Home India Part III-Section 2-A-Sup JUDICIAL NOTIFICATIONS - THE CRIMINAL RULES OF PRACTICE, 201...
Date: 2019-12-18 Category: Not Applicable State: Tamil Nadu Country: India

JUDICIAL NOTIFICATIONS - THE CRIMINAL RULES OF PRACTICE, 2019

Issued by Part III-Section 2-A-Sup · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document is a compilation of criminal rules of practice issued by the High Court of Judicature at Madras, with previous approval from the Government of Tamil Nadu and the Government of the Union Territory of Puducherry. These rules aim to provide guidelines for all criminal courts within the jurisdiction of the High Court. The rules take effect from January 1st, 2020 and repeal all previous rules and circulars inconsistent with these rules. **Key Points / Main Content** * **General Provisions:** * These rules are called the Criminal Rules of Practice, 2019 and will be in force beginning January 1st, 2020. * They apply to all criminal courts under the High Court of Judicature at Madras. * All previous rules are repealed to the extent of any inconsistency with these Rules. * Hours of sitting for Courts (other than the High Court) are to be determined by the High Court. * Sundays are to be deemed as dies non except when there is an absolute urgency that needs action by the Magistrate or Court. * **First Information Reports and Occurrence Reports:** * Judges and Magistrates must sign every page and record the date, time of receipt, name, and designation when receiving First Information Reports (FIR) and Occurrence Reports. * The receipt of First Information Reports or Occurrence Reports must be entered into a register in Administrative Form No. 18 immediately. * **Remand Procedures:** * Accused individuals must be physically produced for the first remand. * Judges/Magistrates must examine the accused for injuries and record any such findings in the remand order and warrant. * Extensions of remand through electronic video linkage is permissible. * If accused are detained in the hospital because of illness the Judge / Magistrate shall proceed to the hospital, visit the accused and may remand or extend the remand period. * Copy of remand order to be submitted within 24 hours to the Chief Judicial Magistrate or Chief Metropolitan Magistrate. * If an accused appears to be a juvenile, he is to be forwarded to the jurisdictional Juvenile Justice Board. * Medical tests and protective measures for transgender persons in custody are to be ensured. * **Bail and Sureties:** * Granting bail in non-bailable offenses is a matter of judicial discretion. * Bail amount should be fixed considering the accused's financial capacity. * Indigent accused unable to provide sureties may be released on their own bond. * An advocate cannot stand as surety unless the accused is a blood relative. * The responsibility for accepting the surety as solvent for the required amount is primarily that of the presiding officer of the Court. * Surety must provide the identity and residential address proofs. * **Dying Declaration:** * The Chief Judicial Magistrate or the Chief Metropolitan Magistrate may nominate Magistrate/Magistrates in the District to record dying declaration. * In cases of emergency, any Magistrate who has not been nominated may record a dying declaration. * The Magistrate shall ensure that the police or the relatives of the declarant are not present at the time of recording the dying declaration. * After recording a dying declaration, the Magistrate shall arrange to take two photocopies of the same. * **Filing of Final Reports:** * Final reports by the police and complaints by other investigating agencies are received on all working days during specific hours. * Final reports filed by the police/complaints are not to be returned even if they are defective; a separate memorandum for rectification must be issued. * The e-mail and mobile number of the complainant, witnesses, and accused are to be provided in the final report or complaint if available. * **Appearance of Advocates:** * Non-advocates can only plead if it prevents a miscarriage of justice. * All advocates appearing for prosecution or defense shall file vakalatnama containing enrollment details and contact information. * Attestation and execution requirements for Vakalathnama are specified. * **Summons and Warrants:** * Summonses to witnesses shall ordinarily be signed by the Head Ministerial Officer. * Judges and Magistrates shall themselves sign summons to accused persons. * The Doctor/Magistrate is advised on best practices when summonig experts and medical professionals. * Magistrate to furnish writing to accused the number of the appeal and the Court which issued the warrant. **Impact Analysis** * **Criminal Courts:** * **Impact:** Criminal courts are required to comply with the new Criminal Rules of Practice, 2019. All judicial proceedings, hearings, and processes must be conducted according to the specified guidelines. All court processes must adhere to the standards and protocols established by these regulations. * **Action Required:** Implement the new Criminal Rules of Practice, 2019 into their court operations. They must understand and adhere to the specific procedures for handling various stages of the criminal process, including first information reports, remand proceedings, bail applications, witness handling, and record management. * **Judges and Magistrates:** * **Impact:** Judges and Magistrates are expected to comply with the directives outlined in the new practice rules. They are expected to be more thorough when issuing warrants, reviewing reports, and granting bail. * **Action Required:** Judges and Magistrates must follow the new requirements for documenting actions, verifying surety information, considering the financial capacity of the accused in setting bail amounts, handling juvenile offenders, and ensuring medical tests and protective measures for transgender persons in custody. They must monitor and enforce the new procedures. * **Police and Investigating Agencies:** * **Impact:** Police and investigating agencies are required to adhere to the established procedures for the preparation and submission of reports, complaints, and evidence. * **Action Required:** The police and other investigating agencies must comply with the new requirements for preparing and submitting reports, handling material objects, dealing with accused persons, and cooperating with the courts. They must ensure the validity and integrity of the evidence presented to the courts. * **Advocates:** * **Impact:** Advocates have to comply with new regulations concerning their presence and documentation requirements in court. * **Action Required:** Advocates need to follow the updated attestation and execution requirements for Vakalathnama.

Key Entities Referenced

Criminal Rules of Practice, 2019: A document outlining rules of practice for criminal courts. Code of Criminal Procedure, 1973: A reference to the central law governing criminal procedure in India. Provides context for many rules. High Court of Judicature at Madras: The High Court within whose jurisdiction these rules apply. Chennai: City in Tamil Nadu where the rules are applicable Puducherry: Union Territory to which some provisions apply.
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© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2019 [Price : Rs. 160.80 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 51A] CHENNAI, WEDNESDAY, DECEMBER 18, 2019 Markazhi 2, Vikari, Thiruvalluvar Aandu–2050 Part III—Section 2 (Supplement) NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. JUDICIAL NOTIFICATIONS THE CRIMINAL RULES OF PRACTICE, 2019 [1] DTP—III-2 (51A)2 12 THE CRIMINAL RULES OF PRACTICE, 2019 3. Definitions.−(1) In these Rules, unless there is anything No. SRO C-18/2019. repugnant in the subject or context,- In exercise of the powers conferred by Article 227 of the (a) “Code” means the “Code of Criminal Procedure, 1973 Constitution of India, section 477 of the Code of Criminal Procedure, (Central Act 2 of 1974)” as amended from time to time; 1973 (Central Act 2 of 1974) and of all other powers thereunto (b) "Court" means any Criminal Court as enumerated in enabling, the High Court of Judicature at Madras, with the previous section 6 of the Code excluding Executive Magistrates; approval of the Government of Tamil Nadu and the Government of (c) “Form” means a Form appended to these Rules; Union Territory of Puducherry, hereby makes the following Rules for the guidance of all Criminal Courts:− (d) “Government” means, wherever the context so requires, the Government of the State of Tamil Nadu or the CHAPTER - I Government of the Union Territory of Puducherry; (e) “The High Court” means the High Court of Judicature PRELIMINARY at Madras; 1. Short title, commencement and application.− (1) These (f) “Section” means the section of the Code; Rules may be called the Criminal Rules of Practice, 2019. (g) “Magistrate” shall include, if the context so requires, (2) They shall come into force with effect from 1st January, the Special Judges appointed under various enactments and 2020. who are empowered to take cognizance of offences directly. (3) They shall apply to all the criminal Courts within the (2) Words and expressions used herein and not defined in jurisdiction of the High Court of Judicature at Madras. sub-rule (1) shall have the same meaning assigned to them in the 2. Repeal and savings.− On the coming into force of these Code or in the Indian Penal Code, 1860 (Central Act XLV of 1860) or Rules, all previous Rules governing any matter dealt with or covered any other law for the time being in force. by these Rules shall stand repealed and all circulars previously issued shall cease to have effect to the extent to which such circulars are inconsistent with these Rules: 4. Sitting of Courts.− (1) The hours of sitting of Courts other than the High Court shall, as may from time to time, be determined Provided that, nothing contained in these Rules shall affect the by the High Court by an order in this behalf. validity of anything done, any action or decision taken or order passed under the previous Rules or Circulars before the commencement of these Rules.2 1 3 THE CRIMINAL RULES OF PRACTICE, 2019 3. Definitions.−(1) In these Rules, unless there is anything repugnant in the subject or context,- In exercise of the powers conferred by Article 227 of the (a) “Code” means the “Code of Criminal Procedure, 1973 Constitution of India, section 477 of the Code of Criminal Procedure, (Central Act 2 of 1974)” as amended from time to time; 1973 (Central Act 2 of 1974) and of all other powers thereunto (b) "Court" means any Criminal Court as enumerated in enabling, the High Court of Judicature at Madras, with the previous section 6 of the Code excluding Executive Magistrates; approval of the Government of Tamil Nadu and the Government of (c) “Form” means a Form appended to these Rules; Union Territory of Puducherry, hereby makes the following Rules for the guidance of all Criminal Courts:− (d) “Government” means, wherever the context so requires, the Government of the State of Tamil Nadu or the CHAPTER - I Government of the Union Territory of Puducherry; (e) “The High Court” means the High Court of Judicature PRELIMINARY at Madras; 1. Short title, commencement and application.− (1) These (f) “Section” means the section of the Code; Rules may be called the Criminal Rules of Practice, 2019. (g) “Magistrate” shall include, if the context so requires, (2) They shall come into force with effect from 1st January, the Special Judges appointed under various enactments and 2020. who are empowered to take cognizance of offences directly. (3) They shall apply to all the criminal Courts within the (2) Words and expressions used herein and not defined in jurisdiction of the High Court of Judicature at Madras. sub-rule (1) shall have the same meaning assigned to them in the 2. Repeal and savings.− On the coming into force of these Code or in the Indian Penal Code, 1860 (Central Act XLV of 1860) or Rules, all previous Rules governing any matter dealt with or covered any other law for the time being in force. by these Rules shall stand repealed and all circulars previously issued shall cease to have effect to the extent to which such circulars are inconsistent with these Rules: 4. Sitting of Courts.− (1) The hours of sitting of Courts other than the High Court shall, as may from time to time, be determined Provided that, nothing contained in these Rules shall affect the by the High Court by an order in this behalf. validity of anything done, any action or decision taken or order passed under the previous Rules or Circulars before the commencement of these Rules.3 4 4 Provided that if the circumstances so require, the Court may CHAPTER - II commence sitting before the time prescribed and continue until such MAGISTRATE COURTS hour as may be necessary. INVESTIGATION AND REMAND 5. Receipt of First Information Report and Occurrence (2) Sunday shall be deemed a dies non and no case shall be Report.− (1) The Judges and Magistrates receiving First Information heard and no judicial act formally announced or done on a Sunday. Reports and Occurrence Reports by prosecuting agencies, shall affix their full signature on each page, record the date and time of receipt on the first page and record their name and designation. The name or (3) Notwithstanding anything contained in sub-rules (1) and the number of the messenger shall also be noted. If the First (2), in case of absolute urgency, such as remand of accused, grant of Information Report/Occurrence Report is received by post, the bail in bailable offences and such other matters as may be specified in envelope shall be initialled and preserved. this behalf by the High Court, from time to time, the Magistrate or Court may pass orders on any holiday. (2) The Judges and Magistrates receiving Inquest Reports, post-mortem reports, statements and other documents from the (4) No Presiding Officer shall pass any judicial order in his prosecuting agencies shall put their initial on every page with date. Chamber, except in cases where orders are passed immediately after in camera hearings. (3) The receipt of the First Information Report or the Occurrence Report, as the case may be, shall be entered in the First Information Report Register immediately in consecutive numbers police station-wise without any gap in Administrative Form No.18 (Criminal Register No.18), which shall be maintained annually. First Information Reports/Occurrence Reports received after the Court hours or on holidays should be entered first in the First Information Report Register on the next working day. Pending First Information Reports of a year shall be brought forward in the register of the succeeding year.3 45 Provided that if the circumstances so require, the Court may CHAPTER - II commence sitting before the time prescribed and continue until such MAGISTRATE COURTS hour as may be necessary. INVESTIGATION AND REMAND 5. Receipt of First Information Report and Occurrence (2) Sunday shall be deemed a dies non and no case shall be Report.− (1) The Judges and Magistrates receiving First Information heard and no judicial act formally announced or done on a Sunday. Reports and Occurrence Reports by prosecuting agencies, shall affix their full signature on each page, record the date and time of receipt on the first page and record their name and designation. The name or (3) Notwithstanding anything contained in sub-rules (1) and the number of the messenger shall also be noted. If the First (2), in case of absolute urgency, such as remand of accused, grant of Information Report/Occurrence Report is received by post, the bail in bailable offences and such other matters as may be specified in envelope shall be initialled and preserved. this behalf by the High Court, from time to time, the Magistrate or Court may pass orders on any holiday. (2) The Judges and Magistrates receiving Inquest Reports, post-mortem reports, statements and other documents from the (4) No Presiding Officer shall pass any judicial order in his prosecuting agencies shall put their initial on every page with date. Chamber, except in cases where orders are passed immediately after in camera hearings. (3) The receipt of the First Information Report or the Occurrence Report, as the case may be, shall be entered in the First Information Report Register immediately in consecutive numbers police station-wise without any gap in Administrative Form No.18 (Criminal Register No.18), which shall be maintained annually. First Information Reports/Occurrence Reports received after the Court hours or on holidays should be entered first in the First Information Report Register on the next working day. Pending First Information Reports of a year shall be brought forward in the register of the succeeding year.56 6 6. Remand.− (1) No accused shall be placed under remand for writing to the accused, the Number of the appeal and the Court which the first time, unless he is produced physically. At the time of remand, issued the warrant. If the accused is committed to prison, the said the Judge/Magistrate shall see if there is any injury on the person of Court shall forthwith report the same to the Court which issued the the accused. Any such injury shall be recorded in the remand order warrant. and the remand warrant as well. It is permissible to make extensions of remand through the medium of electronic video linkage. (5) When an accused is produced for remand on his arrest, the Court shall furnish to the accused, a copy of the memorandum of (2) Where an accused is detained in hospital and if the Court arrest recorded by the arresting officer and if the accused has no is satisfied from the medical certificates/records that the accused is means to engage an advocate, he shall be informed by the Court that not in a position to be moved and produced before the Court he is entitled to legal assistance. concerned, the Judge / Magistrate shall proceed to the hospital, visit the accused and may remand or extend the remand period. Before (6) The Magistrate shall not grant remands to police custody, proceeding to the hospital for remand, the Judge/Magistrate shall unless they are satisfied that there is good ground for doing so. A inform the Superintendent of Prison concerned for facilitating the request for remand to police custody shall be accompanied by an prison officials to take the remand prisoner into custody. affidavit setting out briefly, the prior history of the investigation and the likelihood of further clues which the police expect to derive by having accused in custody, sworn by the investigating or other police (3) The Judge/ Magistrate may draw the actual conveyance officer, not below the rank of a Sub-Inspector of Police. The charges incurred by them on such trips, from their office Magistrate shall decide after perusal of the affidavit. He shall contingencies as provided in item II-(A) (2) of Appendix 7 to the personally see and satisfy himself about the accused being sound in Tamil Nadu Financial Code, Volume II. Such expenditure shall be mind and body before entrusting him to police custody and also at the classified as “Office Expenses” under “21. Administration of justice – end of the period of custody by questioning him whether, he had, in AE. Criminal Courts.” For Puducherry, the General Financial Rules, any way, been interfered with during the period of custody. Where the 2017 or the Delegation of Financial Powers Rules, 1978, as the case object of a remand is verification of the statement of an accused, he may be, shall be applicable. Such expenditure shall be classified as shall, whenever possible, be remanded to the charge of a Magistrate; travelling expenses under the respective head of account. and the period of remand shall be as short as possible. (4) When an accused is brought before a Court subordinate to (7) Whenever a Magistrate other than the Chief Judicial the High Court in execution of a warrant issued under section 390 of Magistrate/Chief Metropolitan Magistrate remands an accused person the Code, the Court, before committing him to prison, shall furnish in5 67 6. Remand.− (1) No accused shall be placed under remand for writing to the accused, the Number of the appeal and the Court which the first time, unless he is produced physically. At the time of remand, issued the warrant. If the accused is committed to prison, the said the Judge/Magistrate shall see if there is any injury on the person of Court shall forthwith report the same to the Court which issued the the accused. Any such injury shall be recorded in the remand order warrant. and the remand warrant as well. It is permissible to make extensions of remand through the medium of electronic video linkage. (5) When an accused is produced for remand on his arrest, the Court shall furnish to the accused, a copy of the memorandum of (2) Where an accused is detained in hospital and if the Court arrest recorded by the arresting officer and if the accused has no is satisfied from the medical certificates/records that the accused is means to engage an advocate, he shall be informed by the Court that not in a position to be moved and produced before the Court he is entitled to legal assistance. concerned, the Judge / Magistrate shall proceed to the hospital, visit the accused and may remand or extend the remand period. Before (6) The Magistrate shall not grant remands to police custody, proceeding to the hospital for remand, the Judge/Magistrate shall unless they are satisfied that there is good ground for doing so. A inform the Superintendent of Prison concerned for facilitating the request for remand to police custody shall be accompanied by an prison officials to take the remand prisoner into custody. affidavit setting out briefly, the prior history of the investigation and the likelihood of further clues which the police expect to derive by having accused in custody, sworn by the investigating or other police (3) The Judge/ Magistrate may draw the actual conveyance officer, not below the rank of a Sub-Inspector of Police. The charges incurred by them on such trips, from their office Magistrate shall decide after perusal of the affidavit. He shall contingencies as provided in item II-(A) (2) of Appendix 7 to the personally see and satisfy himself about the accused being sound in Tamil Nadu Financial Code, Volume II. Such expenditure shall be mind and body before entrusting him to police custody and also at the classified as “Office Expenses” under “21. Administration of justice – end of the period of custody by questioning him whether, he had, in AE. Criminal Courts.” For Puducherry, the General Financial Rules, any way, been interfered with during the period of custody. Where the 2017 or the Delegation of Financial Powers Rules, 1978, as the case object of a remand is verification of the statement of an accused, he may be, shall be applicable. Such expenditure shall be classified as shall, whenever possible, be remanded to the charge of a Magistrate; travelling expenses under the respective head of account. and the period of remand shall be as short as possible. (4) When an accused is brought before a Court subordinate to (7) Whenever a Magistrate other than the Chief Judicial the High Court in execution of a warrant issued under section 390 of Magistrate/Chief Metropolitan Magistrate remands an accused person the Code, the Court, before committing him to prison, shall furnish in78 8 to the custody of the police under section 167 of the Code, a copy of (11) When a transgender is arrested and produced before a the order of remand with the recorded reasons therefor shall be Magistrate, after passing the necessary orders in relation to his/her submitted within twenty four hours to the Chief Judicial Magistrate or remand, the Magistrate shall pass an order to conduct a medical test Chief Metropolitan Magistrate, as the case may be. on him/her by a competent medical officer not below the rank of District Medical Officer in order to ascertain his/her predominant sex orientation and obtain a medical report to that effect. Based on the (8) In computing the period of 15 days mentioned in said medical report, the Magistrate shall pass an order to detain sub-section (2) of section 167 or the first proviso to sub-section (2) him/her either in the Men Prison or Women Prison depending upon of section 309 of the Code, both the day on which the order of the predominant sex orientation, with a direction to the Prison remand is made and the day on which the accused is ordered to be authorities to provide necessary safeguards to ensure that no produced before the Court, should be included in Judicial Form Nos.14 inconvenience is caused to the transgender by the other inmates and and 25, respectively. vice versa. Until determination by the District Medical Officer, the transgender shall be admitted to the Government Hospital in the (9) When the accused is produced for remand, if it appears to prisoners' ward under security. the Judge/Magistrate that the accused is a juvenile, he shall record such opinion and forward him to the jurisdictional Juvenile Justice (12) When a woman accused, with her child of six years and Board for further orders. The Juvenile Justice Board shall act in below, is arrested and produced for remand, the Judge/Magistrate accordance with the provisions of the Juvenile Justice (Care and shall make all endeavour to hand over the custody of the child to any Protection of Children) Act, 2015 (Central Act 2 of 2016), as amended nearest relative and, if no such relative is available, he shall proceed from time to time. with the remand of the mother and specify about the child in the remand warrant. If the child is above six years of age, it shall be (10) Classification of under-trial political prisoners.− The handed over to any of its nearest relatives or the Child Welfare remanding Magistrates shall make the initial recommendation for Committee, as the case may be. classification of under-trial political prisoners in the special class to the Chief Judicial Magistrate in the mofussil or Chief Metropolitan (13) When an Investigating Officer produces an accused, who Magistrate in the city of Chennai, as the case may be, by whom the is said to have been involved in a crime, which took place not within recommendation shall be approved or reviewed. Such prisoners the State of Tamil Nadu or the Union Territory of Puducherry, as the recommended for classification in the special class shall be tentatively case may be, before a Judge/Magistrate with a prayer to grant a treated as belonging to that class until the orders of the Chief Judicial Transit Warrant for transmitting him out of the State of Tamil Nadu or Magistrate or Chief Metropolitan Magistrate concerned approving or the Union Territory of Puducherry and to produce him before the reviewing the recommendation is received.7 89 Judicial Form No. 8 to the custody of the police under section 167 of the Code, a copy of (11) When a transgender is arrested and produced before a [See Rule 29(19)] the order of remand with the recorded reasons therefor shall be Magistrate, after passing the necessary orders in relation to his/her submitted within twenty four hours to the Chief Judicial Magistrate or remand, the Magistrate shall pass an order to conduct a medical test Order requiring parties to put in written statements of their claims Chief Metropolitan Magistrate, as the case may be. on him/her by a competent medical officer not below the rank of (S.145(1), Cr.P.C.) District Medical Officer in order to ascertain his/her predominant sex In the Court of the …............... Magistrate of ….............. orientation and obtain a medical report to that effect. Based on the (8) In computing the period of 15 days mentioned in said medical report, the Magistrate shall pass an order to detaMiniscellaneous Case No.......... of 20.... sub-section (2) of section 167 or the first proviso to sub-section (2) him/her either in the Men Prison or Women Prison depending upon To of section 309 of the Code, both the day on which the order of the predominant sex orientation, with a direction to the Prison remand is made and the day on which the accused is ordered to be Whereas, it has been made to appear to me and I am satisfied for the reasons set out below authorities to provide necessary safeguards to ensure that no produced before the Court, should be included in Judicial Form Nos.14 that a dispute likely to cause a breach of the peace exists concerning …... situate within the local inconvenience is caused to the transgender by the other inmates and and 25, respectively. vice versa. Until determination by the Dliismtritics to fM meyd jiucraisl diOctfifoicn.e .r ,. .t h. e. . . I do hereby require you to attend at my Court in person or by transgender shall be admitted to the Government Hospital in the advocate within …...... days from the receipt of this notice and put in written statement of your (9) When the accused is produced for remand, if it appears to prisoners' ward under security. claim as respects the fact of actual possession of the property aforesaid. the Judge/Magistrate that the accused is a juvenile, he shall record such opinion and forward him to the jurisdictional Juvenile Justice (12) When a woman accused, with her chRileda soonf ss:ix years and Board for further orders. The Juvenile Justice Board shall act in below, is arrested and produced for remand, the Judge/Magistrate accordance with the provisions of the Juvenile Justice (Care and Given under my hand and the seal of the Court, this ..... day of ….........20...... shall make all endeavour to hand over the custody of the child to any Protection of Children) Act, 2015 (Central Act 2 of 2016), as amended nearest relative and, if no such relative is available, he shall proceed from time to time. with the remand of the mother and specify about the child in the (Seal) Magistrate remand warrant. If the child is above six years of age, it shall be (10) Classification of under-trial political prisoners.− The handed over to any of its nearest relatives or the Child Welfare remanding Magistrates shall make the initial recommendation for Committee, as the case may be. classification of under-trial political prisoners in the special class to the Chief Judicial Magistrate in the mofussil or Chief Metropolitan (13) When an Investigating Officer produces an accused, who Magistrate in the city of Chennai, as the case may be, by whom the is said to have been involved in a crime, which took place not within recommendation shall be approved or reviewed. Such prisoners the State of Tamil Nadu or the Union Territory of Puducherry, as the recommended for classification in the special class shall be tentatively case may be, before a Judge/Magistrate with a prayer to grant a treated as belonging to that class until the orders of the Chief Judicial Transit Warrant for transmitting him out of the State of Tamil Nadu or Magistrate or Chief Metropolitan Magistrate concerned approving or the Union Territory of Puducherry and to produce him before the reviewing the recommendation is received.190 10 jurisdictional Court, the Magistrate, subject to the provisions of 8. Recording of Dying Declaration.− (1) The Chief Judicial sections 80 and 81 of the Code, shall record the date, time and place Magistrate or the Chief Metropolitan Magistrate, as the case may be, of arrest and shall give a Transit Warrant in Judicial Form No.83 by from time to time, may nominate and notify in the notice board of the fixing a time for his production before the jurisdictional Court by Courts in the District, a Magistrate/Magistrates in the District to taking into account the distance between the Court in which Transit record dying declaration. Warrant is requested and the Court before which he is to be produced. The Magistrate shall also send a communication in Judicial (2) In cases of emergency, any Magistrate who has not been Form No.84 to the jurisdictional Court in this regard. nominated under sub-rule (1) may record a dying declaration on receipt of a request from the hospital or police or otherwise. (14) Sub-rules (1) to (13) shall apply to arrest by officers, other than police officers, who are empowered to arrest a person. (3) Before recording the declaration, the Magistrate shall disclose his identity to the declarant. The Magistrate shall ensure that 7. Procedure for arresting accused already in custody.− the police or the relatives of the declarant are not present at the time Without prejudice to sub-rule (2) of rule 519 of the Tamil Nadu Prison of recording the dying declaration. He shall satisfy himself that the Rules, 1983, an accused in judicial custody may be formally arrested declarant is mentally fit to make a declaration. He shall also put by police or other prosecuting agency in any other case by serving on simple questions to elicit answer from the declarant with a view to him, the grounds of his arrest in the office of the officer in-charge of knowing his state of mind and that he was not tutored or influenced the prison, countersigned by such officer and intimating the fact of to make such statement and should record the questions and such arrest to the Court which had remanded him to judicial custody answers, signs and gestures together with his own conclusion in the and also to the Court before which the latter case is pending. On such matter. He shall also obtain, whenever possible, a certificate from the intimation, the Court in which the latter case is pending, shall cause Medical Officer as to the mental condition of the declarant. production of the arrested accused before it under intimation to the Court on whose order he is in judicial custody. On production of the (4) The declaration should be taken down in the words of accused before the Court in which the latter case is pending, such declarant as far as possible. The Magistrate should try to gather from Court may remand him to police custody or judicial custody, as the the declarant, the particulars necessary for the identification of the case may be, under intimation to the Court on whose order he is persons referred to in the declaration. Every question put to the originally in judicial custody. declarant and every answer or sign or gesture made by him in reply shall be recorded.9 1110 jurisdictional Court, the Magistrate, subject to the provisions of 8. Recording of Dying Declaration.− (1) The Chief Judicial sections 80 and 81 of the Code, shall record the date, time and place Magistrate or the Chief Metropolitan Magistrate, as the case may be, of arrest and shall give a Transit Warrant in Judicial Form No.83 by from time to time, may nominate and notify in the notice board of the fixing a time for his production before the jurisdictional Court by Courts in the District, a Magistrate/Magistrates in the District to taking into account the distance between the Court in which Transit record dying declaration. Warrant is requested and the Court before which he is to be produced. The Magistrate shall also send a communication in Judicial (2) In cases of emergency, any Magistrate who has not been Form No.84 to the jurisdictional Court in this regard. nominated under sub-rule (1) may record a dying declaration on receipt of a request from the hospital or police or otherwise. (14) Sub-rules (1) to (13) shall apply to arrest by officers, other than police officers, who are empowered to arrest a person. (3) Before recording the declaration, the Magistrate shall disclose his identity to the declarant. The Magistrate shall ensure that 7. Procedure for arresting accused already in custody.− the police or the relatives of the declarant are not present at the time Without prejudice to sub-rule (2) of rule 519 of the Tamil Nadu Prison of recording the dying declaration. He shall satisfy himself that the Rules, 1983, an accused in judicial custody may be formally arrested declarant is mentally fit to make a declaration. He shall also put by police or other prosecuting agency in any other case by serving on simple questions to elicit answer from the declarant with a view to him, the grounds of his arrest in the office of the officer in-charge of knowing his state of mind and that he was not tutored or influenced the prison, countersigned by such officer and intimating the fact of to make such statement and should record the questions and such arrest to the Court which had remanded him to judicial custody answers, signs and gestures together with his own conclusion in the and also to the Court before which the latter case is pending. On such matter. He shall also obtain, whenever possible, a certificate from the intimation, the Court in which the latter case is pending, shall cause Medical Officer as to the mental condition of the declarant. production of the arrested accused before it under intimation to the Court on whose order he is in judicial custody. On production of the (4) The declaration should be taken down in the words of accused before the Court in which the latter case is pending, such declarant as far as possible. The Magistrate should try to gather from Court may remand him to police custody or judicial custody, as the the declarant, the particulars necessary for the identification of the case may be, under intimation to the Court on whose order he is persons referred to in the declaration. Every question put to the originally in judicial custody. declarant and every answer or sign or gesture made by him in reply shall be recorded.1112 12 (5) After the declaration is recorded, it shall be read over to the 9. Test Identification Parade.− (1) An application for declarant and his signature or thumb or finger impression obtained conduct of test identification parade, shall be made under section thereon, if possible, and then, the Magistrate shall sign the 54-A of the Code by the Investigating Officer, to the Court having statement. No police officer shall be allowed to be present before or jurisdiction. during recording of such statement. (2) On such application being made, the Court may direct the person so arrested to subject himself to test identification parade. (6) If the Magistrate does not know the language of the (3) The Court shall make a request to the Chief Metropolitan declarant, he may, if possible, engage a Translator or he shall record Magistrate/Chief Judicial Magistrate of the District to nominate a the same in an electronic device. Magistrate, other than the Magistrate who has jurisdiction of the case, to conduct the test identification parade. (7) After recording a dying declaration, the Magistrate shall arrange to take two photocopies of the same under his direct (4) Upon receipt of such request, the Chief Metropolitan supervision and certify them as true copies. The dying declaration in Magistrate/Chief Judicial Magistrate shall immediately pass orders original shall be sent in a sealed cover to the jurisdictional Court or nominating a Magistrate, other than the jurisdictional Magistrate, to Magistrate, as the case may be, through a special messenger or by conduct test identification parade and inform the same to the Registered Post with Acknowledgment Due. One such certified Magistrate so nominated and to the Investigating Officer. photocopy of the dying declaration shall be furnished by the Magistrate to the Investigating Officer of the case, free of cost, (5) The Magistrate so nominated shall conduct the test immediately, with a specific direction to use it only for the purpose of identification parade and after preparing the Test Identification Parade investigation and not to make its contents public until the report, he shall arrange to take two photocopies of the said report investigation is completed and final report filed. The other certified under his direct supervision and certify the same as true copies. photocopy of the dying declaration shall be kept in a sealed cover in the safe custody of the Magistrate. (6) He shall send the test identification parade report in original in a sealed cover to the jurisdictional Court through a special messenger or by Registered Post with Acknowledgment Due. (8) After the completion of the process, the Magistrate shall make necessary entries in Judicial Form No.11.11 1123 (5) After the declaration is recorded, it shall be read over to the 9. Test Identification Parade.