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In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials

Suo Motu Writ Petition (Criminal) · Neutral citation not assigned (Suo Motu Writ Petition (Criminal) No. 1 of 2017)Decided 30 Mar 2017
Suo Motu Writ Petition (Criminal) No. 1 of 2017
Justice S.A. Bobde · Justice L. Nageswara Rao

Background

This is an interim order, not a final judgment. During the hearing of a criminal appeal, senior counsel pointed out common inadequacies in how trial courts across India record evidence, mark exhibits and structure judgments. Examples included inconsistent exhibit-marking conventions, no appended lists of witnesses and exhibits, repetitive judgment drafting and failure to specify set-off periods under Section 428 Cr.P.C. Counsel suggested that the Court consider issuing nationwide guidelines, and the Court took up the matter on its own motion.

Decision Breakdown

This is an interim order, not a final judgment. The Court did not issue any guideline itself. It directed that notices be issued to the Registrars General of all High Courts and to the Chief Secretaries or Administrators and Advocates-General of all States and Union Territories, so that a general consensus could be reached on amending the relevant Rules of Practice and Criminal Manuals. It said it may also consider issuing directions under Article 142 at a later stage.

Lesson Learnt

There are no final guidelines yet on criminal trial procedure. Any guidelines will come in a later order, after the High Courts and States respond.

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

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