The B

PUBL

(NO.PATNA 966)

ADDENDA AND COR

COURT OF JUDIC

No.X-02-2021-344

Criminal Practice, 2021

20.04.2021 passed by Hon

01 of 2017 [IN RE: To iss

Criminal Trials], the follo

High Court of Judicature a

1. After Rule- 29

Accused–Section 164 Cr.

29-A. REFER

164 Cr.P

ii.

REGISTE

Bihar Gaze

EXTRA ORDINARY

LISHED BY AUTHORIT

5 AGRAHAYANA 1943(S)

PATNA, FRIDAY, 26TH NOVE

PATNA HIGH COURT

———

RRIGENDA TO CRIMINAL COURT RULES

CATURE AT PATNA (VOLUME-I) (THIRD

C.S. No. – 98

The 26th November 2021

4(R)— Consequent upon incorporation of t

and in compliance to directions given

n’ble Supreme Court of India in Suo Moto W

ue certain guidelines regarding inadequacies

wing amendments are made in the Criminal

at Patna (Volume–I) with immediate effects:

9 under Part- I, Chapter- III (Confession a

.P.C.), the following Rules shall be inserted

RENCES TO STATEMENTS UNDER SEC

P.C.–

During cross examination, the relevant portio

recorded under Section 161 Cr.P.C. used for

respective witness shall be extracted. If it

extract the relevant part as aforesaid, the Pr

his discretion, shall indicate specifically the o

words of such relevant portion, while record

hrough distinct marking.

In such cases, where the relevant portion is

portions only shall be distinctly marked

ERED NO. PT.-40

ette

EMBER 2021

OF THE HIGH

EDITION)

the Draft Rules of

vide Order dated

Writ (Criminal) No.

and deficiencies in

Court Rules of the

and Statements of

d, namely:–

CTION 161 AND

on of the statements

r contradicting the

is not possible to

residing Officer, in

opening and closing

ding the deposition,

not extracted, the

as prosecution or

BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2021

defence exhibit as the case may be, so that other inadmissible

portions of the evidence are not part of the record.

iii.

In cases, where the relevant portion is not extracted, the

admissible portion shall be distinctly marked as prosecution or

defence exhibit as the case maybe.

iv.

The aforesaid rule applicable to recording of the statements

under Section 161 shall mutatis mutandis apply to statements

recorded under Section 164 of the Cr.P.C., whenever such

portions of prior statements of living persons are used for

contradiction/corroboration.

Omnibus marking of the entire statement under S. 161 and 164

Cr.P.C. shall not be done.

29-B. MARKING OF CONFESSIONAL STATEMENTS– The Presiding

Officers shall ensure that only admissible portion of Section 8 or

Section 27 Indian Evidence Act, 1872 is marked and such portion alone

is extracted on a separate sheet and marked and given an exhibit

number.

2. After Chapter- IV under Part- I, a new “Chapter- IV A” namely “Bail”

shall be inserted in following manner:-

Chapter IV A

BAIL

32-A. (i)

The application for bail in non-bailable cases must ordinarily be

disposed of within a period of 3 to 7 days from the date of first

hearing. If the application is not disposed of within such period,

the Presiding Officer shall furnish reasons thereof in the order

itself. Copy of the order and the reply to the bail application or

status report (by the police or prosecution) if any, shall be

furnished to the accused and to the accused on the date of

pronouncement of the order itself.

(ii) The Presiding Officer may, in an appropriate case in its

discretion insist on a statement to be filed by the prosecutor in-

charge of the case.

3. After Rule- 50 under Part- I, Chapter- VIII (General Provisions as to

Enquiries and Trials), the following Rules shall be inserted, namely:–

50-A. SUPPLY OF DOCUMENTS UNDER SECTIONS 173, 207 AND

208 Cr.P.C.– Every Accused shall be supplied with statements of

witness recorded under Sections 161 and 164 Cr.P.C. and a list of

documents, material objects and exhibits seized during investigation

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

Sections 207 and 208 Cr.P.C.