− (1) An application for declarant and his signature or thumb or finger impression obtained conduct of test identification parade, shall be made under section thereon, if possible, and then, the Magistrate shall sign the 54-A of the Code by the Investigating Officer, to the Court having statement. No police officer shall be allowed to be present before or jurisdiction. during recording of such statement. (2) On such application being made, the Court may direct the person so arrested to subject himself to test identification parade. (6) If the Magistrate does not know the language of the (3) The Court shall make a request to the Chief Metropolitan declarant, he may, if possible, engage a Translator or he shall record Magistrate/Chief Judicial Magistrate of the District to nominate a the same in an electronic device. Magistrate, other than the Magistrate who has jurisdiction of the case, to conduct the test identification parade. (7) After recording a dying declaration, the Magistrate shall arrange to take two photocopies of the same under his direct (4) Upon receipt of such request, the Chief Metropolitan supervision and certify them as true copies. The dying declaration in Magistrate/Chief Judicial Magistrate shall immediately pass orders original shall be sent in a sealed cover to the jurisdictional Court or nominating a Magistrate, other than the jurisdictional Magistrate, to Magistrate, as the case may be, through a special messenger or by conduct test identification parade and inform the same to the Registered Post with Acknowledgment Due. One such certified Magistrate so nominated and to the Investigating Officer. photocopy of the dying declaration shall be furnished by the Magistrate to the Investigating Officer of the case, free of cost, (5) The Magistrate so nominated shall conduct the test immediately, with a specific direction to use it only for the purpose of identification parade and after preparing the Test Identification Parade investigation and not to make its contents public until the report, he shall arrange to take two photocopies of the said report investigation is completed and final report filed. The other certified under his direct supervision and certify the same as true copies. photocopy of the dying declaration shall be kept in a sealed cover in the safe custody of the Magistrate. (6) He shall send the test identification parade report in original in a sealed cover to the jurisdictional Court through a special messenger or by Registered Post with Acknowledgment Due. (8) After the completion of the process, the Magistrate shall make necessary entries in Judicial Form No.11.13 14 14 (7) One certified photocopy of the Test Identification Parade that he is under no obligation at all to make any statement; that he is report shall be furnished by the Magistrate to the Investigating Officer free to make a statement or refrain from making any statement; that of the case free of cost, immediately, with a specific direction to the it is not intended to take him as an approver and that anything said latter to use it only for the purpose of investigation and not to make by him will be taken down and thereafter, may be used as evidence its contents public, until the investigation is completed and final against him. report filed. (b) A Magistrate may also put such questions as he may consider necessary to assure himself that the accused is making the (8) The other certified photocopy of the Test Identification statement voluntarily. Parade report shall be kept in a sealed cover in the safe custody of (c) The questions put forth by the Magistrate as well as the the Magistrate. answers given by the accused shall be reduced to writing. (9) After the completion of the process, the Magistrate shall (4) If the accused person, after being so questioned, expresses make necessary entries in Judicial Form No.12. a desire to make a statement, the Magistrate shall give him, 10. Recording of Confession.− (1) The Investigating reasonable time for reflection which shall ordinarily be not less than Officer, when he has reason to believe that the accused is likely to 24 hours. confess to his guilt, may make a report to the Chief Judicial Magistrate of the District or the Chief Metropolitan Magistrate of the (5) When the accused person is produced or appears before the City, as the case may be, and the Chief Judicial Magistrate or the Magistrate after the expiry of the period so granted, he shall again Chief Metropolitan Magistrate, as the case may be, shall, thereafter, warn the accused that he is not bound to make any statement and nominate a Judicial Magistrate or a Metropolitan Magistrate, as the that any statement made by him may be used against him during the case may be, within his jurisdiction, other than the Magistrate having trial of the case. jurisdiction over the case, for the purpose of recording the confession of the accused. (2) When the accused volunteers to make a confession, he may (6) If the accused still desires to make a statement and the make a request either orally or in writing to the Magistrate having Magistrate has reason to believe that he is doing so voluntarily, the jurisdiction over the case and on such request, the said Magistrate Magistrate shall record the statement of the accused. shall record the confession. (3) (a) Before recording a confession statement, the Magistrate shall explain to the accused that he is before a Magistrate;13 1145 (7) One certified photocopy of the Test Identification Parade that he is under no obligation at all to make any statement; that he is report shall be furnished by the Magistrate to the Investigating Officer free to make a statement or refrain from making any statement; that of the case free of cost, immediately, with a specific direction to the it is not intended to take him as an approver and that anything said latter to use it only for the purpose of investigation and not to make by him will be taken down and thereafter, may be used as evidence its contents public, until the investigation is completed and final against him. report filed. (b) A Magistrate may also put such questions as he may consider necessary to assure himself that the accused is making the (8) The other certified photocopy of the Test Identification statement voluntarily. Parade report shall be kept in a sealed cover in the safe custody of (c) The questions put forth by the Magistrate as well as the the Magistrate. answers given by the accused shall be reduced to writing. (9) After the completion of the process, the Magistrate shall (4) If the accused person, after being so questioned, expresses make necessary entries in Judicial Form No.12. a desire to make a statement, the Magistrate shall give him, 10. Recording of Confession.− (1) The Investigating reasonable time for reflection which shall ordinarily be not less than Officer, when he has reason to believe that the accused is likely to 24 hours. confess to his guilt, may make a report to the Chief Judicial Magistrate of the District or the Chief Metropolitan Magistrate of the (5) When the accused person is produced or appears before the City, as the case may be, and the Chief Judicial Magistrate or the Magistrate after the expiry of the period so granted, he shall again Chief Metropolitan Magistrate, as the case may be, shall, thereafter, warn the accused that he is not bound to make any statement and nominate a Judicial Magistrate or a Metropolitan Magistrate, as the that any statement made by him may be used against him during the case may be, within his jurisdiction, other than the Magistrate having trial of the case. jurisdiction over the case, for the purpose of recording the confession of the accused. (2) When the accused volunteers to make a confession, he may (6) If the accused still desires to make a statement and the make a request either orally or in writing to the Magistrate having Magistrate has reason to believe that he is doing so voluntarily, the jurisdiction over the case and on such request, the said Magistrate Magistrate shall record the statement of the accused. shall record the confession. (3) (a) Before recording a confession statement, the Magistrate shall explain to the accused that he is before a Magistrate;1156 16 (7) The Magistrate shall record the statement of the accused in investigation and not to make its contents public until the Court and during Court hours, save for exceptional reasons to be investigation is completed and final report filed. The other certified recorded in writing. copy of the confession statement shall be kept in a sealed cover in safe custody of the Magistrate. (8) The Magistrate shall ensure that during the questioning of the accused and the recording of his statement, there are no police (13) After the completion of the process, the Magistrate shall officers in the vicinity. make necessary entries in Judicial Form No.13. (9) The accused person shall be questioned in the language 11. Recording of statement of victim/witness under known to him and the answer given by him shall be recorded in his section 164 of the Code.− (1) A statement of a witness/victim can own words, as far as possible. be recorded under section 164 of the Code only at the instance of the Investigating Officer of the case. (10) After recording the statement of the accused, the same shall be read out and explained to him in the language known to him (2) It is not necessary for the Investigating Officer to and the fact of having read the statement to the accused and the approach the Chief Metropolitan Magistrate/Chief Judicial Magistrate accused having admitted its correctness shall be recorded. with an application for nominating a Magistrate to record the statement of a witness/victim under section 164 of the Code. (11) The Magistrate shall thereafter append a certificate as (3) A Magistrate, whether he has got jurisdiction or not, to required by sub-section (4) of section 164 of the Code. inquire into or try the case, can record the statement of a witness/victim under section 164 of the Code, on the request of the (12) After recording the confession statement of an accused, Investigating Officer of the case. the Magistrate shall arrange to take two photocopies of the same under his direct supervision and certify the same as true copies. The (4) The Presiding Officer of a Special Court which has been confession statement in original shall be sent in a sealed cover to the empowered to take cognizance of an offence without there being a jurisdictional Court through a special messenger or by Registered Post need for committal, may also record the statement of a with Acknowledgment Due. One certified copy of the confession witness/victim under section 164 of the Code, on the request of the statement shall be immediately furnished to the Investigating Officer Investigating Officer. free of cost with a specific direction to use it only for the purpose of15 1167 (7) The Magistrate shall record the statement of the accused in investigation and not to make its contents public until the Court and during Court hours, save for exceptional reasons to be investigation is completed and final report filed. The other certified recorded in writing. copy of the confession statement shall be kept in a sealed cover in safe custody of the Magistrate. (8) The Magistrate shall ensure that during the questioning of the accused and the recording of his statement, there are no police (13) After the completion of the process, the Magistrate shall officers in the vicinity. make necessary entries in Judicial Form No.13. (9) The accused person shall be questioned in the language 11. Recording of statement of victim/witness under known to him and the answer given by him shall be recorded in his section 164 of the Code.− (1) A statement of a witness/victim can own words, as far as possible. be recorded under section 164 of the Code only at the instance of the Investigating Officer of the case. (10) After recording the statement of the accused, the same shall be read out and explained to him in the language known to him (2) It is not necessary for the Investigating Officer to and the fact of having read the statement to the accused and the approach the Chief Metropolitan Magistrate/Chief Judicial Magistrate accused having admitted its correctness shall be recorded. with an application for nominating a Magistrate to record the statement of a witness/victim under section 164 of the Code. (11) The Magistrate shall thereafter append a certificate as (3) A Magistrate, whether he has got jurisdiction or not, to required by sub-section (4) of section 164 of the Code. inquire into or try the case, can record the statement of a witness/victim under section 164 of the Code, on the request of the (12) After recording the confession statement of an accused, Investigating Officer of the case. the Magistrate shall arrange to take two photocopies of the same under his direct supervision and certify the same as true copies. The (4) The Presiding Officer of a Special Court which has been confession statement in original shall be sent in a sealed cover to the empowered to take cognizance of an offence without there being a jurisdictional Court through a special messenger or by Registered Post need for committal, may also record the statement of a with Acknowledgment Due. One certified copy of the confession witness/victim under section 164 of the Code, on the request of the statement shall be immediately furnished to the Investigating Officer Investigating Officer. free of cost with a specific direction to use it only for the purpose of18 1178 (5) After recording the statement of a witness/victim under (12) After the completion of the process, the Magistrate shall section 164 of the Code, the Judge/Magistrate shall arrange to take make necessary entries in Judicial Form No.13. two photocopies of such statement, under his direct supervision and certify the same as true copies. (6) He shall furnish one such certified photocopy of the statement to the Investigating Officer free of cost, immediately, with a specific direction to the latter to use it only for the purpose of investigation and not to make its contents public, until the investigation is completed and final report filed. (7) The other certified photocopy of such statement shall be kept in a sealed cover in the safe custody of the Judge/Magistrate. (8) If the Magistrate who had recorded the statement under section 164 of the Code is not the jurisdictional Magistrate, he shall send the original statement to the jurisdictional Court, either through a special messenger or by Registered Post with Acknowledgment Due. (9) If the Magistrate who had recorded the statement under section 164 of the Code is himself the jurisdictional Magistrate, he shall keep the original of the statement in the case records. (10) The Magistrate may also take the services of a Translator, if circumstances so require. (11) In the course of recording such statement, if the Magistrate finds that the statement is self incriminating, he shall not proceed to record further. Further, statement of such deponent should be recorded by following the procedure provided in rule 10.18 17 19 (5) After recording the statement of a witness/victim under (12) After the completion of the process, the Magistrate shall section 164 of the Code, the Judge/Magistrate shall arrange to take make necessary entries in Judicial Form No.13. two photocopies of such statement, under his direct supervision and certify the same as true copies. (6) He shall furnish one such certified photocopy of the statement to the Investigating Officer free of cost, immediately, with a specific direction to the latter to use it only for the purpose of investigation and not to make its contents public, until the investigation is completed and final report filed. (7) The other certified photocopy of such statement shall be kept in a sealed cover in the safe custody of the Judge/Magistrate. (8) If the Magistrate who had recorded the statement under section 164 of the Code is not the jurisdictional Magistrate, he shall send the original statement to the jurisdictional Court, either through a special messenger or by Registered Post with Acknowledgment Due. (9) If the Magistrate who had recorded the statement under section 164 of the Code is himself the jurisdictional Magistrate, he shall keep the original of the statement in the case records. (10) The Magistrate may also take the services of a Translator, if circumstances so require. (11) In the course of recording such statement, if the Magistrate finds that the statement is self incriminating, he shall not proceed to record further. Further, statement of such deponent should be recorded by following the procedure provided in rule 10.1290 20 CHAPTER - III 13. Surety.− An advocate shall not be accepted as surety, unless the accused is his blood relative. BAIL AND SURETIES 12. Bail in non-bailable cases.− (1) The power of admitting a prisoner to bail in a non-bailable offence is a matter of judicial 14. Verification of solvency of sureties.− (1) The discretion and not a ministerial act; and the main or prime responsibility for accepting the surety as solvent for the required consideration in the exercise of that discretion should be the amount is primarily that of the presiding officer of the Court and he likelihood of the prisoner failing to appear at the trial. Other factors should discharge it himself by making such summary enquiry as in requiring consideration are the seriousness of the offence, previous the circumstances of the case, he may think fit. conviction, if any, of the accused, abnormal conditions and necessity to take special precautions in particular cases. Bail should not be (2) The production of a solvency certificate from the Revenue refused nor prohibitive bail insisted upon, merely on the ground that Authorities is not always essential and may be insisted upon only in the police desire it, as such a decision may lead to grave injustice. A cases of doubt and cases involving large sums. Magistrate may, however, take into consideration the information supplied and the reports made by the police. The provisions of sections 437, 439 and 440 of the Code should be strictly adhered to (3) For the purpose of determining whether the surety is for the purpose of bail. solvent or not, the Court may, if it thinks fit, accept affidavits in proof of the facts contained therein relating to the solvency of the sureties, or may make such further inquiry as it deems necessary. (2) While ordering bail, the amount of the bond shall be fixed taking into account the financial capacity of the accused. (4) Insistence upon the possession of immovable property by surety for bond of small amounts not exceeding Rs.15,000/- would (3) The accused who are indigent and unable to furnish cause serious inconvenience to the accused in procuring a surety. The sureties may be released on their own bond after taking into Judge or Magistrate may, therefore, in suitable cases, where the consideration, the nature of the offence and the possibility of the amount of bond does not exceed Rs.15,000/-, assess the solvency of accused not absconding. the surety even upon the basis of his movable property and assets. The intending surety should present his application for suretyship in (4) Application for relief under section 438 of the Code shall Judicial Form No.46. The Head Ministerial Officer should check the be accompanied by a sworn affidavit of the applicant. proofs accompanying the applications and thereafter, place the matter before the Judge or Magistrate with his remarks. However, in the19 2201 CHAPTER - III 13. Surety.− An advocate shall not be accepted as surety, unless the accused is his blood relative. BAIL AND SURETIES 12. Bail in non-bailable cases.− (1) The power of admitting a prisoner to bail in a non-bailable offence is a matter of judicial 14. Verification of solvency of sureties.− (1) The discretion and not a ministerial act; and the main or prime responsibility for accepting the surety as solvent for the required consideration in the exercise of that discretion should be the amount is primarily that of the presiding officer of the Court and he likelihood of the prisoner failing to appear at the trial. Other factors should discharge it himself by making such summary enquiry as in requiring consideration are the seriousness of the offence, previous the circumstances of the case, he may think fit. conviction, if any, of the accused, abnormal conditions and necessity to take special precautions in particular cases. Bail should not be (2) The production of a solvency certificate from the Revenue refused nor prohibitive bail insisted upon, merely on the ground that Authorities is not always essential and may be insisted upon only in the police desire it, as such a decision may lead to grave injustice. A cases of doubt and cases involving large sums. Magistrate may, however, take into consideration the information supplied and the reports made by the police. The provisions of sections 437, 439 and 440 of the Code should be strictly adhered to (3) For the purpose of determining whether the surety is for the purpose of bail. solvent or not, the Court may, if it thinks fit, accept affidavits in proof of the facts contained therein relating to the solvency of the sureties, or may make such further inquiry as it deems necessary. (2) While ordering bail, the amount of the bond shall be fixed taking into account the financial capacity of the accused. (4) Insistence upon the possession of immovable property by surety for bond of small amounts not exceeding Rs.15,000/- would (3) The accused who are indigent and unable to furnish cause serious inconvenience to the accused in procuring a surety. The sureties may be released on their own bond after taking into Judge or Magistrate may, therefore, in suitable cases, where the consideration, the nature of the offence and the possibility of the amount of bond does not exceed Rs.15,000/-, assess the solvency of accused not absconding. the surety even upon the basis of his movable property and assets. The intending surety should present his application for suretyship in (4) Application for relief under section 438 of the Code shall Judicial Form No.46. The Head Ministerial Officer should check the be accompanied by a sworn affidavit of the applicant. proofs accompanying the applications and thereafter, place the matter before the Judge or Magistrate with his remarks. However, in the2212 22 Court of the Metropolitan Magistrate, if the amount of bond exceeds (v) Identity Card issued by the Government Authorities or the Public Statutory Corporations; Rs.15,000/-, the Head Ministerial Officer should check proofs and (vi) Any such document, which is ordinarily issued submit report to the Magistrate. The Judge or Magistrate should by an authority after due verification of the identity of the consider the application in the light of the proofs produced and person and his address, which the Judge or the Magistrate may think just and proper, in the interests of justice, by examine the surety personally and may also call for further and better recording specific reasons. proof. The Judge or Magistrate, after holding a summary enquiry, may pass an order either accepting the surety or rejecting the application. (6) Every surety shall submit two copies of the latest passport size photograph, which is not older than six months before the date of submission. In the event of the accused absconding, the Court shall (5) To avoid abscondence of accused due to furnishing of give one photograph to the police for tracing the surety. bogus surety bond by a stock surety, in addition to the proof as mentioned in sub-rule (4) of the format of application of surety, the surety, in all cases in which the offence is serious and the sentence (7) Accused surrendering before a Court for furnishing bond provided is of more than 7 years imprisonment or the cases under the on the order of the High Court/Sessions Court made under section special enactments like the Narcotic Drugs and Psychotropic 438 of the Code, shall affix his photograph in the surrender Substances Act, 1985 (Central Act 61 of 1985), the Scheduled Castes application and also submit his identification proof as stipulated above and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act for the surety. He shall also furnish at least two of his identification 33 of 1989), the Protection of Children from Sexual Offences Act, marks in the surrender application. 2012 (Central Act 32 of 2012), the Unlawful Activities (Prevention) Act, 1967 (Central Act 37 of 1967), the Prevention of Money (8) Orders of bail and suspension of sentence granted by Laundering Act, 2002 (Central Act 15 of 2003), etc. shall produce superior Courts shall be communicated by the said Courts via email, copy of at least one of the following documents:− officially, to the Court to the satisfaction of which, bond has been (i) Passport; directed to be executed, apart from the regular process. (ii) Identity Card issued by the Election Commission of India; (iii) Permanent Account Number Card, i.e., PAN (9) If the accused is not able to produce sureties, the Card issued by the Income Tax Department; Magistrate may act under section 445 of the Code. (iv) ATM/Debit Card or Credit Card issued by any nationalised or private bank of standing at the national level, 15. Determination of the sufficiency of bail.− When a Court having photograph of the holder thereon may be accepted in conjunction with any other authentic document like of Appeal or Revision orders the release on bail of a person who has telephone bill or electric bill as proof of residential address; been convicted or committed for trial, the question of the sufficiency21 2223 Court of the Metropolitan Magistrate, if the amount of bond exceeds (v) Identity Card issued by the Government Authorities or the Public Statutory Corporations; Rs.15,000/-, the Head Ministerial Officer should check proofs and (vi) Any such document, which is ordinarily issued submit report to the Magistrate. The Judge or Magistrate should by an authority after due verification of the identity of the consider the application in the light of the proofs produced and person and his address, which the Judge or the Magistrate may think just and proper, in the interests of justice, by examine the surety personally and may also call for further and better recording specific reasons. proof. The Judge or Magistrate, after holding a summary enquiry, may pass an order either accepting the surety or rejecting the application. (6) Every surety shall submit two copies of the latest passport size photograph, which is not older than six months before the date of submission. In the event of the accused absconding, the Court shall (5) To avoid abscondence of accused due to furnishing of give one photograph to the police for tracing the surety. bogus surety bond by a stock surety, in addition to the proof as mentioned in sub-rule (4) of the format of application of surety, the surety, in all cases in which the offence is serious and the sentence (7) Accused surrendering before a Court for furnishing bond provided is of more than 7 years imprisonment or the cases under the on the order of the High Court/Sessions Court made under section special enactments like the Narcotic Drugs and Psychotropic 438 of the Code, shall affix his photograph in the surrender Substances Act, 1985 (Central Act 61 of 1985), the Scheduled Castes application and also submit his identification proof as stipulated above and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act for the surety. He shall also furnish at least two of his identification 33 of 1989), the Protection of Children from Sexual Offences Act, marks in the surrender application. 2012 (Central Act 32 of 2012), the Unlawful Activities (Prevention) Act, 1967 (Central Act 37 of 1967), the Prevention of Money (8) Orders of bail and suspension of sentence granted by Laundering Act, 2002 (Central Act 15 of 2003), etc. shall produce superior Courts shall be communicated by the said Courts via email, copy of at least one of the following documents:− officially, to the Court to the satisfaction of which, bond has been (i) Passport; directed to be executed, apart from the regular process. (ii) Identity Card issued by the Election Commission of India; (iii) Permanent Account Number Card, i.e., PAN (9) If the accused is not able to produce sureties, the Card issued by the Income Tax Department; Magistrate may act under section 445 of the Code. (iv) ATM/Debit Card or Credit Card issued by any nationalised or private bank of standing at the national level, 15. Determination of the sufficiency of bail.− When a Court having photograph of the holder thereon may be accepted in conjunction with any other authentic document like of Appeal or Revision orders the release on bail of a person who has telephone bill or electric bill as proof of residential address; been convicted or committed for trial, the question of the sufficiency2234 24 of the bail shall, unless the Court of Appeal or Revision thinks fit itself (3) If for any reason, the Magistrate concerned entertains any to determine the sufficiency of the bail or security, be determined by doubt or suspicion over the sureties furnished, the Magistrate can such Court or Magistrate subordinate to it as the Court making the postpone the acceptance of sureties, but the affidavit furnished by the order may direct. sureties can be accepted in proof of the facts contained therein relating to the sufficiency or fitness of sureties and pass an order of interim bail and release the accused and on enquiry, if it is found by 16. Bail bond.− The Court authorized to test the sufficiency of the Magistrate concerned that the sureties furnished are insufficient, the bail or security shall, when satisfied as to the sufficiency of the then, the Magistrate may order the accused to find sufficient sureties security, forward to the officer in-charge of the prison in which the and on his failure to do so, may reject the sureties and remand him accused is confined, the bail bond in Judicial Form No.42. to custody. 17. Bail by a superior Court.− In cases where the sentence 19. Executed bail bond and remand warrant.− The officer has been suspended and bail ordered, the Court authorised to test in-charge of the prison shall send the executed bail bond with the the sufficiency of the bail or security shall, when satisfied as to the remand warrant to the Court concerned. sufficiency of the security, forward to the officer in-charge of the prison, the bail bond in Judicial Form No.42 and shall further, in cases 20. Determination of sufficiency of the security.− When an where bail has been ordered by a superior Court, report to that Court order to give security is made under section 106 or section 117 of the whether or not the bail has been furnished. Code, the question of the sufficiency of the security shall be determined by the Court or Magistrate by whom the order was made. 18. Accepting sureties when anticipatory bail is granted Provided that when an order to give security is made under by the High Court or Sessions Court.− (1) Whenever an section 106 of the Code by an Appellate Court, or by the High Court anticipatory bail order passed by the High Court or Sessions Court is when exercising powers of revision, the question of the sufficiency of produced for the purpose of acceptance of sureties or compliance, the the security shall, unless the said Court thinks fit itself to determine Magistrate concerned, shall go through the order of anticipatory bail the sufficiency of the security, be determined by such other Court or thoroughly and act in accordance with the directions made therein. Magistrate subordinate to it as it may direct. 21. Notice to the surety.− The notice to the surety under (2) Unless the anticipatory bail directs the accused to section 446 of the Code shall be issued in the form prescribed by the surrender or to file a surrender petition, it is not necessary for the Code. Magistrate concerned to entertain surrender or pass orders on the surrender petition.23 2245 of the bail shall, unless the Court of Appeal or Revision thinks fit itself (3) If for any reason, the Magistrate concerned entertains any to determine the sufficiency of the bail or security, be determined by doubt or suspicion over the sureties furnished, the Magistrate can such Court or Magistrate subordinate to it as the Court making the postpone the acceptance of sureties, but the affidavit furnished by the order may direct. sureties can be accepted in proof of the facts contained therein relating to the sufficiency or fitness of sureties and pass an order of interim bail and release the accused and on enquiry, if it is found by 16. Bail bond.− The Court authorized to test the sufficiency of the Magistrate concerned that the sureties furnished are insufficient, the bail or security shall, when satisfied as to the sufficiency of the then, the Magistrate may order the accused to find sufficient sureties security, forward to the officer in-charge of the prison in which the and on his failure to do so, may reject the sureties and remand him accused is confined, the bail bond in Judicial Form No.42. to custody. 17. Bail by a superior Court.− In cases where the sentence 19. Executed bail bond and remand warrant.− The officer has been suspended and bail ordered, the Court authorised to test in-charge of the prison shall send the executed bail bond with the the sufficiency of the bail or security shall, when satisfied as to the remand warrant to the Court concerned. sufficiency of the security, forward to the officer in-charge of the prison, the bail bond in Judicial Form No.42 and shall further, in cases 20. Determination of sufficiency of the security.− When an where bail has been ordered by a superior Court, report to that Court order to give security is made under section 106 or section 117 of the whether or not the bail has been furnished. Code, the question of the sufficiency of the security shall be determined by the Court or Magistrate by whom the order was made. 18. Accepting sureties when anticipatory bail is granted Provided that when an order to give security is made under by the High Court or Sessions Court.− (1) Whenever an section 106 of the Code by an Appellate Court, or by the High Court anticipatory bail order passed by the High Court or Sessions Court is when exercising powers of revision, the question of the sufficiency of produced for the purpose of acceptance of sureties or compliance, the the security shall, unless the said Court thinks fit itself to determine Magistrate concerned, shall go through the order of anticipatory bail the sufficiency of the security, be determined by such other Court or thoroughly and act in accordance with the directions made therein. Magistrate subordinate to it as it may direct. 21. Notice to the surety.− The notice to the surety under (2) Unless the anticipatory bail directs the accused to section 446 of the Code shall be issued in the form prescribed by the surrender or to file a surrender petition, it is not necessary for the Code. Magistrate concerned to entertain surrender or pass orders on the surrender petition.2256 26 22. Person not been released on bail or anticipatory CHAPTER - IV bail.− On the appearance of a person who has not been released on bail or anticipatory bail, the Court may obtain a bond with or without PROSECUTION sureties under section 88 of the Code in Judicial Form No.74. 25. Filing of final report by police and complaint by other investigation agencies.− (1) Final report by police and complaint 23. Person accused of a bailable offence not been by other investigation agencies shall normally be received on all released on bail.− On the appearance of a person accused of a working days at fixed hours by the Court having jurisdiction to receive bailable offence, on summons and who has not been released on bail them. On such receipt, the same shall be entered in the “Register of earlier in the case, the Court shall admit him to bail with or without Papers Received” in Administrative Form No.60 and in the First sureties under section 436 of the Code. Information Report Register in Administrative Form No.18 (Criminal Register No.18). In cases, where it is shown to the satisfaction of the Judge or Magistrate that the accused in detention in the case would 24. Person accused of a non-bailable offence not been become entitled to be released on compulsory bail under proviso to released on bail or anticipatory bail.− On the appearance, on section 167 of the Code if the final report or complaint is not filed summons, of a person accused of a non-bailable offence, who has not immediately, the Judge or Magistrate, as the case may be, shall been released on bail or anticipatory bail, the Court may obtain a receive the final report or complaint even on a holiday or beyond the bond in Judicial Form No.74, with or without sureties, in the event of working hours of the Court. not remanding the accused into custody. N.B.: (2) The officer-in-charge of the police station forwarding the (1) The Trial Courts are reminded that suspension of sentence final report of any investigation under sub-section (2) of section 173 under sub-section (3) of section 389 of the Code can be granted only if the accused is on bail at the time of judgment. of the Code, shall file in Court along with such report, as many copies of such report and also of the other documents mentioned in clauses (2) Every Trial Court and Appellate Court shall require an (ii), (iii) and (v) of section 207 of the Code as there are accused in accused to execute bail bonds with sureties, after arguments are the case. Whenever the Court accepts the photocopies of the heard, in Judicial Form No.75 under section 437-A of the Code and such bail bonds shall be in force for six months. documents certified by the Investigating Officer filed along with the final report, they shall be compared with the originals and certified by the Head Ministerial Officer and furnished to the accused to avoid delay and the case can be committed to the Court of Sessions or disposed of by the Trial Court, as the case may be.25 2267 22. Person not been released on bail or anticipatory CHAPTER - IV bail.− On the appearance of a person who has not been released on bail or anticipatory bail, the Court may obtain a bond with or without PROSECUTION sureties under section 88 of the Code in Judicial Form No.74. 25. Filing of final report by police and complaint by other investigation agencies.− (1) Final report by police and complaint 23. Person accused of a bailable offence not been by other investigation agencies shall normally be received on all released on bail.− On the appearance of a person accused of a working days at fixed hours by the Court having jurisdiction to receive bailable offence, on summons and who has not been released on bail them. On such receipt, the same shall be entered in the “Register of earlier in the case, the Court shall admit him to bail with or without Papers Received” in Administrative Form No.60 and in the First sureties under section 436 of the Code. Information Report Register in Administrative Form No.18 (Criminal Register No.18). In cases, where it is shown to the satisfaction of the Judge or Magistrate that the accused in detention in the case would 24. Person accused of a non-bailable offence not been become entitled to be released on compulsory bail under proviso to released on bail or anticipatory bail.