGISTRATE OF ….....

Case No............... of 20....

The Superintendent/Officer-in-charge of the Civil Prison at …..............

Whereas proof has been given before me and duly recorded thathas committed

a breach of the bond entered into by him to be of good behavior/to keep the peace (or

to appear before the Court of …........... on ….................. ) whereby he has forfeited to

the State the sum of Rupees ….....................and whereas the said ….................... has

failed to pay the said sum or to show cause why the said sum should not be paid,

although duly called upon to do so, and payment thereof cannot be enforced by

attachment of his movable property and an order has been made for the imprisonment

of the said …............ in the Civil Prison for the period of …..............

This is to authorize and require you, the said Superintendent/Officer-in-charge

of the said Civil Prison to receive the said …...............

into your Custody, together

with this warrant, and safely to keep him in the said Prison for the said period of …....

and to return this warrant with an endorsement certifying the manner of its execution.

Given under my hand and seal of the Court, this ... day of ….....20..

Magistrate.

Seal

262

Descriptive roll.

1.Name.

2.Father’s name.

3.Sex, married or single.

4.Race, Religion and Caste.

5.Previous occupation.

6.Age,

7.Descriptive marks.

*Diet-

(a) the diet to which the prisoner was accustomed according to his own

statement …………….

(b) the diet recommended by the Sessions Judge/ Magistrate………………..

…………..….

The distance from the prisoner’s residence to the nearest railway station / Prison

is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand

nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the

prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner

Magistrate.

NOTE-

In filling up the particulars under the head “5. Previous

Occupation” in respect of females, Courts shall use the same classes of previous

occupation as are adopted for males.

*Particulars to be entered in the Magistrate's own handwriting.

263

Judicial Form No.49

(See Rule 300)

WARRANT OF IMPRISIONMENT ON FORFEITURE OF BOND FOR GOOD

BEHAVIOUR OR TO KEEP THE PEACE

(Section 446, Cr.P.C.)

IN THE COURT OF THE …....... MAGISTRATE OF …............

Case No. ….. of 20.....

The Superintendent/Officer-in-charge of the Civil Prison at …........

Whereas, …......................... did, on the …........ day of …..... 20 …., give

security by bond in the sum of Rupees …... that ….... should be of good

behaviour/keep the peace and proof of the breach of the said bond has been given

before me and duly recorded whereby the said …...... has forfeited to the State the

sum of Rupees........ and whereas he has failed to pay the said sum or to show cause

why the said sum should not be paid, although duly called upon to do so, and payment

thereof cannot be enforced by attachment of his movable property and an order has

been made for the imprisonment of the said ….... in the Civil Prison for the period of

…...

This is to authorize and require you, the said Superintendent/Officer-in-charge

to receive the said ….......................... into your custody together with this warrant and

safely to keep him in the said Prison for the said period of …............. returning this

warrant with an endorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this ….. day of ….. 20...

Magistrate

Seal

264

Descriptive roll

1.Name

2.Father’s/Husband’s Name

3.Sex, Married or Single

4.Race, religion and caste

5.Previous occupation

6.Age

7.Descriptive marks

Descriptive marks.

*Diet-

(a) the diet to which the prisoner was accustomed according to his own

statement …………….

(b) the diet recommended by the Sessions Judge/ Magistrate………………..

…………..….

The distance from the prisoner’s residence to the nearest railway station / Prison

is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand

nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the

prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner

Magistrate.

Note – In filing up the particulars under the head “5. Previous Occupation” in respect

of females, Courts shall use the same classes of previous occupation as are adopted for

males.

__________________________________________________________________

*Particulars to be entered in Magistrate’s own handwriting

265

Judicial Form No.50

(See Rule 300)

BOND FOR RETURN OF PROPERTY

[Sections 451 and 452, Cr.P.C.]

IN THE COURT OF THE SESSIONS JUDGE/MAGISTRATE OF ….................

Calendar / Sessions Case No. …. of 20…

State represented by the …………..

Complainant

versus

……………

Accused

Whereas, I, ………, S/o ……….., residing at ………….., have received the property

or documents noted below in pursuance of the order of the Court dated…...... and hereby

bind myself that I will return the said property or documents to the Court when called on to

do, if order passed in the case is modified or set aside on appeal; and in the case of my

default herein, I, bind myself to forfeit to the State the sum of ….... Rupees.

Signature

EXECUTED BEFORE ME

Presiding Officer/Judge/Magistrate

Whereas …............. has received the property or documents Noted below in

pursuance of the order of the Court, dated …......

We (1) …............ residing at …........... and (2) …...................... residing at

….......... hereby bind ourselves jointly and severally that the said ….........................

will return the said property or document to the Court when called on to do, if the order

passed in the case is modified or set aside on appeal; and in the case of the said …......

making default herein, we, the said (1) ….......... and (2) …............ bind ourselves jointly

and severally to forfeit to the State the sum of ….... Rupees.

Signature (1)…………..

(2)……………

List of properties or documents:

………………………………………

Executed before me.

Presiding Officer/ Judge/Magistrate

Station :

Date: ……...... 20..

268

Judicial Form No.53

(See Rule 42)

DEPOSITION OF WITNESS

(Chapter XXIII, Cr.P.C.)

IN THE COURT OF …...........................

Calendar

Miscellaneous

Preliminary Register

Case No…….. of 20..

Sessions

Prosecution

Depositions of …........witness for …........

Defence

Court

Name

Father’s name

Village

Taluk

Caste

Calling

Religion

Age

Solemnly affirmed in accordance with the provisions of the Oaths Act, 1969 (Central

Act 44 of 1969) on the

…... day of …... 20....

Signature of witness

Name of the Interpreter:

Solemnly affirmed in accordance with the provisions of the Oaths Act, 1969

(Central Act 44 of 1969) on the

…... day of …... 20....

Signature of Interpreter

269

Judicial Form No.54

(See Rule 300)

FORM OF ORDER FOR DETENTION OF YOUTHFUL/ADOLESCENT

OFFENDERS IN CERTIFIED/BORSTAL SCHOOLS

It is hereby found that (name of the offender) ……………. convicted by the

…............... Law and sentenced to imprisonment is a youthful/adolescent offender

under …. years of age.

He is hereby directed to be sent to a Junior/Senior/Borstal Certified School and

to be there detained for a period of ….. years.

Descriptive roll.

1. Name:

2. Father's name/Husband's name

3. Sex, married or single.

4. Race, religion and caste.

5. Previous occupation.

6. Age

7. Descriptive marks

NOTE:- At least three marks of identification must be given.

Dated this the ….... day of …....... 20.......

Sessions Judge/Magistrate

Seal

270

Judicial Fom No. 55

[See Rules 201 and 204(C)(4)]

ORDER FOR PAYMENT OF COMPENSATION MONEY

I, ..........................., Magistrate of .............................................., hereby certify

that ................. complainant in Calendar Case No........... of .................., on the file of

my Court, is entitled to receive payment of Rs....................... from .............. Treasury,

being the amount of compensation awarded to him under Section .......... of

...................... from the fine imposed on the prisoner in the said case and remitted

into the above Treasury on ............in Challan No. ..........

I further certify that:

the sentence and award are not subject to appeal, the award has been

confirmed by the Appellate Court, the order as to compensation has been modified

on appeal and the payment order is in conformity with such order,

and

that no order has been received from the Court of Revision modifying or

reversing the order of compensation

the order has been modified in revision and the payment order is in accordance

with such order on revision.

Dated ..... day of........ 20...

Magistrate

271

Judicial Form No. 56

(See Rules 70 and 74)

MEMORANDUM

Sentenced to...... year's / month's rigorous imprisonment

and to pay a fine of Rs............and in default of payment

to....... year's / month's further rigorous imprisonment.

With reference to the warrant issued by this

Court,dated the …...day of …... 20...., directing the

execution of the marginally noted sentence passed on

…...... prisoner in Calendar Case No. …...of 20...,

intimation is hereby given that the sum of Rupees

…... being the whole/part of the fine imposed on the

said....................................................................

has

been realized. Receipt of this intimation should be

acknowledged and the information endorsed on the

warrant.

Dated …......20....

Sessions Judge/

Magistrate

The Superintendent of the …............. Prison, at........

272

Judicial Form No.57

[See Rule 30(5)]

LETTER ACCOMPANYING A RECORD AND MEMORANDUM OF

ACKNOWLEDGMENT

D. No…… of …… dated the ……… 20..

From ………….

To ………………

Sir,

I am to forward / return herewith by^*…….. the original record of the case,

noted on the margin,

+ …… called for in/received with your ….. No……….. dated

the ……………

Signature and designation of the Officer.

Memorandum of acknowledgment

Received the record forwarded with letter No……….. dated……… of 20…

from the ……………………of ………………………..

Signature and designation of Receiving Officer.

Dated:……………..20… .

* Here state the method of despatch.

+ Note also on the margin, the number of files and pages in each file.

273

Judicial Form No.58

See Rule 264 (11)

NOTICE TO TAKE BACK DOCUMENTS

IN THE COURT OF..........................................

Case No…………of 20…

of Complainant/Appellant

versus

of Accused/Respondent

The parties in the above case are hereby required to take back into their custody

within six months from the date hereof, the documents now in the custody of Court

filed by them as evidence in the above case, the Judgment (or order) now having

become final. The parties are hereby informed that the documents are kept at their

own risk, that the Court, from this date declines all responsibility for their safe

custody and that, if not taken back, they will be destroyed when the record is

destroyed.

The ……day of ……………..20….

Presiding Officer

……………..

274

Judicial Form No.59

[See Rule 276 (2)]

COURT’S CERTIFICATE TO BE GIVEN TO GOVERNMENT OR LOCAL

FUND SERVANTS WHO ATTEND COURT AS WITNESSES

IN THE COURT OF……………….

Certified that ^*……………………. ⁺…………….. appeared before me as a

witness on behalf of ………… in a Civil/Criminal Case for …… days from ………..

to ……………. in his ^¥…………….capacity to depose to facts within his ………

knowledge and that he has been paid ^$…………….the undermentioned allowances:-

As travelling allowance

Rs……………..

As subsistence allowance

Rs………………

Date.

Presiding Officer of the Court

Note: (1) Government officers summoned to give evidence in their private capacity,

i.e., to depose to facts not coming to their knowledge in the course of their official

duties or with which they have not had to deal officially, are not entitled to travelling

allowance from Government.

(2) In civil cases to which the State is not a party, official witnesses appearing at the

instance of a private party will be paid by the party through the Court and the fact

certified as in the case of a payment by the State.

* Name

+ Designation

¥ Here state whether official or Private

$ If nothing is paid under either head, it should be clearly stated.

275

Judicial Form No.60

(See Rules 81 and 82)

CALENDAR AND JUDGMENT

(For use in cases where there is one or more accused person)

District of..........................

Calendar of cases tried by the Metropolitan/Judicial Magistrate of Egmore / George

Town / Saidapet / ………………..

Date of

Explanation of

delay and remarks

Offence

Report or

Complaint

Apprehension

of accused

Release

on bail

Comme

ncement

of trial

Close of

trial

Sentence

or order

Judgment in Calendar Case No…………… of 20….., on the file of the

……..Metropolitan Magistrate of Egmore/George Town/ Saidapet, Chennai /………..

Magistrate of …………………

Complainant ………………………

Name of accused

Age

Father’s Name

Yrs.

Caste or religion

Calling

Residence

Taluk

276

Offence-

Finding-

Sentence-

Date of Receipt-

Magistrate

From

The ………Magistrate of ……….

Remarks of the Chief Judicial Magistrate /

Chief Metropolitan Magistrate

The District and Session Judge/

The Principal Judge

Through

The Chief Judicial Magistrate /

Chief Metropolitan Magistrate

Calendar Case No. ……. of 20..

Date of Judgment …………

Date of despatch of Calendar ….

Date of receipt ………….

Date of Despatch: …………

Date of Receipt:

…………

Remarks of the Chief Judicial Magistrate /

Chief Metropolitan Magistrate

Reply of the …………… Magistrate, ……………….

Date of Despatch: …………

Date of Receipt:

…………

277

Judicial Form No.61

(See Rule 106)

IN THE COURT OF THE........................................................................

JUDGMENT IN SESSIONS / CALENDAR CASE No.…… of ….

ON THE FILE OF THE ………. SESSIONS COURT/MAGISTRATE OF ………..

Complainant

Accused

Offence

Finding

Sentence

Serial

number

Description of the accused

Name

Father’s

name

Caste or

race

Occupation

Residence

Age

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Date of

Explanation

of delay

Occurrence

Complaint

Apprehension

or appearance

Release on

bail

Commencement

of trail

Close of

trail

Sentence or

order

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

Judge/Magistrate

278

Judicial Form No.62

(See Rule 138)

IN THE COURT OF …................................

The…...... day of .......20….

PRESENT:- ……………………..

Sessions Judge/Magistrate

Judgment in Criminal Appeal No………. of ……..

From what Court the Appeal is preferred

Number of the Case in that Court

Number of the Appeal

Name and description of the Appellant

The sentence and law under which it was imposed in the lower court:

Whether confirmed, modified or reversed; and if modified the modification:

Date of, or on which

Presentation

Filing

Notice

issued by

Court to

appear

Bail bond if

appellant

has been let

out on bail

Appellant

ordered to

appear

Hearing

Order

This appeal coming on for hearing before me, upon perusing the petition of

appeal and the record of the evidence and proceedings, and upon duly considering the

same after hearing the ……….., I do adjudge and pass the following

JUDGMENT

279

Judicial Form No. 63

[See Rule 252 (6)(i)]

INDEX

IN THE COURT OF SESSION ……………. DIVISION

SESSIONS CASE No…… of 20…

English part of Sessions record

Serial

No.

Description of paper

Page

The Charge ………………………………..

The plea of the accused ………………………..

(1)

(2)

Record of oral evidence for prosecution -



First witness



Second witness



Third witness

Examination of accused

Record or oral evidence for defence–



First witness

Exhibits–

(a)Documents used in evidence

A.––

B.––

(b)Material objects produced in evidence,

Judgement …………………………………

Other miscellaneous papers :

Dated :

Sessions Judge

280

Judicial Form No. 64

[See Rule 254 (2)]

LIST OF MATERIAL OBJECTS

IN THE COURT OF SESSION, ………… DIVISION.

Sessions Case No. …….of 20…...

(P.R.C. No. ……..of 20… on the file of the ………. Magistrate,……..)

Mark

given in

the

Sessions

Court

Mark

Given

in the

Order of

commitment

Item of

reference in

the letter to

the Chemical

Examiner

(vide

Exhibit )

Item of

reference

in the letter

to the

Serologist

(vide

Exhibit )

Mark

given by

the

Serologist

Description

Remarks

Sessions Court

Serishtadar.

NOTE:

(a) The list should include all objects exhibited in the Sessions trial.

(b) Every object should have affixed to it a label containing a brief description and the mark

assigned to it in the Sessions Court. The label should be pasted on or securely fastened to the

object. Each object should be kept in a separate cover or other receptacle.

(d) Weapons should be accurately described by their specific names.

(e) Valuables should be sent separately by insured post.

(f) Under column 7, it should be explained where or from whom the object is alleged by the

prosecution to have been recovered.

(g) The pasting of labels or the packing should not interfere with the marks of blood, etc., and

detract from the probative value of the object.

281

Judicial Form No. 65

[See Rule 252(6)(ii)]

INDEX

IN THE COURT OF SESSION, ………..DIVISION

Session Case No. ……….of 20….

(Part of Sessions Records in Regional Language)

S.No.

Description of paper

Page

The Charge ………………………………..

The plea of the accused ………………………..

(1)

(2)

Record of oral evidence for prosecution -



First witness



Second witness



Third witness

Examination of accused

Record or oral evidence for defence–



First witness

Exhibits–

(a)Documents used in evidence

A.––

B.––

(b)Material objects produced in evidence,

Judgement …………………………………

Other miscellaneous papers :

Dated: ………….20… .

Sessions Judge

282

Judicial Form No. 66

(See Rule 300)

WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH.

The Superintendent (or Keeper) of the …………….Prison at…………………..

