My Suggestions in Drafting Criminal Rules of Practice in 2018
I am happy to share my suggestions in drafting Criminal Rules of practice
-2018. The points I have suggested is to adopt to digital technology. We need to
make the best use of technology. This means the right service needs to be in
place, including the correct assisted digital support, to make sure justice is
accessible to all such techniques will speed up trials and it could also result
in greater ( or lesser burdensome) procedural delay. Implementing this will, of
course, reduce costs. But, far more critically, it will deliver better justice.
Chapter - IV Investigation
12 -Recording of Dying Declaration:
Proposed changes in drafting Criminal Rules of Practice - 20184) 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. (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.
(8) After the completion of the process, the Magistrate shall make necessary
entries in Judicial Form No.11.
There is no specific guideline or parameter to define the admissibility of a
dying declaration; it can be verbal/ oral or written. It can be partly oral or
partly written, at times it can be recorded when the declarant uses gestures or
signs to give dying declaration.
Recording device should be enabled time and date options while recording dying
Declaration . By doing that falsify of timing of recording evidence via paper
work be curtailed material evidence / if required gesture ,sign language
interpreter be called for confirmation of information. Necessity of using the
time stamp in recording declaration/interrogation is clearly see in the case
United States Of America, Plaintiff, Vs Sombat Yodprasit, Defendant
(2016) Case 5:15-cr-04085-MWB In The United States District Court For The
Northern District Of Iowa Western Division
Chapter-II Summonses And Warrants
Proposed changes in drafting Criminal Rules of Practice - 2018- 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 or Accident Register or
Postmortem 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.
Suggestion - Doctor to be summoned sooner or later to the court if Address proof
of the doctor along with Mobile number be updated in a separate form .This will
help prosecuting official while calling Medical witness to appear before the
court on time.
Chance of going to department heard to track the medical officer to find out
address is not required and police official able to issue summon possibility of
not issuing summons will be reduced to maximum .
The success of any investigation depends largely on the accuracy and detail of
the about witnesses Information. With reliable information we can prevent /
avoid planting stock witness by the law enforcement official.
Case law - Shingar Cinema bomb blast case. Additional Sessions
Judge, Ludhiana, H S Grewal in December 2014 while acquitting all three accused
in the 2007
2) 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 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
issuance, the Court may direct a superior officer to execute the said warrant.
Suggestion- Delayed execution of arrest warrant may jeopardize the
proceedings State v. Long 2003 (STATE OF KANSAS)
75-day delay was unreasonable when the sheriff's efforts to execute the warrant
were limited to inputting the warrant in the National Criminal Information
Center computer without making any independent attempts to verify the
Amending required from 90 days to 60 days
New feature to add in issuing the summons:
The high Court shall promulgate rules to facilitate the taking of testimony by
telephone, audio-visual means or other electronic means.
Additional Testimony or Exhibits. If the judge considers additional testimony or
exhibits, the judge must:
(i) have the testimony recorded verbatim by an electronic recording device, by a
court reporter, or in writing;
(ii) have any recording or reporter’s notes transcribed, have the transcription
certified as accurate, and file it;
Warrant by Telephone or Other Means. a magistrate judge may issue an arrest
warrant or summons based on information communicated by telephone or other
reliable electronic means.
Chapter - V Bail And Sureties
To avoid absconders of accused:
Authority attesting the vakalathnama shall certify that it has been duly
executed in his presence and subscribe his signature over his name and
Section -The state to follow the provisions of sections 299 and 353(6) of
the Criminal Procedure Code. These provisions allow the court to conduct trial
and record evidence in absence of the accused person, and to deliver final
verdict too. To reduce case pendency and expedite the process of justice
Suggestion- The addressing authority must also mention address of service
- Without it Genuineness of addressing authority can’t be identified at the
later stage of case (if required)
Chapter VII General Instructions To All Criminal Courts
37- 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
Suggestion - To add additional column in the address Field as permanent
as well as temporary
Address. If the material received from the party partly or fully damaged -
Penalty to the department that handle it. Amount to mention subject to the
discretion of the valuer or amount to describe.
If cash any received to specify will be deposited in the nationalized bank
Effective Procedural Reform
Even in delay in getting the orders on the grounds of procedural lapse shaken
the confidence of the people in the capacity of the courts to redress their
grievances and to grant adequate and timely relief suggestion hereunder
mentioned will to enhance procedural efficiency
120 - Judgment and orders to be dispatched 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.
Suggestion - In paragraph 120 after “With the least possible delay”
substitute “10 days ”,
Days should be specific within orders to be dispatched to the lower Court.
Chapter - XX
Supervision Of Subordinate Criminal Courts & And Annual Inspection
184- Inspection of Courts by Chief Judicial Magistrates and Judicial
Reports of the inspection should be submitted to the High Court by the Chief
Judicial Magistrate concerned/the Chief Metropolitan Magistrate, in
Administrative Form Nos.52 and 60 respectively, with the least practicable delay.
Suggestion - In paragraph 184 after “With the least possible delay”
Substitute “10 days ”,
Days should be specific, that will lower procedural delay.
Chapter - XXII Certified Copies
206 -Return of defective applications:
Striking off of 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 represented within the period specified above, shall be struck off by the
Head Ministerial Officer.
Suggestion- Seven days be replaced with 3 days
I have endeavoured to show that information technology is now a tool essential
for modernisation of a judiciary or judicial system.
I have humbly suggested these above suggestions in order to have better use of
technology to take full benefit of what Information Technology offers.
As Carr J put it recently in Su-Ling v Goldman Sachs International when setting
out the principles to be derived from, amongst others, Mitchell ‘The achievement
of justice means something different now. Parties can no longer expect
indulgence if they fail to comply with their procedural obligations because
those obligations not only serve the purpose of ensuring that they conduct the
litigation proportionately in order to ensure their own costs are kept within
proportionate bounds but also the wider public interest of ensuring that other
litigants can obtain justice efficiently and proportionately, and that the
courts enable them to do so.  EWHC 759 (Comm) at 
Law Article in India
You May Like
Legal Question & Answers