Explanation: The list of statements, documents, material objects and

exhibits shall specify statements, documents, material

objects and exhibits that are not relied upon by the

Investigating Officer.

50-B. CHARGE– The order framing charge shall be accompanied by a

formal charge in Form 32, Schedule II, Cr.P.C. to be prepared

personally by the Presiding Officer after complete and total

application of mind.

BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2021

50-C. SUBSEQUENT REFERENCES TO ACCUSED, WITNESS,

EXHIBITS AND MATERIAL OBJECTS–

After framing of charges, the accused shall be referred to only

by their ranks in the array of accused in the charge and not by

their names or other references except at the stage of

identification by the witness.

ii.

After recording the deposition of witnesses, marking of the

exhibits and material objects, while recording deposition of

other witnesses, the witnesses, exhibits and material objects

shall be referred by their numbers and not by names or other

references.

iii. Where witness cited in the complaint or police report are not

examined, they shall be referred to by their names and the

numbers allotted to them in the complaint or police report.

4. After Rule- 51 under Part- I, Chapter- VIII (General Provisions as to

Enquiries and Trials), the following Rule shall be inserted, namely:–

51-A. DIRECTIONS FOR EXPEDITIOUS TRIAL–

In every enquiry or trial, the proceedings shall be held as

expeditiously as possible, and, in particular, when the

examination of witnesses has once begun, the same shall be

continued from day to day until all the witnesses in

attendance have been examined, unless the court finds the

adjournment of the same beyond the following day to be

necessary for reasons to be recorded. [Section 309 (1)

Cr.P.C.]. For this purpose, at the commencement, and

immediately after framing charge, the court shall hold a

scheduling hearing, to ascertain and fix consecutive dates

for recording of evidence, regard being had to whether the

witnesses are material, or eyewitnesses, or formal witnesses

or are experts. The court then shall draw up a schedule

indicating the consecutive dates, when witnesses would be

examined; it is open to schedule recording of a set of

witness’ depositions on one date, and on the next date, other

sets, and so on. The court shall also, before commencement

of trial, ascertain if the parties wish to carry out admission

of any document under Section 294, and permit them to do

so, after which such consecutive dates for trial shall be

fixed.

ii.

After the commencement of the trial, if the court finds it

necessary or advisable to postpone the commencement of,

or adjourn, any inquiry or trial, it may, from time to time,

for reasons to be recorded postpone or adjourn the same on

such terms as it thinks fit, for such time as it considers

reasonable. If witnesses are in attendance no adjournment or

postponement shall be granted, without examining them,

except for special reasons to be recorded, in writing.

[Section 309 (2) Cr.P.C.].

⁴

BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2021

iii.

Sessions cases may be given precedence over all other work

and no other work should be taken up on sessions days until

the sessions work for the day is completed. A Sessions case

once posted should not be postponed unless that is

unavoidable, and once the trial has begun, it should proceed

continuously from day to day till it is completed. If for any

reason, a case has to be adjourned or postponed, intimation

should be given forthwith to both sides and immediate steps

be taken to stop the witnesses and secure their presence on

the adjourned date.

5. After Rule- 54 under Part- I, Chapter- IX (Mode of Recording Evidence–

Chapter XIII Cr.P.C.), the following Rule shall be inserted:–

54-A.

The depositions of witnesses shall be recorded, in typed format, if

possible. The record of evidence shall be prepared on computers,

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

Provided that in case the language of deposition is to be

recorded in a language other than English or the language of the

State, the Presiding Officer shall simultaneously translate the

deposition either himself or through a competent translator into

English.

6. In Rule- 55 under Part- I, Chapter- IX (Mode of Recording Evidence–

Chapter XIII Cr.P.C.), for the words “taken down in writing in the language of the

Court”, the words “recorded in the language of the witness and in English when

translated as provided in Rule 54-A” shall be substituted. The modified Rule- 55

shall now read asunder:-

55.