Whereas at the Session held before me on the …. day of ….. 20…, the Prisoner

Case

No……of

the

Calendar

20…

the

said

Session

(Crime

No……………of……………….Police Station) was duly convicted of the offence of

culpable homicide amounting to murder under Section …… of the Indian Penal Code

and sentenced to suffer death subject to the confirmation of the said sentence by the

High Court of Judicature at Madras;

This is to authorize and require you (the said Superintendent or Keeper) to

receive the said …………………. into your custody in the said Prison together with

this warrant and keep him there safely until you shall receive the further warrant or

order of this Court, carrying into effect the order of the said High Court.

Descriptive roll.

1 Name.

2 Father’s name/ Husband’s name

3 Sex, married or single.

4 Race, religion and caste.

5 Previous occupation.

6 Age.

7 Descriptive marks.

(NOTE –– At least three identification marks must be given.)

Given under my hand and seal of the Court, this …… day of …… 20…

Sessions Judge

NOTE –– In filling up the particulars under the head “5. Previous Occupation” in

respect of females, Courts shall use the same classes of previous occupation as are

adopted for males.

Seal

283

Judicial Form No.67

(See Rule 300)

SUBPOENA TO WITNESS (ON COMMISSION)

IN THE METROPOLITAN MAGISTRATE’S COURT,

Egmore/George Town/Saidapet, Chennai

No......... of …........

No.

…..........

Whereas a Commission has been duly issued from the ….........................of

…...........requesting the Metropolitan Magistrate of Chennai to examine you on certain

interrogatories accompanying the said Commission and connected with a case of

…............ pending before the ….................

You are hereby summoned to appear before this Court on the …. day of ….... 20..

next at 11 o’clock in the forenoon to be examined as aforesaid.

Given under my hand and the seal of the Court, this …. day of …...

20 ….. .

(By order of the Court)

Head Ministerial Officer

Seal

286

Judicial Form No.70

(See Rule 58)

REGISTER OF PROPERTIES DEPOSITED IN THE

METROPOLITAN MAGISTRATE COURT, EGMORE/GEORGETOWN/SAIDAPET, CHENNAI

Date of

receipt

Number of

the case to

which the

property

relates

Designation

of the

Court from

which the

property

has been

received

Description

of the

property

Initials of

the Cashier

in token of

receipt

Manner of

disposal

Signature

of the party

to whom

the

property is

delivered

Initials of

Magistrate

for final

disposal

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

288

Judicial Form No.72

[See Rule 27(6)]

VAKALATHNAMA

IN THE COURT OF ......................

Case No. ........... of ..............

Petitioner/Accused/Complainant

vs.

Respondent/Complainant/Accused

I/we do hereby appoint and retain Mr./Ms./Mrs./M/s. ................................ to appear for

me/us in the above case on my/our behalf and to plead and I/we further empower

him/her/them to accept on my/our behalf, service of notice of all proceedings in the above

case, until disposal of the case.

[Signature/LTI of the Accused/

Complainant/Respondent]

I certify that the contents of this Vakalatnama were read over and explained in ......

(state the language) in my presence to the Executant who appeared perfectly to understand the

same and made his/her/ their signature in my presence .

Executed before this .....day of ..... ....... 20...

[Signature & Enrollment No.]

I / We accept the Vakalathnama.

[Advocate]

The address for service of the advocate with

Enrolment No., Mobile No. and email id.

Name and address of the party(ies) with

Mobile No. and email id, if any & any

Identity Card No.

289

Judicial Form No.73

[See Rule 27(11)]

SPECIAL VAKALATHNAMA

IN THE COURT OF ......................

Case No. ........... of ..............

Petitioner/Accused

vs.

Respondent/Complainant

I / We, the accused in the above case, do hereby appoint and retain Mr./Mrs./Ms./M/s.

............... to appear and to plead guilty to the charge on my / our behalf / any of the acts on

my / our behalf and to pay the fine under Section 206 Cr.P.C.

[Signature / LTI of the Accused]

I certify that the contents of this Special Vakalathnama were read over and explained in

......... (state the language) in my presence to the Executant who appeared perfectly to

understand the same and made his/her/ their signature in my presence.

Executed before this .....day of .....

20. . . .

Signature & Enrollment No. of attesting advocate

I / We accept the Special Vakalathnama.

[Advocate & Enrollment No.]

The address for service of the advocate with

Enrolment No., Mobile No. and email id.

Name and address of the party(ies) with

Mobile No. and email id, if any and any

identity Card No.

290

Judicial Form No.74

(See Rules 22 and 24)

Bond under Section 88 Cr.P.C.

IN THE COURT OF THE ….......................................

Case No............. of................

I, ….............................., S/o / D/o / W/o …................... residing at …......................

(address), having appeared before this Court on receipt of summons, do hereby bind myself to

attend this Court or any other Court to which the case may be transferred for trial and to

continue so as to attend until otherwise directed by the Court, and, in case of my making

default herein, I bind myself to forfeit to the State, the sum of Rs............................

Dated this …................. day of ….................. 20....

Signature

Executed before me.

Presiding Officer/Judge/Magistrate

I/We do hereby declare myself/ourselves as surety/sureties for the above named

…....................., S/o / D/o / W/o …............. residing at …............................. (address) that

he/she shall attend before this Court or any other Court to which the case may be transferred

for trial and to continue so as to attend until otherwise directed by the Court, and, in case of

his/her making default therein, I/we hereby bind myself/ourselves jointly and severally, to

forfeit to the State, the sum of Rs.............................................

Dated this …......... day of …............... 20......

1........................

2........................

Signature of the sureties

Executed before me

Presiding Officer/Judge/Magistrate

291

Judicial Form No.75

(See Rule 24-N.B. 2)

Bond under Section 437-A, Cr.P.C.

IN THE COURT OF THE ….......................................

Case No.....................................

…..............................,

S/o/D/o/W/o

…...................

residing

…...................... (address), hereby appearing before this Court for trial/appeal, do

hereby bind myself to appear before the higher Court as and when such Court issues

notice in respect of any appeal or petition filed against the judgment of this Court, and,

in case of my making default herein, I bind myself to forfeit to the State the sum of

Rs.....................

Dated this …................. day of ….................. 20. …...

Signature

Executed before me

Presiding Officer/Judge/Magistrate

I/We do hereby declare myself/ourselves as surety/sureties for the above named

…....................., S/o / D/o / W/o …............. residing at ….............................

(address) that he/she shall attend before the higher Court as and when such Court

issues notice in respect of any appeal or petition filed against the judgment of this

Court, and, in case of his/her making default therein, I/we hereby bind

myself/ourselves jointly and severally, to forfeit to the State, the sum of

Rs.............................................

Dated this …......... day of …............... 20......

1........................

2........................

Signature of the sureties

Executed before me

Presiding Officer/Judge/Magistrate

P.S.: This bond shall be in force

for six months from the date of its

execution.

292

Judicial Form No. 76

[See Rule 252(15)]

IN THE HIGH COURT OF JUDICATURE (PRINCIPAL SEAT)AT MADRAS/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

(CRIMINAL JURISDICTION)

Criminal Appeal No...... of …...

Case No..... of ….....

(on the file of the …........... Court, ….............)

….................................

Appellant

vs.

….................................

Respondent

MEMORANDUM TO SUBMIT RECORDS

The …................. Judge/Magistrate ….................................. is

requested

submit to the High Court, with the least possible delay, the material part of the records in

Case No......... of …........ on his file and is further requested to submit charges, deposition

of witnesses, statement under Section 313 of the Code of Criminal Procedure, 1973

(Central Act 2 of 1974) and judgment, if available, as soft copy, by email to the High

Court as well in the form of compact disc (CD)/digital versatile disc (DVD) or any other

device, for consideration in Criminal Appeal No...... of …..... on the file of the High

Court. The Judge/Magistrate is also requested to send photocopy of the material records

duly certified in all pages by the Head Clerk to be true photocopy.

High Court of Judicature, Madras/

Sub Assistant Registrar

Madurai Bench of Madras High Court

(Criminal Side)

Date:...../....../........

The …................. Judge/Magistrate

….............................

293

Judicial Form No. 77

[See Rule 252 (15)]

IN THE HIGH COURT OF JUDICATURE (PRINCIPAL SEAT)AT MADRAS/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

(CRIMINAL JURISDICTION)

Criminal Revision Case No...... of …...

Case No..... of ….....

(on the file of the …........... Court, ….............)

….................................

Petitioner

vs.

….................................

Respondent

MEMORANDUM TO SUBMIT RECORDS

The …................. Judge/Magistrate ….................................. is

requested

submit to the High Court, with the least possible delay, the material part of the records in

Case No......... of …........ on his file and is further requested to submit charges, deposition

of witnesses, statement under Section 313 of the Code of Criminal Procedure, 1973

(Central Act 2 of 1974) and judgment, if available, as soft copy, by email to the High

Court as well in the form of compact disc (CD)/digital versatile disc (DVD) or any other

device, for consideration in Criminal Revision Case No...... of …..... on the file of the

High Court. The Judge/Magistrate is also requested to send photocopy of the material

records duly certified in all pages by the Head Clerk to be true photocopy.

High Court of Judicature, Madras/

Sub Assistant Registrar

Madurai Bench of Madras High Court

(Criminal Side)

Date:..../...../........

The …................. Judge/Magistrate

….............................

294

Judicial Form No. 78

[See Rule 293]

LIST OF DOCUMENTS FILED U/S 294(2) OF THE CODE

Calendar Case No.

Name of the Court

Name of Police Station

Crime Number

Station House Officer

Name of accused

The prosecution / accused in the above case proposes to adduce in evidence several documents

specified in the table below:

No.

Nature of

document

Date of

document

Whether

original

or copy

If copy,

reason for

not

producing

original

By whom

produced

Other

remarks,

if any

Signature of counsel for Prosecution/Accused

295

Judicial Form No. 79

[See Rule 31(8)]

FORM OF COMMUNICATION REGARDING ARREST AND DETENTION OF A MEMBER

OF PARLIAMENT OR STATE LEGISLATURE

Place:..................

Date:....................

The Speaker, Lok Sabha, New Delhi/

The Chairman, Rajya Sabha, New Delhi/

The Speaker, Tamil Nadu Legislative Assembly, Chennai/

The Speaker, Puducherry Legislative Assembly, Puducherry

Dear Mr. Speaker/Mr. Chairman,

I have the honour to inform you that I have found it my duty, in the exercise of my powers

under Section ….... of the ….......... Act to direct that Mr./Ms./Mrs..............................., Member of

the Lok Sabha/Rajya Sabha/Legislative Assembly, be arrested/detained for ….......................

(reasons for the arrest or detention, as the case may be).

Mr./Ms./Mrs................. M.P./M.L.A. was accordingly arrested/taken into custody at

….................... (time) on ….......... (date) and is at present lodged in the …................ Prison,

…......... (place).

Yours faithfully,

Judge/Magistrate/Executive Authority

296

Judicial Form No. 80

[See Rule 31(8)]

FORM OF COMMUNICATION REGARDING CONVICTION OF A MEMBER OF

PARLIAMENT OR STATE LEGISLATURE

Place:..................

Date:....................

The Speaker, Lok Sabha, New Delhi/

The Chairman, Rajya Sabha, New Delhi/

The Speaker, Tamil Nadu Legislative Assembly, Chennai/

The Speaker, Puducherry Legislative Assembly, Puducherry

Dear Mr. Speaker/Mr. Chairman,

I have the honour to inform you that Mr./Ms./Mrs..............................., Member of the Lok

Sabha/Rajya Sabha/Legislative Assembly, was tried at the Court before me on (a) charge(s) of

….......…................. (reasons for the conviction).

On …........ (date), after a trial lasting for …................ days, I found him guilty of

…........................... and sentenced him to …................ imprisonment for …....... (period).

His application for leave to appeal to …................... (Name of the Court) is pending

consideration.

Yours faithfully,

Judge/Magistrate

297

Judicial Form No. 81

[See Rule 31(9)]

FORM OF COMMUNICATION REGARDING RELEASE OF A MEMBER OF

PARLIAMENT OR STATE LEGISLATURE

Place:..................

Date:....................

The Speaker, Lok Sabha, New Delhi/

The Chairman, Rajya Sabha, New Delhi/

The Speaker, Tamil Nadu Legislative Assembly, Chennai/

The Speaker, Puducherry Legislative Assembly, Puducherry

Dear Mr. Speaker/Mr. Chairman,

I have the honour to inform you that Mr./Ms./Mrs..............................., Member of the

Lok Sabha/Rajya Sabha/Legislative Assembly, who was convicted on …............. (date) and

imprisoned for …......... (period) for …...................................(reasons for conviction) was

released on bail pending prosecution/trial/appeal (or released on the sentence being set aside on

appeal as the case may be) on …............. (date).

Yours faithfully,

Judge/Magistrate/Executive Authority

298

Judicial Form No. 82

[See Rule 257(1)]

PANCHANAMA

In the Court of the …........................., …..............

Case No. …....... of ….......

Name of Police Station

Crime Number

Offence under Section

Name of the accused, if any

Seized on

Received on

The undermentioned articles/properties/vehicles which are produced by the police, are

checked, received and entered in the Property Register in Administrative Form No.19 (C.R.

No.19) (in case of Judicial Magistrate Court) or in Judicial Form No.70 (in case of Metropolitan

Magistrate Court) as Item No. . . . . of 20...... and they have been photographed.

GOLD JEWELLERY/SILVER ARTICLES:

S.No.

Description

Weight assessed by

Appraiser (gms.)

OTHER ARTICLES:

S.No.

Description

VEHICLES:

Registration No.

Engine No.

Chassis No.

Insurer's name

Insurance

Policy

No.

Other remarks :.................................................................................................

Dated this ….. day of ….... 20....

Signature of witness with name & address:

1..................

2...................

Magistrate

299

Judicial Form No. 83

[See Rule 6(13)]

Form of order for the Transit of an accused person

The Deputy Superintendent/Inspector of Police

............... Police Station

..................... District, ................. State

Whereas it appears that a charge against ..............(name of the accused) of an

offence(s) under Section ............... of the ................. is/are under investigation by the

............... police under the provisions of Chapter XII of the Code of Criminal Procedure,

1973 (Central Act 2 of 1974) that such investigation cannot be completed within the period

of 24 hours fixed by section 57 of the said Code, and that there are grounds for believing that

the accusation/information against the said person is well founded and the accused having

been duly produced before this Court today, and this is to authorise you to take the said

............ (name of the accused) in custody for ....... days for being produced before the

............... Court sitting at ............. on the .... day of ......... 20.. at .... o' clock.

DESCRIPTIVE ROLL

Name

Father's / Husband's name

Sex – Married or Single

Race, Religion and Caste

Previous occupation

Age

Descriptive marks:

Given under my hand and the seal of the Court, this ...... day of ....... 20....

Judicial Magistrate

................................

Seal

300

Judicial Form No. 84

[See Rule 6 (13)]

From

Thiru./Tmt.............

Judicial Magistrate

...................

The .....................

............................

........................... District

........................... State

D. No........... / 20.... dated ..../....../ 20.....

Sir/Madam,

Sub:

Cases – Criminal – Crime No........ / 20.... of ................. Police Station – Offence(s) u/s

........... of .............. - Accused .............. S/o / W/o ........... - Produced before this Court on

............ (date) - Ordered to be produced before the .......... Court at ........... on ........... (date) –

Transit Warrant – Sent – Regarding.

Ref.: Requisition of the Deputy Superintendent/Inspector of Police, .......... Police Station,

........... District, .......... State.

- - - -

I am to state that the accused .............., S/o / W/o ............... residing at .......................

concerned in Crime Number ........../ 20.... of ........... Police Station of an offence u/s ............... of

the ........... Act has been produced before me today at ... o' clock and the said accused is handed

over to the Deputy Superintendent/Inspector of Police, ........... Police Station for ..... days for

being produced before the Judicial Magistrate, ............. on ............. (date) without fail, for taking

further action at your end.

The fact of the production of the said accused may be intimated to this Court forthwith.

Yours faithfully,

Judicial Magistrate

..............................

Encl.: Requisition for remand and connected papers duly indexed

(Pages 1 to .......)