− On the appearance, on section 167 of the Code if the final report or complaint is not filed summons, of a person accused of a non-bailable offence, who has not immediately, the Judge or Magistrate, as the case may be, shall been released on bail or anticipatory bail, the Court may obtain a receive the final report or complaint even on a holiday or beyond the bond in Judicial Form No.74, with or without sureties, in the event of working hours of the Court. not remanding the accused into custody. N.B.: (2) The officer-in-charge of the police station forwarding the (1) The Trial Courts are reminded that suspension of sentence final report of any investigation under sub-section (2) of section 173 under sub-section (3) of section 389 of the Code can be granted only if the accused is on bail at the time of judgment. of the Code, shall file in Court along with such report, as many copies of such report and also of the other documents mentioned in clauses (2) Every Trial Court and Appellate Court shall require an (ii), (iii) and (v) of section 207 of the Code as there are accused in accused to execute bail bonds with sureties, after arguments are the case. Whenever the Court accepts the photocopies of the heard, in Judicial Form No.75 under section 437-A of the Code and such bail bonds shall be in force for six months. documents certified by the Investigating Officer filed along with the final report, they shall be compared with the originals and certified by the Head Ministerial Officer and furnished to the accused to avoid delay and the case can be committed to the Court of Sessions or disposed of by the Trial Court, as the case may be.2278 28 (3) Nothing contained in these rules, shall, however, preclude (7) While receiving the final report, the Head Ministerial the police officer from making any request to the Court under sub- Officer shall verify whether the same is accompanied by the following section (6) of section 173 of the Code to exclude any part of any documents, wherever applicable:− statement recorded under section 161 of the Code from the copies to (i) First Information Report; be granted to the accused or the Court from excluding such part from (ii) Complaint or Statement of complainant; such copies. (iii) Charge sheet with memo of evidence; (iv) Statement of witnesses recorded under section 161 of the (4) Complaints filed by other investigating agencies and Code. Where the police have not recorded the statement private complaints shall be accompanied by as many copies of the of a particular witness, the same shall be specifically mentioned in the Memo of Evidence; complaint and relied upon documents as similar to the number of (v) Accident Register Copy with opinion of the doctor; accused in the case. (vi) Post-mortem Certificate; (5) Except cases arising under the Juvenile Justice (Care and (vii) Viscera Report; Protection of Children) Act, 2015 (Central Act 2 of 2016), the (viii) Biology Report; investigating officer shall take photograph of the accused in warrant (ix) Serology Report; cases by resorting to section 5 of the Identification of Prisoners Act, (x) Chemistry Report; 1920 (Central Act 33 of 1920) after identification parade, if required, (xi) Observation Mahazar; is held and then, submit the photographs along with the final report. (xii) Seizure Mahazar; Such photographs can be taken in the prison, if the accused is in (xiii) Police Form 91 (for Tamil Nadu) and Police Form 95 (for Puducherry) for seizure of properties; judicial custody, in the presence of the officer-in-charge of the prison, (xiv) Rough sketch; after obtaining orders from the Magistrate. Where the accused (xv) Photographs if the photographer has been cited as voluntarily gives his photograph, the Investigating Officer shall accept witness. Such photographs shall bear the certification under section 65-B of the Evidence Act; and submit the same along with the final report. (xvi) Confession statement of the accused recorded by the (6) Final report filed by police/complaint filed by other police; investigating agency shall not be returned even if they are defective. (xvii) Statement of the accused under section 164 of the Code recorded by the Court, if any; A separate memorandum should be issued to rectify the defect. If (xviii) Proceedings of the Test Identification Parade, if any; the defects are not rectified within three months, the Court shall (xix) Statement of witnesses under section 164 of the Code report the matter to the Commissioner of Police/Superintendent of recorded by the Court, if any; Police, as the case may be. In the absence of defects, the same shall (xx) Requisition given by the Inspector of Police for sending of properties for Chemical Analysis; be taken on file within three days from the date of receipt. (xxi) Office copy of the covering letter of Committal Court for sending the properties to laboratory as per the request of the police;27 2289 (3) Nothing contained in these rules, shall, however, preclude (7) While receiving the final report, the Head Ministerial the police officer from making any request to the Court under sub- Officer shall verify whether the same is accompanied by the following section (6) of section 173 of the Code to exclude any part of any documents, wherever applicable:− statement recorded under section 161 of the Code from the copies to (i) First Information Report; be granted to the accused or the Court from excluding such part from (ii) Complaint or Statement of complainant; such copies. (iii) Charge sheet with memo of evidence; (iv) Statement of witnesses recorded under section 161 of the (4) Complaints filed by other investigating agencies and Code. Where the police have not recorded the statement private complaints shall be accompanied by as many copies of the of a particular witness, the same shall be specifically mentioned in the Memo of Evidence; complaint and relied upon documents as similar to the number of (v) Accident Register Copy with opinion of the doctor; accused in the case. (vi) Post-mortem Certificate; (5) Except cases arising under the Juvenile Justice (Care and (vii) Viscera Report; Protection of Children) Act, 2015 (Central Act 2 of 2016), the (viii) Biology Report; investigating officer shall take photograph of the accused in warrant (ix) Serology Report; cases by resorting to section 5 of the Identification of Prisoners Act, (x) Chemistry Report; 1920 (Central Act 33 of 1920) after identification parade, if required, (xi) Observation Mahazar; is held and then, submit the photographs along with the final report. (xii) Seizure Mahazar; Such photographs can be taken in the prison, if the accused is in (xiii) Police Form 91 (for Tamil Nadu) and Police Form 95 (for Puducherry) for seizure of properties; judicial custody, in the presence of the officer-in-charge of the prison, (xiv) Rough sketch; after obtaining orders from the Magistrate. Where the accused (xv) Photographs if the photographer has been cited as voluntarily gives his photograph, the Investigating Officer shall accept witness. Such photographs shall bear the certification under section 65-B of the Evidence Act; and submit the same along with the final report. (xvi) Confession statement of the accused recorded by the (6) Final report filed by police/complaint filed by other police; investigating agency shall not be returned even if they are defective. (xvii) Statement of the accused under section 164 of the Code recorded by the Court, if any; A separate memorandum should be issued to rectify the defect. If (xviii) Proceedings of the Test Identification Parade, if any; the defects are not rectified within three months, the Court shall (xix) Statement of witnesses under section 164 of the Code report the matter to the Commissioner of Police/Superintendent of recorded by the Court, if any; Police, as the case may be. In the absence of defects, the same shall (xx) Requisition given by the Inspector of Police for sending of properties for Chemical Analysis; be taken on file within three days from the date of receipt. (xxi) Office copy of the covering letter of Committal Court for sending the properties to laboratory as per the request of the police;2390 30 (xxii) Requisition given by the Inspector of Police to conduct (a) no offence appears to have been committed; or post-mortem on the body of the deceased; (b) the offender is not known; or (xxiii) Inquest report with questionnaires; (c) no offence appears to have been committed by the person (xxiv) Material objects as per seizure mahazar, if any; or by any of the persons named in the First Information Report, (xxv) Alteration report, if any; (xxvi) Death intimation received from the hospital; the Court shall issue notice, in Judicial Form No.16, to the person on (xxvii) Dying declaration of the injured/deceased, if any; whose complaint, investigation is conducted or to any other aggrieved (xxviii) Sexual offence certificate; person deemed necessary by the Court to appear before the Court. (xxix) DNA Test report; and Such notice shall be served in the manner prescribed for the service (xxx) Community Certificate. of summons in the Code. P.S. (2) On appearance of the complainant or the aggrieved person, (i) Final Report should not be returned on the ground that item nos.(vii) as the case may be, a copy of the report of the Investigating Agency to (x) and (xxix) above have not been filed. Such report can be brought on record subsequently either under section 293 or 294 of the Code. shall be furnished to him free of cost and he shall be permitted to (ii) If such report reaches the Magistrate after the committal proceedings, obtain certified copies of the statements and other documents the same shall be sent immediately to the Sessions Court after furnishing a copy to the Investigating Officer, free of cost. submitted therewith to arrive at such an opinion. (8) On requisition by the investigating agency, if any expert (3) If the complainant/aggrieved person appears, the Court opinion is sought by the Court, the communication from the Court to shall, after hearing him,− the expert, shall specify that a copy of the report be sent to (i) accept the report and close the case; or investigating agency concerned. As and when the opinion of the (ii) order for further investigation; or expert is received directly by the Court, a photocopy of the same (iii) take cognizance of the offence. shall be furnished to the investigating agency, free of cost, if a copy of it has not been given to the investigating agency. (4) If the complainant/aggrieved person either fails to appear or (9) System generated final report filed by the police manually notice could not be served by available means, the Court may or electronically shall be accepted by the Court. proceed to pass orders on the report filed by the police in Judicial Form No.15. (10) In the final report and complaint, the e-mail id and mobile number of the complainant, witnesses and accused, if available, shall be furnished. (5) Cases of which a Magistrate has taken cognizance shall, in 26. Cognizance of the offence.− (1) Where a police report is the absence of a specific order of the Chief Metropolitan filed by the investigating agency in the Court which is empowered to Magistrate/Chief Judicial Magistrate to the contrary, be heard by the take cognizance of the offence that,− same Court.29 3301 (xxii) Requisition given by the Inspector of Police to conduct (a) no offence appears to have been committed; or post-mortem on the body of the deceased; (b) the offender is not known; or (xxiii) Inquest report with questionnaires; (c) no offence appears to have been committed by the person (xxiv) Material objects as per seizure mahazar, if any; or by any of the persons named in the First Information Report, (xxv) Alteration report, if any; (xxvi) Death intimation received from the hospital; the Court shall issue notice, in Judicial Form No.16, to the person on (xxvii) Dying declaration of the injured/deceased, if any; whose complaint, investigation is conducted or to any other aggrieved (xxviii) Sexual offence certificate; person deemed necessary by the Court to appear before the Court. (xxix) DNA Test report; and Such notice shall be served in the manner prescribed for the service (xxx) Community Certificate. of summons in the Code. P.S. (2) On appearance of the complainant or the aggrieved person, (i) Final Report should not be returned on the ground that item nos.(vii) as the case may be, a copy of the report of the Investigating Agency to (x) and (xxix) above have not been filed. Such report can be brought on record subsequently either under section 293 or 294 of the Code. shall be furnished to him free of cost and he shall be permitted to (ii) If such report reaches the Magistrate after the committal proceedings, obtain certified copies of the statements and other documents the same shall be sent immediately to the Sessions Court after furnishing a copy to the Investigating Officer, free of cost. submitted therewith to arrive at such an opinion. (8) On requisition by the investigating agency, if any expert (3) If the complainant/aggrieved person appears, the Court opinion is sought by the Court, the communication from the Court to shall, after hearing him,− the expert, shall specify that a copy of the report be sent to (i) accept the report and close the case; or investigating agency concerned. As and when the opinion of the (ii) order for further investigation; or expert is received directly by the Court, a photocopy of the same (iii) take cognizance of the offence. shall be furnished to the investigating agency, free of cost, if a copy of it has not been given to the investigating agency. (4) If the complainant/aggrieved person either fails to appear or (9) System generated final report filed by the police manually notice could not be served by available means, the Court may or electronically shall be accepted by the Court. proceed to pass orders on the report filed by the police in Judicial Form No.15. (10) In the final report and complaint, the e-mail id and mobile number of the complainant, witnesses and accused, if available, shall be furnished. (5) Cases of which a Magistrate has taken cognizance shall, in 26. Cognizance of the offence.− (1) Where a police report is the absence of a specific order of the Chief Metropolitan filed by the investigating agency in the Court which is empowered to Magistrate/Chief Judicial Magistrate to the contrary, be heard by the take cognizance of the offence that,− same Court.31 32 32 27. Appearance of Advocates.− (1) No person who is not (5) Every Advocate defending the accused person(s), who is/are enrolled as an Advocate under the Advocates Act, 1961 (Central Act not in custody, in a criminal proceeding in any Court shall file 25 of 1961), as amended from time to time, shall be permitted to vakalathnama containing his enrollment number, and address for plead in any proceeding except to prevent a possible miscarriage of service. justice and for reasons to be recorded in writing by the Court. Such permission shall be restricted to the conduct of the particular case (6) Every Vakalathnama shall be in Judicial Form No.72. and shall not operate as a general licence empowering the person so permitted to plead in all cases. (7) The execution of Vakalathnama shall be attested by a Gazetted Officer in the service of the Central Government or of any (2) Any person, who is not an Advocate, permitted under sub- State Government or of a Commissioned Officer in the Defence Forces rule (1), to plead, shall file in Court, a duly stamped power of of India or an Ambassador or Envoy duly accredited by or to the attorney from his Principal authorizing him to act as such. Central Government or an Advocate enrolled under the Advocates Act, 1961 (Central Act 25 of 1961) or a Notary Public or (3) Every Advocate appearing for the prosecution in any Court Commissioner of Oaths. other than the Advocate General, Government Advocate, Public Prosecutor, Additional Public Prosecutor, Special Public Prosecutor and (8) The authority attesting the vakalathnama shall certify that it Assistant Public Prosecutor, shall file a vakalathnama containing the has been duly executed in his presence and subscribe his signature enrollment number, address for service, e-mail id and mobile number. over his name and designation. When a vakalathnama is executed by a party who appears to the person before whom it is executed to be (4) Every Advocate defending an accused person in custody in a illiterate, blind or unacquainted with the language in which the criminal proceedings in any Court shall file a Memorandum of vakalathnama is written, the person shall certify that the Appearance containing his enrollment number, address for service, e- vakalathnama was read, translated and explained in his presence and mail id and mobile number and a declaration that he has been duly the executant's signature or thumb impression was affixed in his instructed to appear by or on behalf of the accused whom he claims presence. to represent. Such Memorandum of Appearance shall not be in force after the release of the accused from custody or on the accused (9) The execution of a vakalathnama by a person in custody giving vakalatnama, whilst in custody, to another advocate. Every may be attested by the Jailor, Station House Officer or other officer Memorandum of Appearance shall be in Judicial Form No.71. who is in-charge of the person in custody.31 3323 27. Appearance of Advocates.− (1) No person who is not (5) Every Advocate defending the accused person(s), who is/are enrolled as an Advocate under the Advocates Act, 1961 (Central Act not in custody, in a criminal proceeding in any Court shall file 25 of 1961), as amended from time to time, shall be permitted to vakalathnama containing his enrollment number, and address for plead in any proceeding except to prevent a possible miscarriage of service. justice and for reasons to be recorded in writing by the Court. Such permission shall be restricted to the conduct of the particular case (6) Every Vakalathnama shall be in Judicial Form No.72. and shall not operate as a general licence empowering the person so permitted to plead in all cases. (7) The execution of Vakalathnama shall be attested by a Gazetted Officer in the service of the Central Government or of any (2) Any person, who is not an Advocate, permitted under sub- State Government or of a Commissioned Officer in the Defence Forces rule (1), to plead, shall file in Court, a duly stamped power of of India or an Ambassador or Envoy duly accredited by or to the attorney from his Principal authorizing him to act as such. Central Government or an Advocate enrolled under the Advocates Act, 1961 (Central Act 25 of 1961) or a Notary Public or (3) Every Advocate appearing for the prosecution in any Court Commissioner of Oaths. other than the Advocate General, Government Advocate, Public Prosecutor, Additional Public Prosecutor, Special Public Prosecutor and (8) The authority attesting the vakalathnama shall certify that it Assistant Public Prosecutor, shall file a vakalathnama containing the has been duly executed in his presence and subscribe his signature enrollment number, address for service, e-mail id and mobile number. over his name and designation. When a vakalathnama is executed by a party who appears to the person before whom it is executed to be (4) Every Advocate defending an accused person in custody in a illiterate, blind or unacquainted with the language in which the criminal proceedings in any Court shall file a Memorandum of vakalathnama is written, the person shall certify that the Appearance containing his enrollment number, address for service, e- vakalathnama was read, translated and explained in his presence and mail id and mobile number and a declaration that he has been duly the executant's signature or thumb impression was affixed in his instructed to appear by or on behalf of the accused whom he claims presence. to represent. Such Memorandum of Appearance shall not be in force after the release of the accused from custody or on the accused (9) The execution of a vakalathnama by a person in custody giving vakalatnama, whilst in custody, to another advocate. Every may be attested by the Jailor, Station House Officer or other officer Memorandum of Appearance shall be in Judicial Form No.71. who is in-charge of the person in custody.3334 34 (15) It is permissible for the advocates to generate the prescribed Vakalath Form and Memorandum of Appearance Form (10) Every vakalathnama shall contain an endorsement of the containing their ID card number issued by the Bar Council. Advocate in whose favour it is executed that it has been accepted by him and he shall indicate his Bar Council Enrollment number together with his address for service. If more than one advocate is named in 28. Complaint.− (1) The complaint shall be presented to the the vakalathnama, it shall be accepted by all such Advocates but the Magistrate by the party in person or through his authorised Power address for service may be of any one of them. Agent. (11) Every Advocate appearing on behalf of an accused who has been exempted from personal appearance under section 205 of the (2) The complainant shall present, along with the complaint, Code shall file a special vakalathnama in Judicial Form No.73. as many copies of the complaint as similar to the number of accused (12) Every Memorandum of Appearance filed by the counsel shall persons complained against. be accompanied with a clear photocopy of the Identity Card issued by the Bar Council. If more than one advocate is on record, it would (3) Complaints made orally by persons unable to write, suffice if any of them furnishes the copy of the Identity Card issued should be reduced into writing in the presence of, and under the by the Bar Council. direction of, the Magistrate and read over or interpreted to the party (13) Notwithstanding the termination of the proceedings before making them. the Court concerned, the appointment of an advocate shall be deemed to authorise him to appear or to make an application or do any act in connection with getting copies of judgments and other (4) When a complaint in writing is presented, the Judge or documents. Magistrate, as the case may be, shall subscribe his initials and date thereon and the date seal of the Court shall also be affixed. (14) A vakalatnama shall be invalid,− (a) on the demise of the party; or (b) on the demise of the advocate; or (5) Every Court shall maintain a separate Complaint Register in (c) on the revocation by the advocate; or Judicial Form No.10 and shall record the receipt of every complaint (d) on the order of the Court on an application made by other than the complaint filed by other investigating agency. the party seeking leave to change the advocate or to appear in person.33 3345 (15) It is permissible for the advocates to generate the prescribed Vakalath Form and Memorandum of Appearance Form (10) Every vakalathnama shall contain an endorsement of the containing their ID card number issued by the Bar Council. Advocate in whose favour it is executed that it has been accepted by him and he shall indicate his Bar Council Enrollment number together with his address for service. If more than one advocate is named in 28. Complaint.− (1) The complaint shall be presented to the the vakalathnama, it shall be accepted by all such Advocates but the Magistrate by the party in person or through his authorised Power address for service may be of any one of them. Agent. (11) Every Advocate appearing on behalf of an accused who has been exempted from personal appearance under section 205 of the (2) The complainant shall present, along with the complaint, Code shall file a special vakalathnama in Judicial Form No.73. as many copies of the complaint as similar to the number of accused (12) Every Memorandum of Appearance filed by the counsel shall persons complained against. be accompanied with a clear photocopy of the Identity Card issued by the Bar Council. If more than one advocate is on record, it would (3) Complaints made orally by persons unable to write, suffice if any of them furnishes the copy of the Identity Card issued should be reduced into writing in the presence of, and under the by the Bar Council. direction of, the Magistrate and read over or interpreted to the party (13) Notwithstanding the termination of the proceedings before making them. the Court concerned, the appointment of an advocate shall be deemed to authorise him to appear or to make an application or do any act in connection with getting copies of judgments and other (4) When a complaint in writing is presented, the Judge or documents. Magistrate, as the case may be, shall subscribe his initials and date thereon and the date seal of the Court shall also be affixed. (14) A vakalatnama shall be invalid,− (a) on the demise of the party; or (b) on the demise of the advocate; or (5) Every Court shall maintain a separate Complaint Register in (c) on the revocation by the advocate; or Judicial Form No.10 and shall record the receipt of every complaint (d) on the order of the Court on an application made by other than the complaint filed by other investigating agency. the party seeking leave to change the advocate or to appear in person.3356 36 (6) Where the Court passes an order under sub-section (3) of CHAPTER - V section 156 of the Code for investigation by the police, the Court shall SUMMONS AND WARRANT forward the original complaint with a copy of the order to the police 29. Summons.− (1) Summons issued to witnesses shall and retain the copy of the complaint and the order in original and ordinarily be signed by the Head Ministerial Officer. The words "//By shall also make an entry in the Complaint Register. order of the Court//” shall invariably be prefixed to the signature of the Head Ministerial Officer in such cases. (7) Matters not involving a trial or enquiry, but, involving merely the collection of amounts recoverable as fines, shall not be filed as (2) Judges and Magistrates shall themselves sign summons to regular cases and should be entered directly in the Register of accused persons. Such summons shall contain the penal provisions of distress warrants. which the Court or Magistrate has taken cognizance. Note: Summons under sub-rules (1) and (2) shall be in Form (8) Every complaint under any enactment governing the Local No.33 and Form No.1 of the Code, respectively. Body, shall contain particulars of the fee or other sum of money leviable from accused and the rule or bye-law under which such (3) Where proceedings have been initiated upon a complaint, amount is assessed. including a complaint by public servant, a copy of the complaint shall accompany the summons. (9) As soon as orders to issue process have been passed upon a complaint, it shall be sent to the Head Ministerial Officer of the Court (4) Every summons shall state the date, time and place in who will furnish the complainant with a notice, showing the amount of which the case to which it relates, will be heard. fees to be paid in Court fee stamps and the last date of filing or paying them. (5) In all summonses issued by Court, the prefix Thiru/Tmt/Selvi/Thirunangai/Thirunambi, as the case may be, shall be (10) Where a process fee is paid after the date fixed for added before the name of the person summoned. payment, but, before the complaint is dismissed under sub-section (4) of section 204 of the Code, a petition to excuse delay giving reasons for such delay shall be filed along with the notice and the (6) Witness Summons to Public Servants, including Police, Magistrate may pass such orders on the petition as he deems fit. Medical Officers, Surgeons and Experts should be served directly and the fact shall be intimated to the Head of their Department. In cases35 3367 (6) Where the Court passes an order under sub-section (3) of CHAPTER - V section 156 of the Code for investigation by the police, the Court shall SUMMONS AND WARRANT forward the original complaint with a copy of the order to the police 29. Summons.− (1) Summons issued to witnesses shall and retain the copy of the complaint and the order in original and ordinarily be signed by the Head Ministerial Officer. The words "//By shall also make an entry in the Complaint Register. order of the Court//” shall invariably be prefixed to the signature of the Head Ministerial Officer in such cases. (7) Matters not involving a trial or enquiry, but, involving merely the collection of amounts recoverable as fines, shall not be filed as (2) Judges and Magistrates shall themselves sign summons to regular cases and should be entered directly in the Register of accused persons. Such summons shall contain the penal provisions of distress warrants. which the Court or Magistrate has taken cognizance. Note: Summons under sub-rules (1) and (2) shall be in Form (8) Every complaint under any enactment governing the Local No.33 and Form No.1 of the Code, respectively. Body, shall contain particulars of the fee or other sum of money leviable from accused and the rule or bye-law under which such (3) Where proceedings have been initiated upon a complaint, amount is assessed. including a complaint by public servant, a copy of the complaint shall accompany the summons. (9) As soon as orders to issue process have been passed upon a complaint, it shall be sent to the Head Ministerial Officer of the Court (4) Every summons shall state the date, time and place in who will furnish the complainant with a notice, showing the amount of which the case to which it relates, will be heard. fees to be paid in Court fee stamps and the last date of filing or paying them. (5) In all summonses issued by Court, the prefix Thiru/Tmt/Selvi/Thirunangai/Thirunambi, as the case may be, shall be (10) Where a process fee is paid after the date fixed for added before the name of the person summoned. payment, but, before the complaint is dismissed under sub-section (4) of section 204 of the Code, a petition to excuse delay giving reasons for such delay shall be filed along with the notice and the (6) Witness Summons to Public Servants, including Police, Magistrate may pass such orders on the petition as he deems fit. Medical Officers, Surgeons and Experts should be served directly and the fact shall be intimated to the Head of their Department. In cases3378 38 of their absence from their Station, summons shall be served through (11) Where the Police is not able to serve summons, it shall be the Head of the Department. returned to the Court on the date mentioned in the summons together with an affidavit sworn by the police concerned detailing the steps taken by him for effecting service on the witness or accused, as (7) Special care shall be taken by the Court before any witness the case may be. summons is issued to a medical witness and other expert and a convenient date be fixed to avoid unnecessary postponement of their examination. If more than one Medical Officer of the same hospital is (12) In cases instituted otherwise than on police report by cited as a witness in a case, only one may, as far as possible, be public servant, Courts may issue summons in duplicate to the accused summoned at a time. persons and witnesses for service through the public servant concerned. Where the public servant is unable to serve the summons despite due diligence, he shall return the same to the Court on the (8) No witness summons shall be issued to an expert date mentioned in the summons together with an affidavit detailing enumerated in section 293 of the Code without an order of Court the steps taken for effecting service of the summons. specially made in this regard. The Court shall ensure that the time fixed for the examination of such witness is adhered to and that the absence of the witness from his duties is as brief as possible. (13) In cases instituted on private complaints by persons other than public servants, sufficient number of copies of complaint for service on each accused together with duly stamped envelopes and (9) The particulars of the person examined by the Doctor, the acknowledgement cards/proof of delivery bearing the address of the date on which he appeared at the hospital and the number of the accused persons as shown in the complaint for the purpose of Wound Certificate, Accident Register or Post-mortem Certificate, as despatching the same by Speed Post with proof of delivery or the case may be, shall be mentioned, whenever possible, in the Registered Post with Acknowledgment Due, shall be filed with the summons to medical witnesses. process memorandum. The Head Ministerial Officer of the Court shall affix the address of the Court on the envelope and acknowledgment (10) The Court may issue summons to official witnesses card, and despatch the summons and a copy of the complaint to the through Heads of Departments in cases where their present address addressee through the tapal section of the Court. 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.37 3389 of their absence from their Station, summons shall be served through (11) Where the Police is not able to serve summons, it shall be the Head of the Department. returned to the Court on the date mentioned in the summons together with an affidavit sworn by the police concerned detailing the steps taken by him for effecting service on the witness or accused, as (7) Special care shall be taken by the Court before any witness the case may be. summons is issued to a medical witness and other expert and a convenient date be fixed to avoid unnecessary postponement of their examination. If more than one Medical Officer of the same hospital is (12) In cases instituted otherwise than on police report by cited as a witness in a case, only one may, as far as possible, be public servant, Courts may issue summons in duplicate to the accused summoned at a time. persons and witnesses for service through the public servant concerned. Where the public servant is unable to serve the summons despite due diligence, he shall return the same to the Court on the (8) No witness summons shall be issued to an expert date mentioned in the summons together with an affidavit detailing enumerated in section 293 of the Code without an order of Court the steps taken for effecting service of the summons. specially made in this regard. The Court shall ensure that the time fixed for the examination of such witness is adhered to and that the absence of the witness from his duties is as brief as possible. (13) In cases instituted on private complaints by persons other than public servants, sufficient number of copies of complaint for service on each accused together with duly stamped envelopes and (9) The particulars of the person examined by the Doctor, the acknowledgement cards/proof of delivery bearing the address of the date on which he appeared at the hospital and the number of the accused persons as shown in the complaint for the purpose of Wound Certificate, Accident Register or Post-mortem Certificate, as despatching the same by Speed Post with proof of delivery or the case may be, shall be mentioned, whenever possible, in the Registered Post with Acknowledgment Due, shall be filed with the summons to medical witnesses. process memorandum. The Head Ministerial Officer of the Court shall affix the address of the Court on the envelope and acknowledgment (10) The Court may issue summons to official witnesses card, and despatch the summons and a copy of the complaint to the through Heads of Departments in cases where their present address addressee through the tapal section of the Court. 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.39 40 40 (14) The procedure set out in sub-rule (12) shall be applicable public servant who has laid the complaint or by Registered Post with to proceedings under Chapter IX of the Code, other miscellaneous Acknowledgment Due. Under no circumstances, they should be sent cases and miscellaneous petitions as the Court may direct. to the Presiding Officer of the House for service on Members. (18) Summons for the appearance as witness of the Presiding Officer of a House of Parliament or of a State Legislature or the (15) When the serving officer delivers or tenders the summons Chairman of a Committee thereto or of any other person who is, in to the person summoned or to his agent or other person on his the opinion of the Court, entitled to such mark of consideration, shall behalf, he shall require the signature of the person to whom the be in Judicial Form No.2. summons is delivered or tendered and obtain an acknowledgment of service endorsed on the duplicate with time and date. Where the summons is served on the agent or other person, his name and (19) Order requiring parties to put in written statements of their address shall be written on the duplicate. In the case of illiterate claims under sub-section (1) of section 145 of the Code shall be in persons, their thumb impression shall be taken and attested by a Judicial Form No.8. witness. In cases where the summons is despatched by Registered Post with Acknowledgment Due/Speed Post with proof of delivery, the (20) In addition to other modes of service, including other service of the envelope on the addressee or any other person on his recognised electronic modes, the Court may issue summons to the e- behalf may, in the opinion of the Court, be declared to be duly served. mail address of the accused and witness, if available. 30. Summons for production of document.− (1) Every (16) Summons intended to be served upon personnel belonging application for summons for production of a document shall be made to Armed Forces, Para Military Forces or any person residing outside by a verified petition setting out.− the State of Tamil Nadu or Union Territory of Puducherry, as the case (i) the document, the production of which is believed to be may be, shall be either in English or be accompanied by a translation available; thereof in English. Such summons should also state that the return of service or report of non-service, if not in English language, shall be (ii) the Authority or Person in whose custody the document is accompanied by English Translation certified by the Court to which it available; and has been transmitted for service. Such summons may be served (iii) the relevancy of the document. through the respective battalion head. (2) Unless the Court requires the production of the original, (17) All summonses intended to be served on Members of every such summons to a public officer other than a Court, shall state Parliament or of State Legislature shall be sent through police or the that he may produce, instead of the original, a copy certified in the39 4401 (14) The procedure set out in sub-rule (12) shall be applicable public servant who has laid the complaint or by Registered Post with to proceedings under Chapter IX of the Code, other miscellaneous Acknowledgment Due. Under no circumstances, they should be sent cases and miscellaneous petitions as the Court may direct. to the Presiding Officer of the House for service on Members. (18) Summons for the appearance as witness of the Presiding Officer of a House of Parliament or of a State Legislature or the (15) When the serving officer delivers or tenders the summons Chairman of a Committee thereto or of any other person who is, in to the person summoned or to his agent or other person on his the opinion of the Court, entitled to such mark of consideration, shall behalf, he shall require the signature of the person to whom the be in Judicial Form No.2. summons is delivered or tendered and obtain an acknowledgment of service endorsed on the duplicate with time and date. Where the summons is served on the agent or other person, his name and (19) Order requiring parties to put in written statements of their address shall be written on the duplicate. In the case of illiterate claims under sub-section (1) of section 145 of the Code shall be in persons, their thumb impression shall be taken and attested by a Judicial Form No.8. witness. In cases where the summons is despatched by Registered Post with Acknowledgment Due/Speed Post with proof of delivery, the (20) In addition to other modes of service, including other service of the envelope on the addressee or any other person on his recognised electronic modes, the Court may issue summons to the e- behalf may, in the opinion of the Court, be declared to be duly served. mail address of the accused and witness, if available. 30. Summons for production of document.− (1) Every (16) Summons intended to be served upon personnel belonging application for summons for production of a document shall be made to Armed Forces, Para Military Forces or any person residing outside by a verified petition setting out.− the State of Tamil Nadu or Union Territory of Puducherry, as the case (i) the document, the production of which is believed to be may be, shall be either in English or be accompanied by a translation available; thereof in English. Such summons should also state that the return of service or report of non-service, if not in English language, shall be (ii) the Authority or Person in whose custody the document is accompanied by English Translation certified by the Court to which it available; and has been transmitted for service. Such summons may be served (iii) the relevancy of the document. through the respective battalion head. (2) Unless the Court requires the production of the original, (17) All summonses intended to be served on Members of every such summons to a public officer other than a Court, shall state Parliament or of State Legislature shall be sent through police or the that he may produce, instead of the original, a copy certified in the4412 42 manner prescribed by section 76 of the Evidence Act, 1872 (Central Court is satisfied that the production of the original is necessary, the Act 1 of 1872). party shall be required to obtain and file certified copies thereof and original shall not be sent for. (3) No Court shall issue summons for production of the original, unless it considers its production of original is necessary. The Court (7) When a Court finds it necessary to require the production of shall, in such case, record its reasons in writing. the records of another Court, it shall address a letter of request to the Presiding Officer of that Court. (4) Nothing in the above rules shall prevent a Court of its own motion from issuing a summons for the production of public records (8) Summons for production of documents or things shall be in or other documents in the custody of a public officer if it thinks it Form No.33 of the Code. necessary to meet the ends of justice to do so after recording the reasons. 31. Warrant.