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In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials v. The State of Andhra Pradesh

Suo Motu Writ Petition (Criminal) · 2021 INSC 260Decided 20 Apr 2021
Suo Motu Writ Petition (Criminal) No. 1 of 2017
Chief Justice S.A. Bobde · Justice L. Nageswara Rao · Justice S. Ravindra Bhat

Background

While hearing an ordinary criminal appeal in 2017, the Supreme Court noticed widespread inconsistency across trial courts and High Courts in basic trial practices, how witness lists, exhibits and material objects were labelled and presented, how injury/post-mortem reports and depositions were recorded, and more, which was causing confusion and delaying appeals. The Court took up the issue on its own motion, appointed amici curiae, invited responses from all High Courts and state governments over several years, held a stakeholder colloquium, and eventually produced a consultation paper culminating in "Draft Rules of Criminal Practice."

Decision Breakdown

The Court finalized the "Draft Rules of Criminal Practice, 2021" (annexed to the order) covering uniform standards for post-mortem/injury documentation, scene panchnamas, labelling of witnesses and exhibits, and trial management. Importantly, it held that accused persons must also be given a list of materials collected by police but not relied upon by the prosecution, so they can seek production of anything exculpatory. It also overruled the long-standing practice from Bipin Shantilal Panchal v. State of Gujarat of deferring all objections to evidence until the final judgment, holding instead that trial judges should rule on objections to questions during the proceeding (or at the end of a witness's deposition) to prevent irrelevant or prejudicial material cluttering the record. It further directed that every criminal trial begin with a "case management hearing" after framing of charges, where witnesses are categorized and a hearing schedule is fixed, and ordered all High Courts and state governments to formally adopt the new rules and amend related manuals within six months.

Lesson Learnt

The Supreme Court can proactively reform everyday trial procedure to cut delay and improve fairness: accused persons are now entitled to know about evidence collected against them even if the prosecution doesn't rely on it, and courts must rule on evidentiary objections promptly rather than let them pile up untouched until the final judgment.

Official source (sci.gov.in)View Judgment (PDF)

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