301

Administrative Form No.1

(See Rule 98)

CRIMINAL REGISTER NO.1

No. of

sessions

cases

Name of

Committing

Court and

P.R NO.

Number,

name and

residence

of accused

Nature of

offence

charged

and section

of code of

law

DATE OF

Date of

judgment

Result

and date

disposal

Date of

delivery of

record into

record

room with

Record

Keeper’s

initials

Remarks

Commitment

Receipt

of record

Commence

ment of

trial

Close of

trial

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

302

Administrative Form No.2

(See Rule 118)

CRIMINAL REGISTER NO.2

Number of

appeal

From what

Court with

number of the

case in that

court

Name and rank

of appellant in

the lower court

Sentence or

order appealed

against and law

under which it

was passed

DATE OF

Date of delivery of

record into Record

Keeper's initials

Remarks

Presentation of

appeal

Hearing

Order

Result

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

Instructions

1.The despatch seal should be obtained in the last column of the register in token of transmission to the Chief Judicial Magistrate of copies of

judgments in appeal cases.

2.The register should be checked by the Presiding Officer every month and omissions rectified.

303

Administrative Form No.3

[See Rule 118]

CRIMINAL REGISTER NO.3

REGISTER OF REVISION CASES ENTERTAINED

Number of

revision

case

Whether

taken up suo

motu or on

application.

If on the

applicant and

his position

in the Lower

Courts

If by petition,

date of

presentation

thereof

From what

Court with

number of

the case on

the file of

that court

Nature and

date of

disposal

If referred to

High Court,

order of High

Court with

number on its

file and date

Date of

delivery of

record into

record-room

with record-

keeper’s

initials

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

304

Administrative Form No.4

(See Rule 62)

CRIMINAL REGISTER NO.4

REGISTER OF CALENDAR AND PRELIMINARY REGISTER CASES RECEIVED

Number of

calendar cases

Name of

complainant or

station from

which charge-

sheet was

received with

date and

number of

charge-sheet

Number and

name of

accused

Offence

complained of

and section of

law

DATE OF

Result

Date of

delivery of

record into

record room

with record-

keeper’s

initials.

Remarks (if a

case has been

treated as

long-pending

one, note the

fact here in

red ink)

Receipt of

report or

complaint

Apprehension

of the accused

or his

appearance in

court

Commencement

of trial

Decision

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

Instructions

1.The first few pages should be set apart for preliminary Register Cases which should be numbered separately from Calendar Cases. In

murder cases, it should be stated in the remarks column whether the accused can afford to pay an advocate.

2.The despatch seal should be obtained in the last column of the register in token of transmission to the Chief Judicial Magistrate of copies of

judgments and orders.

3.The register should be checked by the presiding Magistrate every month and omissions rectified.

305

Administrative Form No.5

(See Rule 62)

CRIMINAL REGISTER No.5

REGISTER OF MISCELLANEOUS AND MAINTENANCE CASES RECEIVED

Number

Name and

residence of

petitioner, if

any or

designation

of officer by

whom

reported.

Name and

residence of

defendant

Section and

chapter of

the Criminal

Procedure

Code under

which

proceedings

are

instituted

Result

DATE OF

Date of

delivery of

record into

record room

with record-

keeper's

initials

Remarks

Receipt of

petition or report

Commence

ment of

inquiry

Order

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

Instructions

This register should be maintained in two sections in all Courts. The first section should be called “Criminal Register No.5”. This section should be

restricted to cases under Sections 107 to 110, 145, 125,126,446,340 and 360 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and the

cases entered in this section should be shown as “Miscellaneous Cases”.

The second section with the same headings as in Criminal Register No.5 should be opened and maintained for all proceedings other than those under

Sections 107 to 110, 145, 125, 126,446,340 and 360 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). The cases entered in this

section should be marked as “Miscellaneous Petitions”.

The despatch seal should be obtained in the last column of the register in token of transmission to the Chief Judicial Magistrate of copies of

judgments and orders.

The registers should be checked by the presiding Magistrate every month and omissions rectified.

306

Administrative Form No.6

(See Rule 301)

CRIMINAL REGISTER NO.6

No. of the case

Date of receipt

Name of defaulter

Designation of

Railway Official who

lodged the complaint

Amount of fare

ordered to be

collected

Date of notice

Initials of the

Magistrate

Amt. collected

Date of collection

Initials of the

Magistrate

Date of remittance

to railway

Initials of the

Magistrate

Alternative

sentence

Irrecoverable amounts written off

Amount

Date of Chief

Judicial

Magistrate's

Sanction

Initials of

the

Magistrate

(1)

(2)

(3)

(4)

(5)

(5A)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

307

Administrative Form No.7

(See Rule 67)

Criminal Register No.7

Court –

Year –

Instructions

All cases disposed of, whether the accused appeared or not, should be entered in this register. Column (1) is simply intended to

mark identity of the case and thus to prevent a repetition.

2. The fact of receipt by transfer or commitment or on reference should be noted in the remarks column.

3. This register is practically a ledger of offences. The heading of each page will be the particulars of the offence, and for this

purpose the prescribed schedule of offences must be adhered to. One or more pages must be set apart for each offence or group of

offences against which there is a head of crime shown in columns (5) (6) or (7) in the schedule, according as the experience of the

Court may suggest as necessary for a year. Separate entry should be made in alphabetical order of each special or local law, other than

the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) against which offences have been committed. Every person should be

entered under the “Head of Crime” under which the Magistrate finally dealt with him. Where an accused is tried under more than one

head of charge, he should be exhibited under the principal one only, unless he happens to be accused of entirely distinct offences

supported by separate evidence, in which case the trials would be separate and results independent.

4. In the column of remarks, a note shall be made against every case in which the complainant was required to pay

compensation to the accused under section 250 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), or the defendant, in

addition to the punishment inflicted upon him, was required to give recognizance or security to keep the peace under sections 106 and

122 of the said Code, and in how many cases entered against heading 15, the orders of the Court of Session were taken under section

122 of the said Code.

5. Column (2) – The duration of cases will be calculated (1) in Magistrates’ Courts from the earliest date of the apprehension

of any of the accused or of his appearance in Court, whichever was the earlier and (2) in Courts of Session, from the date of the

commitment of the accused. The duration of a case disposed of on the same day on which the accused appears, will be taken as one

day only for the purpose of entries in this register. In all other cases, the date of appearance shall be excluded, e.g., if the case is

disposed of on the next day, the duration will be only one day.

6. Column (25)- The number of witnesses required to attend in Court on more than three days whether consecutive or

otherwise should be stated in this column.

308

Number of Head of Crime

Number of the case disposed of

Actual number of days during which the case in

which accused persons appeared before the court

lasted [not applicable to cases shown in column(6)]

CASES DISPOSED OF

NUMBER OF PERSONS

Complaints rejected under section 203, Cr.P.C.

By dismissal under section 204 (4) or by

discharge or acquittal of accused under sections

256, 257, 249 and 320, Cr.P.C. before they

appeared in Court.

Struck off as false.

By transfer, death or escape of accused.

Otherwise.

Brought for inquiry or trial.

Died, transferred or escaped.

Discharged or acquitted.

On regular trial.

Sentence possed.

Released on probation, under section 360,

Cr.P.C.*

Youthful offenders dealt with

under the Juvenile Justice

(Care and Protection of

Children) Act, 2015

Discharged after admonition.

Delivered to parent or guardian,

etc.,

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

Nomenclature of offence

Act and Section

NUMBER OF PERSONS

Number of witnesses

Remarks

Convicted

Examined

Required to attend on more than

three days

On summary trial

Adult

Juvenile

Committed or referred.

Sentence passed

Released on probation ,

under section 360,

Cr.P.C.*

Youthful offenders dealt

with under the Juvenile

Justice (Care and

Protection of Children)

Act, 2015

Male

Female

Male

Female

Discharged

after

admonition

Delivered

to parent or

guardian,

etc.

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

*Or under the Probation of Offenders Act, 1936 (Act III of 1937)

309

Administrative Form No.8

(See Rule 67)

Criminal Register No.8

Number of Head of Crime

Nomenclature of offence

Number of the case disposed

Number of persons convicted

Imprisonment for life

Number of persons sentenced to

Imprisonment

15 days and under

Over 15 days but not

exceeding one month

Over one month

but not

exceeding six

months

Over six months

but not

exceeding one

year

Over one year

but not

exceeding two

years

Over two years

but not

exceeding seven

years

Over seven years

Rigorous

Simple

Rigorous

Simple

Rigorous

Simple

Rigorous

Simple

Rigorous

Simple

Rigorous

Simple

Rigorous

Simple

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

310

Number of persons sentenced to – cont.

Number of persons subjected to order under Act XII of 1859, section 22 of Act I

of 1871, etc., or admonished under Act VII of 1897, or whose guardians were

bound over under Act IX admonished under Sect VII of 1897, or whose

guardians were bound over under Act IX of 1890, or the Juvenile Justice (Care

& Protection of Children) Act, 2015, or dealt with under the Probation of

Offenders Act (Act III of 1937)

Number of boys whose sentences were commuted to detention in a certified

school

Remarks

Fine

Rs.10 and

under

Above Rs.10

but not more

than Rs.50

Above Rs.50

but not more

than Rs.100

Above Rs.100

but not more

than Rs.500

Above Rs.500

but not more

than Rs.1,000

Above Rs.1000

Amount imposed

Amount realized

Amount paid as compensation (section 357, Criminal Procedure Code)

Alone

With other punishment

Alone

With other punishment

Alone

With other punishment

Alone

With other punishment

Alone

With other punishment

Alone

With other punishment

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

(28)

(29)

(30)

(31)

(32)

(33)

(34)

(35)

NOTE:- “Juvenile” or “others” to be noted in manuscript against the relevant entries

311

ADMINISTRATIVE FORM No.9

(See Rule 301)

Criminal Register No.9

Register of Enforcement of Sentence of Imprisonment Awarded in Criminal Cases

S. No.

Case No. &

Crime No. with

the name of the

Police Station if

instituted on

Police Report

Date of

disposal

of the

case and

the name

of the

Court

Name of

the

accused,

his rank

and

address

with

father's

name

Details of

sentence

awarded

with

particulars

of set off

and date of

expiry of the

sentence

awarded

Date of

arrest and

date of

committal

to prison

with the

name of

the prison

Date of

release

released

on bail

Date of

suspension

of sentence

granted, if

any, with

the name

of the

Court

Date of

expiry of

suspension

sentence

Appeal or

revision

No.

preferred

if any,

with name

of the

Court

concerned

Date of

disposal

and

result of

appeal

revision

Date of

appearance

apprehension

of accused

and date of

recommittal

to the prison

with the

name of the

prison

Date of

return of

warrant

from the

prison

after

execution

Date of

restoration

of executed

warrant

among the

records

with the

dated

initials of

the Record

Assistant

Remarks

if any

Initials of

the

Presiding

Officer

312

Administrative Form No.10

(See Rule 301)

Criminal Register No.10

REGISTER OF APPEAL CASES DISPOSED OF

Court:-

Year:-

Number of the appeal

disposed

Number of appellants

concerned

Number of appellants whose cases were disposed of

Actual number of days

during which the appeal

lasted

Remarks

By death, transfer or

escape

By rejection of

appeal

By confirmation of

sentence or order

By reduction of

sentence or

modification of order

By reversal of

sentence

By proceedings being

quashed

By new trial or

further inquiry being

ordered

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

NOTE:- Show in the column of remarks the number of persons dealt with under sub-section (3) of section 106 of the Code of Criminal

Procedure, 1973 (Central Act 2 of 1974) or under the Juvenile Justice (Care and Protection of Children) Act, 2015 (Central Act 2 of 2016).

313

Administrative Form No.11

(See Rule 301)

Criminal Register No.11

Court:-

Year:-

Number of the revision case

disposed of

Number of accused persons

concerned

Number of accused persons whose cases were disposed of

Actual number of days during

which the case lasted

Remarks

By death, transfer or

escape

By rejection of

application

By confirmation of

sentence or order

By reduction of sentence

or modification of order

By reversal of sentence

By proceedings being

quashed

By new trial or further

inquiry being ordered

By reference to the High

Court

Otherwise

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

314

Administrative Form No.12

(See Rule 63)

Criminal Register No.12

REGISTER OF COURT-FEES AND PROCESS-FEES RECEIVED

Court:-

Year:-

Date

Serial

Number in

the

Nature of the

document and

reference to

connected case.*

Court-fees in stamps

Non-judicial

stamps

Remarks

Process

Fees

Other fees

Advocates’

Welfare

Fund

Advocate

Clerks’

Welfare Fund

* Column (3) – If there are enclosures, the number and nature of those documents also to be specified in this column

Column (9) – Return of documents which is exceptional may be shown in the column of remarks

NOTE:- This register should be reserved for papers other than those received by post.

315

Administrative Form No.13

[See Rule 31(4)]

Criminal Register No.13

PROCESS REGISTER

(REGISTER OF PROCESS ISSUED TO THE POLICE STATIONS BY THE MAGISTRATES)

Name of Police Station

Serial

number

Number of the

case

Crime number

Nature of

process with

identifying

particulars

Date when

issue of process

was ordered

Date when sent

to Police

Station

Date when

received back

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

INSTRUCTIONS

A register in this form should be maintained in each of the Magistrate’s Courts in the districts and in the Metropolitan Magistrate Courts

Every Inspector of police in charge of the police station should as often as possible and at least once in two months, take the registers of the Police

Station under him to the concerned Magistrate’s Courts, check up the entries with those in the registers and if necessary, the records maintained by

the Courts and make a report to the District Superintendent of Police and Commissioner of Police, as the case may be, about the cases involving

serious delay or omission.

The above register should also be maintained in ledger form, one section being allotted to the Police Station.

The register prescribed above should be maintained with care and should be scrutinized periodically by the Head Ministerial Officer and the

Magistrate.

In column (4) of the register, the issue of processes to witnesses for the prosecution and for the defence should be shown separately. It is not

necessary to show the name of each of the witnesses but only their total number, e.g., 10 summons P.Ws., 8 summons D.Ws. Issue of bailable

warrants and non-bailable warrants being specifically recorded in red ink.

In column (7) of the register, the date of hearing should also be shown under the date of return, if the date of return of the processes to the issuing

court is later than the date of hearing.

In column (8) of the register should be entered the following, namely, (a) with reference to column (4) the number of processes served personally and

the number of processes returned unserved, and (b) particulars as to whether bailable warrants and non-bailable warrants were executed or not.

316

Administrative Form No.14

[See Rule 31(4)]

Criminal Register No.14

REGISTER OF NON-BAILABLE WARRANTS ISSUED TO POLICE STATIONS

Name of Police Station:………………………..

S.No.

The number printed on the form used

Case and particulars

Name and particulars of the person against

whom warrant of arrest issued (accused

/witness)

The officer/person to whom directed

Date of judicial order directing arrest to be

issued

Date of issue

Date of cancellation, if any

Due date of return

Report returned on

The action taken as reported

Remarks

318

Administrative Form No.16

(See Rule 301)

Criminal Register No.16

FAIR COPY REGISTER

Serial Number

Number of the

case

Date of

Judgment

Date on which

judgment was

given for fair

copy

Date on which

fair copy was

ready

Date on which

fair copy was

signed by the

Presiding

Officer

Date of dispatch

of Calendar

Statement

(1)

(2)

(3)

(4)

(5)

(6)

(7)

319

ADMINISTRATIVE FORM No. 17

(See Rule 218)

Criminal Register No.17

Serial number

Date of receipt

Name and addess of the applicant

Description of record copy of which is required

Number and value of court-fee stamps affixed to the applications

if any for search of the records

Orders of the head of the office as to whether copies may be

granted or not with date of order

Total number of words to be copied

Total number of stamp papers required at 175 words a paper or

the amount of fees payable in cash

Date on which information relating to-

(a) Number of stamp papers required; or

(b) the fee to be paid; or

(c) the search fee required, was given to the applicant

(a) Number of stamp papers or

(b) Amount of cash deposited with the initials of the Head

Ministerial Officer and date

Date on which originals were furnished, name and initials of

copyists to whom they were handed over

Date when copy was ready

Name of Examiner and the date on which the copy was examined

with his initials

When copy delivered or sent by post

Signature of applicant when delivered in person

Signature of the copyist and examiner in token of having received

the fee paid in cash

Number of stamped papers copied and compared and number

returned unused with initial of the Head Ministerial Officer and

the date in each case.