− (1) The warrant shall bear the signature of the Presiding Officer of the Court and the seal of the Court. Use of (5) On production of the document in original in obedience to facsimile stamps for signing warrant is prohibited. Warrant of arrest the summons, the Court, unless it thinks it necessary to retain the shall be in Form No.2 of the Code. original, shall direct a photocopy to be made by the Copyist Department of the Court and after certifying the photocopy to be a (2) No warrant of arrest shall be issued unless the Court, for true copy of the original, return the original to the person who has reasons to be recorded in writing, deems it absolutely necessary. produced, under due acknowledgment in Judicial Form No.57. Explanation. − Where documents or things, which are required to be (3) In cases instituted otherwise than on police report by a produced, are in the custody of Parliament or State Legislature, the public servant, the Court may direct the warrant of arrest to such summons shall specify that the production of the documents or things public servant for execution, who may take the aid of police. before the Court through any authorized officer shall be deemed to be sufficient compliance. (4) Every Court shall maintain a Process Register in Administrative Form No.13 (Criminal Register No.13) and the Court (6) An application for the production of a document or record and Police shall follow the instructions appended to the Form. Every from the custody of a Court shall specify the particulars of the Court shall also maintain a Register of non-bailable warrants issued to document or record and the Court in whose custody it is. Unless the41 4423 manner prescribed by section 76 of the Evidence Act, 1872 (Central Court is satisfied that the production of the original is necessary, the Act 1 of 1872). party shall be required to obtain and file certified copies thereof and original shall not be sent for. (3) No Court shall issue summons for production of the original, unless it considers its production of original is necessary. The Court (7) When a Court finds it necessary to require the production of shall, in such case, record its reasons in writing. the records of another Court, it shall address a letter of request to the Presiding Officer of that Court. (4) Nothing in the above rules shall prevent a Court of its own motion from issuing a summons for the production of public records (8) Summons for production of documents or things shall be in or other documents in the custody of a public officer if it thinks it Form No.33 of the Code. necessary to meet the ends of justice to do so after recording the reasons. 31. Warrant.− (1) The warrant shall bear the signature of the Presiding Officer of the Court and the seal of the Court. Use of (5) On production of the document in original in obedience to facsimile stamps for signing warrant is prohibited. Warrant of arrest the summons, the Court, unless it thinks it necessary to retain the shall be in Form No.2 of the Code. original, shall direct a photocopy to be made by the Copyist Department of the Court and after certifying the photocopy to be a (2) No warrant of arrest shall be issued unless the Court, for true copy of the original, return the original to the person who has reasons to be recorded in writing, deems it absolutely necessary. produced, under due acknowledgment in Judicial Form No.57. Explanation. − Where documents or things, which are required to be (3) In cases instituted otherwise than on police report by a produced, are in the custody of Parliament or State Legislature, the public servant, the Court may direct the warrant of arrest to such summons shall specify that the production of the documents or things public servant for execution, who may take the aid of police. before the Court through any authorized officer shall be deemed to be sufficient compliance. (4) Every Court shall maintain a Process Register in Administrative Form No.13 (Criminal Register No.13) and the Court (6) An application for the production of a document or record and Police shall follow the instructions appended to the Form. Every from the custody of a Court shall specify the particulars of the Court shall also maintain a Register of non-bailable warrants issued to document or record and the Court in whose custody it is. Unless the4434 44 police stations in Administrative Form No. 14 (Criminal Register arrest, detention or conviction and the place of detention or No.14). imprisonment of the member in Judicial Form No.79 in respect of arrest and in Judicial Form No.80 in respect of conviction. (5) A Police Officer or public servant shall obtain the warrant of (9) When a Member of the Lok Sabha/Rajya Sabha/Legislative arrest from the Court after affixing his signature with his name, Assembly is arrested and after conviction, released on bail pending an designation, office address and date in the Process Register referred appeal or otherwise released, such fact also shall be intimated to the to in sub-rule (4). Speaker/Chairman/Speaker by the authority concerned in Judicial Form No.81. (6) 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 arrest 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 its issue, the Court may direct a superior officer to execute the said warrant. (8) When a Member of the Lok Sabha/Rajya Sabha/Legislative Assembly is arrested on a criminal charge or for a criminal offence or is sentenced to imprisonment by a Court or is detained under an executive order, the committing Judge/Magistrate or Executive authority, as the case may be, shall immediately intimate such fact to the Speaker / Chairman / Speaker indicating the reasons for the43 4445 police stations in Administrative Form No. 14 (Criminal Register arrest, detention or conviction and the place of detention or No.14). imprisonment of the member in Judicial Form No.79 in respect of arrest and in Judicial Form No.80 in respect of conviction. (5) A Police Officer or public servant shall obtain the warrant of (9) When a Member of the Lok Sabha/Rajya Sabha/Legislative arrest from the Court after affixing his signature with his name, Assembly is arrested and after conviction, released on bail pending an designation, office address and date in the Process Register referred appeal or otherwise released, such fact also shall be intimated to the to in sub-rule (4). Speaker/Chairman/Speaker by the authority concerned in Judicial Form No.81. (6) 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 arrest 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 its issue, the Court may direct a superior officer to execute the said warrant. (8) When a Member of the Lok Sabha/Rajya Sabha/Legislative Assembly is arrested on a criminal charge or for a criminal offence or is sentenced to imprisonment by a Court or is detained under an executive order, the committing Judge/Magistrate or Executive authority, as the case may be, shall immediately intimate such fact to the Speaker / Chairman / Speaker indicating the reasons for the4456 46 CHAPTER - VI (4) While splitting up the case as referred to in sub-rule (3), the Court shall assign a fresh number to the split up case relating to the ABSCONDING ACCUSED absconding accused and enter the same in the relevant register of 32. Cases of Absconding accused.− (1) Where the Court has the current year. The Court shall also indicate the number of the issued process for the appearance of an accused and the same could parent case in brackets wherever the fresh case number is not be served and if the Court is satisfied from the affidavit referred mentioned. to in sub-rule (11) of rule 29 and/or report under sub-rule (7) of rule 31 that the accused is in abscondence, the Court may, after having waited for a reasonable time, proceed under section 82 of the Code, (5) The Court shall record the evidence of the witnesses in notwithstanding the power of the Court to record evidence under the split up case under section 299 of the Code simultaneously while section 299 of the Code. Before recording evidence under section recording the evidence in the parent case. It is not necessary for the 299 of the Code, the Court shall record a finding that it has been Court to complete the proclamation proceedings under section 82 of proved that the accused person has absconded and there is no the Code for recording evidence under section 299 of the Code immediate prospect of arresting him. against the absconding accused. (2) If a case referred to under sub-rule (1) involves a single (6) While recording the evidence of witnesses under section 299 accused against whom proceedings have been initiated under section of the Code, the Court may take as many copies as it deems 82 of the Code, the Court shall shift the case from the relevant necessary for the purpose of furnishing to the absconding accused as Register to the Register of Long Pending Cases in Administrative Form and when they appear or are produced before the Court. No.30 (Criminal Register No.30). (7) The copies of the records of the original case including (3) When there are two or more accused in a case and only depositions of the witnesses and exhibits duly attested by the some of them have appeared or have been produced before the Court presiding officer of the Court shall be filed in the split up case. and if the Court is satisfied that the presence of other accused cannot be secured within a reasonable time, having due regard to the right of (8) When a Sessions Case is split up by the trial Court, the such of the accused in attendance to have the case against them same shall be immediately reported to the Court of Session and the enquired into or tried without delay, the Court may split up the case if Court of Session shall assign a number to the split up case, enter the it is satisfied that such splitting up will cause no prejudice either to same in the Sessions Register and communicate the number to the the prosecution or to the accused in attendance and proceed with the trial Court forthwith. enquiry or trial as regards the accused who are in attendance.45 4467 CHAPTER - VI (4) While splitting up the case as referred to in sub-rule (3), the Court shall assign a fresh number to the split up case relating to the ABSCONDING ACCUSED absconding accused and enter the same in the relevant register of 32. Cases of Absconding accused.− (1) Where the Court has the current year. The Court shall also indicate the number of the issued process for the appearance of an accused and the same could parent case in brackets wherever the fresh case number is not be served and if the Court is satisfied from the affidavit referred mentioned. to in sub-rule (11) of rule 29 and/or report under sub-rule (7) of rule 31 that the accused is in abscondence, the Court may, after having waited for a reasonable time, proceed under section 82 of the Code, (5) The Court shall record the evidence of the witnesses in notwithstanding the power of the Court to record evidence under the split up case under section 299 of the Code simultaneously while section 299 of the Code. Before recording evidence under section recording the evidence in the parent case. It is not necessary for the 299 of the Code, the Court shall record a finding that it has been Court to complete the proclamation proceedings under section 82 of proved that the accused person has absconded and there is no the Code for recording evidence under section 299 of the Code immediate prospect of arresting him. against the absconding accused. (2) If a case referred to under sub-rule (1) involves a single (6) While recording the evidence of witnesses under section 299 accused against whom proceedings have been initiated under section of the Code, the Court may take as many copies as it deems 82 of the Code, the Court shall shift the case from the relevant necessary for the purpose of furnishing to the absconding accused as Register to the Register of Long Pending Cases in Administrative Form and when they appear or are produced before the Court. No.30 (Criminal Register No.30). (7) The copies of the records of the original case including (3) When there are two or more accused in a case and only depositions of the witnesses and exhibits duly attested by the some of them have appeared or have been produced before the Court presiding officer of the Court shall be filed in the split up case. and if the Court is satisfied that the presence of other accused cannot be secured within a reasonable time, having due regard to the right of (8) When a Sessions Case is split up by the trial Court, the such of the accused in attendance to have the case against them same shall be immediately reported to the Court of Session and the enquired into or tried without delay, the Court may split up the case if Court of Session shall assign a number to the split up case, enter the it is satisfied that such splitting up will cause no prejudice either to same in the Sessions Register and communicate the number to the the prosecution or to the accused in attendance and proceed with the trial Court forthwith. enquiry or trial as regards the accused who are in attendance.4478 48 (9) Sub-rules (1) to (8) shall apply, as far as may be, to cases CHAPTER - VII where an accused person has appeared, but, has subsequently absconded. PRELIMINARY ENQUIRIES (COMMITTAL PROCEEDINGS) 33. Committal proceedings.− (1) When it appears to the Magistrate that the offence is exclusively triable by the Court of Session, he shall cause the copies of the statements and other documents be furnished to the accused as provided in section 207 or section 208 of the Code. After the Magistrate is personally satisfied that all the copies of statements and other documents as specified in the said sections are supplied, the Magistrate shall commit the case to the Court of Session under section 209 of the Code. While committing the case for trial before a Court of Session, the Magistrate shall place with the record, a statement of the case in Administrative Form No.33 (Criminal Register No.33). (2) No preliminary inquiry is required to be held and no charge is to be framed by the Magistrate while committing the accused to the Court of Session under section 209 of the Code. (3) It is not necessary to give reasons for committing the case to the Court of Session, however, the formal order should be passed by the Magistrate committing the case to the Court of Session under section 209 of the Code.47 4489 (9) Sub-rules (1) to (8) shall apply, as far as may be, to cases CHAPTER - VII where an accused person has appeared, but, has subsequently absconded. PRELIMINARY ENQUIRIES (COMMITTAL PROCEEDINGS) 33. Committal proceedings.− (1) When it appears to the Magistrate that the offence is exclusively triable by the Court of Session, he shall cause the copies of the statements and other documents be furnished to the accused as provided in section 207 or section 208 of the Code. After the Magistrate is personally satisfied that all the copies of statements and other documents as specified in the said sections are supplied, the Magistrate shall commit the case to the Court of Session under section 209 of the Code. While committing the case for trial before a Court of Session, the Magistrate shall place with the record, a statement of the case in Administrative Form No.33 (Criminal Register No.33). (2) No preliminary inquiry is required to be held and no charge is to be framed by the Magistrate while committing the accused to the Court of Session under section 209 of the Code. (3) It is not necessary to give reasons for committing the case to the Court of Session, however, the formal order should be passed by the Magistrate committing the case to the Court of Session under section 209 of the Code.49 50 50 (4) Where it appears to the Magistrate that there is a case part of the records. Necessary entries shall be made in the Registers and counter case, of which, one is triable by the Court of Session and mentioned in rule 58. The expenses for the same may be borne from the other is triable by the Magistrate, he shall commit the latter case the contingent fund of the Court. also to the Court of Session under section 323 of the Code and shall record reasons for such commitment. (c) The valuable properties received by any Court from another Court may also be verified with the aid of an independent appraiser at (5) The record of the case and documents should be properly the discretion of the receiving officer. arranged and submitted to the Court of Session. (d) The weight of the valuables should be noted against each of (6) When any case is committed for trial before the Court of the items in the property register in red ink and the valuables should Session, a descriptive list of any weapons, or other articles or be sent to the nearest treasury for safe custody: property connected with the case, shall form part of the record. If a Provided that where in the opinion of the presiding officer, in any property has been entrusted to the custody of any person under particular case, it would be more convenient to have the valuables in section 451 of the Code for safe custody, the same shall also be the iron safe of the Sessions Court, the Presiding Officer may keep mentioned in the list. them in his custody in the Court. (7) (a) Where it is not practicable to send the properties with (8) In order to avoid harassment to the accused, it should be the records as laid down under clause (c) of section 209 of the Code, the endeavour of every Magistrate to dispose of committal the committal Magistrate may retain the properties. The Court of proceedings as expeditiously as possible and in any event, within a Session to which the case has been committed, shall call for the period not exceeding two months from the date of submission of the properties as soon as taking cognizance under section 193 of the charge sheet. Magistrates should report to the Chief Metropolitan Code and receive the same, if he decides to try the case. Where the Magistrate or Chief Judicial Magistrate, as the case may be, the case is made over by the Principal Sessions Judge, the trial Court reasons for not disposing of the committal proceedings within the shall call for the properties from the committal Court and receive the period of two months. The Chief Metropolitan Magistrate or the Chief same immediately. Judicial Magistrate, as the case may be, should then satisfy himself as (b) The valuable properties received by any Court at the first to whether the reasons stated are satisfactory and whether the instance, shall be photographed, verified with the assistance of an Magistrate should be allowed extension of time. He should then issue independent appraiser, certified by the presiding officer and shall form such instructions to the Magistrate as he deems proper.49 5501 (4) Where it appears to the Magistrate that there is a case part of the records. Necessary entries shall be made in the Registers and counter case, of which, one is triable by the Court of Session and mentioned in rule 58. The expenses for the same may be borne from the other is triable by the Magistrate, he shall commit the latter case the contingent fund of the Court. also to the Court of Session under section 323 of the Code and shall record reasons for such commitment. (c) The valuable properties received by any Court from another Court may also be verified with the aid of an independent appraiser at (5) The record of the case and documents should be properly the discretion of the receiving officer. arranged and submitted to the Court of Session. (d) The weight of the valuables should be noted against each of (6) When any case is committed for trial before the Court of the items in the property register in red ink and the valuables should Session, a descriptive list of any weapons, or other articles or be sent to the nearest treasury for safe custody: property connected with the case, shall form part of the record. If a Provided that where in the opinion of the presiding officer, in any property has been entrusted to the custody of any person under particular case, it would be more convenient to have the valuables in section 451 of the Code for safe custody, the same shall also be the iron safe of the Sessions Court, the Presiding Officer may keep mentioned in the list. them in his custody in the Court. (7) (a) Where it is not practicable to send the properties with (8) In order to avoid harassment to the accused, it should be the records as laid down under clause (c) of section 209 of the Code, the endeavour of every Magistrate to dispose of committal the committal Magistrate may retain the properties. The Court of proceedings as expeditiously as possible and in any event, within a Session to which the case has been committed, shall call for the period not exceeding two months from the date of submission of the properties as soon as taking cognizance under section 193 of the charge sheet. Magistrates should report to the Chief Metropolitan Code and receive the same, if he decides to try the case. Where the Magistrate or Chief Judicial Magistrate, as the case may be, the case is made over by the Principal Sessions Judge, the trial Court reasons for not disposing of the committal proceedings within the shall call for the properties from the committal Court and receive the period of two months. The Chief Metropolitan Magistrate or the Chief same immediately. Judicial Magistrate, as the case may be, should then satisfy himself as (b) The valuable properties received by any Court at the first to whether the reasons stated are satisfactory and whether the instance, shall be photographed, verified with the assistance of an Magistrate should be allowed extension of time. He should then issue independent appraiser, certified by the presiding officer and shall form such instructions to the Magistrate as he deems proper.5512 52 CHAPTER - VIII (9) (a) When a Magistrate commits the accused to the AFFIDAVITS Court of Session, he should question the accused as to whether he 34. Affidavits.− (1) Every affidavit shall be drawn up in the desires to make his own arrangement for his defence in the Sessions first person and be divided into paragraphs and shall be numbered Court or whether arrangement should be made by the Sessions Court consecutively; each paragraph, as nearly as may be, shall be confined to engage an advocate on his behalf. In the latter case, the to a distinct portion of the subject matter. Magistrate should, while committing the case for trial, intimate the (2) Every affidavit shall state the full name, age, description Sessions Court accordingly. and place of abode of the deponent and shall be signed or marked by (b) If the accused is not to be represented by an advocate, him. The description shall include the father's or husband's or the Magistrate should inquire from the authorities or from other mother's names and such other particulars, as may be necessary, to source as to whether the accused has sufficient means to engage an identify the person. advocate. The Magistrate should report the result of his inquiry to the (3) When an affidavit covers more than one sheet of paper, the Court of Session, as early as possible after the commitment to enable writing shall be on both sides of the sheet and the deponent shall sign the Court of Session to assign a defence advocate at the expense of his name or affix his mark at the foot of each page of the affidavit. State under section 304 of the Code. (4) Alterations, erasures and interlineation shall, before an affidavit is sworn or affirmed, be authenticated by the person before (10) When two or more persons are accused of the same whom the affidavit is signed or marked. No affidavit having therein offence or of the offences arising out of the same transaction, the any alteration, erasure or interlineation not so authenticated shall, Magistrate should not convict some and commit others to the Court of except with the leave of the Court, be filled or made use of in any Session. If any one of the accused is charged with an offence beyond manner. the jurisdiction of the Magistrate or with one which, in the opinion of (5) The person before whom the affidavit is sworn or affirmed the Magistrate, ought to be tried by the Court of Session, all the shall state the date on which and the place where the same is made accused persons implicated, against whom there is prima facie and sign under his name and designation at the end; otherwise, the evidence, should be committed for trial. same shall not be filed or read in any manner without the leave of the Court. (11) In sending up the list of witnesses in cases committed to (6) Where an affidavit is sworn or affirmed by any person who Courts of Session, the Magistrate shall note how each witness has appears to the person authenticating the affidavit to be illiterate, been classified by him under the rules for the payment of the visually impaired or unacquainted with the language in which the expenses of witnesses. affidavit is written, the person authenticating shall certify that the51 5523 CHAPTER - VIII (9) (a) When a Magistrate commits the accused to the AFFIDAVITS Court of Session, he should question the accused as to whether he 34. Affidavits.− (1) Every affidavit shall be drawn up in the desires to make his own arrangement for his defence in the Sessions first person and be divided into paragraphs and shall be numbered Court or whether arrangement should be made by the Sessions Court consecutively; each paragraph, as nearly as may be, shall be confined to engage an advocate on his behalf. In the latter case, the to a distinct portion of the subject matter. Magistrate should, while committing the case for trial, intimate the (2) Every affidavit shall state the full name, age, description Sessions Court accordingly. and place of abode of the deponent and shall be signed or marked by (b) If the accused is not to be represented by an advocate, him. The description shall include the father's or husband's or the Magistrate should inquire from the authorities or from other mother's names and such other particulars, as may be necessary, to source as to whether the accused has sufficient means to engage an identify the person. advocate. The Magistrate should report the result of his inquiry to the (3) When an affidavit covers more than one sheet of paper, the Court of Session, as early as possible after the commitment to enable writing shall be on both sides of the sheet and the deponent shall sign the Court of Session to assign a defence advocate at the expense of his name or affix his mark at the foot of each page of the affidavit. State under section 304 of the Code. (4) Alterations, erasures and interlineation shall, before an affidavit is sworn or affirmed, be authenticated by the person before (10) When two or more persons are accused of the same whom the affidavit is signed or marked. No affidavit having therein offence or of the offences arising out of the same transaction, the any alteration, erasure or interlineation not so authenticated shall, Magistrate should not convict some and commit others to the Court of except with the leave of the Court, be filled or made use of in any Session. If any one of the accused is charged with an offence beyond manner. the jurisdiction of the Magistrate or with one which, in the opinion of (5) The person before whom the affidavit is sworn or affirmed the Magistrate, ought to be tried by the Court of Session, all the shall state the date on which and the place where the same is made accused persons implicated, against whom there is prima facie and sign under his name and designation at the end; otherwise, the evidence, should be committed for trial. same shall not be filed or read in any manner without the leave of the Court. (11) In sending up the list of witnesses in cases committed to (6) Where an affidavit is sworn or affirmed by any person who Courts of Session, the Magistrate shall note how each witness has appears to the person authenticating the affidavit to be illiterate, been classified by him under the rules for the payment of the visually impaired or unacquainted with the language in which the expenses of witnesses. affidavit is written, the person authenticating shall certify that the54 5534 affidavit was read, explained and translated by him or in his presence CHAPTER - IX to the deponent, that the deponent seemed to understand it and EXAMINATION OF WITNESS ON OATH AND AFFIRMATIONS made his signature or mark in the presence of the person authenticating it; otherwise the affidavit shall not be valid. 35. Swearing in of witnesses.− Subject to the provisions of (7) Identification of deponent.− (i) If the deponent of an the Oaths Act, 1969 (Central Act 44 of 1969), every witness and affidavit is not known to the person authenticating the same, the every interpreter shall take an oath or make an affirmation before he identity of the deponent shall be caused to be testified by any person is examined or called upon to interpret. known to him who shall attest the signature or mark of the deponent in token thereof. 36. Officer administering oath.− The oath to witnesses and (ii) Where the deponent is a pardanashin lady, she shall be interpreters shall be administered in open Court by the Presiding identified by a person who knows her and that person shall verify the Officer or by such other person empowered by him in this behalf or identification by a separate affidavit. where the witness is examined on commissions by the Commissioner. (8) Documents mentioned in and accompanying an affidavit shall be marked in the same manner as exhibits admitted by the Court. 37. Form of Oath.− (1) The following shall be the form of oath to be taken by the witness: (9) Every affidavit stating any matter of opinion shall show the qualification of the deponent to express such opinion, by "I do swear in the name of God that what I shall state shall be the truth, the whole truth reference to the length of experience, acquaintance with the person and nothing but truth". or matter as to which the opinion is expressed or other means of knowledge of the deponent. (2) Witness who objects to make an oath may solemnly affirm (10) Every affidavit shall clearly express how much is a in the following form: statement of the deponent's knowledge and how much is a statement "I do solemnly affirm to my conscience that of his belief. The grounds of belief must be stated with sufficient what I shall state shall be the truth, the whole particularity to enable the Court to judge whether it would be safe to truth and nothing but truth". act upon the deponent's belief. (11) The Court may, at any time, direct the deponent to attend to be cross-examined on his affidavit if required so by the adverse party.54 53 55 affidavit was read, explained and translated by him or in his presence CHAPTER - IX to the deponent, that the deponent seemed to understand it and EXAMINATION OF WITNESS ON OATH AND AFFIRMATIONS made his signature or mark in the presence of the person authenticating it; otherwise the affidavit shall not be valid. 35. Swearing in of witnesses.− Subject to the provisions of (7) Identification of deponent.− (i) If the deponent of an the Oaths Act, 1969 (Central Act 44 of 1969), every witness and affidavit is not known to the person authenticating the same, the every interpreter shall take an oath or make an affirmation before he identity of the deponent shall be caused to be testified by any person is examined or called upon to interpret. known to him who shall attest the signature or mark of the deponent in token thereof. 36. Officer administering oath.− The oath to witnesses and (ii) Where the deponent is a pardanashin lady, she shall be interpreters shall be administered in open Court by the Presiding identified by a person who knows her and that person shall verify the Officer or by such other person empowered by him in this behalf or identification by a separate affidavit. where the witness is examined on commissions by the Commissioner. (8) Documents mentioned in and accompanying an affidavit shall be marked in the same manner as exhibits admitted by the Court. 37. Form of Oath.− (1) The following shall be the form of oath to be taken by the witness: (9) Every affidavit stating any matter of opinion shall show the qualification of the deponent to express such opinion, by "I do swear in the name of God that what I shall state shall be the truth, the whole truth reference to the length of experience, acquaintance with the person and nothing but truth". or matter as to which the opinion is expressed or other means of knowledge of the deponent. (2) Witness who objects to make an oath may solemnly affirm (10) Every affidavit shall clearly express how much is a in the following form: statement of the deponent's knowledge and how much is a statement "I do solemnly affirm to my conscience that of his belief. The grounds of belief must be stated with sufficient what I shall state shall be the truth, the whole particularity to enable the Court to judge whether it would be safe to truth and nothing but truth". act upon the deponent's belief. (11) The Court may, at any time, direct the deponent to attend to be cross-examined on his affidavit if required so by the adverse party.5556 56 38. Form of oath by interpreter.− When a witness is (2) While recording the evidence of witnesses,− examined with the aid of an interpreter, the interpreter shall also be (a) Usage of abbreviations should be avoided, e.g., A.N. for afternoon and instead, the full form should administered an oath or affirmation in the following form:− be used; “I do swear in the name of God / I (b) The name of the particular accused should solemnly affirm to my conscience that I will well be specifically mentioned adding within brackets, the and truly interpret and explain all questions put to rank of the accused, eg., name (A1), name (A2), etc.; and evidence given by witnesses". (c) In Sessions Cases, the medical evidence shall contain with precision the nature and effect of the 39. Translation of oath by interpreter.−When the witness is injuries, the time of death, etc. unable to understand the language in which the oath or affirmation is administered, the oath or affirmation shall be translated by the 43. Certificate.− (1) After a deposition has been read over to interpreter and put to the witness and the witness allowed to take the the witness, the deponent shall either sign in full or affix his thumb oath or affirmation in the language known to him. impression on every page. The Presiding Officer shall initial every page of the deposition. A certificate in the following form shall be appended at the foot of the deposition and the Presiding Officer shall 40. Police officers not to be employed as interpreters.− affix his signature. Police Officers shall not be employed to interpret the evidence of "Taken down by me/before me in open Court, witnesses in cases prosecuted by the police. interpreted/read over to the witness and admitted by the deponent to be correct". (2) When a witness is recalled, the Court shall furnish him, 41. Competence of a witness.− The Court may test the his deposition recorded earlier for him to refresh his memory, before competence of a witness under section 118 of the Evidence Act his examination-in-chief/cross. (Central Act 1 of 1872) by holding a summary inquiry. 44. Examination of witness.− The Court may, having regard 42. Deposition of a witness.− (1) In the heading of the to the circumstances of any particular case, order the examination of deposition of witnesses, the full name, including the family name of any witness in camera. the deponent, if any, and his or her father's or mother's or husband's 45. Evidence as to the age of the accused.− In every case name shall be recorded. The heading shall also state the age, in which the precise age of an accused person is relevant, evidence profession and residence of the witnesses. The name of the shall be taken on the question and whenever necessary, the opinion interpreter, if any, shall be written below the particulars stated above. of an expert shall be obtained. [vide Judicial Form No.53].55 5567 38. Form of oath by interpreter.− When a witness is (2) While recording the evidence of witnesses,− examined with the aid of an interpreter, the interpreter shall also be (a) Usage of abbreviations should be avoided, e.g., A.N. for afternoon and instead, the full form should administered an oath or affirmation in the following form:− be used; “I do swear in the name of God / I (b) The name of the particular accused should solemnly affirm to my conscience that I will well be specifically mentioned adding within brackets, the and truly interpret and explain all questions put to rank of the accused, eg., name (A1), name (A2), etc.; and evidence given by witnesses". (c) In Sessions Cases, the medical evidence shall contain with precision the nature and effect of the 39. Translation of oath by interpreter.−When the witness is injuries, the time of death, etc. unable to understand the language in which the oath or affirmation is administered, the oath or affirmation shall be translated by the 43. Certificate.− (1) After a deposition has been read over to interpreter and put to the witness and the witness allowed to take the the witness, the deponent shall either sign in full or affix his thumb oath or affirmation in the language known to him. impression on every page. The Presiding Officer shall initial every page of the deposition. A certificate in the following form shall be appended at the foot of the deposition and the Presiding Officer shall 40. Police officers not to be employed as interpreters.− affix his signature. Police Officers shall not be employed to interpret the evidence of "Taken down by me/before me in open Court, witnesses in cases prosecuted by the police. interpreted/read over to the witness and admitted by the deponent to be correct". (2) When a witness is recalled, the Court shall furnish him, 41. Competence of a witness.− The Court may test the his deposition recorded earlier for him to refresh his memory, before competence of a witness under section 118 of the Evidence Act his examination-in-chief/cross. (Central Act 1 of 1872) by holding a summary inquiry. 44. Examination of witness.− The Court may, having regard 42. Deposition of a witness.− (1) In the heading of the to the circumstances of any particular case, order the examination of deposition of witnesses, the full name, including the family name of any witness in camera. the deponent, if any, and his or her father's or mother's or husband's 45. Evidence as to the age of the accused.− In every case name shall be recorded. The heading shall also state the age, in which the precise age of an accused person is relevant, evidence profession and residence of the witnesses. The name of the shall be taken on the question and whenever necessary, the opinion interpreter, if any, shall be written below the particulars stated above. of an expert shall be obtained. [vide Judicial Form No.53].57 58 58 (iii) If Court exhibits, the marking shall be as Ex-C 46. Allowing witness to sit or stand.− (1) The presiding followed by numerical. Illustration, Ex-C.1, Ex-C.2, Ex- officer may require a witness to sit or stand while recording his C.3, etc. testimony. (iv) If filed by any other person, the marking shall be as Ex-X followed by numerical. Illustration, Ex-X.1, Ex-X.2, Ex-X.3, etc. (2) The presiding officer may, as far as practicable, provide a (v) When documents are marked as exhibits, seat for the accused in the Court during the inquiry or trial, as the utmost care should be taken to see that while making any endorsement or exhibit marks or affixing the Court seal case may be. on documents, material portions of such documents are not defaced or obliterated or smudged. 47. Certain departmental officers to be allowed to sit in (2) All exhibits marked by several accused shall be marked Court.− A police officer of, and above the rank of, Deputy consecutively. Superintendent of Police/Assistant Commissioner of Police, an officer of the gazetted rank of other departments and an expert may sit beside the prosecuting officer in the Court hall. Others may sit in the (3) All material objects admitted in evidence shall be marked as place earmarked for visitors. follows:− (i) If submitted by the prosecution, the marking shall be as PMO followed by numerical. Illustration PMO-1, PMO-2, etc. 48. Remuneration to the Interpreter.− The presiding officer (ii) If submitted by the defence, the marking shall be as of the Court may sanction reasonable remuneration and expenditure DMO followed by numerical. Illustration DMO-1, DMO-2, etc. to the interpreter to be paid by way of cash as prescribed by the High (iii) If Court material objects, the marking shall be as CMO followed by numerical. Illustration CMO-1, CMO-2, etc. Court, from time to time. (iv) If submitted by any other person, the marking shall be as XMO followed by numerical. Illustration XMO-1, XMO-2, etc. 49. Marking of exhibits.− (1) Exhibits admitted in evidence shall be marked as follows in Judicial Form No.68.− 50. Procedure for examination of child victim.