REGISTERED NO. PT.-40

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

21 ASVINA 1945(S)

(NO.PATNA 827) PATNA, FRIDAY, 13^TH OCTOBER 2023

PATNA HIGH COURT

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NOTIFICATION

12^th October 2023

Addenda and Corrigenda to Criminal Court Rules of the High Court of Judicature

at Patna (Volume-I) (Third Edition) C.S. (Crl.) No. – 100

No. (X-04-2022) Admn. 592(R)//Rules Deptt.— In compliance of directions given

vide Order dated 01.11.2022 passed by Hon’ble Supreme Court of India in Contempt

Petition (C) No. 555 of 2022 in SLP (Crl.) No. 5073 of 2011 (Eega Soumya Vrs. M.

Mahender Reddy & Ors.) read with Hon’ble Supreme Court’s order dated 25.04.2014

passed in SLP (Crl.) No. 5073/2011 (State of Karnataka by Nonavinakere Police Vrs.

Shivanna @ Tarkari Shivanna) and judgement dated 08.10.2020 passed in Criminal

Appeal No.-659 of 2020 (Miss ‘A’ vrs. State of Uttar Pradesh and Anr.), the following

amendments are made in the Criminal Court Rules of the High Court of Judicature at

Patna (Volume-I) with immediate effects :

After Rule-29B under Part-I, Chapter-III (Confession and Statements of

Accused-Section 164 Cr.P.C.), the following Rules shall be inserted, namely :-

29-C. – Procedure to be followed in cases of rape and gang rape lodged under

section 376 IPC :

(i) Upon receipt of information relating to the commission of offence

of rape, the Investigating Officer shall make immediate steps to

take the victim to any Judicial Magistrate for the purpose of

recording her statement under Section 164 Cr.P.C. A copy of the

statement under Section 164 Cr.P.C. should be handed over to the

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BIHAR GAZETTE (EXTRA) 13^TH OCTOBER 2023

Investigating Officer immediately with a specific direction that

the contents of such statement under Section 164 Cr.P.C. should

not be disclosed to any person till charge sheet/report under

Section 173 Cr.P.C. is filed.

(ii) The Investigating Officer shall as far as possible take the victim to

the nearest Lady Judicial Magistrate.

(iii) The Investigating Officer shall record specifically the date and the

time at which he learnt about the commission of the offence of

rape and the date and time at which he took the victim to the Lady

Judicial Magistrate as aforesaid.

(iv) If there is any delay exceeding 24 hours in taking the victim to the

Magistrate, the Investigating Officer should record the reasons for

the same in the case diary and hand over a copy of the same to the

Magistrate.

(v) Medical Examination of the victim: Section 164 A Cr.P.C.

inserted by Act 25 of 2005 in Cr.P.C. imposes an obligation on

the part of Investigating Officer to get the victim of the rape

immediately medically examined. A copy of the rape immediately

medically examined. A copy of the report of such medical

examination should be immediately handed over to the Magistrate

who records the statement of the victim under Section 164

Cr.P.C.”

(vi) Under no circumstances copies of statements recorded under

Section 164 of the Cr.P.C. shall be furnished till appropriate order

taking cognizance in terms of Section 190 of the Code and

issuance of process is passed by the court after the charge-sheet is

filed under Section 173 of the Code in such matter and at the

stage contemplated by Sections 207 and 208 of the Code and not

before.

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

directions shall also stand modified to this extent.

By Order of the Court,

RUDRA PRAKASH MISHRA,

Registrar General.

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PUBLISHED AND PRINTED BY THE SUPERINTENDENT,

BIHAR SECRETARIAT PRESS, PATNA,

BIHAR GAZETTE (EXTRA) 827—571+500

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