Remarks (Here enter the month in which each item is billed for,

with initials of the Head Ministerial Officer and date.)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

Note.- The entries in columns (7),(8), (10) and (17) should be made in figure as well as in words.

320

Administrative Form No.18

[See Rules 5(3) & 25(1)]

CRIMINAL REGISTER NO.18

REGISTER OF CHARGE-SHEETS AND REFERRED CHARGE-SHEETS

Name of Police Station:………………..

Serial Number

Date of receipt (of the First

Information Report)

Name of Police Station and

Crime Number (as shown in

First Information Report)

DATE ON WHICH

Date of receipt of referred

charge-sheet and number of

the referred charge-sheet

Section of law (referred

charge sheet)

Purport of Magistrate’s order

and date of the order.

Date of communication to the

District

Superintendent/Commissioner

of Police

Date of delivery of record to

the record-keeper with his

initials

Charge-Sheet was received

in the Court

*Charge-sheet was taken

on file by the Magistrate

and the number of the case

assigned

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

*The C.C., P.R.C. or other number given to the case should be entered in this column

Instructions:

A First Information Report which is received along with or subsequent to a charge-sheet need not be entered

in the register.

The register shall be maintained in the form of a ledger, a separate section thereof being allotted to each

police station.

321

Administrative Form No.19

(See Rule 58)

[Criminal Register No.19]

REGISTER SHOWING THE DISPOSAL OF PROPERTY PRODUCED IN INQUIRIES AND TRIALS

Court--

Year --

Number of case or date

and number of charge sheet

with name of station

Description of property

(2)

Initials of the Judge or Magistrate

Particulars of order for disposal

and section of law with date

If returned to party producing it,

or his agent, signature and date

Initials of the Judge or Magistrate

If sold by auction, the date of

auction and the amount realized

Date of remittance of sale-proceeds

to Treasury

Initials of the Judge or Magistrate

Remarks of Inspecting officers,

if any.

Serial No.

Valuable property

Other property

(1)

(a)

(b)

(c)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

Rs.

Instructions

This register shall be inspected at least once in three months by the presiding Judge or Magistrate who will check the valuables and

record the result of his inspection in the column for remarks.

A fresh register shall be opened every year and the outstanding items shall be brought forward from the register of the previous year.

When valuables are sent to the Chief Judicial Magistrate or other Magistrate for disposal, a triplicate form of receipt shall be used, one

part of which will be the office copy, the other two will be sent to the Magistrate of which one will be checked and signed by him and

pasted in this register on receipt in the Sessions Court.

Each Criminal Court will send a certificate of having checked the valuables with their register.

Deposits and such other items, being case properties should properly be accounted for being brought to this register. The challan and

the numbers and dates of the deposit may also be noted in the register so that deposit adjustments vouchers may readily be prepared

and sent to the connected Sub-Treasuries for adjustment, and the fact noted in the last column relating to the remarks.

322

Administrative Form No.20

(See Rule 301)

CRIMINAL REGISTER NO.20

REGISTER OF UNCLAIMED PROPERTY

(MAGISTRATES’ COURTS)

Serial

No.

Reference to the

current with

which property is

received

Description

of property

When, where,

and by whom

found

Intermediate

references with

dates *

How disposed of

and when; and

amount realized at

sale (if sold)

Date of

remittance of

amount to

Treasury.

Disposal

number with

which the file

closes

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

* Here enter particulars, such as -

(1) Date of submission of the notice to the District Press.

(2) Date of publication of the notice in the District Gazette.

(3) Date of reference to the Chief Judicial Magistrate and of orders thereon, etc.

323

Administrative Form No.21

(See Rule 301)

CRIMINAL REGISTER NO.21

REGISTER OF CALENDARS RECEIVED

(SESSIONS COURTS AND CHIEF JUDICIAL MAGISTRATES/CHIEF METROPOLITAN MAGISTRATE)

Court …........................................

Year......................................

Calendars received from the . . . . . . . . . . . . . . . . Magistrate of . . . . . . . . . . . . . . .*

Serial

number

of case

DATE OF

If records called for,

number on Revision file

Remarks

Receipts of Calendar

Perusal of Calendar

Here enter calendar cases, summary trials or appeals.

324

Administrative Form No.22

[See Rule 270(2)]

CRIMINAL REGISTER NO.22

(CHIEF JUDICIAL MAGISTRATES/CHIEF METROPOLITAN MAGISTRATE)

Calendars received from the . . . . . . . . . . . . . . . . .Magistrate of . . . . . . . . . . . . . . .*

Court...........................

Year …........

Serial

number of

case

DATE OF

Subsequent

proceedings, if any

Receipt of Calendar

Return to Magistrate

Receipt of reply

Submission to

District Judge

* Here enter calendar cases, miscellaneous cases or preliminary registers.

NOTE: This register should be maintained in the offices of the Chief Judicial Magistrates/Chief Metropolitan Magistrate for the

calendars received from the Judicial Magistrates/Metropolitan Magistrates under their respective charges.

325

Administrative Form No.23

[See Rule 270(2)]

CRIMINAL REGISTER NO.23

REGISTER SHOWING THE REMARKS ON CALENDARS AND JUDGMENTS AND REPLIES RECEIVED FROM

(NAME)

(MAGISTRATE)

DISTRICT

Name of Court and number of case

Remarks of the Magistrate or Chief Judicial Magistrate/Chief

Metropolitan Magistrate and his initials and replies of the Magistrates

with dates.

(1)

(2)

Instructions

The register should be written separately for each Magistrate by name in the Chief Judicial Magistrate’s /Chief Metropolitan

Magistrate’s office.

The register in the Chief Judicial Magistrate/Chief Metropolitan Magistrate’s office should be maintained for all the

Subordinate Magistrates.

The register maintained by the Chief Judicial Magistrate/Chief Metropolitan Magistrate should contain only the remarks made

by the Chief Judicial Magistrate/Chief Metropolitan Magistrate and such remarks of the Chief Judicial Magistrate/Chief

Metropolitan Magistrate as are referred to in the remarks of the Chief Judicial Magistrate/Chief Metropolitan Magistrate and

which will be necessary to make the remarks of the latter intelligible.

The register need not be kept as loose sheets. Separate registers should be opened for each Magistrate. As the Chief Judicial

Magistrate/Chief Metropolitan Magistrate has to leave a note, which may be partly based on this register, in the Magistrate’s

confidential sheet when he is transferred, it is not necessary to transfer the register when a subordinate Magistrate is

transferred.

326

Administrative Form No.24

(See Rules 129 & 201)

CRIMINAL REGISTER NO.24

REGISTER OF REFUND CERTIFICATES AND DEPOSIT VOUCHERS ISSUED

Court –

Year –

Month

& Date of

certificate

or voucher

Name of

Court which

imposed the

fine and

number of

case on its

file

Name of Court which

sanctioned the refund

or compensation and

date of judgment and

number of the case.

Name and

residence of the

individual to whom

the refund or

compensation order

was granted

Amount

ordered to be

paid

Date on which the

refund certificate or

deposit voucher was

delivered to the

party or his agent, if

before the Court or

of its dispatch to

him and the Lower

Court.

Signature of

the party or

agent in

token of

having

received the

certificate or

voucher.

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Rs.

327

Administrative Form No.25

[See Rules 55 and 204 (A)(1)(3) and (C) (2 and 5)]

CRIMINAL REGISTER NO.25

REGISTER OF FINES IMPOSED, LEVIED AND REFUNDED

CCourt …...................

Year …......................

Date of imposition of fine

Number of case.

Name of the

accused.

DEMAND i.e., BALANCE UNCOLLECTED (IN CASES OF PREVIOUS MONTHS OR FINES

IMPOSED IN CASES OF CURRENT MONTH)

COLLECTIONS

Amount of fines to be credited

to the Government.

Fines to be credited eventually to

Local Funds, Municipal Funds, etc.

Compensation awarded under

sections 250, 357 or 358, Code

of Criminal Procedure, and

compensation and all other

sums recoverable like fines

which cannot be entered in

column (4) or (5)

Initials of Judge or Magistrate

Amount collected

Date of Collection

Initials of Judge or Magistrate

Amount

Name of the fund, body

or association concerned

and the provision of law

under which the fine is

imposed.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

Rs.

328

AMOUNT CREDITED IN SUB-TREASURY

IRRECOVERABLE

AMOUNTS AND

REMISSIONS

Balance uncollected

REFUNDS

Remarks.

Credited to the Government

To be credited eventually to

Local Funds, Municipal Funds,

etc.

Compensation and other

amounts described in column

(7)

Date of credit in Sub – Treasury

Initials of Judge or Magistrate

Amount written off

Number and date of sanction to

write off.

Amount refunded

Number and date of refund

order

Amount credited

Name of the fund,

body or association

concerned and the

provision of law under

which the fine is

imposed

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

Rs.

Note. – (1) The word ‘fines’ includes any amount recoverable as a fine and forest and excise composition fees or expenses of prosecution.

(2) If a fine is collected while the person on whom it has been imposed is in prison, intimation of its collection must be sent at once to the Superintendent of

the Prison and the fact noted in column (23) – See rule 74 of the Criminal Rules of Practice.

(3) In the case of a remission entered in columns (18) and (19) a note ‘Remitted on appeal’s should be made against the entry in column (23).

(4) The attention of Judges and Magistrates initialing under columns (8), (11) and (17) is invited to the fact that such initials show that they have satisfied

themselves that the fines imposed are taken to demand, collected and credited to the treasury. No entry shall be expunged from the register without

attestation by the Judge or Magistrate.

329

Administrative Form No.26

(See Rule 273)

CRIMINAL REGISTER NO.26

REGISTER OF WITNESS’ BATTA COLLECTED FROM PARTIES

Date

Number of the case.

Name of the party

Opening balance

Amount of deposit

Total of column (4)

and (5)

Amount paid to

witnesses

Amount refunded to

parties

Signature or mark of

witness or party

Total of column (7)

and (8)

Closing balance i.e.

difference between

columns (6) and (10)

Initials of the head of

the office

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

RS.

Instructions.

This register should be maintained in the ledger form, with a daily abstract being recorded in the register itself. For this purpose, separate

page or pages according to the needs of the particular case should be allotted for each case and for entering the daily abstract, some pages

should be allotted at the end.

The amount of unspent witness batta and batta collected for witnesses whose evidence is dispensed with, should be entered in this

register. The register must be checked at regular intervals every month, once by the Head Ministerial Officer and another time by the

Presiding Magistrate/Judge during the scrutiny of registers.

330

Administrative Form No.27

[See Rule 276 (2)]

CRIMINAL REGISTER NO.27

REGISTER OF ORDERS OF JUDGE OR MAGISTRATE ON WITNESSES’ BATTA AND TRAVELLING ALLOWANCE

Number of case

Names of witnesses

Signature of the witness on the first day of his

appearance

Whether the witness was

present on

Judge’s order fixing the

Initials of the Judge

Remarks

Second day

Third day

Fourth day

Fifth day

Class of the witness

Number of days for which batta is payable

Distance for which mileage is available with the

name of the village and the nearest railway

station

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

Note. – The signature of an official witness should be taken in this register just as in the case of any other witness and the fact and the date of

issue of the court attendance certificate should be noted against the entry.

331

Administrative Form No.28

(See Rule 64)

CRIMINAL REGISTER NO.28

BATTA AND TRAVELLING ALLOWANCE TO WITNESSES IN CRIMINAL CASE No. .. of... ON THE FILE OF THE …….. COURT …..

Names of witnesses

What Class.

Travelling allowance

Batta

Number of class by rail or rate of mileage

by road

Number of miles by road

Amount of railway fare or mileage by

road

Amount of actual expenses of carriage by

road (Criminal Rules of Practice, rule

286)

Actual cost of carriage hire to and from

Court of first-class witness on days of

attendance.

Number of days

Rate per diem

Total batta and traveling allowance

Certificate of Head Ministerial Officer or

Magistrate and comparison with Register

No.27

Receipts of party to whom payable

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

332

ADMINISTRATIVE FORM No.29

(See Rule 301)

CRIMINAL REGISTER NO.29

CASH BOOK

(MAGISTRATES’ COURTS)

Cash account of the office of the …………..Magistrates of…………for the

month of ………….20…….

Dr.

Cr.

Date

Number of item or folio in ledger

Particulars

Receipts

Head of account or heading of

item

Date

Number of

Folio in ledger

Particulars

Disbursements

Head of account or heading of

item.

Cash

Bank or Treasury

Item

Voucher

Cash

Bank or Treasury

(1)

(2)

(3)

(4)

(5)

(6)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Rs. P.

Rs.P.

Rs. P. Rs. P.

Brought forward

Carried over

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------

INSTRUCTIONS

(A) All cash transactions should be shown in this register except salaries, travelling allowances, fines, moneys realized by forfeiting

security bonds of witnesses, accused and sureties.

(B) Sale proceeds being an occasional item of receipts though shown in property registers should also be shown in the cash book.

(C) The cash book should be balanced once a month on the dates on which the treasury or sub-treasury closes its accounts for the month.

333

Administrative Form No.30

[See Rules 32(2) & 68]

CRIMINAL REGISTER No.30

REGISTER OF LONG-PENDING CASES

Serial Number

Date and number of

order authorizing

transfer to this Register

Date of entry in the

Number and date of

cases

Description of accused

Description of offence

Date of offence

Date of issue of

proclamation under

section 82, Criminal

Procedure Code

Date fixed for

appearance

Date of attachment

Description of property

attached

Method and date of

disposal of property

attached

Date of recording

evidence under section

299, Criminal

Procedure Code

Date of appearance or

death of accused

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

334

Administrative Form No.31

[See Rule 264(13)]

CRIMINAL REGISTER No.31

RECORD DESTRUCTION REGISTER

Administrative Form No.31

[See Rule 264(13)]

CRIMINAL REGISTER No.31

RECORD DESTRUCTION REGISTER

Year

Number

Date of

disposal

Date of disposal of appeal /

revision petition if any

Date up to which to be retained

Date of destruction

Remarks

Part I

Part II

Part I

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Instructions

1.The entries in column (1) to (3) and (5) and (6) of this register should be made as soon as the cases are received in the record room.

2. The entry in column (4) should be posted when the appeal or revision petition, if any, is disposed of and the papers are received in the

record room.

3.Columns (7) and (8) should be filled in only after the records are actually destroyed.

335

Administrative Form No.32

(See Rule 301)

CRIMINAL REGISTER No.32

REGISTER OF SUMMARY TRIALS HELD BEFORE ….....................

(Section 263 Cr.P.C.)

Serial number

Date of the commission of the offence

Date of the report or complaint

Name of the complainant

Name, parentage and residence of the

accused persons

Offence

Value of property in respect of which

offence committed

The plea of the accused and his

examination, if any

Finding, and in the case of conviction,

brief statement of the reasons thereof

Sentence or other order

Date on which the proceedings

terminated

Complained of

Proved, if any

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

336

Administrative Form No.33

[See Rule 33(1)]

CRIMINAL REGISTER No.33

STATEMENT OF PRELIMINARY ENQUIRIES HELD BEFORE................................

Number of the case

Name of the accused

Substance of the

complaint

Name of the

complainant

Names of witnesses for

the prosecution

Names of witnesses for

the defence

Summary of the fact

proved or confessed

Result of the enquiry

DATE OF

Explanation of delay

Offence

Complaint

Apprehension or

appearance

Closing enquiry

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

337

ADMINISTRATIVE FORM No.34

(See Rule 301)

CRIMINAL REGISTER No.34

REGISTER OF FINES IN RESPECT OF WHICH PAYMENTS ARE PAYABLE TO …...................... (LOCAL BODY)

Date of payment

of fine into the

treasury

Number of case

Amount paid

Refund or

remission, if any

Expenditure to be

deducted if any

Net amount

payable

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Instructions

A page or a set of pages should be allotted for fines levied under each Act and relating to each local body.