− (1) A (i) If filed by the prosecution, the marking shall be screen or some such arrangements may be made where the victim or as Ex-P followed by numerical. Illustration, Ex-P.1, Ex- P.2, Ex-P.3, etc. witnesses (who may be equally vulnerable like the victim) do not (ii) If filed by the defence, the marking shall be as directly see the accused. Ex-D followed by numerical. Illustration, Ex-D.1, Ex-D.2, Ex-D.3, etc. (2) The questions put in examination on behalf of the accused insofar as they relate directly to the incident, should be given in5589 (iii) If Court exhibits, the marking shall be as Ex-C followed by numerical. Illustration, Ex-C.1, Ex-C.2, Ex- C.3, etc. (iv) If filed by any other person, the marking shall be as Ex-X followed by numerical. Illustration, Ex-X.1, Ex-X.2, Ex-X.3, etc. (v) When documents are marked as exhibits, utmost care should be taken to see that while making any endorsement or exhibit marks or affixing the Court seal on documents, material portions of such documents are not defaced or obliterated or smudged. (2) All exhibits marked by several accused shall be marked consecutively. (3) All material objects admitted in evidence shall be marked as follows:− (i) If submitted by the prosecution, the marking shall be as PMO followed by numerical. Illustration PMO-1, PMO-2, etc. (ii) If submitted by the defence, the marking shall be as DMO followed by numerical. Illustration DMO-1, DMO-2, etc. (iii) If Court material objects, the marking shall be as CMO followed by numerical. Illustration CMO-1, CMO-2, etc. (iv) If submitted by any other person, the marking shall be as XMO followed by numerical. Illustration XMO-1, XMO-2, etc. 50. Procedure for examination of child victim.− (1) A screen or some such arrangements may be made where the victim or witnesses (who may be equally vulnerable like the victim) do not directly see the accused. (2) The questions put in examination on behalf of the accused insofar as they relate directly to the incident, should be given in6509 writing to the Presiding Officer of the Court, who may put them to the victim or witnesses in a language which is clear and is not embarrassing. (3) The victim of child abuse or rape, while giving testimony in Court, should be allowed sufficient breaks as and when required. 51. Recording of evidence through video conferencing.− The Court may record the evidence of a witness through video conferencing after recording the reasons. The Court may, in its judicial discretion, adopt a fair and just procedure so as to ensure that the witness whose evidence is recorded through video conferencing is not tutored to give answers after ensuring that the witness is not in the company of anybody at that time. Such evidence shall be recorded in the presence of the accused or his advocate. The evidence of witness shall be typed contemporaneously and shall be read over to the witness at the end of deposition. Thereafter, the Judge shall certify as follows:− "Taken down by me / before me, interpreted/read over to the witness and admitted by him to be correct." It is also permissible for the Court to adopt the above procedure where a witness in a case is a prisoner in another case.60 59 61 writing to the Presiding Officer of the Court, who may put them to the CHAPTER - X victim or witnesses in a language which is clear and is not embarrassing. GENERAL INSTRUCTIONS TO ALL CRIMINAL COURTS (3) The victim of child abuse or rape, while giving testimony 52. Submission of reports, records, etc., to Chief in Court, should be allowed sufficient breaks as and when required. Metropolitan Magistrate/Chief Judicial Magistrate by Magistrates.− Every Magistrate shall submit such forms, records, 51. Recording of evidence through video conferencing.− reports and returns as may be called for by the Chief Metropolitan The Court may record the evidence of a witness through video Magistrate/Chief Judicial Magistrate. conferencing after recording the reasons. The Court may, in its judicial discretion, adopt a fair and just procedure so as to ensure 53. Copying fees.− (1) (i) Copies of records will be granted to that the witness whose evidence is recorded through video persons authorized to receive them upon payment of copying and conferencing is not tutored to give answers after ensuring that the examining charges, which will be levied at the rate fixed by the Tamil witness is not in the company of anybody at that time. Such evidence Nadu Court Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of shall be recorded in the presence of the accused or his advocate. The 1955) or the Puducherry Court Fees and Suits Valuation Act, 1972 evidence of witness shall be typed contemporaneously and shall be (Puducherry Act 6 of 1973) or any other law, as the case may be, in read over to the witness at the end of deposition. Thereafter, the the form of stamp papers, except in cases where under law, such Judge shall certify as follows:− copies should be furnished free of cost. The payment of copying "Taken down by me / before me, interpreted/read charges shall not affect the payment of fees under the said Tamil over to the witness and admitted by him to be correct." Nadu Act XIV of 1955 or the said Puducherry Act 6 of 1973 or the It is also permissible for the Court to adopt the above procedure exemptions from such payments, when the copies are exhibited in where a witness in a case is a prisoner in another case. Courts. No party or advocate will be allowed to make copies of record either personally or by agent, by any means. (ii) Applications for copies of records must bear a Court fee stamp, as prescribed by the said Tamil Nadu Act XIV of 1955 or the said Puducherry Act 6 of 1973 or any other law for the time being in force, as the case may be.61 62 62 (2) Everyday a list showing (i) the number of additional stamp same shall be credited into the account of the Local Body concerned papers required in each application in which records have been by the 5th day of the succeeding month. received and (ii) the applications found to be defective in any respect, shall be prepared and affixed on the notice board of the Court. Such 57. Material objects to be labelled.− Each material object list shall remain on the notice board for seven days. If on or before should have, attached or affixed to it, a label to show the number of the working day next after the expiry of seven days, the additional the case to which it relates and the party from whom it has been stamp papers required are not furnished or the defects in the received. The label should also bear the number of the item in the application are not remedied, the application shall be struck off. property register. The label should be printed in the following form:- Property Register No. : 54. Rules relating to fines apply to other sums like fees, Case No. : taxes, etc..− The rules relating to fines shall also apply to all other Name of the person : money such as fees, taxes, etc., that are imposed or assessed by a From whom received with address : Magistrate and are recoverable as fines. The property so labelled shall be kept in the property room of the Court. The Presiding Officer of the Court shall have custody of the keys of the property room. 55. Imposition of fine to be entered forthwith in the register of fines.− The imposition of a fine shall, irrespective of its collection on the same day, be brought into account and entered in 58. Register of material objects.− (1) A register of the Register of fines in Administrative Form No.25 immediately. In properties deposited in Court shall be maintained by the Head the case of fines imposed by the evening Courts, all fines collected in Ministerial Officer in all Courts in Administrative Form No.19 (Criminal the evening shall be entered in a separate fine register. Administrative Register No.19). In addition to this, the Metropolitan Magistrate Form No.25 (Criminal Register No.25) shall be used by all the Courts, Courts shall maintain such register in Judicial Form No.70. Each including Metropolitan Magistrate Courts. material object should be fully described in these registers. (2) A fresh Register of Properties in Administrative Form 56. Licence fee and tax recovered under the Local Bodies No.19 (Criminal Register No.19) shall be opened every year and the Act – Mode of accounting.− Licence fee and tax received under the pending item numbers of the outstanding case properties shall be Local Bodies enactments may be deposited either into the “Criminal noted in red ink in the first page of the new Property Register and Court Deposits” or into the Head of Account—“Local Bodies”. Where their disposal to be watched. Valuable items including properties such the said amount is deposited into the “Criminal Court Deposits”, the as vessels, etc., shall be brought forward every year in the new61 6623 (2) Everyday a list showing (i) the number of additional stamp same shall be credited into the account of the Local Body concerned papers required in each application in which records have been by the 5th day of the succeeding month. received and (ii) the applications found to be defective in any respect, shall be prepared and affixed on the notice board of the Court. Such 57. Material objects to be labelled.− Each material object list shall remain on the notice board for seven days. If on or before should have, attached or affixed to it, a label to show the number of the working day next after the expiry of seven days, the additional the case to which it relates and the party from whom it has been stamp papers required are not furnished or the defects in the received. The label should also bear the number of the item in the application are not remedied, the application shall be struck off. property register. The label should be printed in the following form:- Property Register No. : 54. Rules relating to fines apply to other sums like fees, Case No. : taxes, etc..− The rules relating to fines shall also apply to all other Name of the person : money such as fees, taxes, etc., that are imposed or assessed by a From whom received with address : Magistrate and are recoverable as fines. The property so labelled shall be kept in the property room of the Court. The Presiding Officer of the Court shall have custody of the keys of the property room. 55. Imposition of fine to be entered forthwith in the register of fines.− The imposition of a fine shall, irrespective of its collection on the same day, be brought into account and entered in 58. Register of material objects.− (1) A register of the Register of fines in Administrative Form No.25 immediately. In properties deposited in Court shall be maintained by the Head the case of fines imposed by the evening Courts, all fines collected in Ministerial Officer in all Courts in Administrative Form No.19 (Criminal the evening shall be entered in a separate fine register. Administrative Register No.19). In addition to this, the Metropolitan Magistrate Form No.25 (Criminal Register No.25) shall be used by all the Courts, Courts shall maintain such register in Judicial Form No.70. Each including Metropolitan Magistrate Courts. material object should be fully described in these registers. (2) A fresh Register of Properties in Administrative Form 56. Licence fee and tax recovered under the Local Bodies No.19 (Criminal Register No.19) shall be opened every year and the Act – Mode of accounting.− Licence fee and tax received under the pending item numbers of the outstanding case properties shall be Local Bodies enactments may be deposited either into the “Criminal noted in red ink in the first page of the new Property Register and Court Deposits” or into the Head of Account—“Local Bodies”. Where their disposal to be watched. Valuable items including properties such the said amount is deposited into the “Criminal Court Deposits”, the as vessels, etc., shall be brought forward every year in the new6634 64 Property Register. The Presiding Officer concerned shall furnish a 59. Checking of valuable properties.− The Chief certificate in the first page of the Property Register of the new year to Metropolitan Magistrate or Chief Judicial Magistrate, as the case may the above effect. be, shall nominate a Magistrate, once in six months, to inspect the valuable properties in different Magistrate Courts, within his (3) The currency notes and coins, if any, seized during the jurisdiction in the presence of the Magistrate concerned and the course of investigation by the police/investigating agencies, in Magistrate so nominated shall inspect the valuable properties of that prohibition cases, etc., have to be produced before the Court under Court with reference to the property register and submit a verification Police Form as case properties. report to the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be. (4) Such properties shall be checked and received by the Court and entered in the Register of Material Objects in 60. Material Objects to be retained until appeal time is Administrative Form No.19 (C.R. No.19). over.− Material objects should not, in the absence of special urgency and without the orders of a Magistrate, be returned to the parties, (5) Such properties shall not be remitted into Treasury under destroyed or otherwise disposed of until the time for appeal or the head "Criminal Court Deposit" or returned to the revision has expired or where an appeal or revision is pending, until it police/investigating agency concerned for safe custody and directing is disposed of. them to produce the same to the Court at the time of trial. 61. Production of case properties and payment of (6) Such properties shall be kept in a sealed box in the transport charges in certain cases.− Where any property Treasury and during the trial be brought to the Court for marking including livestock is entrusted to a party for being produced before them as material objects on proper identification. the Court at the time of the hearing and is accordingly produced, the Court may order the payment of reasonable charges incurred for their (7) After termination of the trial and orders passed, such production. properties shall be returned to the person entitled to receive the same or be remitted into the Treasury. 62. Register of Calendar and Preliminary Register (8) All the Judicial Officers shall ensure that the details of case cases.− Register in Administrative Form No.4 (Criminal Register properties are duly entered in the Property Register then and there No.4) shall be maintained in each of the Courts at George Town, and the Property Register is maintained properly. Saidapet and Egmore and separate numbering shall be assigned to each class of cases e.g., municipal cases, cases relating to Motor63 6645 Property Register. The Presiding Officer concerned shall furnish a 59. Checking of valuable properties.− The Chief certificate in the first page of the Property Register of the new year to Metropolitan Magistrate or Chief Judicial Magistrate, as the case may the above effect. be, shall nominate a Magistrate, once in six months, to inspect the valuable properties in different Magistrate Courts, within his (3) The currency notes and coins, if any, seized during the jurisdiction in the presence of the Magistrate concerned and the course of investigation by the police/investigating agencies, in Magistrate so nominated shall inspect the valuable properties of that prohibition cases, etc., have to be produced before the Court under Court with reference to the property register and submit a verification Police Form as case properties. report to the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be. (4) Such properties shall be checked and received by the Court and entered in the Register of Material Objects in 60. Material Objects to be retained until appeal time is Administrative Form No.19 (C.R. No.19). over.− Material objects should not, in the absence of special urgency and without the orders of a Magistrate, be returned to the parties, (5) Such properties shall not be remitted into Treasury under destroyed or otherwise disposed of until the time for appeal or the head "Criminal Court Deposit" or returned to the revision has expired or where an appeal or revision is pending, until it police/investigating agency concerned for safe custody and directing is disposed of. them to produce the same to the Court at the time of trial. 61. Production of case properties and payment of (6) Such properties shall be kept in a sealed box in the transport charges in certain cases.− Where any property Treasury and during the trial be brought to the Court for marking including livestock is entrusted to a party for being produced before them as material objects on proper identification. the Court at the time of the hearing and is accordingly produced, the Court may order the payment of reasonable charges incurred for their (7) After termination of the trial and orders passed, such production. properties shall be returned to the person entitled to receive the same or be remitted into the Treasury. 62. Register of Calendar and Preliminary Register (8) All the Judicial Officers shall ensure that the details of case cases.− Register in Administrative Form No.4 (Criminal Register properties are duly entered in the Property Register then and there No.4) shall be maintained in each of the Courts at George Town, and the Property Register is maintained properly. Saidapet and Egmore and separate numbering shall be assigned to each class of cases e.g., municipal cases, cases relating to Motor6656 66 Vehicles, Society for Prevention of Cruelty to Animals cases, etc., and the daily payment carried over to the "Daily Cash Balance Register" in mofussil, separate register in Administrative Form No.4 (Criminal by the Metropolitan Magistrates shall be entered in Administrative Register No.4) shall be maintained in each Magistrate Court. Special Form No.56. Courts which have jurisdiction to take cognizance of an offence without committal proceedings shall also maintain a register in 65. Diary Register.− All Courts shall maintain a daily diary Administrative Form No.4 (Criminal Register No.4). After taking register in the form prescribed by the e-Committee of the Supreme cognizance of the offence, the Court shall make necessary entry in Court of India, pursuant to the e-Court's Case Information System. the said register. In respect of maintenance petitions, the Family Courts and Magistrates shall maintain a register in Administrative Form No.5 (Criminal Register No.5) and the case shall be numbered 66. Hearing Book.− All Courts including the Courts of as “Maintenance Case”. In respect of inquiry under section 340 of the Metropolitan Magistrates, shall maintain Hearing Book in Code, the same shall be entered in Administrative Form No.5 Administrative Form No.15 (Criminal Register No.15). (Criminal Register No.5) and the case shall be numbered as “Miscellaneous Judicial Case”. Complaints filed after the enquiry 67. Register of Inquiries and Trials and Register of under section 340 of the Code shall be numbered as Calendar Case in Punishments.− All Courts including the Courts of Metropolitan Administrative Form No.4 (Criminal Register No.4). Magistrates, shall maintain a Register of Inquiries and Trials and Register of Punishments in Administrative Form Nos. 7 and 8 63. Register of Court fees, process fees, memorandums respectively. (Criminal Register Nos.7 and 8, respectively). and petitions.− A register of Court fees, process fees, memorandums and petitions received shall be maintained in 68. Register of long pending cases.− All Courts including Administrative Form No.12 (Criminal Register No.12). Memorandum Courts of Metropolitan Magistrates, shall maintain a Register of long and petitions maintainable in law and presented in the open Court pending cases (adjourned sine die in e-Court's Case Information shall be received by the Court and after affixing the Court seal, be System parlance) in Administrative Form No.30 (Criminal Register entered in the said register. No.30). 64. Register of payment of batta to witnesses in State 69. Prisoners not to be released immediately on cases.− A register of payment of batta to witnesses in cases to which acquittal.− A prisoner shall not be discharged from custody the State is a party shall be maintained in Administrative Form No.28 immediately on judgment of acquittal being pronounced upon him by (Criminal Register No.28) by the Metropolitan Magistrates also and the Court and he shall be taken back to the prison and released by65 6667 Vehicles, Society for Prevention of Cruelty to Animals cases, etc., and the daily payment carried over to the "Daily Cash Balance Register" in mofussil, separate register in Administrative Form No.4 (Criminal by the Metropolitan Magistrates shall be entered in Administrative Register No.4) shall be maintained in each Magistrate Court. Special Form No.56. Courts which have jurisdiction to take cognizance of an offence without committal proceedings shall also maintain a register in 65. Diary Register.− All Courts shall maintain a daily diary Administrative Form No.4 (Criminal Register No.4). After taking register in the form prescribed by the e-Committee of the Supreme cognizance of the offence, the Court shall make necessary entry in Court of India, pursuant to the e-Court's Case Information System. the said register. In respect of maintenance petitions, the Family Courts and Magistrates shall maintain a register in Administrative Form No.5 (Criminal Register No.5) and the case shall be numbered 66. Hearing Book.− All Courts including the Courts of as “Maintenance Case”. In respect of inquiry under section 340 of the Metropolitan Magistrates, shall maintain Hearing Book in Code, the same shall be entered in Administrative Form No.5 Administrative Form No.15 (Criminal Register No.15). (Criminal Register No.5) and the case shall be numbered as “Miscellaneous Judicial Case”. Complaints filed after the enquiry 67. Register of Inquiries and Trials and Register of under section 340 of the Code shall be numbered as Calendar Case in Punishments.− All Courts including the Courts of Metropolitan Administrative Form No.4 (Criminal Register No.4). Magistrates, shall maintain a Register of Inquiries and Trials and Register of Punishments in Administrative Form Nos. 7 and 8 63. Register of Court fees, process fees, memorandums respectively. (Criminal Register Nos.7 and 8, respectively). and petitions.− A register of Court fees, process fees, memorandums and petitions received shall be maintained in 68. Register of long pending cases.− All Courts including Administrative Form No.12 (Criminal Register No.12). Memorandum Courts of Metropolitan Magistrates, shall maintain a Register of long and petitions maintainable in law and presented in the open Court pending cases (adjourned sine die in e-Court's Case Information shall be received by the Court and after affixing the Court seal, be System parlance) in Administrative Form No.30 (Criminal Register entered in the said register. No.30). 64. Register of payment of batta to witnesses in State 69. Prisoners not to be released immediately on cases.− A register of payment of batta to witnesses in cases to which acquittal.− A prisoner shall not be discharged from custody the State is a party shall be maintained in Administrative Form No.28 immediately on judgment of acquittal being pronounced upon him by (Criminal Register No.28) by the Metropolitan Magistrates also and the Court and he shall be taken back to the prison and released by68 6678 the Superintendent of Prison after being satisfied that he is not CHAPTER - XI required in any other case. The Court shall retain the remand warrant EXECUTION OF SENTENCES & DISPOSAL OF PROPERTIES and make necessary endorsement in the nominal roll book about the acquittal of the prisoner and the Superintendent of Prison shall hand WARRANT OF COMMITMENT over the cash and other properties of the prisoner at the time of his 71. Separate warrant for each prisoner.− When two or release so as to avoid their accumulation. more persons are convicted and sentenced to imprisonment at the same time, a separate warrant of commitment in Judicial Form No.21 70. Levy of fine to be notified to prison authorities by shall be issued for each one of them with the seal of the Court. Court in cases of sentence of imprisonment and fine.− When a Court imposes a fine in addition to imprisonment and the whole or part of the fine is paid or recovered, the Court shall endorse the fact 72. Convicts to be classified as “Habitual” or “Casual” of such payment or recovery on the warrant of commitment in Judicial and their diet specified.− (1) Whenever possible a Court which Form No.45, or, if that has already been issued, shall notify the fact of convicts an accused person should decide whether he is to be the payment or recovery to the prison authorities concerned in classified as an “habitual” or “casual” convict and make a note of the Judicial Form No.56. decision on the warrant of commitment for the information of the prison authorities. The presiding officer shall also recommend in his own handwriting in the committal warrant, the diet, viz., rice or wheat, as the case may be. The following persons are liable to be classified as “habitual offfenders”, viz.,- (i) any person convicted of an offence punishable under Chapters XII, XVII and XVIII of the Indian Penal Code, 1860 (Central Act XLV of 1860) whose previous conviction or convictions, taken in conjunction with the facts of the present case, show that he is by habit a robber, house-breaker, dacoit, thief, or receiver of stolen property, or that he habitually commits extortion, cheating, counterfeiting coin, currency notes or stamps, or forgery;68 67 69 the Superintendent of Prison after being satisfied that he is not CHAPTER - XI required in any other case. The Court shall retain the remand warrant EXECUTION OF SENTENCES & DISPOSAL OF PROPERTIES and make necessary endorsement in the nominal roll book about the acquittal of the prisoner and the Superintendent of Prison shall hand WARRANT OF COMMITMENT over the cash and other properties of the prisoner at the time of his 71. Separate warrant for each prisoner.− When two or release so as to avoid their accumulation. more persons are convicted and sentenced to imprisonment at the same time, a separate warrant of commitment in Judicial Form No.21 70. Levy of fine to be notified to prison authorities by shall be issued for each one of them with the seal of the Court. Court in cases of sentence of imprisonment and fine.− When a Court imposes a fine in addition to imprisonment and the whole or part of the fine is paid or recovered, the Court shall endorse the fact 72. Convicts to be classified as “Habitual” or “Casual” of such payment or recovery on the warrant of commitment in Judicial and their diet specified.− (1) Whenever possible a Court which Form No.45, or, if that has already been issued, shall notify the fact of convicts an accused person should decide whether he is to be the payment or recovery to the prison authorities concerned in classified as an “habitual” or “casual” convict and make a note of the Judicial Form No.56. decision on the warrant of commitment for the information of the prison authorities. The presiding officer shall also recommend in his own handwriting in the committal warrant, the diet, viz., rice or wheat, as the case may be. The following persons are liable to be classified as “habitual offfenders”, viz.,- (i) any person convicted of an offence punishable under Chapters XII, XVII and XVIII of the Indian Penal Code, 1860 (Central Act XLV of 1860) whose previous conviction or convictions, taken in conjunction with the facts of the present case, show that he is by habit a robber, house-breaker, dacoit, thief, or receiver of stolen property, or that he habitually commits extortion, cheating, counterfeiting coin, currency notes or stamps, or forgery;6790 70 (ii) any person convicted of an offence punishable under (3) The convicting Court or the Chief Metropolitan Chapter XVI of the Indian Penal Code, 1860 (Central Act XLV of 1860) Magistrate / Chief Judicial Magistrate may, for reasons to be whose previous conviction or convictions, taken in conjunction with recorded in writing, direct that any convicted person or any the facts of the present case, show that he habitually commits person committed to, or detained in, prison under section 122 offences against the person; read with section 109 or section 110 of the Code, shall not be classified as a habitual offender and may revise such direction. (iii) any person committed to, or detained in, prison under section 122 (read with section 109 or section 110) of the Code; (4) Convicting Courts or Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be, may revise their (iv) any person convicted of any of the offences specified in own classifications and the Chief Metropolitan Magistrate / Chief sub- rule (1), when it appears from the facts of the case, even though Judicial Magistrate may alter any classification of a prisoner made no previous conviction has been proved, that he is, by habit, a by a convicting Court or any other authority, provided that the member of a gang of dacoits, or of thieves, or a dealer in slaves or in alteration is made on the basis of facts which were not before stolen property; and such Court or authority. (v) any person convicted by a Court or Tribunal acting outside (5) Every habitual offender shall, as far as possible, be India under the general or special authority of the Central confined in a special prison in which no prisoner other than Government of an offence which would have rendered him liable to be habitual offfenders shall be kept: classified as a habitual offender if he had been convicted in a Court established in India. Provided that the Inspector General of Prisons may transfer to this special prison, any prisoner, not being a habitual offender, whom, for reasons to be recorded in writing he believes to be of (2) The classification of a convicted person as a habitual so vicious or depraved a character and to exercise or to be likely offender should ordinarily be made by the convicting Court, but if the to exercise so evil an influence on his fellow prisoners that he convicting Court omits to do so, such classification may be made by ought not to be confined with other non-habitual prisoners, but a the Chief Metropolitan Magistrate / Chief Judicial Magistrate, or in the prisoner so transferred shall not otherwise be subject to the absence of an order by the convicting Court or Chief Metropolitan special rules affecting habitual offenders. Magistrate / Chief Judicial Magistrate, and pending the result of a Explanation:- For the purpose of this rule, the word “conviction” reference to the Chief Metropolitan Magistrate / Chief Judicial shall include an order made under section 117 read with section 110 Magistrate, by the officer in-charge of the prison, where such of the Code. convicted person is confined: 73. Levy of fine to be endorsed on the warrant or notified to the prison authorities.− When an accused person is sentenced Provided that any person classified as a habitual offender may to imprisonment as well as, or in default of payment of a fine, the apply for the revision of the order.69 7701 (ii) any person convicted of an offence punishable under (3) The convicting Court or the Chief Metropolitan Chapter XVI of the Indian Penal Code, 1860 (Central Act XLV of 1860) Magistrate / Chief Judicial Magistrate may, for reasons to be whose previous conviction or convictions, taken in conjunction with recorded in writing, direct that any convicted person or any the facts of the present case, show that he habitually commits person committed to, or detained in, prison under section 122 offences against the person; read with section 109 or section 110 of the Code, shall not be classified as a habitual offender and may revise such direction. (iii) any person committed to, or detained in, prison under section 122 (read with section 109 or section 110) of the Code; (4) Convicting Courts or Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be, may revise their (iv) any person convicted of any of the offences specified in own classifications and the Chief Metropolitan Magistrate / Chief sub- rule (1), when it appears from the facts of the case, even though Judicial Magistrate may alter any classification of a prisoner made no previous conviction has been proved, that he is, by habit, a by a convicting Court or any other authority, provided that the member of a gang of dacoits, or of thieves, or a dealer in slaves or in alteration is made on the basis of facts which were not before stolen property; and such Court or authority. (v) any person convicted by a Court or Tribunal acting outside (5) Every habitual offender shall, as far as possible, be India under the general or special authority of the Central confined in a special prison in which no prisoner other than Government of an offence which would have rendered him liable to be habitual offfenders shall be kept: classified as a habitual offender if he had been convicted in a Court established in India. Provided that the Inspector General of Prisons may transfer to this special prison, any prisoner, not being a habitual offender, whom, for reasons to be recorded in writing he believes to be of (2) The classification of a convicted person as a habitual so vicious or depraved a character and to exercise or to be likely offender should ordinarily be made by the convicting Court, but if the to exercise so evil an influence on his fellow prisoners that he convicting Court omits to do so, such classification may be made by ought not to be confined with other non-habitual prisoners, but a the Chief Metropolitan Magistrate / Chief Judicial Magistrate, or in the prisoner so transferred shall not otherwise be subject to the absence of an order by the convicting Court or Chief Metropolitan special rules affecting habitual offenders. Magistrate / Chief Judicial Magistrate, and pending the result of a Explanation:- For the purpose of this rule, the word “conviction” reference to the Chief Metropolitan Magistrate / Chief Judicial shall include an order made under section 117 read with section 110 Magistrate, by the officer in-charge of the prison, where such of the Code. convicted person is confined: 73. Levy of fine to be endorsed on the warrant or notified to the prison authorities.− When an accused person is sentenced Provided that any person classified as a habitual offender may to imprisonment as well as, or in default of payment of a fine, the apply for the revision of the order.7712 72 warrant in Judicial Form No.21 issued to the prison authorities shall (2) The Court shall also give the details of the remand period contain definite information as to whether the fine has been paid, or and the period of set off under section 428 of the Code in the not, in whole or in part. If the warrant does not furnish this judgment and in the committal warrant. information, a reference shall forthwith be made by the prison (3) When two or more sentences are passed in a case, the authorities to the convicting Court to ascertain whether the fine has Court shall, in the committal warrant, specify whether the sentences been paid and the purport of the reply shall be noted on the warrant. are to run concurrently or consecutively. 74. Subsequent levy of fine to be notified to the prison 77. Warrants of commitment returned after execution to authorities.− When the fine is paid or recovered in whole or in part form part of the records of the case.− Warrants of commitment after the admission of the prisoner into prison, the responsibility for which are returned to Courts after the execution of sentences should intimating to the prison authorities the fact of the payment rests be filed with the records of the respective cases and dealt with under entirely with the Court. Such intimation shall be made in Judicial Form the rules for destruction of records. No.56 and the same shall invariably be acknowledged by the prison authorities and the acknowledgment shall be filed by the Court for future reference. On receipt of the intimation from the Court, the prison authorities shall endorse the information on the warrant. Intimation sent by post by the Court under this rule shall be registered with Acknowledgment Due. 75. Intimation from Court to bear its seal.− Intimations sent by a Court to the Superintendent of a Prison that a fine which the prisoner has been ordered to pay has been paid or recovered in whole or in part shall bear the seal of the Court. 76. Sentences of imprisonment how calculated.− (1) In calculating sentences of imprisonment, the day on which the sentence is passed and the day of release ought to be included and considered st as days of imprisonment; for example, a man sentenced on the 1 st January to one month's imprisonment should be released on the 31 st January and not on the 1 February.71 7723 warrant in Judicial Form No.21 issued to the prison authorities shall (2) The Court shall also give the details of the remand period contain definite information as to whether the fine has been paid, or and the period of set off under section 428 of the Code in the not, in whole or in part. If the warrant does not furnish this judgment and in the committal warrant. information, a reference shall forthwith be made by the prison (3) When two or more sentences are passed in a case, the authorities to the convicting Court to ascertain whether the fine has Court shall, in the committal warrant, specify whether the sentences been paid and the purport of the reply shall be noted on the warrant. are to run concurrently or consecutively. 74. Subsequent levy of fine to be notified to the prison 77. Warrants of commitment returned after execution to authorities.− When the fine is paid or recovered in whole or in part form part of the records of the case.− Warrants of commitment after the admission of the prisoner into prison, the responsibility for which are returned to Courts after the execution of sentences should intimating to the prison authorities the fact of the payment rests be filed with the records of the respective cases and dealt with under entirely with the Court. Such intimation shall be made in Judicial Form the rules for destruction of records. No.56 and the same shall invariably be acknowledged by the prison authorities and the acknowledgment shall be filed by the Court for future reference. On receipt of the intimation from the Court, the prison authorities shall endorse the information on the warrant. Intimation sent by post by the Court under this rule shall be registered with Acknowledgment Due. 75. Intimation from Court to bear its seal.− Intimations sent by a Court to the Superintendent of a Prison that a fine which the prisoner has been ordered to pay has been paid or recovered in whole or in part shall bear the seal of the Court. 76. Sentences of imprisonment how calculated.− (1) In calculating sentences of imprisonment, the day on which the sentence is passed and the day of release ought to be included and considered st as days of imprisonment; for example, a man sentenced on the 1 st January to one month's imprisonment should be released on the 31 st January and not on the 1 February.7734 CHAPTER - XII JUDGMENT OF CONVICTION FOR TWO OR MORE OFFENCES 78. Judgment to specify offence in respect to which sentence is passed.− (1) When an offender is convicted of two or more offences and it is competent to the Court to award more than one sentence, the Court shall, in its judgment, declare in respect of which offence or offences, sentence awarded is imposed. (2) When a Court convicts and sentences an accused on a day in more than one case, the Court shall specifically state whether the sentences in the cases should be undergone concurrently or consecutively. If the Court orders the sentences to run consecutively, it should also specify the order, case-wise, in which the sentences should be served consecutively by the accused. 79. Sub-section under which convicted to be stated.− When an accused person is convicted under a section of the Indian Penal Code, 1860 (Central Act XLV of 1860) or other law, which contains several sub-sections with different punishments prescribed for the various offences dealt with, the judgment shall state under which sub-section, the accused was charged and convicted.7745 80. Judgment to state whether previous conviction was proved or confessed.− When enhanced punishment is awarded on account of previous conviction, it should appear in the judgment that the previous conviction was charged and proved or confessed. 81. Particulars of previous convictions when to be stated.− Particulars of previous convictions and sentences shall be stated at the end of the judgment (whether original or appellate) in all cases where the rules require a judgment to be submitted. Where no judgment is required to be submitted, but only a tabular statement (whether month or otherwise), particulars of previous convictions and sentences shall be invariably entered in the column of remarks in Judicial Form No.60. This rule does not apply to cases of acquittal. 82. Sentences of fine and what the calendars in such cases are to contain.