Depositions shall be recorded in the language of the witness and in

English when translated as provided in Rule 54-A, either by the

Magistrate or Sessions Judge, with his own hand or from his

dictation in open Court. The depositions so recorded shall be signed

by the Magistrate or the Sessions Judge.

7. After Rule- 55 under Part- I, Chapter- IX (Mode of Recording Evidence–

Chapter XIII Cr.P.C.), the following Rules shall be inserted:–

55-A. The depositions shall without exception be read over by the

Presiding officer in Court. Hard copy of the testimony so recorded

duly signed to be a true copy by the Presiding Officer/court officer

shall be made available free of cost against receipt to the accused or

an advocate representing the accused, to the witness and the

prosecutor on the date of recording.

55-B. A translator shall be made available in each Court and Presiding

Officers shall be trained in the local languages, on the request of the

Presiding Officer.

55-C. The Presiding Officers shall not record evidence in more than one

case at the same time.

8. After Rule- 57 under Part- I, Chapter- IX (Mode of Recording Evidence–

Chapter XIII Cr.P.C.), the following Rule shall be inserted, namely :–

57-A.

FORMAT OF WITNESSES–

The deposition of each witness shall be recorded dividing it

into separate paragraphs assigning paragraph numbers.

BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2021

ii.

Prosecution witnesses shall be numbered as PW-1, PW-2 etc.,

in seriatim. Similarly, defence witnesses shall be numbered as

DW-1, DW-2, etc., in seriatim. The Court witnesses shall be

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

iii.

The record of depositions shall indicate the date of the chief

examination, the cross examination and re-examination.

iv.

The Presiding Officers shall wherever necessary record the

deposition in question and answer format.

Objections by either the prosecution or the defence counsel

shall be taken note of and reflected in the evidence and

decided immediately, in accordance with law, or, at the

discretion of the learned Judge, at the end of the deposition of

the witness in question.

vi.

The name and number of the witness shall be clearly stated on

any subsequent date, if the evidence is not concluded on the

date on which it begins.

9. After Rule- 62 under Part- I, Chapter- X (Judgment and Sentence), the

following Rules shall be inserted:–

62-A.

Every judgment shall contain the following:

Start with a preface showing the names of parties as per

FORM A to the Rules.

ii.

A tabular statement as per FORM B to the Rules.

iii.

An appendix giving the list of prosecution witnesses, defence

witnesses, Court witnesses, Prosecution Exhibits, Defence

Exhibits and Court Exhibits and Material Objects as per

FORM C to the Rules.

FORM A

IN THE COURT OF ……………………

Present ...................................... Sessions Judge

[Date of the Judgment]

[Case No… ........... /2019]

(Details of FIR/Crime and Police Station)

Complainant

STATE OF…..

NAME OF THE COMPLAINANT

REPRESENTED BY

NAME OF THE ADVOCATE

ACCUSED

1. NAME WITH ALL PARTICULARS (A1)

2. NAME WITH ALL PARTICULARS (A2)

REPRESENTED BY

NAME OF THE ADVOCATES

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BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2021

FORM B

Date of Offence

Date of FIR

Date of Chargesheet

Date of Framing of Charges

Date of commencement of evidence

Date on which judgment is reserved

Date of the Judgment

Date of the Sentencing Order, if any

Accused Details:

Rank of the Accused

Name of Accused

Date of Arrest

Date of Release on Bail

Offences Charged with

Whether Acquitted or

convicted

Sentence Imposed

Period of Detention

Undergone during Trial

for purpose of section

428, Cr.P.C.

BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2021

FORM C

LIST OF PROSECUTION/DEFENCE/COURT WITNESSES

A. Prosecution

RANK

NAME

NATURE OF EVIDENCE

(EYE WITNESS, POLICE WITNESS, EXPERT

WITNESS, MEDICAL WITNESS, PANCH

WITNESS, OTHER WITNESS)

PW1

PW2

B. Defence Witnesses, if any:

RANK

NAME

NATURE OF EVIDENCE

(EYE WITNESS, POLICE WITNESS, EXPERT

WITNESS, MEDICAL WITNESS, PANCH

WITNESS, OTHER WITNESS)

DW1

DW2

C. Court Witnesses, if any:

RANK

NAME

NATURE OF EVIDENCE

(EYE WITNESS, POLICE WITNESS, EXPERT

WITNESS, MEDICAL WITNESS, PANCH

WITNESS, OTHER WITNESS)

CW1

CW2

LIST OF PROSECUTION/DEFENCE/COURT EXHIBITS

A. Prosecution:

Sr.

Exhibit Number

Description

Exhibit P-1/PW1

Exhibit P-2/PW2

B. Defence:

Sr.

Exhibit Number

Description

Exhibit D-1/DW1

Exhibit D-2/DW2

C. Court Exhibits

Sr.

Exhibit Number

Description

Exhibit C-1/CW1

Exhibit C-2/CW2

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BIHAR GAZETTE (EXTRA) 26TH NOVEMBER 2021

D. Material Objects:

Sr.

Material Object Number

Description

MO1

MO2

62-B.

In compliance with Section 354 and 355 Cr.P.C., in all cases, the

judgments shall contain:

i. the point or points for determination,

ii. the decision thereon, and

iii. the reasons for the decision

62-C.

In case of conviction, the judgment shall separately indicate the

offence involved and the sentence awarded. In case there are

multiple accused, each of them shall be dealt with separately. In

case of acquittal and if the accused is in confinement, a direction

shall be given to set the accused at liberty, unless such accused is in

custody in any other case.

62-D.

In the judgment the accused, witnesses, exhibits and material

objects shall be referred to by their nomenclature or number and not

only by their names or otherwise. Wherever, there is a need to refer

to the accused or witnesses by their name, the number shall be

indicated within brackets.

62-E.

The judgment shall be written in paragraphs and each paragraph

shall be numbered in seriatim. The Presiding Officers, may, in their

discretion, organize the judgment into different sections.

10. Rule- 122 under Part- III, Chapter- I–D (Arrangement of Records of

Criminal Proceedings–Exhibits) shall be substituted by the following Rule:–

122.

Prosecution exhibits shall be marked as Exhibit P-1, P-2 etc.

in seriatim. Similarly, defence Exhibits shall be marked as Exhibit

D-1, D-2, etc. in seriatim. The Court exhibit shall be marked as

Exhibit C-1, C-2, etc. in seriatim.

11. After Rule- 122 under Part- III, Chapter- I–D (Arrangement of Records

of Criminal Proceedings–Exhibits), the following Rule shall be inserted:–

122–A. To easily locate the witness through whom the document was first

introduced in evidence, the exhibit number shall further show the

witness number of such witness after the Exhibit number. If an

exhibit is marked without proper proof, the same shall be indicated

by showing in brackets (subject to proof).

Explanation:— If Prosecution witness no. 1 (PW1) introduces a document

in evidence, that document shall be marked as Exhibit

P-1/PW1. If proper proof is not offered for that document

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

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

introduced by PW1 will be Exhibit P-2/PW1.

12. Rule- 123 under Part- III, Chapter- I–D (Arrangement of Records of

Criminal Proceedings–Exhibits) shall stand deleted.

BIHAR GAZETTE (EXTRA), 26TH NOVEMBER 2021

13. Rule- 129 under Part- III, Chapter- I–D (Arrangement of Records of

Criminal Proceedings–Exhibits) shall be substituted by the following Rule:–

129. The Material objects shall be marked in seriatim as MO-1, MO-2 etc.

All the existing Rules, notifications, general letters, orders and directions shall

also stand modified to this extent.

By order of the Court,

ARUN KUMAR JHA,

Registrar General I/c.

————

PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA.

Bihar Gazette (Extra) 966—571+500—Egazette

Website: http://egazette.bih.nic.in