To enable a monthly comparison and reconciliation with the figures as per Appendix C to Treasury Sub-Account No.11, the extracts

to be sent should cover the transaction for each treasury or sub-treasury month as the case may be and the total of the extracts should

work up to the figures of “Amounts credited” in item 3(b) of the Statement of Fines in Form No.36.

The total of the column “Net amount payable” for a year indicates the amount payable by the Chief Judicial Magistrates.

NOTE:-

(1) A departmental register in this form should be maintained in all the Criminal Courts, including Metropolitan Magistrate Courts, however,

except Sessions Courts. An extract from this register should be attached to the monthly statement in Criminal Register Form No.36

(2) Chief Judicial Magistrates/Chief Metropolitan Magistrate should also maintain a register in this form and post therein the figures taken from

the statements received from the subordinate courts and effect reconciliation of the figures monthly with the treasury figures so that there may be

no delay or difficulty in paying the grants to local bodies at the end of the year.

338

ADMINISTRATIVE FORM NO.35

[See Rule 204 (C)(3)]

Criminal Register No.35

Court:

Year:

REGISTER OF RECEIPTS OF DEPOSITS

Details of repayments

Date of

receipts

Nature of

deposit and

case

number

From whom

received

Amount

of deposit

Initial of

the

Presiding

Officer of

the Court

Daily total

carried to

cash book

Date

Amount of

repayment

Initial of

the party

Initial of the

Presiding

Officer of Court

Date when

lapsed and

credited to

Government

339

Administrative Form No.36

[See Rule 204(B)(1)(4) and (D)(1)]

FINE STATEMENT OF THE COURT OF …................ FOR THE MONTH OF ….......... 20 …...

(1)

Arrears

Current

Remarks

(2)

(3)

(4)

1. Demand

(a) Fines to be credited to Government.

(b) Fines to be credited eventually to Local or

Municipal Funds, etc.

2. Collections.

Rs.

3. Amount credited into the Treasury or Sub-Treasury –

(a) To the Government.

(b) To be credited eventually to Local or Municipal

Funds, etc.

4. Amount written off . . . . . . . . . . . . . .

5. Remitted on appeal . . . . . . . . . . . . . .

6. Balance . . . . . . . . . . . . . . . .

Certified that the above is a correct statement of fines and compensation amounts imposed, levied, written off and remitted on appeal in

my Court during the month of …........ 20.... .

Judge/Magistrate

Certified that the amounts shown against item 3 were remitted into the Treasury/Sub-Treasury in the month of ….....20... were so remitted.

Sub-Treasury Officer/Treasury Officer

Instructions

1. If the amounts shown against columns (2) and (3) do not agree, the reason should explained in the columns for remarks.

2. The order sanctioning the writing off of any amount should be quoted in the columns for remarks.

340

Administrative Form No.37

(See Rule 301)

WORKING SHEETS FOR FINE RECOVERY

(To be maintained by all Criminal Courts, except Sessions Courts)

Serial number

Date of imposition of fines

Case number

Arrear demand

Amount collected and remitted to Treasury with date

Amount written off

Amount remitted in appeal

Remarks

January

February

March

April

May

June

July

August

September

October

November

December

Collection

Remittance

Collection

Remittance

Collection

Remittance

Collection

Remittance

Collection

Remittance

Collection

Remittance

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

Instructions

1. To be maintained in separate sections under the three heads specified in item I of Administrative Form No.36.

2. The sheets will be written up afresh in January and July each year.

3. Entries regarding collection and remittance should be initialed by the Magistrate beneath each entry.

4. Dates to be entered beneath the relative amounts as denominators.

342

ADMINISTRATIVE FORM No.39

[See Rule 129]

STATEMENT OF FINES TO THE TREASURY OFFICER

District of

Refund of Revenue.

Refunds and Drawbacks.

Voucher No.

List of payments

For 20 .

Head of service chargeable

In whose name credited

On what account received

Amount realised

Day of payment into treasury

Amount in which included and

head to which credited

Treasury Officer’s signature in

token of verification of treasury

credit.

Name of payee

Amount to be refunded

Reasons and authority for refund

Certificate of departmental note of

refund

Signature of party

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

Rs. P.

Reasons

Authority

Sanctioned

Controlling

Officer’s

order

No. ...

dated....

This order of refund has been registered

and noted against the original receipt entry

in the departmental account under my

initials and previous order for refund of the

same sum has not been issued.

Signature ____________

Designation ___________

Date.

Passed for payment

The …... day of …......... 20 .. .

Magistrate or other Officer

Pay Rupees..............................( ) only

Examined.

Accountant

Officer-in-charge of Treasury

343

Administrative Form No.40

(See Rule 301)

STATEMENT SHOWING THE NUMBER OF CASES PENDING AT THE END OF THE MONTH OF ….... 20...,

IN THE COURT OF THE …................... MAGISTRATE OF ...................

Name of

the court

Number of

cases pending

at the

beginning of

the month.

Number

of cases

received

during

the

month

Total number

of cases for

disposal

Number of

cases

disposed of

during the

month

Number of cases pending for

Total

number of

cases

pending at

the end of

the month

Less than

two

months

Over two

months

Over six

months

Over one

year

(1)

(2)

(3)

(4)

(5)

(6)

(7)

344

ADMINISTRATIVE FORM No.41

(Rule 301)

(To be submitted by the Committing Magistrate to the Chief Judicial Magistrate)

SESSIONS STATEMENT SHOWING THE DETAILS OF CASES COMMITTED TO THE COURT OF SESSION AT …......

FOR THE MONTH OF …... 20.....

Name of the

Committing

Court

Number of

case on the

committing

court’s file

Number,

name, sex

and age of

accused

Nature of

offence

and

section of

the I.P.C.

or other

laws

Date of

In prison

or on bail

otherwise

Number of

witnesses

bound over to

the Court of

Session

Remarks

Offence

Report or

complaint

Apprehension

or appearance

Commitment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

Instructions

(1) To be submitted by the Committing Magistrate to the Chief Judicial Magistrate direct on the date on which the case is committed.

(2) Duplicate to be annexed to the copy of the Preliminary Register.

(3) In case of murder, the Committing Magistrate should state in the remarks column that he reported to the Sessions Court as to whether the accused is

able to employ an advocate.

(4) The Preliminary Register number should be given in column (2).

(5) Please write at the back, if there is not enough space on this page.

345

Administrative Form. No. 42

(See Rule 301)

To be submitted in duplicate by the Chief Judicial Magistrate/Chief Metropolitan Magistrate to the Court of Session

not later than the 8th of the month to which the statement relates except for the months of April, May and June for which a

consolidated statement will be compiled at the beginning of July.

To be forwarded by the Court of Session to the Chief Judicial Magistrate/Chief Metropolitan Magistrate immediately

after each Session, and in no case later than the 8th of the succeeding month.

No.

Judicial Criminal

From

Dated

The Sessions Judge of ………………………………

Despatched

…………… 20...

Received

SESSION STATEMENT SHOWING THE DETAILS OF CASES COMMITTED TO AND TRIED BY THE COURT OF

SESSION AT …........... FOR THE MONTH OF ….....20.....

Name of the

Committing Court

Number of the cases

on the committing

Court’s file

Number, name, sex

and age of accused.

Nature of offence

charged and the

section of the Indian

Penal Code or other

Law

Date of

In prison or on bail or

otherwise

Number of witness

bound over to the

Court of Session

Remarks

Offence

Report or

complaint

Apprehension or

appearance

Commitment

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

346

SESSIONS STATEMENT SHOWING THE DETAILS OF CASES COMMITTED TO AND TRIED BY THE COURT

OF SESSION AT ………… FOR THE MONTH OF ………….20..... contd.

Number of

the case on

the Calendar

of the Court

of Session

Date of

commencing

trial

Date of close

of trial

Offence

established

Date and

nature of

sentence or

order as

regards each

prisoner

Number of

witnesses

examined

Remarks

(12)

(13)

(14)

(15)

(16)

(17)

(18)

ABSTRACT

Duration of Sessions days ……

Cases Persons

Pending from last Session……….

New …………………………..

Total …………….

Disposed of …………………………

Referred …………………………….

Postponed……………………………

Pending from this Session …………..

(i) The Chief Judicial Magistrate/Chief Metropolitan Magistrate should compile a statement for each month by filling in columns (1) to

(11) and submit it to the Court of Session not later than the 8th of the month to which the statement relates except for the month of April, May

and June, for which a consolidated statement will be compiled at the beginning of July.

(ii) The Chief Judicial Magistrate/Chief Metropolitan Magistrate should include in the statement all cases which await trial (whether

committed in the month of previously) arranged in the order in which they were committed.

(iii) On the termination of each Session and in no case later than the 8th of the succeeding month, the Sessions Judge should have

columns (12) to (18) filled in and should return the copy to the Chief Judicial Magistrate/Chief Metropolitan Magistrate.

(iv) The number of cases dealt with in the body of the statement should correspond with the total given in the abstract.

(v) Under the heading “postponed”, cases which are simply adjourned should not be included. Only cases such as the following should be

included, viz (a) Cases in which the accused is directed to be kept under observation of a Medical Officer for suspected lunacy. (b) Cases

adjourned, pending disposal of appeal or revision in respect of another trial in respect of the same accused person.

(vi) In all cases shown as pending, the actual dates of hearing fixed for them should be given in the column for remarks.

347

Administrative Form No. 43

(See Rule 301)

(To be submitted by the Court of Session to the High Court immediately after each Session and in no case, later than the 8th of the succeeding month, except

for the months of April, May and June for which a consolidated statement should be sent at the beginning of July.)

No. of

Sessions

Case

Number

accused

involved

Section

offence

charged

DATE OF

Number

witnesses

examined

Date of

Disposal

with

particulars of

the offence

established

and the

sentence or

order passed

thereunder

Remarks

Apprehension

or appearance

Committal

Commencement of

trial

ABSTRACT:

Duration of Session …days

Cases Persons

Pending from

Last Session

New ..

––

Total..

––

Disposed of

Referred..

Postponed..

––

Pending from

this Session

348

Administrative Form No. 44

[See Rule 204 (A)(6)]

Details of fines, forest and excise composition fees, etc., remitted

to the Sub Treasury at …...........

To the officer in charge of Sub Treasury

at …..............

….............. Sub-Treasury

Number of case

Name of the accused

To be credited to the Government

To be credited

eventually to Local

Funds, Municipal

Funds, etc.

Compensation amount etc. (cols.7 and

15 of the Register of Fines)

Forest and Excise composition fees

(Red ink item in Col.9 of the

Please receive the amounts shown

below, credit them to the appropriate

heads of the account and give a receipt

for them on the accompanying form.

RECEIPT

Received this day from _______ Court

the sum of Rs.___ on account of the

Government as shown below :-

1.Fines to be credited to the

Government.

2. * Fines to be credited to..

3. * Fines to be credited to..

4. * Fines to be credited to..

5. * Fines to be credited to..

6. Compensation amounts,

etc. (Cols.7 and 15 of the

7. Forest and Excise composition

fees, etc (Red ink item in column

9 of Register of Fines)

Amount

Rs. P.

1.Fines to be credited to the

Government.

2. * Fines to be credited to..

3. * Fines to be credited to..

4. * Fines to be credited to..

5. * Fines to be credited to..

6. Compensation amounts,

etc. (Cols.7 and 15 of the

Forest

and

Excise

composition fees, etc (Red

ink item in column 9 of

Amount

Rs. P.

Rs.

Rs P.

Number

of case.

Number

accused

Amount

Rs. P.

Total

Court Magistrate/Judge

Dated

* Here enter the name of the fund, body or

association concerned and the provision of law

under which the fine is imposed –See columns

(6) and (14) of the Register of fines.

Total

Dated

Magistrate/Judge

Court

* Here enter the name of the fund, body or association concerned and the

provision of law under which the fine is imposed---columns (6) and (14) of the

Dated Acct., Sub. Try. Officer

* Here enter the name of the fund, body

association

concerned

and

the

provision of law under which the fine is

imposed columns – See columns (6) and

(14) of the Register of fines.

350

Administrative Form No.46

[See Rule 264(1),(2),(5),(6) and (8)]

FORM OF INDEX

Case (Application or Appeal or Calendar) No….. of 20….. on the file of the

Court of the …………………….in the district of…………….

Serial

number of

the paper

Description

of the paper

and the date

Date when

the paper

was filed or

put up in

the case

Number of

the part of

the record

to which

the paper

appertains

Alphabetical

or numerical

mark of the

exhibits

filed

Remarks

351

TABLE SHOWING THE DIVISIONS OF THE RECORD AND THE

DESCRIPTION OF THE PAPERS FOLLOWING UNDER EACH DIVISION

CRIMINAL

Part I

Class of cases

Divisions of the record and

description of the papers falling

under each division

Trials (other than summary)

(1)Index

(2)Judgment and sentence, if

any

(Original

and

Appellate) including

spare copies of printed

Sessions Judgments.

(3)Petition

appeal,

application for revision, or

letter of referring court,

judgment

and

order

thereon.

(4)Charges

(5)Documentary evidence

Summary trial

All papers including register

Miscellaneous cases

(1)Index

(2)Order and grounds, if any

(Original and Appellate) .

(3)Petition

appeal,

application for revision,

or letter of referring

court, Judgment and

order thereon.

(4)Documentary evidence

352

Part II

Class of cases

Divisions of the record and

description of the papers falling

under each division

Trials (other than summary)

(1)Warrant of commitment to

prison, if any.

(2)Complaints to Magistrates,

when acted upon by the

Magistrate.

(3)Reports by the Police under

sections 174 and 175 of the

Criminal Procedure Code

when followed by action on

the part of the courts.

(4)Oral evidence

(5)All papers not already

specified.

Miscellaneous cases

(1)Oral evidence.

(2)All

papers

not

already

specified.

353

TABLE SHOWING THE PERIODS PRESCRIBED FOR THE RETENTION OF VARIOUS

PARTS OF THE RECORDS IN THE VARIOUS CASES OF PROCEEDINGS

Name of Proceedings

Number of years for

which records are to

be retained

Part I

Part II

(1)

In trials and appeals

(a) Sessions cases

*20

(b) Warrant cases

(d) Summary trials

(A)Forms kept under section 263 of the Code of

Criminal Procedure, 1973 (Central Act 2 of

1974) and Judgment recorded under section

264 of the said Code in cases where either (i)

some of the accused or parties proceeded

against have not been apprehended or (ii) the

accused or any of them have been convicted

of an offence of repetition of which renders

the offender liable to enhanced punishment.

(B)All other records

…

(2)

In Miscellaneous proceedings

(a) Maintenance

(b) Security to keep the peace or for good behavior

(3)

Records in cases referred by the Police or in which

further investigation is stopped

…

(4)

Records in cases entered in the Register of long

pending cases

From the date on which the case was

entered in the register of long-pending cases.

__________________________________________________________________

*In cases in which the sentence passed is one of imprisonment for life, the

judgment must be preserved until the report is received of the convict’s death or

release.

354

TABLE SHOWING THE PERIODS PRESCRIBED FOR THE RETENTION OF THE

VARIOUS COURT REGISTERS, BOOKS AND PAPERS

Number and description of Court Registers,

books and papers

Number of years for which the

registers, etc., to be retained

(1)

trials) in the use of Criminal Courts

(1)

(a) Register of long Pending Cases

(2)

Record

Destruction

Criminal Cases

(3)

(4)

Copyists’ registers and process service

registers

(5)

Challan cheque books

(6)

(a) Magisterial

and

Judicial

Registers

correspondence

received and dispatched and

administrative

registers

dispatch

(b)Magisterial

and

Judicial

Registers

correspondence

received and despatched and

administrative

registers

dispatch

the

Revenue

Divisional Offices

(7)

Other Court or Office books and

registers

(8)

Correspondence with the High Court

on important matters and the orders of

the High Court thereon, including

administration reports received from

the High Court and Government

20 years from termination

(8)

(a) Criminal Administration Report –

Salient features

(9)

Other correspondence

3 years from termination

(10) Yearly and half-yearly statements

(11) Monthly and Quarterly statements

(a) Criminal Statistical returns

356

Administrative Form No.47

(See Rule 301)

CALENDAR CASE NO.......... OF 20.....

ON THE FILE OF THE ….................MAGISTRATE OF.................