− Any Magistrate sentencing an accused person to the payment of a fine with imprisonment in default of such payment should allow him reasonable facilities for payment of fine. The calendars in such cases shall contain information in the column for remarks in Judicial Form No.60 as to the payment of fine and the orders passed to facilitate such payment. 83. Designation of the Presiding Officer to be noted and signature in fair copy.− The Presiding Officer shall indicate in the calendar, below his signature, his designation. Where the Presiding Officer who has pronounced the judgment and has signed or initialled the same is not available for any reason, his successor can sign the fair copy of the judgment. Such fair copy of the judgment must show on its face itself, the name of the officer who pronounced the7756 76 judgment, in addition to the name of the officer who signed the fair 89. Supply of copies of orders under section 298 of the copy as a true copy of the original judgment. Code.− Certified copies of calendar extracts/judgments on plain paper relating to previous convictions in any case, shall, on an application, be supplied, free of cost to the prosecuting agency for the 84. Copy of judgment when to be sent to the Head of purpose of section 298 of the Code. Department.− Where, in a judgment or order, a Court impugns the character or conduct of a public servant, the Court shall forward a 90. Service of notices issued by the High Court.− (1) All copy of the judgment or order to the Head of the Department or the notices issued by the High Court under section 392 and sub-section immediate superior of the public servant concerned. (2) of section 395 of the Code shall be issued in duplicate and shall be 85. Government officials - judgment to be furnished to served as expeditiously as possible and the duplicate copy with the the Heads of Departments.− In a case where a public servant is endorsement of service if effected should be submitted to the High charged with a criminal offence, a copy of the judgment or order shall Court without delay. be furnished by the Court to the Head of the Department concerned, (2) When notices are received by the Subordinate Courts free of charge. from High Court in Writ of Habeas Corpus Petitions, they shall be served or caused to be served forthwith giving them top priority and 86. Copy of judgment when to be sent to Chemical return the notices with the endorsements before the hearing date to Examiner.− The Court shall forward a copy of its judgment or final the High Court. order to the Forensic Sciences Laboratory in all cases in which reference was made to the said laboratory for expert opinion. 91. Production of prisoners not permitted in some cases.− No State prisoner or prisoner under sentence of death shall 87. Copy of judgments to be furnished to the be removed under the Prisoners (Attendance in Courts) Act, 1955 prosecution.− In a case of acquittal or discharge, where, the State, (Central Act 32 of 1955) from the prison in which he may be confined for the purpose of filing an appeal or revision against the order, without the special sanction of Government, except in the case of a applies for a copy of the judgment or order, the Court shall supply prisoner under sentence of death whose presence is required by a copies of the same free of cost. Sessions Judge or High Court for the purpose of taking additional evidence in the case under section 391 of the Code. In all other cases 88. Copy of judgment when to be sent to the hospital.− in which the evidence of such a prisoner is required, the Court shall In cases where the accused who has been a mental patient is referred proceed to prison and record the evidence of the prisoner there, to the Court for trial after treatment, the Court shall supply a copy of unless the Government have sanctioned his removal from the prison the final order or judgment free of cost to the hospital concerned. to the Court-house for the purpose.75 7767 judgment, in addition to the name of the officer who signed the fair 89. Supply of copies of orders under section 298 of the copy as a true copy of the original judgment. Code.− Certified copies of calendar extracts/judgments on plain paper relating to previous convictions in any case, shall, on an application, be supplied, free of cost to the prosecuting agency for the 84. Copy of judgment when to be sent to the Head of purpose of section 298 of the Code. Department.− Where, in a judgment or order, a Court impugns the character or conduct of a public servant, the Court shall forward a 90. Service of notices issued by the High Court.− (1) All copy of the judgment or order to the Head of the Department or the notices issued by the High Court under section 392 and sub-section immediate superior of the public servant concerned. (2) of section 395 of the Code shall be issued in duplicate and shall be 85. Government officials - judgment to be furnished to served as expeditiously as possible and the duplicate copy with the the Heads of Departments.− In a case where a public servant is endorsement of service if effected should be submitted to the High charged with a criminal offence, a copy of the judgment or order shall Court without delay. be furnished by the Court to the Head of the Department concerned, (2) When notices are received by the Subordinate Courts free of charge. from High Court in Writ of Habeas Corpus Petitions, they shall be served or caused to be served forthwith giving them top priority and 86. Copy of judgment when to be sent to Chemical return the notices with the endorsements before the hearing date to Examiner.− The Court shall forward a copy of its judgment or final the High Court. order to the Forensic Sciences Laboratory in all cases in which reference was made to the said laboratory for expert opinion. 91. Production of prisoners not permitted in some cases.− No State prisoner or prisoner under sentence of death shall 87. Copy of judgments to be furnished to the be removed under the Prisoners (Attendance in Courts) Act, 1955 prosecution.− In a case of acquittal or discharge, where, the State, (Central Act 32 of 1955) from the prison in which he may be confined for the purpose of filing an appeal or revision against the order, without the special sanction of Government, except in the case of a applies for a copy of the judgment or order, the Court shall supply prisoner under sentence of death whose presence is required by a copies of the same free of cost. Sessions Judge or High Court for the purpose of taking additional evidence in the case under section 391 of the Code. In all other cases 88. Copy of judgment when to be sent to the hospital.− in which the evidence of such a prisoner is required, the Court shall In cases where the accused who has been a mental patient is referred proceed to prison and record the evidence of the prisoner there, to the Court for trial after treatment, the Court shall supply a copy of unless the Government have sanctioned his removal from the prison the final order or judgment free of cost to the hospital concerned. to the Court-house for the purpose.77 78 92. Production of prisoners in other cases.− (1) Any Court may, if it thinks fit that the evidence of any prisoner, other than that mentioned in rule 91, is material in any matter pending before it, make an order in Form No.37 of the Code directing the officer-in- charge of the prison wherein such prisoner is confined to produce before the Court. (2) Any Court may, if a charge of an offence against a person confined in any prison is made or pending before it, make an order in Form No.36 of the Code directing the officer-in-charge of the prison wherein such prisoner is confined to produce before the Court. 93. Magistrate taking action under section 144 of the Code to communicate the order to the Civil Court.− Whenever a Magistrate takes action under section 144 of the Code or any analogous provisions of law, he should immediately communicate a copy of his order to the Civil Court having original jurisdiction over the locality to which his proceedings refer. Similarly, the Civil Court will communicate to the Magistrate having local jurisdiction, any injunction issued by it with reference to matters which would fall within the scope of section 144 of the Code.78 79 CHAPTER – XIII INQUIRY INTO CUSTODIAL DEATH/DISAPPEARANCE/RAPE 94. Death or disappearance or rape while in custody.− (1) Any information relating to the death or disappearance of any person or rape of a woman while in custody of the police or in any other custody authorised by a Magistrate or Court, shall be registered as a case under section 154 of the Code. (2) On receipt of information of an occurrence referred to in sub-section (1-A) of section 176 of the Code, the Judicial Magistrate/Metropolitan Magistrate, in whose jurisdiction the occurrence has taken place, shall hold an enquiry. (3) During such inquiry under sub-section (1-A) of section 176 of the Code, the Judicial Magistrate / Metropolitan Magistrate shall have the power to record evidence on oath. (4) On completing the inquiry, the Judicial Magistrate / Metropolitan Magistrate shall draw a report and keep the statements of the witnesses, documents collected and the report drawn by him as part of case records. (5) The Judicial Magistrate / Metropolitan Magistrate shall furnish copies of the statements of the witnesses recorded during inquiry under sub-section (1-A) of section 176 of the Code, the documents collected and the report drawn by him to the investigating police officer without delay. (6) The investigating police officer shall, without being hindered by the inquiry by the Judicial Magistrate / Metropolitan7890 Magistrate, conduct investigation under Chapter XII of the Code thoroughly and submit a final report to the jurisdictional Magistrate / Court under section 173 of the Code. (7) The Judicial Magistrate / Metropolitan Magistrate shall not forward the original records of the inquiry under sub-section (1-A) of section 176 of the Code either to the District Collector or to the Government.80 81 CHAPTER - XIV LEGAL AID AND AMICUS CURIAE 95. Legal Aid.− Wherever necessary, the Court, including the High Court, shall extend legal aid to a person in accordance with the rules made under sub-section (2) of section 304 of the Code or under the provisions of the Legal Services Authorities Act, 1987 (Central Act 39 of 1987) and the rules/regulations made thereunder. 96. Appointment of an advocate as Amicus Curiae.− The Court may, on its own motion or on application by the prosecuting officer or by the defence counsel, appoint an Advocate as amicus curiae in a case of importance or difficulty.81 82 COURT OF SESSION CHAPTER – XV COURT SEAL AND NUMBERING OF CASES 97. Description of the seal of a Court of Session, Additional Session and Assistant Session.− (1) The seal of every Court of Session, Additional Session and Assistant Session shall be a circular seal, two inches in diameter, bearing the Tamil Nadu State Emblem, with the motto “tha;ikna bty;Y«;” in Tamil script inscribed in an arc following the border of the Emblem (but without any border lines) and with the designation of the Court in Tamil, “the Court of Sessions to the Division” inscribed on the seal within two concentric circles around the Emblem but without the words “Government of Tamil Nadu”. (2) In respect of the Union Territory of Puducherry, such seal shall be circular with two concentric circles around the national emblem with the words “Sathyameva Jayathe” in Devanagari script at the bottom of the symbol with the name of the Court inscribed between the circles. (3) When new seals are required, Courts of Session shall indent for them on the Public Works Workshop, sending their indents through the Registrar General of the High Court.82 83 98. Numbering of cases committed to Court of Session.− Cases committed to the Courts of Session shall be filed and numbered on the receipt of the records from the Committal Court in Administrative Form No.1 (Criminal Register No.1). The case shall continue to bear the same number even when it is made over or transferred for trial to the Additional or Assistant Sessions Judge within the same Sessions Division.83 84 84 CHAPTER – XVI CHAPTER - XVII DEATH SENTENCE 101. Copy of letter of reference in referred trials.− Copy of the Judge's letter of Reference shall be supplied immediately to a ADJOURNMENT prisoner sentenced to death. 99. Adjournment to be in writing.− When a case is 102. Order of the High Court and the Supreme Court to adjourned to another day, there shall be a written order of be communicated to the Superintendent of Prisons.− (1) adjournment and remand if the accused is in custody. Sessions Judges shall make arrangements for communicating every order of the High Court and of the Supreme Court imposing, 100. Order or remand to be endorsed on the warrant.− confirming, reversing or committing a sentence of death to the While remanding a person to custody, the Court shall mention in the Superintendent of the Prison where the prisoner is confined within remand warrant, the date up to which the person is remanded and twenty four hours of the receipt of the order. shall also give a further direction for the production of the person before the Court on the date of the expiry of the remand period. (2) In the case of an order of the High Court confirming or imposing a sentence of death, the warrant for executing that sentence shall not be issued by the Sessions Judge until after the dismissal of the appeal to the Supreme Court or of the application for special leave to appeal to the Supreme Court, or, in case no such appeal has been preferred or no such application has been lodged, until after the expiry of the period allowed for an appeal to the Supreme Court or for lodging of an application for special leave to appeal to the Supreme Court. (3) If the sentence of death has been passed on more than one person in the same case and if an appeal to the Supreme Court or an application for special leave to appeal to the Supreme Court is lodged by or on behalf of only one or more, but not all of them, the warrant for execution of the sentence shall be postponed in the case83 8845 CHAPTER – XVI CHAPTER - XVII DEATH SENTENCE 101. Copy of letter of reference in referred trials.− Copy of the Judge's letter of Reference shall be supplied immediately to a ADJOURNMENT prisoner sentenced to death. 99. Adjournment to be in writing.− When a case is 102. Order of the High Court and the Supreme Court to adjourned to another day, there shall be a written order of be communicated to the Superintendent of Prisons.− (1) adjournment and remand if the accused is in custody. Sessions Judges shall make arrangements for communicating every order of the High Court and of the Supreme Court imposing, 100. Order or remand to be endorsed on the warrant.− confirming, reversing or committing a sentence of death to the While remanding a person to custody, the Court shall mention in the Superintendent of the Prison where the prisoner is confined within remand warrant, the date up to which the person is remanded and twenty four hours of the receipt of the order. shall also give a further direction for the production of the person before the Court on the date of the expiry of the remand period. (2) In the case of an order of the High Court confirming or imposing a sentence of death, the warrant for executing that sentence shall not be issued by the Sessions Judge until after the dismissal of the appeal to the Supreme Court or of the application for special leave to appeal to the Supreme Court, or, in case no such appeal has been preferred or no such application has been lodged, until after the expiry of the period allowed for an appeal to the Supreme Court or for lodging of an application for special leave to appeal to the Supreme Court. (3) If the sentence of death has been passed on more than one person in the same case and if an appeal to the Supreme Court or an application for special leave to appeal to the Supreme Court is lodged by or on behalf of only one or more, but not all of them, the warrant for execution of the sentence shall be postponed in the case8856 of all such persons and not only in the case of the persons or person by whom or on whose behalf the appeal or the application is lodged. 103. Issue of warrant of execution of death sentence.− Subject to the provision of sub-rule (2) of rule 102, the Sessions Judge shall, in the case of an order confirming or imposing a sentence of death received under sub-rule (1) of rule 102, issue a warrant in Form No.42 of the Code (suitably amended with regard to cases in which a sentence of death is imposed in appeal) accompanied by a copy of the judgment in the appeal, and shall appoint therein as the date of execution a day not less than 21 days and not more than 28 days from the date of expiry of the period specified in sub-rule (2) of rule 102. 104. No fresh warrant to be issued in cases under sections 432, 433 or 434 of the Code.− In a case in which the Central Government or the State Government suspends, remits or commutes a sentence under section 432, 433 or 434 of the Code, and, in a case in which the President or the Governor, under Article 72 or Article 161 of the Constitution of India, respectively, grants pardon, reprieve or remission, no fresh or revised warrant need be issued.86 87 CHAPTER - XVIII JUDGMENT 105. Judgment to show if accused was defended.− In the heading of the judgment, it should invariably be noted whether the accused, or any of them, was defended by an Advocate. The name of the police station concerned and the crime number of the offence should also be noted at the heading of the judgment or charge. 106. Judgment to contain certain particulars.− (1) The judgment in original decision shall, apart from the particulars prescribed by section 354 of the Code, also contain a statement in tabular form giving the following particulars, viz., rebmuN laireS ecneffo eht forebmuN emirCehtdna noitatS eciloPehtfo emaN Description of theAccused Date of emaN eman s'rehtaF noitapuccO ecnediseR egA ecnerruccO tnialpmoC noisneherppA liab no esaeleR tnemtimmoC lairt fo tnemecnemmoC lairt fo erusolC redro ro ecnetneS desucca no gnidnifro tnemgduj fo ypoc fo ecivreS yaledfo noitanalpxE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1787 88 Note.− (i) Date of complaint in column 9 shall be the date of the filing of the charge sheet in respect of case instituted on police report and the date of filing of the complaint in respect of other cases; (ii) Date of apprehension in column 10 shall be the date of arrest; (iii) Date of commencement of trial in column 13 shall be− (a) in summons cases, the date on which the particulars of the offence are stated to the accused under section 251 of the Code; (b) in warrant cases instituted on police report, the date on which the documents under section 207 of the Code are furnished to the accused and the Magistrate satisfies himself of the same under section 238 of the Code; (c) in other warrant cases, when the recording of evidence is commenced under section 244 of the Code; (d) in Sessions trials, when the charge is read out and explained to the accused under section 228 of the Code. (2) Only two copies of this statement are required, one copy for record and one for transmission to the High Court. The one for record may conveniently be written up in a list to be bound up by way of index with clear copies of the judgments for each year. (3) Judicial Form No.61 shall also be annexed to the judgment.898990 90 108. Distribution of copies of judgments.− (1) Every Court shall host the judgment in the official website on the date of its CHAPTER - XIX pronouncement. COMMUNICATIONS ISSUED TO SUBORDINATE MAGISTRATES (2) Every Court of Session shall, within fourteen days from 109. Mode of communicating orders to Subordinate the date of pronouncing the judgment, distribute copies of the Magistrate.− All proceedings of the Court of Session addressed to judgment free of cost as follows:− any Magistrate subordinate to the Chief Judicial Magistrate shall, (i) One copy to the committal Court; except in cases of urgency or when the law sanctions a different (ii) One copy to the District Collector; course, be sent to the Magistrate concerned through the Chief Judicial (iii) One copy to the Commissioner of Police or Magistrate. Superintendent of Police of the District, as the case may be; (iv) One copy to the investigating agency through the Prosecutor concerned; 110. Procedure in cases of urgency.− In the cases, except (v) One copy to the High Court as provided for in the rules relating to the submission of judgments and in the foregoing rule, the Court of Session shall send the proceedings calendars; to the Magistrate concerned and to the Chief Judicial Magistrate (vi) Three copies to the High Court as provided for simultaneously. in the rules relating to the submission of records; (vii) Two copies (in respect of each prisoner) to the Superintendent of the Prison to which the prisoner is 111. Calling for records on appeal or revision without committed when such prisoner is sentenced to imprisonment (one copy for being filed with the warrant of intervention of the Chief Judicial Magistrate.− In calling for the committal or used for the purpose of memorializing to the records of an inferior Court under section 385 or 397 of the Code, the Government if required, and the other copy for the use of Probation Officer to enable him to give an accurate report Sessions Judges may address the Magistrates in whose custody the regarding the premature release of the prisoner under the records are, without the intervention of the Chief Judicial Magistrate, Advisory Board Scheme); in Judicial Form No.33. The records so called for may likewise be (viii) Two copies (for each prisoner) to the Superintendent of the Prison to which a prisoner is retransmitted directly to the Courts concerned within fifteen days committed in case when such prisoner is sentenced to death after the disposal of the cases. to prevent delay in the transmission to Government of petitions for mercy; (ix) One copy to the Head of the Department, or immediate superior in cases in which the official character or 112. No fresh warrant need be issued in certain cases.− conduct of a Government servant is impugned; and In cases in which the Central Government or the State Government (x) One copy to be bound up in a volume of suspends, remits or commutes a sentence under sections 432, 433 judgments for reference in Court of Session.89 9901 108. Distribution of copies of judgments.− (1) Every Court shall host the judgment in the official website on the date of its CHAPTER - XIX pronouncement. COMMUNICATIONS ISSUED TO SUBORDINATE MAGISTRATES (2) Every Court of Session shall, within fourteen days from 109. Mode of communicating orders to Subordinate the date of pronouncing the judgment, distribute copies of the Magistrate.− All proceedings of the Court of Session addressed to judgment free of cost as follows:− any Magistrate subordinate to the Chief Judicial Magistrate shall, (i) One copy to the committal Court; except in cases of urgency or when the law sanctions a different (ii) One copy to the District Collector; course, be sent to the Magistrate concerned through the Chief Judicial (iii) One copy to the Commissioner of Police or Magistrate. Superintendent of Police of the District, as the case may be; (iv) One copy to the investigating agency through the Prosecutor concerned; 110. Procedure in cases of urgency.− In the cases, except (v) One copy to the High Court as provided for in the rules relating to the submission of judgments and in the foregoing rule, the Court of Session shall send the proceedings calendars; to the Magistrate concerned and to the Chief Judicial Magistrate (vi) Three copies to the High Court as provided for simultaneously. in the rules relating to the submission of records; (vii) Two copies (in respect of each prisoner) to the Superintendent of the Prison to which the prisoner is 111. Calling for records on appeal or revision without committed when such prisoner is sentenced to imprisonment (one copy for being filed with the warrant of intervention of the Chief Judicial Magistrate.− In calling for the committal or used for the purpose of memorializing to the records of an inferior Court under section 385 or 397 of the Code, the Government if required, and the other copy for the use of Probation Officer to enable him to give an accurate report Sessions Judges may address the Magistrates in whose custody the regarding the premature release of the prisoner under the records are, without the intervention of the Chief Judicial Magistrate, Advisory Board Scheme); in Judicial Form No.33. The records so called for may likewise be (viii) Two copies (for each prisoner) to the Superintendent of the Prison to which a prisoner is retransmitted directly to the Courts concerned within fifteen days committed in case when such prisoner is sentenced to death after the disposal of the cases. to prevent delay in the transmission to Government of petitions for mercy; (ix) One copy to the Head of the Department, or immediate superior in cases in which the official character or 112. No fresh warrant need be issued in certain cases.− conduct of a Government servant is impugned; and In cases in which the Central Government or the State Government (x) One copy to be bound up in a volume of suspends, remits or commutes a sentence under sections 432, 433 judgments for reference in Court of Session.9912 92 and 434 of the Code and in cases in which the President or the except in cases of acquittal and a note should be made as to whether Governor under Article 72 or Article 161 of the Constitution of India any or all of those previous convictions have been admitted by or grants a pardon, reprieve or remission, no fresh or revised warrant proved against the accused. need be issued. 115. Courts of Session to send copies of judgments to High Court.− (1) The Courts of Session shall submit to the High 113. Intimation to be given to the Controller of Defence Court, copies of all their judgments in original trials within one month Accounts-Pensions, Allahabad.− (1) When a military pensioner is from the date of pronouncing judgment in each case. convicted and sentenced to imprisonment or where such conviction and sentence of imprisonment are confirmed in appeal, the Court (2) The Assistant and Additional Sessions Judges shall submit passing or confirming such a sentence shall forward to the Controller copies of the judgments in original trials to the High Court through of Defence Accounts-Pensions, Allahabad, free of charge, a copy of the Sessions Judge. such judgment as soon as possible after it is pronounced stating the place from where the pensioner last drew his pension. 116. Special report may be sent in any particular case.− When the Sessions Judge sees occasion to comment specially on the action of a Magistrate in connection with a case coming before the (2) The Metropolitan Magistrate or Judicial Magistrate, as the Sessions Court, he should send up to High Court, a special report on case may be, shall forward such judgment through the Chief the subject in the form of a letter without awaiting the receipt of the Metropolitan Magistrate or Chief Judicial Magistrate, as the case may calendar. be. (3) The Assistant and Additional Sessions Judges shall forward such judgments through the Sessions Judge. (4) This rule shall also apply to judgments of the High Court exercising powers of appeal or revision. 114. Previous convictions to be noted in Sessions calendars.− In all Sessions calendars submitted to the High Court, particulars of previous convictions and sentences should be given91 9923 and 434 of the Code and in cases in which the President or the except in cases of acquittal and a note should be made as to whether Governor under Article 72 or Article 161 of the Constitution of India any or all of those previous convictions have been admitted by or grants a pardon, reprieve or remission, no fresh or revised warrant proved against the accused. need be issued. 115. Courts of Session to send copies of judgments to High Court.− (1) The Courts of Session shall submit to the High 113. Intimation to be given to the Controller of Defence Court, copies of all their judgments in original trials within one month Accounts-Pensions, Allahabad.− (1) When a military pensioner is from the date of pronouncing judgment in each case. convicted and sentenced to imprisonment or where such conviction and sentence of imprisonment are confirmed in appeal, the Court (2) The Assistant and Additional Sessions Judges shall submit passing or confirming such a sentence shall forward to the Controller copies of the judgments in original trials to the High Court through of Defence Accounts-Pensions, Allahabad, free of charge, a copy of the Sessions Judge. such judgment as soon as possible after it is pronounced stating the place from where the pensioner last drew his pension. 116. Special report may be sent in any particular case.− When the Sessions Judge sees occasion to comment specially on the action of a Magistrate in connection with a case coming before the (2) The Metropolitan Magistrate or Judicial Magistrate, as the Sessions Court, he should send up to High Court, a special report on case may be, shall forward such judgment through the Chief the subject in the form of a letter without awaiting the receipt of the Metropolitan Magistrate or Chief Judicial Magistrate, as the case may calendar. be. (3) The Assistant and Additional Sessions Judges shall forward such judgments through the Sessions Judge. (4) This rule shall also apply to judgments of the High Court exercising powers of appeal or revision. 114. Previous convictions to be noted in Sessions calendars.− In all Sessions calendars submitted to the High Court, particulars of previous convictions and sentences should be given9934 CHAPTER - XX SESSIONS STATEMENT 117. Sessions statement.− The Sessions Judge should submit to the High Court, a quarterly statement of all the Sessions Cases, Criminal Appeals and Revisions disposed of in the districts containing the following particulars:− 1. Serial number of Sessions Cases. 2. Serial number of appeals or revision cases disposed of during the quarter. 3. Police Station and crime number (if shown in records received in the Sessions Court). 4. From what Court, the appeal or revision is preferred. 5. Number of the case in that Court. 6. Number of the appeal or revision case. 7. Name and description of the appellant or petitioner. 8. Sentence and Law under which it was imposed in the lower Court. 9. Whether confirmed or modified or reversed. 10.If modified, the modification.94 95 CHAPTER - XXI APPEALS 118. Head Ministerial Officer to receive criminal appeals.− The Memorandum of criminal appeal and the criminal revision petition shall be presented in the office of the Court of Session or in the Registry of the High Court, as the case may be, except appeals under section 383 of the Code. The particulars of the Memorandum of criminal appeal and criminal revision petition so presented in the office of the Court of Session shall be entered in Administrative Form Nos.2 and 3, respectively (Criminal Register Nos. 2 and 3 respectively). The Court shall not insist filing of affidavit in support of the memorandum of appeal or revision. 119. Separate or joint appeals when to be preferred.− Where several accused persons are convicted in a single trial, each of them can prefer an appeal against his conviction either separately or jointly with one or more of the other accused. But, when one accused has been convicted at different trials, he should prefer separate appeal in each case. 120. Prison appeals.− No appeal forwarded from prison under section 383 of the Code shall be summarily rejected until fifteen days have elapsed after its receipt by the Appellate Court. In forwarding such an appeal, the officer-in-charge of the prison shall invariably certify that the appellant has been informed that, if he intends to appoint an advocate, an appearance must be put in within fifteen9956 days from the date on which his petition may reach the Appellate Court: Provided that nothing in this rule shall oblige the Appellate Court to wait for the full period of fifteen days, if the appellant has appeared and been heard in person or by advocate within that period. 121. When notice may be dispensed with in appeals received from appellants in prisons.− When a Court of Appeal decides to proceed under section 384 of the Code, in disposing of an appeal received under section 383 of the Code from an appellant who is in prison, it is not legally bound to give notice to the appellant nor is it generally necessary to do so. It is sufficient as a rule if the Court allows seven days to elapse before proceeding to dispose of the appeal under section 384 of the Code. 122. When notice should be given in appeal received from appellant in prison.− When the Court decides to proceed under section 385 of the Code, notice shall be issued to the appellant or his advocate and the intimation given by the officer of the prison when forwarding the appeal petition is not sufficient for this purpose. 123. Notice of appeal to whom to be given.− (1) Subject to the provisions of section 385 of the Code, notice of appeal shall be given to the Public Prosecutor concerned in the Appellate Court representing the agency that had investigated the case, in Judicial Form No.32. In all other cases, to the respondent shown in the memorandum of appeal.9967 (2) In a case where compensation has been awarded to a person, notice shall also be given to him. (3) Every notice issued under this Chapter shall be accompanied by a copy of the petition/grounds of appeal/revision on plain paper. The person receiving the notice shall acknowledge the receipt of the notice immediately. But, the hearing of the case will not be delayed for want of such acknowledgment. (4) In addition to the other modes of service of notice, the Court may order service of notice by e-mail to a party. (5) In addition to the other modes of service of notice, the Sessions Court may also direct the appellant / petitioner that the information about the pendency of the appeal/revision be intimated to the advocate who had appeared for the respondent in the Court below, so as to enable him to inform the party, for taking steps to enter appearance. Compliance with this rule, by itself, cannot be a ground for setting aside the respondent ex parte. APPEAL AGAINST ACQUITTAL 124. Notice to Public Prosecutor of bail application.− (1) The Court shall give notice of every application for bail and an application under section 390 of the Code to the local Public Prosecutor. (2) In cases where bail is granted under section 390 of the Code, the Court granting such bail shall report the fact to the High Court at once.9987 SUSPENSION OF SENTENCE 125. Copy of the order of suspension to be sent to the Superintendent of Prison.− Copy of the orders of bail and suspension of sentence shall be forwarded to the Superintendent or Officer in-charge of the prison in which the accused is confined in Judicial Form No.41. 126. Copy of order of dismissal to be sent to the Superintendent of Prison.− Whenever an Appellate Court dismisses an appeal, it shall, whether the execution of the sentence is suspended under section 389 of the Code or not, send a copy of the order dismissing the appeal to the Superintendent or officer in-charge of the prison in which the appellant is or is to be confined in Judicial Form No.34. 127. Amended warrant to be sent to Superintendent of Prison when sentence of imprisonment is modified.− Subject to the provisions of section 388 of the Code, whenever an Appellate Court modifies a sentence of imprisonment, it shall prepare a fresh warrant in Judicial Form No.37 in accordance with the terms of the order passed and shall send the same along with a copy of the order direct to the Superintendent or officer in-charge of the prison in which the appellant is or is to be confined and shall recall and cancel the original warrant of commitment, which shall be attached to the record of the Court and returned to it therewith. 128. Warrant of release to be sent to Superintendent of Prison when sentence of imprisonment is reversed.− Whenever an Appellate Court reverses a sentence of imprisonment, it shall9989 prepare a warrant of release in Judicial Form No.36 and shall send the same by Registered Post with Acknowledgment Due, along with a copy of the order direct to the officer in-charge of the prison in which the appellant is confined. It shall, at the same time, recall and cancel the original warrant of commitment which shall be attached to the record of the original Court and returned to it therewith. 129. Order of refund of fine.− Whenever an Appellate Court reduces or reverses a sentence of fine, it shall, if the fine has been levied, grant an order of refund to the appellant in his name or in the name of his advocate holding a special vakalat specially authorizing him to receive the money on behalf of the appellant, in Administrative Form No.45. When the order of refund is presented to the Court of first instance, it shall forthwith prepare the necessary bill for payment in Administrative Form No.39 and deliver it to the payee on proper identification and the acknowledgment in this regard shall be obtained in Administrative Form No.24 (Criminal Register No.24). 130. Collection of additional fines.− Whenever an Appellate Court other than the High Court, enhances the fine imposed, it shall, if the excess fine amount is not paid immediately, intimate the Court of first instance, which shall take immediate steps to collect the excess fine and intimate the action taken to the Appellate Court concerned. 131. Order of High Court on appeal and revision.− Rules 125 to 129 do not apply to the High Court. The procedure applicable to the High Court in appeals and revision cases is provided in sections 388 and 405 of the Code. Whenever the High Court certifies its19090 100 judgment or order to a lower Court under either of these sections, it 134. Copy of judgment to be returned to prisoner in is the duty of the latter Court to issue necessary warrant of release in prison.− The Court disposing of an appeal by a convict in prison Judicial Form No.40 or modification of sentence in Judicial Form No.39 shall, in communicating its order to the prisoner, return to him or order for the refund of fine in Administrative Form No.45 and in through the Prison authorities, the copy of the judgment appealed doing so, it shall be guided, as far as may be, by the above provisions against which accompanied the petition of appeal. of rules 125 to 129. NOTE: In this rule, the expression “Lower Court” means, in the case of a judgment 135. As many copies of judgments to be sent as there are or order passed by the High Court on a revision petition against the finding, sentence or order of an Appellate Court, the Appellate Court and not the Court of prisoners.− In the case referred to in rules 126 to 128, 131 and first instance. 133, warrants shall be prepared separately for each prisoner and communicated to the Superintendent or officer in-charge of the prison 132. Time for presentation of payment order.− Payment in which the prisoners are confined and each warrant shall be order shall be presented for payment within three months from the accompanied or followed, as soon as possible, by the judgment or date of its issue. If not presented within that period, it shall be order in accordance with which the warrants are prepared. returned to the Court, and may then, after being re-dated and initialled by the Court concerned, be re-issued to the payee. 136. Return of papers after disposal of appeal, etc..− On the termination of an appeal, revision petition or other application, 133. Duplicate copy of order of High Court to be sent to the Court to which such appeal, revision petition, or application is Superintendent of Prison.− When an order of the High Court in made, shall, on an application in writing made in that behalf by the appeal or revision is certified to a lower Court under section 388 or party or Advocate concerned, return, as soon as possible, copies of 405 of the Code, it shall be issued in duplicate and the lower Court judgments, order and other papers filed as enclosures to such shall, on receipt of the order, forthwith send one copy of it to the appeals, revision petitions or applications. An endorsement on the Superintendent or officer in-charge of the prison in which the prisoner application for return signed by the party or Advocate, shall be is confined, along with the warrant in Judicial Form No.39, if any, sufficient voucher for the return of the copies. required by rule 131. If the High Court order is an order of release, one copy shall be sent direct from the High Court to the Superintendent or officer in-charge of the prison. 