Date of occurrence

Date of report or

complaint

Date of issue of

process

Date of appearance

of accused

Date of

commencement of

trial

Date of order

Explanation for delay

(1)

(2)

(3)

(4)

(5)

(6)

(7)

358

Administrative Form No.49

[See Rule 204 (A) (3) & (4)]

FOIL

(FORM OF RECEIPT TO BE GRANTED BY THE COURT)

IN THE COURT OF THE ……………………………….

Received this __ day of ___20__ from ___________________

S/o________________, the sum of Rs.______ being the whole/part of the

fine/compensation directed to be paid by _________ the accused / complainant in

C.C.No.___________on the file of this Court.

Rs.________________

Magistrate/Judge

COUNTERFOIL

(FORM OF RECEIPT TO BE GRANTED BY THE COURT)

IN THECOURT OF THE …………………………………….

Received

this

_____

day

_______20___from

____________________________, S/o_________________________ the sum of

Rs._____being the whole/part of the fine/compensation directed to be paid by

_______________________________ the accused/complainant in C.C.No.____ of

___ on the file of this Court.

Rs.________________

Magistrate/Judge

360

Administrative Form No. 51

(See Rule 301)

FORM OF RECEIPT TO BE USED WHEN VALUABLES ARE SENT FOR DISPOSAL

SESSIONS COURT

…................

Dated …......... 20…. .

From

Sessions Judge, …..................

The ….............Magistrate, ….................................

Sir,

I am to forward herewith for ..........the

under mentioned properties in Sessions Case

No… of 20…. (P.R.C.No. ….of 20…on the

file

the

Judicial

Magistrate,..........................) and to request

that the accompanying acknowledgment may

be returned to me after your verification and

signature.

Sessions Judge

SESSIONS COURT

…....................

Dated …............... 20…..

From

Sessions Judge, …............

The …........... Magistrate,..........................................

Sir,

I am to forward herewith for .............

the under mentioned properties in Sessions

Case No… of 20…. (P.R.C.No. ….of 20…on

the

file

the

Judicial

Magistrate,..........................) and to request

that the accompanying acknowledgment may

be returned to me after your verification and

signature.

Sessions Judge

ACKNOWLEDGEMENT

(To be returned after verification and

signature)

……. Magistrate’s Office, …………

Dated......................20… .

From

The …...........Magistrate, …............

The Sessions Judge, ….................

Sir,

I am to acknowledge the receipt of the

properties noted below that accompanied your

letter No……., dated ……. 20…. (Sessions

Case No…..of 20….in P.R.C.No…..of 20…

on the file of the Judicial Magistrate

………………..).

Magistrate

361

Administrative Form No.52

[See Rule 268(3)]

NOTES OF INSPECTION OF THE COURTS OF

JUDICIAL MAGISTRATES/METROPOLITAN MAGISTRATES, …………..

INSTRUCTIONS

I. Pendency of cases

The main duty of the Court is to dispose of cases expeditiously, consistent with the rules

of procedure and in the interests of the parties. The points to be noted are: (1) the maximum

duration of a criminal case should not exceed two months, (2) priority has to be given to the trial

of cases where persons are in custody, (3) where from the beginning it is found that the accused

are not easily available, prompt and effective steps should be taken to issue processes under

sections 82 and 83, Criminal Procedure Code, to see that the cases are transferred to the long

pending case register and (4) where an accused is present, but witnesses are not secured within a

reasonable time, the proceedings are brought to a termination by applying judiciously section

258, Cr.P.C., in Summons Cases. The state of pendency should be checked with reference to the

above along with other points that may suggest themselves to the Inspecting Officer.

II. Expeditious trial of cases

The attention of the Inspecting Officer is drawn to rules 3,5,7, and 10 of the Manual of

Instructions for the Guidance of Magistrates, in this regard. This inspection should be designed

to find out if the trial of cases has proceeded in the light of those instructions, in addition to the

provisions of the Criminal Procedure Code and the Criminal Rules of Practice. For answering the

above questions, at least six cases of long duration under different categories, viz., warrant,

summons, security, P.R.Cases should be selected and examined.

III. Disposal of property

As one goes down lower and lower in the hierarchy of Criminal Courts, the accumulation

of case property, valuable and non-valuable, increases progressively the burden being the

heaviest on the Court lowest down, viz., the Subordinate Magistrates. The crucial points to be

borne in mind under this heading are:- (a) the footnote under register in Criminal Register No.19

is often held to imply that the Magistrate need personally check only the valuables once in three

months and send a report of such verification once in three months. This view is not quite

correct. The Magistrates have also to check non-valuables periodically or at least have a

verification made by the Head Ministerial Officer once a quarter; (b) the accumulation of non-

valuable properties in the property room should be avoided by a judicious use of (i) sub-section

(2) of section 452, Criminal Procedure Code, which permits properties to be returned on bond at

362

any stage, (ii) section 451, Criminal Procedure Code which permits properties subject to speedy

and natural decay to be disposed at once; and (iii) sub-section (2) of section 457 which requires

the issue of a proclamation only in cases where the owner is not known, but not where there is an

order directing the property to be returned to a specific person.

IV. Witness batta and process fee

The duty of the Court is to collect batta in private complaints where such batta has to be

collected under the rules, keep proper accounts for its disbursal and refund. In cases prosecuted

by the State, batta is to be paid from contingencies, but the batta payable has to be calculated

correctly under the rules under the orders of the Magistrate, and correctly disbursed. This task is

left to a ministerial subordinate, but it is essential that the Magistrate keeps a careful day-to-day

check over this item of work.

V. Collection and remittance of fines

Prompt collection of fines is as important a part of the Magistrate’s work as the trial of

cases. The Magistrate should also see that fines which have become unrealizable are written off

at the earliest moment when it is permissible to do so. For this, proper and systematic attention

should be bestowed on, (a) the execution of distress warrants and (b) the completion of default

sentences. The fine statements which enable the superior Courts to watch this aspect of the work,

should be correctly prepared and sent promptly on the due dates. The proper maintenance of the

“working sheet for fine recovery” in Form 37 is an essential part of this work. It should also be

borne in mind that very often the bulk of the arrears shown as pending, relates to taxation cases,

and it is also in this type of cases that the fines are most easily capable of realization, provided

prompt coercive processes are taken.

VI. Maintenance of Court Registers

It is essential that every court register is checked at least once a month by the Head

Ministerial Officer and by the Magistrate-in-charge. A programme of inspection for the registers

should be drawn up before up before the 5^thof every month and the results of the inspection

entered in a running note file, and steps taken to see that the defects found out are promptly

rectified.

INSPECTION OF THE COURT OF THE ….........of ….......

This Court was inspected by.......................................... on ….............................

Names of Magistrates who presided over the Court during the period covered by the

inspection and the period during which each of them held the Office.

363

Pendency of cases

1(a)

What was the institution in the court during the year under review of cases under

(I) Indian Penal Code; (2) special and local laws; (When an accused is prosecuted both under the

Indian Penal Code and under a section of the special and local law, classify it under Indian Penal

Code cases); (3) security and maintenance cases; (4) Committal cases?

(b) Has the distribution of work between the various magistrates been judicious bearing

in mind both the quality and quantity of judicial work?

2. What is the present condition of the Court’s file? Does the last statement of pendency

of cases sent up for the Court tally with the registers?

Give the following:-

(a) Number of cases pending for over 2 months:

(i)

on the date of inspection:

(ii)

at the end of the previous quarter:

(b) Number of cases pending for over six months:

(i)

on the date of inspection:

(ii)

at the end of the previous quarter:

(i)

on the date of inspection:

(ii)

at the end of the previous quarter:

[NOTE: – Under (a), (b) and (c), give figures separately for cases in which the accused

have appeared and those in which the accused have not appeared.]

Examine the reasons for the pendency for over two months, and state whether the cases

have been pending unnecessarily.

(NOTE: – While the details should be communicated to the Magistrate, they can be

omitted from the copy of the report submitted to the High Court.)

3. In cases where the accused is reported to be absconding, have steps been taken for the

issue of non-bailable warrants, calling for property reports, issue of property reports, issue of

proclamation, and transfer of cases to the long pending cases register after complying with the

formalities prescribed in rule 32 of the Criminal Rules of Practice?

364

Register of long pending cases

4. Have steps been taken to remind the prosecution to expedite the securing of the

accused in cases which have remained in the long pending case register for a very long time, or

withdraw such cases if necessary?

Expeditious trial of cases

5. (a) Has the diary register been maintained in accordance with Rule 65 of the Criminal

Rules of Practice? (Check entries with reference to at least 6 cases of long duration).

(b) Have the figures of attendance of witnesses on each date of hearing been correctly

entered in the diary with reference to the High Court’s Circular P.Dis.407/53, dated 3^rdJuly

1953?

6. Does the Magistrate normally commence his work at 10.30 a.m. and sit in Court till

5.30 p.m. on all working days? (See rule 1 of the Manual of Instructions at page 1. Whether the

entries in the dairies are genuine should be verified with reference to some dates selected at

random.)

7. (a) Are the First Information Reports entered in the register promptly on receipt?

(b) Have there been any cases of delay on the part of the police in filing charge-sheets?

(c) Has there been any delay in taking charge-sheets on the Magistrate’s file?

(Excluding holidays, any delay beyond three days should be explained.)

(d) Have referred charge-sheets been pending unnecessarily?

(e) Have copies of final orders in referred charge-sheets been sent to the District

Superintendent of Police/Commissioner of Police without delay?

8. Have orders on applications for bail been passed without delay?

9. Has the correct procedure been followed upon the receipt of private complaints, in

regard to –

(a) the careful examination of the complainant on oath; and without delay after the

presentation of the complaint;

(b) the forwarding of complaints to the police for enquiry under section 202, Criminal

Procedure Code, for adequate reasons recorded;

(c) the intelligent and proper use of Section 203, Criminal Procedure Code.

(Note: - About 10 per cent of the private complaints should be examined in the light of

instruction 3 in the Manual of Instructions.)

10. Have requisitions under section 164, Criminal Procedure Code, been promptly complied

with by the Magistrate?

11. (a) Has care been taken to avoid posting of more contested cases than can be

conveniently heard on one day?

365

(b) Have preliminary register cases been given preference to other work and heard and

disposed of expeditiously? Have the preliminary enquiries been concluded within eight weeks?

(c) Have unnecessary adjournments been avoided?

(Note: - Adjournments for examination of the accused, “for consideration” before framing

charges, or for arguments should be scrutinized in at least 6 selected cases.)

12. Were witnesses detained beyond three days, consecutively or otherwise? (Examine the

reasons for such detention in ten cases of long duration.)

13. Have the processes been issued promptly, and has the selection of the appropriate

process (summons, bailable warrant and on-bailable warrant) and the time granted for the service

been judicious and proper?

14. Has the process register been maintained properly? (See G.O.No.3495, Home, dated 1^st

October 1952)

Has the inspection of the process registers by the Inspector of Police and other

departmental Officers been regular, systematic and effective?

15. Have steps been taken to forfeit bonds for appearance of witnesses or the accused in

cases of default? (Examine at least six cases of long duration.)

16. Have powers under section 258, Criminal Procedure Code, been judiciously

exercised?

17. Whether the examination of the accused by the Magistrate under section 313,

Criminal Procedure Code, has been carried out in an intelligent manner; were questions framed

to draw the attention of the accused to the important facts tending to incriminate the accused?

(To be answered with reference to about six cases selected at random.)

18.

(a) Has the Magistrate set apart particular days for the hearing of cases under the

Forest Act, Motor Vehicles Act and the Local Bodies enactments?

(b) Is any modification of the dates necessary? (Vide rule 5 of the Manual of

Instructions.)

(a) Are judgments or orders promptly delivered, normally within three days after

the conclusion of the enquiry or trial?

(b) Has there been any delay in the submission of calendars to superior Magistrates?

been promptly dispatched to the departmental authorities at the conclusion of the trial?

20(a) Are cases of short-term imprisonment numerous?

366

(b) Has the imposition of fines been judicious?

adequate?

Examine the cases dealt with under the Probation of Offenders Act, section 360,

Criminal Procedure Code, Borstal Schools Act, and the Juvenile Justice (Care and Protection of

Children) Act, 2015. In your opinion, has the Magistrate applied those provisions effectively,

and in proper cases?

Is the number of cases compounded under section 320 , Criminal Procedure Code,

unduly large?

Does the Magistrate discourage ill-founded complaints by a judicious use of

section 250, Criminal Procedure Code?

Has the average duration of cases disposed of in the previous quarter been unduly

long? (The duration of cases should be taken up under three groups, cases under Indian Penal

Code, Preliminary Register Cases and cases under other laws.)

Have the orders of the High Court modifying or setting aside the judgment been

noted at the foot of the judgment in the records as required in section 388, Criminal Procedure

Code? Furnish figures under the following heads:

(i)

Number of cases taken to High Court in appeal or revision during the year.

(ii)

Number of cases where orders are confirmed.

(iii)

Number of cases where orders are set aside or modified.

Disposal of property

26(a)

Are the properties produced in Court, promptly entered in Criminal Register

No.19 and Judicial Form No.70 under the initials of the Magistrate as per Rule 58 of the

Criminal Rules of Practice? (Check at least six cases with reference to the entries in the Police

Form

(b) Have the cashier’s initials been obtained in column 5 of Judicial Form No.70 (in the

case of Metropolitan Magistrate Court) ?

Have orders for disposal of property been promptly passed along with the

disposal of the cases, entered in Criminal Register No.19 (in the case of Judicial Magistrate

Court) and in Judicial Form No.70 (in the case of Metropolitan Magistrate Court) and carried out

without delay?

367

(NOTE –– Tabulate the figures for each year under the heads:

Pending at the commencement; Received during the period; disposed of; pending at

the end of the period.)

Are the valuables in custody found correct with reference to the entries in the

property register? Are the valuable properties checked by different Magistrates as per Rule 59 of

the Criminal Rules of Practice?

(NOTE –– The valuables should be sent for and checked at the time of inspection.)

Is there a separate room for non-valuable properties, and is it securely fastened

with the key in the custody of the officer? Is the room clean and well kept? (A few items should

be checked.)

Is the key of the box of valuables kept by the Magistrate in his personal custody

and was it produced at the time of inspection?

Are the confiscated properties handed over to the Collector for disposal as per

Rule 261 Criminal Rules of Practice?

Is the confiscated cash promptly remitted into the Treasury?

Are the challan numbers being noted in the property register?

Are the chalans available in the records?

Has Register No. 20 (of unclaimed property) been properly maintained?

Witness batta and process fees

Are process fees collected correctly as per Rule 63 of the Criminal Rules of

Practice? (Check the entries in Criminal Register No. 12 with the records in at least six cases.)

(a) Has the register of witness batta collected from parties in Criminal Register

No.26 been correctly maintained, and does the cash balance on hand agree with the balance in

the register? (Verify if the instructions in High Court’s Circular P.Dis. 559/54, dated 27^thJuly

1954 have been followed.)

(b) Has batta been collected and disbursed properly and without delay under

acknowledgement?

Circular P.Dis.No. 1322/53, dated 9^thOctober 1953?

368

(a) Is witness batta payable by the Government calculated correctly under the

rules in the Criminal Rules of Practice, with proper data for classification and distance traveled

and with the period for detention correctly computed with reference to Criminal Register No.28?

(To be answered by examining six case records where there are numerous witnesses.)

(b) Are Criminal Register Nos.27 and 28 properly maintained?

Court?

Collection of fines

36 Is the register of fines in Form No.25 correctly maintained?

(a) Is the levy of fines including taxes collectable as fines brought promptly to account

and initialed by the presiding Magistrate? (Verify a few cases with reference to case records,

(b) Is the collection of fines promptly entered in the register?

on the next working day?

(d) Are the fines collected correctly classified in this register?

(e) Is the cancellation or reduction of fines in appeal or revision promptly and correctly

entered in the register?

(f) Is the register of refund certificates and refund vouchers properly maintained and are

refunds promptly made?

(g) Is the monthly statement of fines correctly prepared and submitted on the due date?

(h) Is the “working sheet for fine recovery” in Form 37 maintained?