137. Contents of judgment.− (1) In all cases of appeal, the NOTE: In this rule, the expression “Lower Court” means, in the case of a judgment point or points for determination in appeal and the reasons for the or order passed by the High Court on a revision petition against the finding, sentence or order of an Appellate Court, the Appellate Court and not the Court of decision of the Appellate Court shall be stated. first instance.99 110010 judgment or order to a lower Court under either of these sections, it 134. Copy of judgment to be returned to prisoner in is the duty of the latter Court to issue necessary warrant of release in prison.− The Court disposing of an appeal by a convict in prison Judicial Form No.40 or modification of sentence in Judicial Form No.39 shall, in communicating its order to the prisoner, return to him or order for the refund of fine in Administrative Form No.45 and in through the Prison authorities, the copy of the judgment appealed doing so, it shall be guided, as far as may be, by the above provisions against which accompanied the petition of appeal. of rules 125 to 129. NOTE: In this rule, the expression “Lower Court” means, in the case of a judgment 135. As many copies of judgments to be sent as there are or order passed by the High Court on a revision petition against the finding, sentence or order of an Appellate Court, the Appellate Court and not the Court of prisoners.− In the case referred to in rules 126 to 128, 131 and first instance. 133, warrants shall be prepared separately for each prisoner and communicated to the Superintendent or officer in-charge of the prison 132. Time for presentation of payment order.− Payment in which the prisoners are confined and each warrant shall be order shall be presented for payment within three months from the accompanied or followed, as soon as possible, by the judgment or date of its issue. If not presented within that period, it shall be order in accordance with which the warrants are prepared. returned to the Court, and may then, after being re-dated and initialled by the Court concerned, be re-issued to the payee. 136. Return of papers after disposal of appeal, etc..− On 133. Duplicate copy of order of High Court to be sent to the termination of an appeal, revision petition or other application, the Court to which such appeal, revision petition, or application is Superintendent of Prison.− When an order of the High Court in made, shall, on an application in writing made in that behalf by the appeal or revision is certified to a lower Court under section 388 or party or Advocate concerned, return, as soon as possible, copies of 405 of the Code, it shall be issued in duplicate and the lower Court shall, on receipt of the order, forthwith send one copy of it to the judgments, order and other papers filed as enclosures to such appeals, revision petitions or applications. An endorsement on the Superintendent or officer in-charge of the prison in which the prisoner application for return signed by the party or Advocate, shall be is confined, along with the warrant in Judicial Form No.39, if any, sufficient voucher for the return of the copies. required by rule 131. If the High Court order is an order of release, one copy shall be sent direct from the High Court to the Superintendent or officer in-charge of the prison. 137. Contents of judgment.− (1) In all cases of appeal, the NOTE: In this rule, the expression “Lower Court” means, in the case of a judgment point or points for determination in appeal and the reasons for the or order passed by the High Court on a revision petition against the finding, sentence or order of an Appellate Court, the Appellate Court and not the Court of decision of the Appellate Court shall be stated. first instance.101 102 (2) When an appeal is rejected under section 384 of the Code, the judgment shall contain a statement, if the fact be so, that the Court has perused the petition of appeal and a copy of the judgment or order appealed against and has heard the appellant or his counsel, as the case may be, if they appeared, or if the fact be so, that the appellant was called on the date fixed and did not appear either in person or by counsel. 138. Tabular statement to be given in appeal judgment.− The judgment shall contain the particulars in a tabular statement as in Judicial Form No.62.110032 CHAPTER - XXII REVISION AND RECOMMENDATION TO GOVERNMENT 139. Sessions Judge to revise case which calls for revision.− (1) The Sessions Judge shall carefully peruse all judgments and orders submitted to him with calendar statements with a view to exercise his powers of revision and shall deal with any case under section 399 of the Code. (2) In the absence of any urgency, the Sessions Judge shall not exercise his power of revision under section 399 of the Code in cases where an appeal is provided by law, until the time allowed for the appeal has expired. 140. Chief Metropolitan Magistrate/Chief Judicial Magistrate to comply with requisitions of Sessions Judge.− The Chief Metropolitan Magistrate / Chief Judicial Magistrate shall comply with all requisitions for records, returns and information made by the Sessions Judge. They shall also render any explanation which the Sessions Judge may require from them or from a Subordinate Magistrate in such a case. 141. Explanation from the Magistrate.− In a case where the Sessions Judge, on perusing the calendar, is of the opinion that a judgment or order calls for revision under section 399 of the Code, he shall obtain the explanation of the Magistrate concerning the alleged error. The explanation shall be obtained through the Chief Judicial Magistrate.103 104 142. Certified copies of judgments or orders to be filed in all revision cases.− In all revision cases, certified copies of the judgments or orders sought to be revised should invariably be furnished. 143. Calling for records.− In a case where the Sessions Judge is of the opinion that the judgment or order calls for revision under section 399 of the Code, he may call for the record of the case. 144. Mode of sending material papers.− In a case where the original record is required, the Court concerned shall send the material part of the original record along with a photocopy of the said record duly certified and the original record shall be returned to the Court concerned after perusal of the same by the Judge who had called for it. 145. Recommendations to Government to remit or commute sentence.− Whenever a Sessions Judge or a Magistrate is of the opinion that there are grounds for recommending to the Government to exercise the powers vested on them under section 432 or 433 of the Code of remitting or commuting any sentence adjudged by the Court, the recommendation for remission or commutation of the punishment shall be submitted to the Government in the following manner:−110054 (1) through the High Court when made by a Sessions Judge; (2) through the Sessions Judge and the High Court when made by a Chief Judicial Magistrate; (3) through the Chief Judicial Magistrate and the High Court, when made by any Magistrate other than the Chief Judicial Magistrate or Additional Chief Judicial Magistrate; (4) through the Chief Metropolitan Magistrate and the High Court when made by any Metropolitan Magistrate; and (5) through the High Court when made by the Chief Metropolitan Magistrate or the Additional Chief Metropolitan Magistrate. 146. Report of the presiding Judge on reference under section 432 of the Code to be forwarded to Government through the High Court.− In cases in which the opinion of the presiding Judge is called for by the Government under sub-section (2) of section 432 of the Code, the same shall be forwarded by the presiding Judge through the High Court, whether the requisition for the opinion has been received through the High Court or not. 147. Application for transfer to be filed as Criminal Miscellaneous Petition.− Every application for transfer of a case presented independently or against an order of subordinate Criminal Court making or refusing to make an order of transfer, shall be filed and registered as Criminal Miscellaneous Petition and not as Revision Petition.105 106 CHAPTER - XXIII HIGH COURT APPEALS 148. Tapal petitions for exercise of judicial authority not to be entertained.− Save as otherwise provided, no application or petition for the exercise by the High Court of its judicial authority will be entertained when forwarded by post. 149. Form of appeal, etc..− All petitions, applications, affidavits, memorandum of appeal or revision petitions and all applications presented to the High Court, shall be in English and shall be typewritten or printed, fairly and legibly on substantially white foolscap folio paper with an outer margin about two inches wide and separate sheets shall be stitched together bookwise. The writing or printing may be on both sides of the paper and numbers shall be expressed in figures. 150. Cause title of Miscellaneous Petition.− Every original and miscellaneous petition shall be headed with a cause-title setting out the provision of law under which it is filed and the names and full addresses of the parties to it separately numbered and described as petitioners and respondents. The parties shall also furnish their mobile number or e-mail id or aadhaar card number.106 107 151. Cause title of memorandum of appeal.− (1) Every memorandum of criminal appeal other than an appeal presented to a prison officer, shall be headed with a cause title setting out the provision of law under which it is preferred, the name of the Court, the name of the appellants with address and mobile number or e-mail id or aadhaar card number and the name and address of and respondents in the High Court and also the full cause title of the case or matter in the lower Court or Courts, as the case may be. (2) Where an appellant is in prison, that fact shall be mentioned in the cause-title with an indication of the prison in which he is confined. (3) These provisions shall, as far as may be, apply to revision petition also. 152. Cause title of subsequent proceedings.− Every proceeding, subsequent to an appeal, revision petition or other application, may be headed with a short cause title setting out the provisions of law and the names of the parties and their ranks and status in the main case. 153. Enclosures of appeal or revision petition.− (1) Every memorandum of appeal or revision shall be accompanied by a certified copy or the copy furnished by the Court to the party of the110087 judgment or order of the Court appealed against or sought to be revised, a memorandum of appearance duly signed with the enrollment number and address of the Advocate and the necessary vouchers for the verification of any matter or entry in the petition or enclosures. (2) When a revision petition is presented against the judgment or order passed in appeal, it shall also be accompanied by a certified copy of the judgment or order of the Court of first instance obtained either by a fresh application for copy or by a return of enclosures under rule 136. 154. Petition to excuse delay to accompany appeals or revision petitions presented out of time.− (1) Every petition filed seeking condonation of delay in presenting appeal or revision shall be accompanied by an affidavit explaining the sufficient cause for such delay. (2) The period of limitation prescribed for filing a revision petition is exclusive of the time occupied in obtaining a certified copy of the order or judgment which the petitioner seeks to revise, but, inclusive of the time occupied in obtaining return documents under rule 136. 155. Separate petition to be filed in each case.− Every interlocutory application relating to an appeal, revision petition or original petition shall be made by a separate petition in each case.108 109 156. Court fee to be paid on each petition.− Every petition filed in Court or presented in the office shall be stamped with the Court fee to which it is liable under the law. 157. Return of defective petitions, etc., and their re- presentation.− Every petition or application which does not comply with the above requirements or is otherwise defective shall be returned with reasons to the party or Advocate concerned for amendment and re-presentation within a specified time. 158. Petition to excuse delay to accompany appeals out of time on the date of re-presentation.− Every petition seeking condonation of delay in re-presenting the appeal memorandum or revision petition returned by the Court, within the specified time, shall be accompanied by an affidavit explaining the sufficient cause for the delay. 159. Posting of cases for admission.− Every appeal (other than one preferred from prison or in which the prisoner has been sentenced to death or has been called upon to show cause why he should not be so sentenced), revision, application and petition shall be posted for admission at the earliest possible opportunity after it is filed. 160. Motion cases.− Every petition or application intended to come up for orders of the High Court as a special motion should be111009 110 filed in the Registry not later than 1.30 p.m. on the day previous to (3) In addition to the other modes of service of notice, the the day on which the motion is to be heard. High Court may also direct the petitioner/appellant that the information about the pendency of the petition/appeal be intimated to the advocate who had appeared for the respondent in the Court 161. Motion to be taken before the day’s regular work.− below, so as to enable him to inform the party for taking steps to Every petition allowed by the Registry under rule 160 may be taken enter appearance. Compliance with this rule, by itself, cannot be a up before the regular work of the Court for the day and shall also ground for setting aside the respondent ex parte. have precedence over civil motions. 165. Notice to Public Prosecutor in cases referred to High Court under section 366 of the Code.− In cases referred to the 162. Additional set of papers to be filed in motions before High Court for the confirmation of capital sentence, the Court shall a Bench of two or more Judges.− Where a motion has to be heard issue notice to the Public Prosecutor or to the Prosecuting Agency to by a Bench of two or more Judges, additional sets of papers should be appear on behalf of the prosecution. furnished by the party concerned. 163. Twenty four hours notice to Public Prosecutor to be 166. Every notice issued under this Chapter shall be given in cases of transfer.− No application for transfer in which accompanied by a copy of the petition/grounds of appeal/revision on previous notice is prescribed by the Code shall be accepted as a plain paper. The person receiving the notice shall acknowledge the special motion unless it bears an endorsement or is accompanied by a receipt of the notice immediately. But, the hearing of the case will satisfactory voucher that notice was given to the Public Prosecutor at not be delayed for want of such acknowledgment. least twenty four hours before the forenoon of the day on which the Court sits to take up the application. 167. Service on prisoners through prison authorities.− Notice for service on parties in prison will be forwarded to the officer 164. Personal notice in the absence of advocate.− (1) in-charge of the prison and endorsement by the officer that notices Notices in criminal cases shall be served on parties personally unless were duly served shall be taken as proper service. they are represented by advocate in which case notice shall be given to such advocate. The Registry may also sent notice to the party by 168. Cases in which Court printing is done.− (1) The e-mail. following classes of cases will be printed by the Registry without (2) It is permissible for the Court to order private notice or special orders of Court:- notice by publication to a party.109 111110 filed in the Registry not later than 1.30 p.m. on the day previous to (3) In addition to the other modes of service of notice, the the day on which the motion is to be heard. High Court may also direct the petitioner/appellant that the information about the pendency of the petition/appeal be intimated to the advocate who had appeared for the respondent in the Court 161. Motion to be taken before the day’s regular work.− below, so as to enable him to inform the party for taking steps to Every petition allowed by the Registry under rule 160 may be taken enter appearance. Compliance with this rule, by itself, cannot be a up before the regular work of the Court for the day and shall also ground for setting aside the respondent ex parte. have precedence over civil motions. 165. Notice to Public Prosecutor in cases referred to High Court under section 366 of the Code.− In cases referred to the 162. Additional set of papers to be filed in motions before High Court for the confirmation of capital sentence, the Court shall a Bench of two or more Judges.− Where a motion has to be heard issue notice to the Public Prosecutor or to the Prosecuting Agency to by a Bench of two or more Judges, additional sets of papers should be appear on behalf of the prosecution. furnished by the party concerned. 163. Twenty four hours notice to Public Prosecutor to be 166. Every notice issued under this Chapter shall be given in cases of transfer.− No application for transfer in which accompanied by a copy of the petition/grounds of appeal/revision on previous notice is prescribed by the Code shall be accepted as a plain paper. The person receiving the notice shall acknowledge the special motion unless it bears an endorsement or is accompanied by a receipt of the notice immediately. But, the hearing of the case will satisfactory voucher that notice was given to the Public Prosecutor at not be delayed for want of such acknowledgment. least twenty four hours before the forenoon of the day on which the Court sits to take up the application. 167. Service on prisoners through prison authorities.− Notice for service on parties in prison will be forwarded to the officer 164. Personal notice in the absence of advocate.− (1) in-charge of the prison and endorsement by the officer that notices Notices in criminal cases shall be served on parties personally unless were duly served shall be taken as proper service. they are represented by advocate in which case notice shall be given to such advocate. The Registry may also sent notice to the party by 168. Cases in which Court printing is done.− (1) The e-mail. following classes of cases will be printed by the Registry without (2) It is permissible for the Court to order private notice or special orders of Court:- notice by publication to a party.111112 (i) Reference under section 395 of the Code. (ii) Appeal under the Code. (2) (i) It will not ordinarily be necessary to print inquest reports and prior statements which are filed merely to prove omissions or motive. (ii) Where parts of a document are relied on, those parts alone need be printed, as indicated by the trial Court in the judgment or the list of exhibits annexed. (iii) In cases where there are a number of accused, such as cases involving offences like rioting, the printing of statements of the accused under section 313 of the Code may be dispensed with: Provided that three copies of such statements are typed, one for the Court, one for the use of the Public Prosecutor and one for joint reference by all the counsel for the accused persons. 169. Evidence to be printed only if pleadings are printed.− No party will be permitted to print the evidence in a case without his having paid for the printing of the pleadings. 170. Time for translation and printing list.− No application for the printing of evidence presented by the petitioner after the expiry of one week from the date of the admission of his petition or by the respondent after the expiry of fourteen days from the date of service of the notice of the petition, shall be received except under the orders of the Registrar.111132 171. Registrar to permit printing of fresh documents to be admitted in evidence.− When application is made for the translation and printing of any document not on the record of the case with a view to its admission in evidence, the translation and printing may be ordered by the Registrar, provided that the order shall be made without prejudice to the posting of the case. 172. Bill to be paid within ten days from its issue.− A party to whom a bill is issued for printing charges, whether in respect of pleading, or of evidence, shall be called upon to pay the amount therein specified within ten days from the date of its service on him and no payment shall be received after the expiry of that period, except under an order of the Registrar. 173. No printing in revision cases wherein there is an order of stay.− In the absence of an express direction to the contrary, no printing either of pleadings or of evidence, shall be done in a revision case, pending disposal of which, stay of proceedings in any criminal case has been ordered by the Court. 174. Cases in which printed papers are to be supplied gratis.− Printed papers will be supplied free of cost in the following cases:- (i) One set to the Public Prosecutor in every case in which notice has been issued to him; (ii) One set to the advocate to whom a State brief has been issued; (iii) One set to the advocate who has been appointed to act as amicus curiae;111143 (iv) One set to the advocate for accused in - (a) proceedings submitted to the High Court under section 366 of the Code; (b) Appeals against acquittal; (c) Revisions for enhancement of sentence to death. 175. Application to be made in other cases.− (1) An advocate requiring free supply of printed or typed papers in any other case should obtain the orders of Court by means of a petition or otherwise. (2) Application for free copies of printed papers shall be made at the time of the admission of an appeal or petition in any other case and shall be supported, wherever possible, by an affidavit on the means of the accused. 176. Additional sets to be applied for at the time of printing.− Applications for additional sets of printed papers shall not be entertained unless they are made by parties paying for the printing and are made in sufficient time to enable the office to comply with the requisition. 177. Payment to be made in other case.− Printed papers will not be issued to parties or advocates not having notice in a case except on payment and under the special orders of the Registrar. Explanation: The expression “printing” wherever it occurs includes “typing”, “photostat” or any other process for making legible copies of the record.111154 178. List of ready cases.− (1) A list of cases ready for hearing shall be exhibited on the notice board as each case becomes ready and no criminal case shall ordinarily be posted for hearing within a week of its being so exhibited. (2) No such list shall however be exhibited for original miscellaneous applications. 179. Rough list.− A rough list of cases for disposal on the next working day shall be exhibited on the notice board each day. 180. Weekly list.− In addition to the list referred to in the preceding rule, a special list of cases shall be put up on Tuesday preceding the week during which they shall be disposed of by the Criminal Bench, when applications for adjournment of any case on such list shall be dealt with. 181. Cases to be heard by Bench of two Judges or more.− The following classes of cases shall ordinarily be heard by a Bench of two Judges:− (i) Every proceeding under section 366 of the Code and every appeal from the judgment of a criminal Court in which sentence of death or imprisonment for life has been passed on the appellant or on a person tried with him; (ii) Every reference under section 395 of the Code; (iii) Every appeal against acquittal on a capital charge; (iv) Every case taken up in revision for enhancement of sentence to death; (v) Every application for directions of the nature of Habeas Corpus under Article 226 of the Constitution of India;116 115 (vi) Every appeal, application, reference or revision petition which may be referred to a Bench by a Single Judge; (vii) Any other case as may be directed by the Chief Justice to a Bench of two Judges. 182. Single Judge cases.− All other criminal cases not referred to in rule 181 shall ordinarily be heard by single Judge. 183. Reference under section 366 of the Code, to be given preference.− Reference under section 366 of the Code shall have precedence over other cases posted before the Criminal Bench. 184. Judgment and orders to be despatched 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. 185. Orders on reference under section 366 of the Code, to be communicated on the same day.− An order on a reference under section 366 of the Code shall be certified to the Court of Session on the same day on which the judgment is pronounced. 186. Orders to be issued beforehand if preparation of judgment is delayed.− Where, in any of the following cases, the Judgment of the High Court cannot be certified to the Lower Court on the day on which it is pronounced, an order drawn up in conformity with the Judgment will be certified on the day on which Judgment is delivered or the next working day:-111176 (i) Every case in which a judgment of acquittal or release is passed or upheld and the accused or any of them is in custody; (ii) Every case in which a sentence is passed, enhanced, or confirmed and the accused or any of them is on bail or otherwise at large; (iii) Every case in which a sentence on the accused person who is entitled to early or immediate release upon such order is reduced or altered; and (iv) Every other case which, by its nature, requires urgent or immediate action. 187. Judgments relating to Sessions trials.− Judgments of the High Court in cases relating to trials by a Court of Session shall be communicated to,− (i) The Sessions Judge; (ii) The Additional or Assistant Sessions Judge, as the case may be; (iii) The Superintendent of Prison, if any, in which the accused is confined; (iv) The prosecuting agency concerned; (v) The Superintendent of Police concerned or any other Officer of higher rank; (vi) The Public Prosecutor, High Court. 188. To whom orders are to be communicated.− Orders issued in advance of judgments shall be communicated to the officers and parties to whom judgments are communicated.117 118 189. Orders to be communicated to Subordinate Magistrates through the Chief Judicial Magistrates.− Every order and judgment relating to a magisterial enquiry or trial shall be communicated to the Magistrate or Magistrates concerned through the Chief Judicial Magistrate in the absence of special urgency.111198 CHAPTER - XXIV REVISION CASES 190. Applicability of Rules to revision cases.− Rules 187 to 189 shall apply mutatis mutandis to revision cases arising from cases, other than Sessions trials. 191. Certificate under Article 132 or 134 of the Constitution of India.− In cases where the High Court grants a certificate under Article 132 or Article 134 of the Constitution of India to a person under sentence of death, the date of the issue of the certificate shall forthwith be intimated to the Government and the Superintendent of the Prison in which the prisoner is confined. 192. State brief.− An advocate will be engaged through the Legal Services Authority to defend an accused person who does not engage an advocate himself and who is under sentence of death or has been called upon to show cause why a sentence of death should not be passed upon him or against whom an appeal has been filed under section 378 of the Code in cases involving imprisonment, and may, if necessary, be engaged in a case involving a lesser sentence. 193. Fee in High Court.− The fee payable to an advocate appointed by the High Court is at the discretion of the High Court. 194. Return of records and material objects.− (1) On the termination in the High Court of a Reference, Appeal, Revision case or other application or matter, the records of the case with the material objects, if any, shall be returned to the Court or Courts from which111290 they were received along with the judgment or order of the High Court without delay. (2) If the records are not received by the Court concerned within six weeks from the date of receipt of the copy of the order or judgment passed by the High Court, as the case may be, the High Court shall be addressed for return of records sent for reference in connection with any appeal or other proceedings. 195. Return of enclosures.− Copies of judgments, orders or other papers filed by the parties in the High Court as enclosures to any appeal, revision petition or other application shall, on the termination of such appeal, revision petition or application, be returned to them on a requisition made by them in that behalf, under the orders of the Registrar. 196. In sentences of death, two sets of papers to be sent to Government.− In every case in which a sentence of death is passed or confirmed by the High Court, two copies of the judgment of the High Court with two sets of printed evidence and of all other material papers shall be forwarded to the Government in Home Department. 197. Copies of judgments to be sent to the prison concerned.− For the purpose of appeals to be preferred to the Supreme Court by prisoners confined in prisons, on a requisition by the Superintendent of the Prison concerned, the High Court shall supply free of cost, eight copies of the Lower and Appellate Courts' judgments.120 121 198. Criminal Rules of Practice to apply to High Court.− These Rules shall govern the practice of the High Court on the Appellate Side to the extent to which they are applicable.112221 122 CHAPTER – XXV seizure, the police officer considers that either or both of the methods referred to in clauses (b) and (c) of sub- GENERAL section (3) of section 88 of the Code [new section 83] should be adopted, he shall obtain an order to that effect LEVY OF FINES from the Court issuing the warrant. (ii) When the method referred to in clause (b) of sub- 199. Levy of fines.− In exercise of the power conferred by section (3) of section 88 of the Code (new section 83) is adopted and a receiver is appointed, the powers, duties sub-section (2) of section 386 of the Code of Criminal Procedure, and liabilities of such receiver shall be the same as those of 1898 (Central Act V of 1898), the State Government have framed a receiver appointed under Order XL of the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of rules for the “Execution of warrants for levy of fines and for the 1908). summary determination of any claims made by any person other than (3-A) The police officer who makes an attachment of the offender in respect of any property attached in execution of such movables under rule (3), may, after attachment hand over the articles attached to a third party on a bond being warrant.” These Rules, though framed under the 1898 Code, are executed in Form No.15-A of Appendix E to the Code of saved under section 484 of the Code and should be construed as Civil Procedure, 1908 (Central Act V of 1908), for their custody and production before the Court when required. Rules framed under sub-section (2) of 421 of the Code of Criminal (4) Before making the attachment, the police officer Procedure, 1973 (Central Act 2 of 1974). The said Rules are shall deliver or tender a copy of the warrant, to the offender or in his absence, to any adult male member of his reproduced hereunder: family. If a copy cannot be so delivered or tendered, the “Warrant for levy of fine: police officer shall affix a copy of the warrant at some conspicuous place where the property to be attached is (1) A warrant for the levy of fine issued under clause found. After making the attachment, the police officer shall, (a) of sub-section (1) of section 386 of the Code [new in like manner deliver, tender or affix, as the case may be, clause (a) of sub-section (1) of section 421], shall be an inventory of the property attached. directed to a police officer and shall be in Form No. XXXVII of Schedule V to the Code [New Form No.43 of Schedule II (5) If no claim is preferred to any property attached, to the Code]. within one month from the date of attachment, by any person other than the offender, the police officer executing (2) The authority issuing the warrant shall specify a the warrant shall have power to sell, within the time time for the sale of the attached property and for the mentioned in the warrant, and without previous reference return of the warrant. to the Court issuing the warrant the property or such (2-A) The following articles shall not be liable to portion thereof, as may be sufficient to satisfy the amount attachment or sale, viz.,:- to be levied: The necessary wearing apparel, cooking vessels, beds Provided that if the property attached consists of and bedding of the offender, his wife and children and such livestock or is subject to speedy and natural decay, or if its personal ornaments as in accordance with the custom or immediate sale would be for the benefit of the owner, the religious usage cannot be parted with by a woman, for police officer may sell it at once, but, the proceeds of the example, a thali or wedding ring. sale shall not be appropriated towards the fine, until the expiration of one month from the date of the attachment (3) (i) The attachment of movable property belonging and until any claim preferred under rule 6 has been to the offender shall be made by seizure: disposed of. Provided that, where, in addition to or in lieu of121 112232 CHAPTER – XXV seizure, the police officer considers that either or both of the methods referred to in clauses (b) and (c) of sub- GENERAL section (3) of section 88 of the Code [new section 83] should be adopted, he shall obtain an order to that effect LEVY OF FINES from the Court issuing the warrant. (ii) When the method referred to in clause (b) of sub- 199. Levy of fines.− In exercise of the power conferred by section (3) of section 88 of the Code (new section 83) is adopted and a receiver is appointed, the powers, duties sub-section (2) of section 386 of the Code of Criminal Procedure, and liabilities of such receiver shall be the same as those of 1898 (Central Act V of 1898), the State Government have framed a receiver appointed under Order XL of the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of rules for the “Execution of warrants for levy of fines and for the 1908). summary determination of any claims made by any person other than (3-A) The police officer who makes an attachment of the offender in respect of any property attached in execution of such movables under rule (3), may, after attachment hand over the articles attached to a third party on a bond being warrant.” These Rules, though framed under the 1898 Code, are executed in Form No.15-A of Appendix E to the Code of saved under section 484 of the Code and should be construed as Civil Procedure, 1908 (Central Act V of 1908), for their custody and production before the Court when required. Rules framed under sub-section (2) of 421 of the Code of Criminal (4) Before making the attachment, the police officer Procedure, 1973 (Central Act 2 of 1974). The said Rules are shall deliver or tender a copy of the warrant, to the offender or in his absence, to any adult male member of his reproduced hereunder: family. If a copy cannot be so delivered or tendered, the “Warrant for levy of fine: police officer shall affix a copy of the warrant at some conspicuous place where the property to be attached is (1) A warrant for the levy of fine issued under clause found. After making the attachment, the police officer shall, (a) of sub-section (1) of section 386 of the Code [new in like manner deliver, tender or affix, as the case may be, clause (a) of sub-section (1) of section 421], shall be an inventory of the property attached. directed to a police officer and shall be in Form No. XXXVII of Schedule V to the Code [New Form No.43 of Schedule II (5) If no claim is preferred to any property attached, to the Code]. within one month from the date of attachment, by any person other than the offender, the police officer executing (2) The authority issuing the warrant shall specify a the warrant shall have power to sell, within the time time for the sale of the attached property and for the mentioned in the warrant, and without previous reference return of the warrant. to the Court issuing the warrant the property or such (2-A) The following articles shall not be liable to portion thereof, as may be sufficient to satisfy the amount attachment or sale, viz.,:- to be levied: The necessary wearing apparel, cooking vessels, beds Provided that if the property attached consists of and bedding of the offender, his wife and children and such livestock or is subject to speedy and natural decay, or if its personal ornaments as in accordance with the custom or immediate sale would be for the benefit of the owner, the religious usage cannot be parted with by a woman, for police officer may sell it at once, but, the proceeds of the example, a thali or wedding ring. sale shall not be appropriated towards the fine, until the expiration of one month from the date of the attachment (3) (i) The attachment of movable property belonging and until any claim preferred under rule 6 has been to the offender shall be made by seizure: disposed of. Provided that, where, in addition to or in lieu of112243 124 (6) If any claim is preferred to any property attached subsequent to the return of the warrant, the fine, or any under rule (3) within one month from the date of such part thereof, remains unpaid and the Court has reasonable attachment, by any person other than the offender, on the grounds for believing that the offender has any movable ground that the claimant has an interest in such property property, it may issue a fresh warrant for the attachment and that such interest is not liable to attachment, the claim and sale of such property in accordance with the Code and shall be enquired into and disposed of as provided for in these rules.” rules (7) to (9): Provided that any claim preferred within the period allowed by this rule, may, in the event of the death of the 200. Collection of fine.− A Court levying fine should attempt claimant, be continued by his legal representative. to collect the fine immediately and should not wait to take action until (7) Claims may be preferred under rule 6 in the Court after the imprisonment has been undergone by the prisoner. If the by which the warrant is issued, or if the claim relates to property attached under a warrant endorsed by a District Court considers it necessary to recover the fine amount after the Magistrate (now Chief Judicial Magistrate) or the Chief imprisonment in default sentence has been undergone, it shall strictly Presidency Magistrate (now Chief Metropolitan Magistrate) under section 387 of the Code (new section 422), in the comply with the proviso to sub-section (1) of section 421 of the Code Court of such Magistrate. by recording special reasons. (8) Every such claim shall be enquired into and disposed of by the Court in which it is preferred: Provided that if preferred in the Court of a District 201. Payment of amount of compensation under section Magistrate (now Chief Judicial Magistrate) or Chief Presidency Magistrate (now Chief Metropolitan Magistrate), 357 of the Code.− The Court by which a fine or any portion of a fine such Magistrate may make it over to any Magistrate of the has been awarded as compensation under section 357 of the Code First or Second Class (now Judicial Magistrate), or to any Presidency Magistrate (now Metropolitan Magistrate), as shall, on the application of the person to whom such compensation the case may be, subordinate to him. has been awarded, grant an order in Judicial Form No.55 for payment (9) The enquiry shall be summary and the Court shall of the amount awarded direct to the treasury to which such amount record its decision on the claim with the reasons therefor. Such decision shall be final and shall forthwith be has been remitted, together with a certificate to the effect that either communicated to the Police officer executing the warrant (1) the sentence and award are not subject to appeal or have been who shall dispose of the property in accordance with such decision. confirmed by the Appellate Court and that no order has been received (10) The Police Officer executing the warrant shall, as from the Court of Revision modifying or reversing the order of soon as possible after the sale, produce the sale proceeds compensation, or (2) where the order as to compensation has been before the Court issuing the warrant, or if the property was sold under a Warrant endorsed by a District Magistrate modified in appeal or revision, that the payment order is in (now Chief Judicial Magistrate) or Chief Presidency conformity with such modification, or (3) that the appeal time has Magistrate (now Chief Metropolitan Magistrate) under section 387 of the Code (new section 422), in the Court of expired and that no appeal has been preferred and that no order has such Magistrate. been received from the Court of Revision modifying or reversing the (11) Subject to the proviso to sub-section (1) of section 386 of the Code (new section 421), and subject order of compensation. The acknowledgment for issuance of the order also to section 70 of the Indian Penal Code, if, at any time123 112254 (6) If any claim is preferred to any property attached subsequent to the return of the warrant, the fine, or any under rule (3) within one month from the date of such part thereof, remains unpaid and the Court has reasonable attachment, by any person other than the offender, on the grounds for believing that the offender has any movable ground that the claimant has an interest in such property property, it may issue a fresh warrant for the attachment and that such interest is not liable to attachment, the claim and sale of such property in accordance with the Code and shall be enquired into and disposed of as provided for in these rules.” rules (7) to (9): Provided that any claim preferred within the period allowed by this rule, may, in the event of the death of the 200. Collection of fine.