(i) Has prompt action been taken (a) to collect unpaid fines and (b) to write off fines

which have become unrealisable?

(j) When the accused has been given time to pay the fine, have bonds been taken for his

appearance as provided in Section 424, Criminal Procedure Code?

(k) Are the dates of adjournment for payment of fines entered in the hearing book?

(l) Have amounts earmarked for credit to the Local Boards been promptly credited?

369

(m)Is there any case of the accused not being available to undergo default sentence, or of

undue delay in directing the accused to undergo default sentence?

(n) In commercial tax cases and local and municipal tax cases, has undue latitude been

shown in granting adjournments of the cases, and (ii) in giving time to the accused to

pay the amounts levied? (Examine the proportion of amounts pending collection

under this head out of the total amount of fines and taxes remaining unrealised.)

In respect of Metropolitan Magistrate Courts, has the fine register been

maintained properly and checked by the Magistrate daily and his initials affixed? Has the register

been checked by the Accounts section daily? Check entries on one day for each month.

Records and Record Room

(a) Have the records of cases been arranged and indexed in accordance with rule

264 of the Criminal Rules of Practice?

(b) Are the records sent to the record room promptly under the initials of the record

keeper in Criminal Register Nos. 1 to 5?

(d) Is the return of the records properly recorded?

39 Are stamps received in court properly punched and duly entered in Stamp Register

No.12?

40 Is the record room clean and neatly kept?

41 Have the rules for the destruction of record in Criminal Rules of Practice 264 been

followed and is the destruction work up-to-date?

Maintenance of the prescribed Criminal Registers

42 Have the administrative registers prescribed in the Criminal Rules of Practice been

correctly maintained?

(NOTE –– Exclude registers covered by the previous questions.)

43 Have repayment orders been issued regularly to the Commissioner of Police/District

Superintendent of Police and Head of the Local Body for payment of reward amounts, taxes and

license fees respectively?

370

Have the registers been periodically and effectively checked by the presiding

officer and the Head Ministerial Officer?

(NOTE –– (1) The presiding officer should draw up a programme for checking

these registers by himself and by his Head Ministerial Officer and their remarks

should be recorded in a running note file with report of the rectification of the

defects. Attention is drawn to the instruction no.34 at page 66 of the Manual of

Instructions to call for explanations for failure to inspect the registers.

(2) Criminal Register No.6 [Administrative Form No.6] should be checked with

reference to the collection of the amounts and the remittance to the Railway in

respect of applications under Section 138 of the Railways Act, 1989.

Office Administration

Have the following registers been properly maintained?

(a) Permanent Advance Amount and Register of contingencies

(b) Service Postage Stamp Account and Despatch Register

(d) Service Registers

(e) Register of Copy Applications.

(f) Pay Acquittance Register.

(g) Attendance and Casual Leave Registers.

(h) Furniture Register.

(i) Stationery Register and Register of Forms.

(j) Library Register.

(k) Registers of papers received

(l) Cash Book.

(m)Fair Copy Register

(n) Monthly Cash Book

(o) Disbursing Officer’s statement of expenses in case of Metropolitan Magistrates Court

(p) Daily Cash Balance Register in case of Metropolitan Magistrates Court

(q) Daily Cash Book of the Accountant in case of Metropolitan Magistrates Court

(r) Monthly Cash Book of Receipts and Payments in case of Metropolitan Magistrates

Court

(s) Criminal Court deposit register

46. (a) Is the supervision of the Head Ministerial Officer effective?

(b) Has the Head Ministerial Officer dealing with cash and valuables furnished the

security required by the rules? (Form of security may be stated).

the Tamil Nadu Financial Code, Volume 1 and note the result of the last verification

(applicable to the Chief Metropolitan Magistrate / Court of Session).

371

47.On how many days in the week, does the Assistant Public Prosecutor attend Court? If any

revision is necessary, have steps been taken by the Chief Judicial Magistrate to secure the

revision?

48. (a) Are the court premises and compound kept clean?

(b) Are the premises in good repair? Are any improvements necessary?

programme.

(d) Are the precautions taken against possible fire adequate?

49. Are the Government Orders, High Court Circulars and the Principal District Judge

Circulars maintained up to date in properly classified files?

50. Are the seals of the court, belts and badges in good condition?

51. Has action been taken promptly to rectify defects pointed out at the previous

inspection?

52. Remarks on the administrative work of the Magistrate:-

(NOTE- In appraising the work of the Magistrate, the instructions in High Court’s

P.Dis.No.314/52, should be borne in mind).

Supplementary questions to be answered when the Courts of Chief Judicial Magistrates/Chief

Metropolitan Magistrate are inspected and the report to be submitted as a confidential enclosure

to the Notes of Inspection.

1. Have Criminal Registers 2 and 10, 3 and 11 been properly maintained?

Tabulate the results of Criminal Appeals and Revisions disposed of during the period

covered by the inspection :

(a) Criminal Appeals disposed of; confirmed; reversed; sentence modified.

(b) Revisions disposed of; dismissed; allowed; number of cases taken up suo motu.

2. (a) Was the perusal of calendars by the Chief Judicial Magistrate / Chief Metropolitan

Magistrate systematic and effective?

(b) Has the Magistrate ensured prompt submission of calendars?

magistrates of calendars on which remarks were passed by superior magistrates? (Any delay of

over a week should have been explained when the calendars were re-submitted.)

373

QUESTIONNAIRE FOR THE INSPECTION

PROCEEDINGS NO. ROC.4228/78 Bud-I, Dated:12.07.1978 of the

Hon’ble High Court, Madras

NOTES OF ANNUAL INSPECTION OF THE OFFICE OF THE

………….. , ………………FOR THE YEAR ………

Name of Inspecting Officer

ii.

Period covered by Inspection

iii.

Date of preparation of Notes

iv.

Date of Final Inspection

Name of Head of Department during the period covered

by inspection

BUDGET AND PLAN

Is the Number statement prepared correctly and sent

before the due date?

Are the Revised Estimate and Budget Estimate prepared

with reference to the Budget Manual and sent on or

before the due date?

(a)

Are the Budget Provisions communicated to

Subordinates and if so, when?

(b)

Is it ensured that the corresponding D.P. Code

Number is also communicated to Subordinates

along

with

the

Head

Account

while

communicating above?

Is final modified appropriation prepared and sent in time?

Has there been excess expenditure and if so, why?

374

ACCOUNT AND RECONCILATION

Whether the incurring of expenditure under proper

sanction and receipt of moneys by adjustment bills and by

cash have been properly classified under the appropriate

head viz., from major head up to detailed head?

Whether in respect of the above, the correct D.O. and

D.P. Code number have been accurately indicated?

Whether correctly prepared enfacement slip is attached to

each bill?

Whether the D.O. and D.P. Code are also indicated in

office copies of all categories of bills?

Whether relevant D.O. Codes and D.P. Codes have been

extracted in M.T.C.70 Register.

Whether the monthly reconciliation is done in time in

respect of all heads?

Whether prompt action is taken to set right the

misclassification notices and the fact indicated in the

reconciliation Register?

Has there been any instance where positive action has

been taken against subordinates for non-reconciliation of

monthly figures?

Whether the D.P. Code is noted in the relevant column of

classification in the control of expenditure register as well

as various bill Registers?

10.

Whether a stock file of order received and issued in

regard to D.O. Code and D.P. Code is exclusively

maintained?

11.

Whether the monthly progressive report on the stage of

reconciliation of loan heads (Government servants loans)

is being sent?

375

LOANS AND ADVANCES

Is a Register maintained for advance of pay and T.A.

granted to Government Servants on transfer/Tour and are

recoveries regularly made?

Are any such advance pending now long and why?

Is there any case where the advance has been drawn more

than necessary?

REGISTERS

WITH

REFERENCE

G.O.Ms.No.610 FINANCE dt:27.06.75

(a) Where loan sanction register(Annexure-2) has been

opened with effect from 1.4.91, including outstanding as

on 1.4.91 common to all category to loans (General

Provident Fund Sanction should also be entered in this

sanction register?)

(b) Is there any irregular sanction of advance?

Whether individual loan ledger has been opened?

(a) Whether loan recovery register has been opened in

respect of short term loans; loan-wise (Cycle, Handloom,

Khadi, F.A., G.P.F., Warm Clothing) etc.,

(b) Whether separate recovery register is maintained in

respect of long term loans viz.,



House Building Advance



Marriage Advance



Car/Scooter Advance

Whether a Register in Form 29 of T.N. Financial Code,

Vol. I is maintained for noting the name and premium

details of postal life insurance Holders?

Whether the requisite register is maintained to ensure that

proper action is taken on all the requisitions received from

the co-operative societies?

Whether the above registers are put up for monthly

check?

376

10.

Whether Government Servants who join, furnish written

declaration regarding recoveries and whether the entries

thereto are verified later with last pay certificate?

11.

Whether the Internal Audit party is verifying the above

result?

12.

Whether the report in Annexure 7 to the Government

Order are received from the District Controlling Officers

regularly?

13.

Whether the D.C.B. in Annexure 8 to the G.O. is sent to

the Accountant General annually without delay?

14.

Whether the D.C.B. at the end of the financial year has

been furnished to the Accountant General on or before

30^thJune of each year in respect of all categories of

Loans?

i. Loans to Government Servants

ii. Short term loan wise

iii. Long term loan wise

15.

Whether all the loan registers are checked every month by

an Officer nominated for that purpose and whether he has

initialed in the check memorandum to be pasted in each

16.

Whether there are any audit inspection parties for

inspection of loan records in the subordinate officers and

if so, whether the prescribed questionnaire is exhaustive

and adequate?

17.

What are the loan registers maintained other than those

referred to above and how far they are adequately

maintained?

UTILISATION OF THE INVENTORY

(Machinery and equipment)

In the case of saleble goods, whether sales register is

maintained? Is the sale proceeds remitted into the Sub-

Treasury/Bank without any delay?

Whether the entries in the cash bill and in the stock

authority?

What is the form of security furnished by each

Government Servant employed?

Where are the security bonds kept?

Has periodical action been taken to dispose of waste

paper, unserviceable articles, etc.,?

Has the receipt been granted from the bill book for all

moneys received, except those drawn from the Treasury?

377

(a) Are there any items of stores which should have

become unserviceable or time barred?

(b) Are there spoiled or damaged items of stationery (to

be detailed)

Are all the items of stationery free from damage and kept

well stocked?

Is the room where the stores are kept free from dampness

and rodents? Had the room been properly wired without

leakage?

10.

Have adequate precautions been provided against fire?

11.

Is the room kept properly locked?

12.

Is the register kept in all prescribed form for all articles of

furniture, stationery and other articles received and

disposed of?

13.

Whether a register of bills invoices received from supplier

is maintained?

14.

(a) When was the receipt and issue of stores and stock

physically verified and by whom? To be checked by any

Officer and certificate of verification recorded therein?

(b) Has there been any occasion when the stock was

verified by surprise check?

15.

Have receipts been obtained from the public for all

moneys disbursed to them and the receipts been retained

in the office or sent to Accountant General/Pay and

Accounts Officers?

16.

Have full reasons for condemning the stores which have

become unserviceable been recorded along with the

certificate prescribed in Art.140 of T.N. Financial Code,

Vol. I ?

17.

Has the value of unserviceable stores been treated as loss

to Government within the meaning of Art.294 of T.N.

Financial Code Vol. I and Procedure prescribed therein

has been strictly followed?

18.

Have entries been made in the register of written off in

respect of all orders of written off issued by the Heads of

Department and Government?

19.

Have all the details of the amounts written off and the

amounts ordered to be recovered been noted in the

378

AUDIT

(a) Is the register of audit objections maintained in the

prescribed form?

(b) Is it being put to the concerned Officer once in a

month and at least once in a year?

Have all the objections received from the Accountant

General been replied to promptly? (Duration of pendency

with reasons therefor may be detailed?)

Special Accounts relating to Judicial Department, Civil, Criminal Court Deposits and other

Register.

Regarding Accounts.

1. Cash Book (C.F. No.119) and Ledger (C.R.No.35)

(a)

Are they kept in bound volumes paged throughout and are

they written in accordance with the rules laid down in Part-

I, Vol. II of the Civil, Criminal Rules of Practice and

Circular Orders?

(b)

Is the cash book when the court banks with the Treasury,

the Register of Receipts (CR.No.36) and of department

(CR.No.37) balance weekly and with the treasury or Banks

weekly statements?

(c)

What is the last date when the statement was so compared?

Was there a difference and if there was one, has it been

properly accounted for?

(d)

Are the weekly statements received from the treasury or

bank filed chronologically?

(e)

Do the entries in the Cash Book agree with the entries of

receipts in the Register of impounded instruments and the

entries in the cash payment Registers?

(f)

Are the heads of accounts properly classified in the ledger?

(g)

Is the ledger balance at the end of the year and the totals

tally with those of cash book?

(h)

Are attachments of amount of prohibitory orders relating

thereto duly noted in the ledger?

(i)

Is the balance on hand of all receipts shown by the cash

book

and

the

ledger

checked

the

District

Munsif/Subordinate Judge with the Money actually in the

Head Clerk’s/Sherishtadar’s hand?

Forms:97 and 98)

(a) Is the classification of the entries in the account

correct and are the accounts properly kept

agreeable to the instructions issued regarding their

maintenance?

(b) Are the disbursing Officers submitting monthly

accounts to the Sub-controlling Officer punctually?

379

(a) Is the cash payment book (C.B. No.40) maintained

properly?

(b)Are the signature of unknown persons attested by

known persons?

Are the following accounts duly maintained?

a) Contingent Register

Are the vouchers duly filed and cancelled?

b) Salary acquittance Register (T.&A. No.11-R)

c) Register of Service Postage stamps (C.R.No.57)

Do the entries in Register of Service Postage stamps

correspond

with

the

entries

the

correspondence despatched?

Does it show that the Nasir kept any separate stock of

stamps?

Cheque books (Civil Miscellaneous Forms 14 & 15)

(a) Are they kept under lock and key in the personal

custody of the District Munsif/Sub Judge?

(b) Permanent Advance Accounts:

Is the balance struck when contingent bills are drawn?

Is the permanent advance amount correct on verification

of cash and vouchers?

(a) Are the instructions laid down in Article 49 of the

Tamil Nadu Account Code, Vol.I followed?

(b) In case there was a transfer of the Presiding

Officer during the period covered by this

inspection. Is the handing over the cheque books

duly recorded in the cash book over the signature

of both the relieved and relieving Officers?

promptly in the order of receipt and cheques

issued promptly after orders are passed?

380

ANNEXURE

QUESTIONNAIRE TO BE ADDED TO EXISTING

INSPECTION QUESTIONNAIRES IN USE IN THE VARIOUS DEPARTMENTS

Appointments:

(i)

Does the office maintain a watch on the prompt preparation of list of approved

candidates for all categories?

Note: This question will be answered in respect of the categories for which the Head of

the office inspected or his subordinate is the appointing authority.

(ii)

Examine a few files or disposals relating to the preparation of such lists and

answer the following questions:--

Has the Schedule of dates prescribed been adhered to?

b. Are adequate number of candidates selected by the competent authorities?

Are such candidates selected by the competent authorities being appointed

regularly even in the first instance?

(iii)

Are temporary appointments made only when candidates selected by the

competent authorities are not available?

(iv)

Have persons with more than 3 years temporary service been allowed to draw the

first increment in the 4^thyear?

Maintenance of Service Registers:

Are service registers maintained for the personnel in accordance with the

instructions in the Fundamental Rules?

b. State:

(1) The total number of persons for whom Service Registers are to be maintained.

(2) The total number of persons for whom Service Registers are actually maintained.

(3) The reasons for not opening Service Registers for others.

(4) The total number of cases where certificates of verification of service have not

been furnished.

(5) The steps taken to issue the certificates in respect of cases in item (4) above.

(6) The number of cases where sanction of periodical increments has been delayed.

(7) The steps taken to sanction increments in the delayed cases and to ensure that

such delays did not recur.

381

Maintenance of Personal Files:

Are personal files for all Government servants concerned maintained properly and up-to-

date?

b. State the number of cases where the entries in the personal files are not up-to-date.

Have adverse remarks, if any, been communicated to the Government servants concerned

and their acknowledgmenst filed, in the personal files?

d. State the number of cases where adverse remarks were not communicated (excluding

cases where the scrutinizing authority has specifically ordered the withholding of

communication of adverse remarks).

Are defaulter sheets maintained for Last Grade Government servants?

Declaration of probation:

Is a register of probationers maintained up-to-date separately for each category of

Government servants?

b. Has it been examined every month and action initiated well in advance in all cases due

for declaration of the completion of probation?

Have probation sheets been opened for all persons regularly appointed?

d. Are there any delays in passing orders of completion of probation?

Register of substantive appointments:

Is a Register of substantive appointments maintained up-to-date?

b. Has it been examined every month by the Head of the Office or other competent

authority?

Are there any delays in making substantive appointments?

d. Is intimation sent to other appointing authorities promptly whenever any substantive

vacancy which that authority is competent to fill in becomes available by the

confirmation ordered?

Pension:

Did anyone in the office inspected retire from service during the period under inspection?

b. Is the Head of the office inspected competent to sanction the pension? If so:

Was action initiated in time for the sanction of pension; if not, the reasons for the

delay must be stated.

ii.

Was pension sanctioned in time?

iii.

In cases where delay in sanction of pension could not be avoided was anticipatory

pension sanctioned?

382

Suspension:

Was any one placed under suspension by the Head of the Office inspected or by his

subordinate in the same office? If so, indicate in each case, the date of suspension, the

date of issue of charge memo and the present stage of the proceedings.

b. Was the suspension necessary in the public interest?

Are steps being taken to conclude expeditiously the disciplinary proceedings against

persons under suspension?

d. Was subsistence allowance paid to the incumbent and was a review of the rate of

subsistence allowance, made as required under Rule 53 of the Fundamental Rules?

Rectification of defects and omissions:

How far have the defects and omissions pointed out by the inspecting staff been rectified before

the inspecting officer’s personal inspection?

General remarks:

(These should include remarks on the extent of personal interest taken by the Head of the office.)

383

Administrative Form No.53

(See Rule 301)

PAY ORDER BOOK

IN THE METROPOLITAN MAGISTRATE’S COURT

EGMORE/GEORGE TOWN/SAIDAPET, CHENNAI

No.

Dated

…...........20..

The Cashier,..........................

Pay to …..............................................................

the

sum

Rupees

…......................... on account of Arrears of maintenance for 20..../batta to witness /

compensation to …........................... accused / Miscellaneous, due under the order of this

Court in No.... of 20....

Chief Clerk

Paid Rs....................

Cashier

Examined and entered

Received payment.

Accountant

Signature of recipient.

384

Administrative Form No. 54

[See Rule 204 (A)(4)]

STATEMENT OF FINES PAID INTO THE RESERVE BANK OF INDIA,

CHENNAI, DURING THE MONTH OF …......20 ...

IN THE METROPOLITAN MAGISTRATE’S COURT

EGMORE/GEORGE TOWN/SAIDAPET,CHENNAI

On what account

Amount

Total

To what

head

credited

Fines . . . .

Rs.

Total

Metropolitan Magistrate's Court

Egmore/George Town/Saidapet, Chennai

Metropolitan Magistrate

The Accountant General, Chennai

(through the Secretary and Treasurer

Reserve Bank of India, Chennai)

385

Administrative Form No. 55

(See Rule 301)

DISBURSING OFFICERS STATEMENT OF EXPENSES

IN THE METROPOLITAN MAGISTRATE’S COURTS, EGMORE / GEORGE TOWN / SAIDAPET, CHENNAI

No.

Subject

Minor Head of Account-(e) Metropolitan Magistrates’ Courts.

VOTED

(1)

(2)

Pay of Officers

Permanent Establishments

Temporary Establishment

Allowances

Pay

(3)

Dearness

Allowance

(4)

House

Rent

Allowance

(5)

Travelling

Allowance

(6)

Pay

(7)

Dearness

Allowance

(8)

House

Rent

Allowance

(9)

Pay

(10)

Dearness

Allowance

(11)

House

Rent

Allowance

(12)

Travelling

allowance

(13)

III

Units of appropriation

Appropriation of Budget Grant

Expenditure to the end of the

preceding month

Disbursements during the month

Rs.

Serial Number of bill

Date of

drawal

VII

VIII

Total disbursements of the month

Adjustments intimated by the

Accountant-General

Progressive total of expenditure

including adjustments

Liabilities:

(a) Balance brought forward

(b) New liabilities of the month

month

Balance of liabilities

Total progressive expenditure

plus liabilities (VII plus IX)

Major Head of Account – 2014. Administration of Justice

Month of ……………. 20….

386

No.

Subject

Minor Head of Account-(e) Metropolitan Magistrates’ Courts.- Cont.

VOTED--- Cont.

NON-

VOTED

Copyists

Renume

-ration

(16)

Pay of Menials.

Tele-

Phone

charges

(19)

Electric

charges

(20)

Other

Contin-

gencies

(21)

Compensa

tion to

Local

Bodies

(22)

Batta to

prosecu

-tion

witness-

(23)

Contin

-gencies

Non-

contract

Group

Rema

-rks

(25)

Pay

(14)

Dearness

allowances

and Machine

allowances

(15)

Pay

(17)

Dearness

allowances

and H.R.A.

(18)

Rates

and

Taxes.

(24)

III

Units of appropriation

Appropriation of Budget Grant

Expenditure to the end of the

preceding month

Disbursements during the month

Rs.

Serial Number of bill

Date of

drawal

VII

VIII

Total disbursements of the month

Adjustments intimated by the

Accountant-General

Progressive total of expenditure

including adjustments.

Liabilities-

(a) Balance brought forward

(b) New liabilities of the month

month

Balance of liabilities

Total progressive expenditure

plus liabilities(VII plus IX)

387

Administrative Form No. 56

(See Rule 64)

DAILY CASH BALANCE REGISTER

IN THE METROPOLITAN MAGISTRATE’S COURT, EGMORE / GEORGE TOWN / SAIDAPET, CHENNAI

Date

Particulars

Government

S.P.C.A

Port Trust

Bye-laws

The Indian

Ports Act

Under the City

Municipal Act

The

Prevention of

Food Adulteration

Act

Public Health

Act

Fines under the

Motor vehicles

Taxation Act

Fines

Licence

Fees

1 2

Brought forward ..

Receipts ..

Total ..

Payments ..

Balance ..

Rs. P.

Rs. P. Rs. P.

Rs. P.

(In words) Rupees………………………………………….

Date

Particulars

Other

amounts

recoverable

as fines

Total of

columns Nos.

(3) to (12)

Maintenance

Compensation

Batta

Miscellaneous

Grand total

of Columns

(13) to (17)

Contingencies

Criminal

Court deposit

Brought forward

Receipts

Total

Rs. P.

Rs. P. Rs. P.

Rs. P.

Rs.

389

Administrative Form No. 57

(See Rule 301)

DAILY CASH BOOK OF THE ACCOUNTANT

IN THE METROPOLITAN MAGISTRATE’S COURT , EGMORE/GEORGE TOWN/SAIDAPET, CHENNAI

Date

Particulars

Fees and Fines

Maintenance

Compensation

Batta

Miscellaneous

Grand total of columns (13)

to (17)

Government

S.P.C.A

Port Trust By-Laws

The Indian Ports

Act

Under the

City

Municipal

Act

The Prevention of

Food Adulteration

Act

Public Health Act

Fines under the

Motor Vehicles

Taxation Act

Other amounts

recoverable as fines

Total of

columns

(3 ) to (12)

Fines

Licence

fees

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14) (15)

(16)

(17)

(18)

Rs. P. Rs. P. Rs. P.

Rs. P.

Rs. P. Rs. P. Rs. P.

Rs. P.

390

Date

Remittance to the Bank

Maintenance

Compensation

Batta

Miscellaneous

Grand total of columns (30)

to (34)

Government

S.P.C.A

Port Trust By-Laws

The Indian Ports

Act

Under the

City

Municipal

Act

The Prevention of

Food Adulteration

Act

Public Health Act

Fines under the

Motor Vehicles

Taxation Act

Other amounts

recoverable as fines

Total of columns

(20 ) to (29)

Fines

Licence

fees

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

(28)

(29)

(30)

(31)

(32)

(33)

(34)

(35)

Rs. P.

Rs. P. Rs. P.

Rs. P.

391

Administrative Form No. 58

(See Rule 301)

MONTHLY CASH BOOK OF RECEIPTS AND PAYMENTS

IN THE METROPOLITAN MAGISTRATE’S COURT, EGMORE/GEORGE TOWN/SAIDAPET, CHENNAI

Date

Particulars

Fees and Fines

Maintenance

Compensation

Batta

Miscellaneous

Grand total of columns (13)

to (17)

Government

S.P.C.A

Port Trust By-Laws

The Indian Ports

Act

Under the

City

Municipal

Act

The prevention of

Food Adulteration

Act

Public Health Act

Fines under the

Motor Vehicles

Taxation Act

Other amounts

recoverable as fines

Total of column

(3 ) to (12)

Fines

Licence

fees

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

Rs P

392

Date

Remittance to the Bank

Maintenance

Compensation

Batta

Miscellaneous

Grand total of columns (30)

to (34)

Balance [Columns (18) -

(35)]

Remarks.

Government

S.P.C.A

Port Trust By-Laws

The Indian Ports

Act

Under the

City

Municipal

Act

The Prevention of

Food Adulteration

Act

Public Health Act

Fines under the

Motor Vehicles

Taxation Act

Other amounts

recoverable as fines

Total of columns

(20 ) to (29)

Fines

Licence

fees

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

(28)

(29)

(30)

(31)

(32)

(33)

(34)

(35)

(36)

(37)

Rs P

Rs. P

393

Administrative Form No. 59

(See Rule 301)

REGISTER OF RECOGNISED CLERKS OF ADVOCATES

Court: …........

Year: ….........

No.

Name

Father’s

Name

Residence

Date of

registration

Name of

advocate under

whom employed

Courts in which

the advocate is

authorized to

practise

Date of

removal

from

Remarks

395

Administrative Form No.61

[See Rule 301]

…..................... Court, …......................

REGISTER OF PAPERS DESPATCHED

Number

Date of paper

despatched

To whom

Date of

despatch

Date and

number of

letter replied

Subject

Ordinary

official

postage

Postage

process

Postage on

account of

Copyist

Department

Signature of

person to

whom

delivered for

posting

Rs.

396

Administrative Form No.62

[See Rule 224]

REGISTER OF PLAN FEES PAYMENTS TO COPYISTS

…...................... Court, …................

S.No.

Date & No.

of copy

application

Case

No.

Name of

advocate who

deposited plan

fee

Amount

of plan fee

deposited

(Rs.)

Name of

Copyist

Amount of plan

fee paid to

Copyist

(3/4th amount)

(Rs.)

Signature of

Copyist for

receipt of plan

fee with date

1/4th amount

credited to

Government with

Challan No. &

Date

(Rs.)

Signature of the

Presiding Officer

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

398

Administrative Form No.64

[See Rule 298]

RECORDS MOVEMENT REGISTER

…...................... Court, …................

S.No.

Case No.

Details of records

given to Steno

Typist/Typist with

date

Initial of

Steno-

Typist/Typist

with date for

receipt of

records shown

in column 3

Date of return of

records shown in

column 3 to B.C.

or Translator

Initial of

B.C./Translator

or other person

in charge of

records

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

399

ANNEXURE

(See Rule 207, Note 2)

REVENUE RECEIPT FOR JUDICIAL DEPARTMENT

0070 OTHER ADMINISTRATIVE SERVICES

Sl.

No.

Head of Accounts

Old D.P. Code

New D.P. Code

01 ADMINISTRATION OF JUSTICE

102 – Fines and Forfeitures AA – Magisterial Fines (0301)

229 Fines & Penalties

0070-01-102-AA-22900

03 Labour

0070-01-102-AA-2936

0070-01-102-AA-22903

04 Motor Vehicles

0070-01-102-AA-2945

0070-01-102-AA-22904

06 Government

0070-01-102-AA-2963

0070-01-102-AA-22906

07 Payable to Local Bodies

0070-01-102-AA-2972

0070-01-102-AA-22907

99 Others

0070-01-102-AA-2999

0070-01-102-AA-22999

501 Services & Service Fees AA – Court Fees realised in cash

227 Non-Taxation Fees

0070-01-501-AA-22700

10 Court

0070-01-501-AA-2710

0070-01-501-AA-22710

501 Services & Service Fees AB – High Court Receipts

227 Non Taxation Fees

0070-01-501-AB-22700

39 Translation and Printing Fees

0070-01-501-AB-2739 0070-01-501-AB-22739

501 Services and Service Fees AC Receipts of Official Assignee

227 Non-Taxation Fees

0070-01-501-AC-22700

10 Court

0070-01-501-AC-2710

0070-01-501-AC-22710

99 Others

0070-01-501-AC-2799

0070-01-501-AC-22799

AD – Miscellaneous Fees & Fines

229 Fines & Penalties

0070-01-501-AD-22900

02 Judicial

0070-01-501-AD-2925

0070-01-501-AD-22902

99 Others

0070-01-501-AD-2999

0070-01-501-AD-22999

400

Sl.

No.

Head of Accounts

Old D.P. Code

New D.P. Code

800 Other Receipts AA – Sale proceeds of unclaimed and escheated property

237 Sale Proceeds

0070-01-800-AA-23700

08 Sale Proceeds -

Dead Stock and Other waste articles

0070-01-800-AA-3784

0070-01-800-AA-23708

AB – Recoveries of overpayments

242 Recoveries

0070-01-800-AB-24200

14 – Overpayments

0070-01-800-AB-4214

0070-01-800-AB-24214

AC – Contribution towards Leave Salary of Officers lent to Foreign Service

223 Contributions and Donations

0070-01-800-AC-22300

01 - Leave Salary

0070-01-800-AC-2316

0070-01-800-AC-22301

AD – Other Receipts

227 Non Taxation Fees

0070-01-800-AD-22700

99 Others

0070-01-800-AD-2799

0070-01-800-AD-22799

AE – Charges recovered from Post Master General, Chennai towards taxes payable for the Post

Office Buildings in the High Court

221 Receipts from Central Government

0070-01-800-AE-22100

99 Others

0070-01-800-AF-2199

0070-01-800-AE-22199

AF – Charges recovered from Government of India towards extension of High Court jurisdiction

to Puducherry State

221 Receipts from Central Government

0070-01-800-AF-22100

99 Others

0070-01-800-AF-2199

0070-01-800-AF-22199

AG- Charges recovered from Railway Department towards Railway Magistrates Court

221 Receipts from Central Government

0070-01-800-AG-22100

99 Others

0070-01-800-AG-2199

0070-01-800-AG-22199

AH Sale proceeds of Tamil Law Journal Theerpputh Thirattu

221 Receipts from Central Government

0070-01-800-AH-22100

99 Others

0070-01-800-AH-2199

0070-01-800-AH-22199

900 Deduct – Refunds AA – Judicial

277 Deduct/Refunds

0070-01-900-AA-27700

99 Others

0070-01-900-AA-7799

0070-01-900-AA-27799

AB - Magisterial

277 Deduct/Refunds

0070-01-900-AB-27700

99 Others

0070-01-900-AB-7799

0070-01-900-AB-27799

AD Other items

277 Deduct/Refunds

0070-01-900-AD-27700

99 Deduct Refunds – Others

0070-01-900-AD-7799

0070-01-900-AD-27799

401

0030 – STAMPS AND REGISTRATION FEES

Sl.

No.

Head of Accounts

Old D.P. Code

New D.P. Code

01 STAMPS – JUDICIAL

101 Court Fees realised in Stamps AA - Court Fees realised in Stamps

217 Stamps Duty

0030-01-101-AA-21700

01 - Judicial in lieu of Court fees

0030-01-101-AA-0410 0030-01-101-AA-21701

AB Deduct – Refunds – Court Fee Stamps

277 Deduct/Refunds

0030-01-101-AB-27700

99 - Others

0030-01-101-AB-7799 0030-01-101-AB-27799

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

High Court, Madras,

C. KUMARAPPAN,

11th December 2019.

Registrar General.