− A Court levying fine should attempt claimant, be continued by his legal representative. to collect the fine immediately and should not wait to take action until (7) Claims may be preferred under rule 6 in the Court after the imprisonment has been undergone by the prisoner. If the by which the warrant is issued, or if the claim relates to property attached under a warrant endorsed by a District Court considers it necessary to recover the fine amount after the Magistrate (now Chief Judicial Magistrate) or the Chief imprisonment in default sentence has been undergone, it shall strictly Presidency Magistrate (now Chief Metropolitan Magistrate) under section 387 of the Code (new section 422), in the comply with the proviso to sub-section (1) of section 421 of the Code Court of such Magistrate. by recording special reasons. (8) Every such claim shall be enquired into and disposed of by the Court in which it is preferred: Provided that if preferred in the Court of a District 201. Payment of amount of compensation under section Magistrate (now Chief Judicial Magistrate) or Chief Presidency Magistrate (now Chief Metropolitan Magistrate), 357 of the Code.− The Court by which a fine or any portion of a fine such Magistrate may make it over to any Magistrate of the has been awarded as compensation under section 357 of the Code First or Second Class (now Judicial Magistrate), or to any Presidency Magistrate (now Metropolitan Magistrate), as shall, on the application of the person to whom such compensation the case may be, subordinate to him. has been awarded, grant an order in Judicial Form No.55 for payment (9) The enquiry shall be summary and the Court shall of the amount awarded direct to the treasury to which such amount record its decision on the claim with the reasons therefor. Such decision shall be final and shall forthwith be has been remitted, together with a certificate to the effect that either communicated to the Police officer executing the warrant (1) the sentence and award are not subject to appeal or have been who shall dispose of the property in accordance with such decision. confirmed by the Appellate Court and that no order has been received (10) The Police Officer executing the warrant shall, as from the Court of Revision modifying or reversing the order of soon as possible after the sale, produce the sale proceeds compensation, or (2) where the order as to compensation has been before the Court issuing the warrant, or if the property was sold under a Warrant endorsed by a District Magistrate modified in appeal or revision, that the payment order is in (now Chief Judicial Magistrate) or Chief Presidency conformity with such modification, or (3) that the appeal time has Magistrate (now Chief Metropolitan Magistrate) under section 387 of the Code (new section 422), in the Court of expired and that no appeal has been preferred and that no order has such Magistrate. been received from the Court of Revision modifying or reversing the (11) Subject to the proviso to sub-section (1) of section 386 of the Code (new section 421), and subject order of compensation. The acknowledgment for issuance of the order also to section 70 of the Indian Penal Code, if, at any time126 112265 in the said Judicial Form No.55 shall be obtained in Administrative CHAPTER - XXVI Form No.24 (Criminal Register No.24). RETURNS OF FINES Note.− If the fine is imposed in a case which is subject to appeal, the order for payment shall not be granted till after the expiry of one or 204. Rules for accounts of fines levied and refunded.− other of the periods specified in sub-section (2) of section 357 of the Rules for securing uniformity and accuracy in the accounts of fines Code. levied and refunded by Magistrates and Courts of Session. Explanation.- In these rules, "fine" includes money awarded as 202. Certificates as to appeal.− In cases in which the Court compensation and any other money recoverable by Court like a fine. awarding the compensation may be unable to certify whether an "Judge" includes Sub-Judge and District Munsif. "Treasury" includes a Sub-Treasury and notified banks. appeal has actually been preferred, the party desirous of obtaining payment of the amount of compensation in deposit, may apply to the (A) GENERAL Appellate Court to certify whether or not any appeal has been preferred, and on such application being made, the Appellate Court (1) The account of fines imposed, levied and refunded shall be shall grant the required certificate. kept in the form prescribed as Administrative Form No.25 (Criminal Register No.25.) 203. Compensation otherwise than under section 357 of (2) The Register shall be kept in Courts whenever the Judge or the Code.− Compensation awarded under sections 250 and 358 of Magistrate is sitting and each fine shall be recorded in it as soon as it the Code and compensation and all other sums recoverable like fines is imposed and the entries shall at once be initialled by the Judge or under any other provisions of law and not creditable to Magistrate in Column 8. “Administration of Justice” shall be dealt with in the manner provided in the foregoing rules for compensation awarded under section 357 of (3) Money paid towards fine shall be received by the Clerk the Code. authorized for the purpose in the presence of the Judge or the Provided that, if the order to pay such compensation or other Magistrate. Acquittance receipts in Administrative Form No.49 shall sum is reversed or modified in appeal or revision, the payment order invariably be granted and signed by the Judge or the Magistrate on the treasury shall be given to the party or parties entitled to draw himself, who, while signing them, shall initial the record of payment in the money. column 11 of the Fine Register in the said Administrative Form No.25 (Criminal Register No.25). Each Judge or Magistrate shall make remittances to one treasury only.126 125 127 in the said Judicial Form No.55 shall be obtained in Administrative CHAPTER - XXVI Form No.24 (Criminal Register No.24). RETURNS OF FINES Note.− If the fine is imposed in a case which is subject to appeal, the order for payment shall not be granted till after the expiry of one or 204. Rules for accounts of fines levied and refunded.− other of the periods specified in sub-section (2) of section 357 of the Rules for securing uniformity and accuracy in the accounts of fines Code. levied and refunded by Magistrates and Courts of Session. Explanation.- In these rules, "fine" includes money awarded as 202. Certificates as to appeal.− In cases in which the Court compensation and any other money recoverable by Court like a fine. awarding the compensation may be unable to certify whether an "Judge" includes Sub-Judge and District Munsif. "Treasury" includes a Sub-Treasury and notified banks. appeal has actually been preferred, the party desirous of obtaining payment of the amount of compensation in deposit, may apply to the (A) GENERAL Appellate Court to certify whether or not any appeal has been preferred, and on such application being made, the Appellate Court (1) The account of fines imposed, levied and refunded shall be shall grant the required certificate. kept in the form prescribed as Administrative Form No.25 (Criminal Register No.25.) 203. Compensation otherwise than under section 357 of (2) The Register shall be kept in Courts whenever the Judge or the Code.− Compensation awarded under sections 250 and 358 of Magistrate is sitting and each fine shall be recorded in it as soon as it the Code and compensation and all other sums recoverable like fines is imposed and the entries shall at once be initialled by the Judge or under any other provisions of law and not creditable to Magistrate in Column 8. “Administration of Justice” shall be dealt with in the manner provided in the foregoing rules for compensation awarded under section 357 of (3) Money paid towards fine shall be received by the Clerk the Code. authorized for the purpose in the presence of the Judge or the Provided that, if the order to pay such compensation or other Magistrate. Acquittance receipts in Administrative Form No.49 shall sum is reversed or modified in appeal or revision, the payment order invariably be granted and signed by the Judge or the Magistrate on the treasury shall be given to the party or parties entitled to draw himself, who, while signing them, shall initial the record of payment in the money. column 11 of the Fine Register in the said Administrative Form No.25 (Criminal Register No.25). Each Judge or Magistrate shall make remittances to one treasury only.112287 128 (4) In the Metropolitan Magistrate Courts, after the fine is authorities or private bodies concerned, including Village and Forest imposed by the Magistrate, the same shall be remitted to the Cashier Panchayats and Societies for the Prevention of Cruelty to Animals, as who shall make necessary entries in the said Administrative Form laid down in Article 306, Tamil Nadu Financial Code, Volume I. The No.25 and issue acquittance receipt in the said Administrative Form Government of Union of Territory of Puducherry shall follow the No.49. The fine so collected shall be remitted to the Reserve Bank of extant rules applicable to them. India in Administrative Form No.54. (B) THE MONTHLY STATEMENT (5) All fines received by the Courts shall be remitted without delay and not later than the next working day. (1) On the last day of each month, the Magistrate shall transmit to the Chief Judicial Magistrate/Chief Metropolitan Magistrate, a (6) When fines are remitted to a treasury, a remittance book in monthly statement in Administrative Form No.36 showing the amount the shape of cheque book in revised Administrative Form No.44 with of fines imposed, levied and written off for the treasury month as each page consecutively numbered and divided by perforated lines hereafter explained. The Chief Judicial Magistrates / Chief into three parts shall be used, and the amount of the remittance with Metropolitan Magistrate shall review the monthly progress made in necessary details entered in each part. The first part shall remain with the collection of fines. the Judge or the Magistrate in the book. The second and third parts shall be sent to the treasury, the second part to be kept in the (2) Subordinate Judges and District Munsifs shall, on the last treasury for account purposes and the third part to be signed by the day of each month, transmit similar statements to the District and Treasury Officer and returned to the Judge or the Magistrate as a Sessions Judge. receipt. (3) To effect an agreement between the figures in the monthly (7) When the receipt is returned by the Treasury Officer to the statement and the sums credited in the treasury accounts, each Judge or the Magistrate, it shall be affixed to the counterfoil and the Judge's or Magistrate's fine register and monthly fine statement shall fact of remittance recorded immediately in the fine register and the be made up not for the calendar month but for the treasury month of entries regarding it initialled by the Judge or the Magistrate in column the treasury with which he deals. (17). (4) Cases in which sanction to write off irrecoverable fines is (8) All fines realized by Courts will be finally credited to required shall also be shown in Administrative Form No.38 to be Government Account. Grants in lieu of the various classes of fines printed on the back of the said Administrative Form No.36. The Judge realised by Courts shall be paid by the Government to the local or Magistrate shall write with his own hand, the total of the amount to127 112298 (4) In the Metropolitan Magistrate Courts, after the fine is authorities or private bodies concerned, including Village and Forest imposed by the Magistrate, the same shall be remitted to the Cashier Panchayats and Societies for the Prevention of Cruelty to Animals, as who shall make necessary entries in the said Administrative Form laid down in Article 306, Tamil Nadu Financial Code, Volume I. The No.25 and issue acquittance receipt in the said Administrative Form Government of Union of Territory of Puducherry shall follow the No.49. The fine so collected shall be remitted to the Reserve Bank of extant rules applicable to them. India in Administrative Form No.54. (B) THE MONTHLY STATEMENT (5) All fines received by the Courts shall be remitted without delay and not later than the next working day. (1) On the last day of each month, the Magistrate shall transmit to the Chief Judicial Magistrate/Chief Metropolitan Magistrate, a (6) When fines are remitted to a treasury, a remittance book in monthly statement in Administrative Form No.36 showing the amount the shape of cheque book in revised Administrative Form No.44 with of fines imposed, levied and written off for the treasury month as each page consecutively numbered and divided by perforated lines hereafter explained. The Chief Judicial Magistrates / Chief into three parts shall be used, and the amount of the remittance with Metropolitan Magistrate shall review the monthly progress made in necessary details entered in each part. The first part shall remain with the collection of fines. the Judge or the Magistrate in the book. The second and third parts shall be sent to the treasury, the second part to be kept in the (2) Subordinate Judges and District Munsifs shall, on the last treasury for account purposes and the third part to be signed by the day of each month, transmit similar statements to the District and Treasury Officer and returned to the Judge or the Magistrate as a Sessions Judge. receipt. (3) To effect an agreement between the figures in the monthly (7) When the receipt is returned by the Treasury Officer to the statement and the sums credited in the treasury accounts, each Judge or the Magistrate, it shall be affixed to the counterfoil and the Judge's or Magistrate's fine register and monthly fine statement shall fact of remittance recorded immediately in the fine register and the be made up not for the calendar month but for the treasury month of entries regarding it initialled by the Judge or the Magistrate in column the treasury with which he deals. (17). (4) Cases in which sanction to write off irrecoverable fines is (8) All fines realized by Courts will be finally credited to required shall also be shown in Administrative Form No.38 to be Government Account. Grants in lieu of the various classes of fines printed on the back of the said Administrative Form No.36. The Judge realised by Courts shall be paid by the Government to the local or Magistrate shall write with his own hand, the total of the amount to112309 130 be written off in words as well as in figures. When any fine remains (2) Compensation awarded under sections 250, 357 and 358 of uncollected for three months, details shall be given below the the Code and compensation and all other sums recoverable like fines statement of irrecoverable fines with an explanation as to why it which cannot be entered in columns (4) and (5), shall be entered in remains uncollected or why it is not proposed to treat it as column (7) of Administrative Form No.25 (Criminal Register No.25) irrecoverable. and the collection of such amount shall be entered in column (15). (3) These amounts shall be retained in deposit in the treasury, (5) The Treasury Officer shall verify the amounts shown in the subject to the order of the Court awarding the compensation or of the monthly fine statement remitted to the Treasury and if they agree Court of Appeal or Revision. The particulars of such amounts shall be with his accounts, sign a certificate to that effect and send it to the entered in Administrative Form No.35 (Criminal Register No.35). Chief Judicial Magistrate or District and Sessions Judge, as the case may be. (4) The amount retained in deposit under the last preceding rules shall be paid to the party entitled to the compensation or other (6) For the purposes of the statement prescribed by these rules, sum on such party producing before the Treasury Officer a payment a Court realising a fine imposed by another Court shall treat it as if it order in Judicial Form No.55, together with a certificate to the effect had been imposed by itself, sending notice of the recovery to the that either (1) the sentence and award or other order are not subject Court which inflicted the fine. to appeal or has been confirmed by the Appellate Court and that no order has been received from the Court of Revision modifying or (C) COMPENSATION reversing the order of compensation; or (2) where the order as to compensation or other sum has been modified in appeal or revision, (1) At the conclusion of the trial, if the Magistrate decides to that the payment order is in conformity with such modification; or (3) take action under section 250 of the Code, he shall call upon the that the appeal time has expired and that no appeal has been complainant, if he be present, to show cause why he should not be preferred and that no order has been received from the Court of ordered to pay compensation under the section. If the complainant Revision modifying or reversing the order. If in the case of be not present, the Magistrate shall issue notice to him to appear on compensation awarded under sections 250 and 358 of the Code, or the day fixed for delivery of judgment to show cause why payment of other sums recoverable like fines, the order to pay such compensation should not be ordered. If the complainant cannot be compensation or other sum is reversed or modified in appeal or served with notice within a reasonable time or appears to be keeping revision, the payment order on the treasury shall be given to the out of the way, or having been served with notice, fails to appear on party or parties entitled to draw the money. the appointed day, the Magistrate may proceed ex parte and make an order under section 249 of the Code, if he deems fit to do so.129 113310 be written off in words as well as in figures. When any fine remains (2) Compensation awarded under sections 250, 357 and 358 of uncollected for three months, details shall be given below the the Code and compensation and all other sums recoverable like fines statement of irrecoverable fines with an explanation as to why it which cannot be entered in columns (4) and (5), shall be entered in remains uncollected or why it is not proposed to treat it as column (7) of Administrative Form No.25 (Criminal Register No.25) irrecoverable. and the collection of such amount shall be entered in column (15). (3) These amounts shall be retained in deposit in the treasury, (5) The Treasury Officer shall verify the amounts shown in the subject to the order of the Court awarding the compensation or of the monthly fine statement remitted to the Treasury and if they agree Court of Appeal or Revision. The particulars of such amounts shall be with his accounts, sign a certificate to that effect and send it to the entered in Administrative Form No.35 (Criminal Register No.35). Chief Judicial Magistrate or District and Sessions Judge, as the case may be. (4) The amount retained in deposit under the last preceding rules shall be paid to the party entitled to the compensation or other (6) For the purposes of the statement prescribed by these rules, sum on such party producing before the Treasury Officer a payment a Court realising a fine imposed by another Court shall treat it as if it order in Judicial Form No.55, together with a certificate to the effect had been imposed by itself, sending notice of the recovery to the that either (1) the sentence and award or other order are not subject Court which inflicted the fine. to appeal or has been confirmed by the Appellate Court and that no order has been received from the Court of Revision modifying or (C) COMPENSATION reversing the order of compensation; or (2) where the order as to compensation or other sum has been modified in appeal or revision, (1) At the conclusion of the trial, if the Magistrate decides to that the payment order is in conformity with such modification; or (3) take action under section 250 of the Code, he shall call upon the that the appeal time has expired and that no appeal has been complainant, if he be present, to show cause why he should not be preferred and that no order has been received from the Court of ordered to pay compensation under the section. If the complainant Revision modifying or reversing the order. If in the case of be not present, the Magistrate shall issue notice to him to appear on compensation awarded under sections 250 and 358 of the Code, or the day fixed for delivery of judgment to show cause why payment of other sums recoverable like fines, the order to pay such compensation should not be ordered. If the complainant cannot be compensation or other sum is reversed or modified in appeal or served with notice within a reasonable time or appears to be keeping revision, the payment order on the treasury shall be given to the out of the way, or having been served with notice, fails to appear on party or parties entitled to draw the money. the appointed day, the Magistrate may proceed ex parte and make an order under section 249 of the Code, if he deems fit to do so.113321 132 (5) When the compensation is awarded by a Court of Appeal (4) The consolidated statement shall be verified with the and has to be paid out of a fine already credited to the Government, treasury accounts by the District Treasury Officer and the Principal the amount of compensation shall, for purposes of the treasury District Judge or District Judge, as the case may be. If any difference account, be treated as a magisterial refund and entered accordingly in is discovered between the consolidated statement and the treasury the said Administrative Form No.25 (Criminal Register No.25). accounts, the same shall be reconciled. (6) Taxes and dues which have to be credited to local bodies 205. Register of fines.− (1) The items in the register of shall be treated in the same manner, but shall be credited at the fines in the said Administrative Form No.25 levied and refunded shall treasury at once to the local body concerned. If the Court's order is be numbered serially calendar yearwise and the same shall be noted subsequently reversed, the refund of the tax or due shall be debited in the Register of Appeal Cases Received in Administrative Form No.2, to Municipal or Local Funds, as the case may be. Register of Sessions Cases Received and Disposed Of in Administrative Form No.1, Register of Revision Cases entertained in (D) CONSOLIDATED STATEMENT Administrative Form No.3, Register of Calendar and Preliminary Register Cases Received in Administrative Form No.4, Register of (1) The returns received from the Magistrates in the said Summary Trials in Administrative Form No.32, Register of Administrative Form No.36 shall be compiled by the Principal District Miscellaneous and Maintenance Cases Received in Administrative Judge or District Judge, as the case may be, into a consolidated Form No.5, etc. for cross reference. statement including the figures for his own Court in the same form and transmitted to the District Treasury Officer. (2) The entire fine imposed by the Special Judicial Magistrate/Special Metropolitan Magistrate in respect of offences of (2) Similarly, the returns received from Civil Judges (Senior ticketless travel and offences falling under the Railways Act, 1989, Division) and Civil Judges shall be compiled in the District and (Central Act 24 of 1989) shall be credited to the account of the Sessions Court with the fines, if any, relating to that Court and the railway administration and the fines collected in cases relating to consolidated statement shall be transmitted to the District Treasury Railways by other Courts in the State shall be remitted to the account Officer. of the State Government. (3) The consolidated statement shall be forwarded to the (3) Fines imposed and realised by the Court under various District Treasury Officer as soon as possible after the beginning of the Industrial and Labour laws shall be credited to the head of Labour month. Welfare Fund.131 113332 (5) When the compensation is awarded by a Court of Appeal (4) The consolidated statement shall be verified with the and has to be paid out of a fine already credited to the Government, treasury accounts by the District Treasury Officer and the Principal the amount of compensation shall, for purposes of the treasury District Judge or District Judge, as the case may be. If any difference account, be treated as a magisterial refund and entered accordingly in is discovered between the consolidated statement and the treasury the said Administrative Form No.25 (Criminal Register No.25). accounts, the same shall be reconciled. (6) Taxes and dues which have to be credited to local bodies 205. Register of fines.− (1) The items in the register of shall be treated in the same manner, but shall be credited at the fines in the said Administrative Form No.25 levied and refunded shall treasury at once to the local body concerned. If the Court's order is be numbered serially calendar yearwise and the same shall be noted subsequently reversed, the refund of the tax or due shall be debited in the Register of Appeal Cases Received in Administrative Form No.2, to Municipal or Local Funds, as the case may be. Register of Sessions Cases Received and Disposed Of in Administrative Form No.1, Register of Revision Cases entertained in (D) CONSOLIDATED STATEMENT Administrative Form No.3, Register of Calendar and Preliminary Register Cases Received in Administrative Form No.4, Register of (1) The returns received from the Magistrates in the said Summary Trials in Administrative Form No.32, Register of Administrative Form No.36 shall be compiled by the Principal District Miscellaneous and Maintenance Cases Received in Administrative Judge or District Judge, as the case may be, into a consolidated Form No.5, etc. for cross reference. statement including the figures for his own Court in the same form and transmitted to the District Treasury Officer. (2) The entire fine imposed by the Special Judicial Magistrate/Special Metropolitan Magistrate in respect of offences of (2) Similarly, the returns received from Civil Judges (Senior ticketless travel and offences falling under the Railways Act, 1989, Division) and Civil Judges shall be compiled in the District and (Central Act 24 of 1989) shall be credited to the account of the Sessions Court with the fines, if any, relating to that Court and the railway administration and the fines collected in cases relating to consolidated statement shall be transmitted to the District Treasury Railways by other Courts in the State shall be remitted to the account Officer. of the State Government. (3) The consolidated statement shall be forwarded to the (3) Fines imposed and realised by the Court under various District Treasury Officer as soon as possible after the beginning of the Industrial and Labour laws shall be credited to the head of Labour month. Welfare Fund.113343 134 206. Lapsed deposits.− (1) (a) On or before the 5th January Note: (i) In preparing the statement, the sums should be entered in of each year, the Head Ministerial Officer of every Court shall prepare chronological order and separate totals should be given for deposits a statement of all deposits not exceeding Rs.500/- which have relating to different year. (ii) Sums which have been attached or which form the subject remained unclaimed for one whole year ending with the 31st of claim or a proceeding should not be included in the statement of December of the previous year and balance not exceeding Rs.500/- of deposits liable to be credited to the Government. Only such deposits as are unclaimed should be included. deposits partly repaid during that year and shall submit it to the (iii) Unclaimed deposits belonging to minors should be treated Sessions Judge or Magistrate for his orders. in the same way as other unclaimed deposits and in preparing the annual statement of lapsed deposit, they should be entered therein like the others. (b) With the sanction of the Sessions Judge or the Magistrate, which may be given without notice to the depositors, or to the (4) The Sessions Judge or the Magistrate shall pass orders with persons to whose credit the sums may have been paid in or respect to the sums entered in the said statement and may direct deposited, all sums included in the abovesaid statement shall be that with such exceptions, if any, as he may deem proper, they be treated as lapsed deposits, and carried to the credit of the treated as lapsed deposits. Government: Provided, however, that the Sessions Judge or the Magistrate (5) (a) On or before 1st November of each year, the statement may, for reasons to be recorded in writing, sanction the retention in of all the sums which are liable to be credited to the Government on deposit of any sum mentioned in the statement. the 1st January of the succeeding year shall be prepared and got (2) All sums other than those mentioned in sub-rule (1) paid published in the next ordinary issue of the District Gazette with a into or deposited in the Court may be credited to the Government notice that unless the parties interested claim them on or before the with the sanction of the Sessions Judge or the Magistrate, if they 10th March of the succeeding year, they will be credited to the have remained unclaimed for four full years and if a notice had been Government, on or before the 1st November. A copy of the aforesaid issued in respect of them in the manner hereinafter prescribed. statement and notice shall be exhibited on the notice board of the Note: Court and another copy shall also be sent to the Bar Association of The four complete years referred to in this sub-rule shall be computed the station where the Court is located for being exhibited on its with reference to the date of the last payment and not from the date of the original deposit. notice board. (3) On or before the 15th October of each year, the Head Illustration: On 1st November 2017, the statement of all the sums Ministerial Officer of every Court shall prepare a statement of sums which are liable to be credited to the Government on 1st January 2018 which are liable to be credited to the Government as lapsed deposit shall be prepared and got published in the next ordinary issue of the on the 1st January of the succeeding year under the operation of sub- District Gazette with a notice that unless the parties interested claim rule (2).133 113354 206. Lapsed deposits.− (1) (a) On or before the 5th January Note: (i) In preparing the statement, the sums should be entered in of each year, the Head Ministerial Officer of every Court shall prepare chronological order and separate totals should be given for deposits a statement of all deposits not exceeding Rs.500/- which have relating to different year. (ii) Sums which have been attached or which form the subject remained unclaimed for one whole year ending with the 31st of claim or a proceeding should not be included in the statement of December of the previous year and balance not exceeding Rs.500/- of deposits liable to be credited to the Government. Only such deposits as are unclaimed should be included. deposits partly repaid during that year and shall submit it to the (iii) Unclaimed deposits belonging to minors should be treated Sessions Judge or Magistrate for his orders. in the same way as other unclaimed deposits and in preparing the annual statement of lapsed deposit, they should be entered therein like the others. (b) With the sanction of the Sessions Judge or the Magistrate, which may be given without notice to the depositors, or to the (4) The Sessions Judge or the Magistrate shall pass orders with persons to whose credit the sums may have been paid in or respect to the sums entered in the said statement and may direct deposited, all sums included in the abovesaid statement shall be that with such exceptions, if any, as he may deem proper, they be treated as lapsed deposits, and carried to the credit of the treated as lapsed deposits. Government: Provided, however, that the Sessions Judge or the Magistrate (5) (a) On or before 1st November of each year, the statement may, for reasons to be recorded in writing, sanction the retention in of all the sums which are liable to be credited to the Government on deposit of any sum mentioned in the statement. the 1st January of the succeeding year shall be prepared and got (2) All sums other than those mentioned in sub-rule (1) paid published in the next ordinary issue of the District Gazette with a into or deposited in the Court may be credited to the Government notice that unless the parties interested claim them on or before the with the sanction of the Sessions Judge or the Magistrate, if they 10th March of the succeeding year, they will be credited to the have remained unclaimed for four full years and if a notice had been Government, on or before the 1st November. A copy of the aforesaid issued in respect of them in the manner hereinafter prescribed. statement and notice shall be exhibited on the notice board of the Note: Court and another copy shall also be sent to the Bar Association of The four complete years referred to in this sub-rule shall be computed the station where the Court is located for being exhibited on its with reference to the date of the last payment and not from the date of the original deposit. notice board. (3) On or before the 15th October of each year, the Head Illustration: On 1st November 2017, the statement of all the sums Ministerial Officer of every Court shall prepare a statement of sums which are liable to be credited to the Government on 1st January 2018 which are liable to be credited to the Government as lapsed deposit shall be prepared and got published in the next ordinary issue of the on the 1st January of the succeeding year under the operation of sub- District Gazette with a notice that unless the parties interested claim rule (2).113365 them on or before 10th March 2018, they will be credited to the Government on or before 1st November 2018. (b) For the purpose of publication as aforesaid in the District Gazette, the statement shall be legibly prepared and shall be sent to the Press in time for being published in the next issue of the District Gazette. (c) Particulars shall be given in the aforesaid statements as to− (i) Number of case or proceeding in the Court; (ii) Date of deposit and challan or T.R. Number; (iii) The nature of the deposits; (iv) Amount; and (v) To whom due, ranks of the parties and the names of their advocates. (6) The particulars published in the District Gazette and in the notice board of the Court as aforesaid shall be carefully compared with those in the statement on record in the Court, and the Sessions Judge or Magistrate shall, on or before the 15th March of each year, certify to the Treasury Officer, the sums which have to be credited to the Government as per sub-rule (5) and in respect of which, there has been no mistake or discrepancy in the publication. He shall similarly certify the sums which have to be credited to the Government as per sub-rule (1). 207. Applications for refund of lapsed deposits.− (1) After the lapsed deposits have been credited to the Government, bill ought not to be drawn against these deposits, but when necessary, applications shall be made in Form No.65 of the Tamil Nadu Treasury Code [C and P.65] to the Accountant General, through the Treasury Officer concerned, so that he may note the Treasury numbers of the deposits, thereon.136 135 137 them on or before 10th March 2018, they will be credited to the (2) Applications for refund of lapsed deposits shall, in the first Government on or before 1st November 2018. instance, be made to the Court which remitted the deposits and shall, in case where the application is presented after 6 months after the (b) For the purpose of publication as aforesaid in the District date on which the amount lapsed to the Government, be stamped Gazette, the statement shall be legibly prepared and shall be sent to with a Court-fee stamp of the value prescribed in the Tamil Nadu the Press in time for being published in the next issue of the District Court Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of Gazette. 1955) or Puducherry Court Fees and Suits Valuation Act, 1972 (Puducherry Act 2 of 1973), as the case may be. (c) Particulars shall be given in the aforesaid statements as to− (3) Lapsed deposit credited to the Government, may be (i) Number of case or proceeding in the Court; refunded on the authority of the Officer by whom the deposit was (ii) Date of deposit and challan or T.R. Number; remitted. (iii) The nature of the deposits; (iv) Amount; and (4) At the end of each official year, the Sessions Judge or the (v) To whom due, ranks of the parties and the Magistrate should furnish to the Treasury Officers, two statements of names of their advocates. lapsed deposits specifying dates of receipt, number of the deposit and (6) The particulars published in the District Gazette and in the the balance at credit. One statement should include deposits not notice board of the Court as aforesaid shall be carefully compared exceeding Rs.500/- unclaimed for one whole account year and with those in the statement on record in the Court, and the Sessions balances not exceeding Rs.500/- of deposit partly repaid during that Judge or Magistrate shall, on or before the 15th March of each year, year and the other statement should include all items exceeding certify to the Treasury Officer, the sums which have to be credited to Rs.500/- which have not been claimed for more than four complete the Government as per sub-rule (5) and in respect of which, there years, with certificates to the effect that the sanction of the Judge or has been no mistake or discrepancy in the publication. He shall Magistrate has been obtained for the items shown therein being similarly certify the sums which have to be credited to the credited to the Government. Government as per sub-rule (1). Note: (1) For the purpose of these rules, “deposit” includes 207. Applications for refund of lapsed deposits.− (1) After compensation amount, paid or collected under sections 357 and 358 the lapsed deposits have been credited to the Government, bill ought of the Code. not to be drawn against these deposits, but when necessary, (2) The Revenue Receipt for Judicial Department shall be applications shall be made in Form No.65 of the Tamil Nadu Treasury credited in the newly created Data Processing Code vide High Court's R.O.P. No.03/2019/Bud-III dated 22.03.2019 as given in the Code [C and P.65] to the Accountant General, through the Treasury Annexure to these Rules. Officer concerned, so that he may note the Treasury numbers of the (3) In the Union Territory of Puducherry, the lapsed deposits may be credited in accordance with the extant rules applicable there. deposits, thereon.137 138 CHAPTER – XXVII NOTIFICATION OF RESIDENCE BY RELEASED CONVICTS 208. Notification of residence.− When an order has been passed under section 356 of the Code, that a convict shall notify his residence and any change of residence after release for a specified term, the Court or Magistrate passing such order, shall enter a record thereof in the warrant of commitment issued under section 418 of the Code in respect of such convict in Judicial Form Nos. 45 and 29.138 137 139 CHAPTER - XXVIII CHAPTER – XXVII CERTIFIED COPIES NOTIFICATION OF RESIDENCE BY RELEASED CONVICTS 209. Application for copies by a party.− Every application 208. Notification of residence.− When an order has been for a copy of judgment or order or proceedings (including docket passed under section 356 of the Code, that a convict shall notify his order) or deposition of witnesses or original document filed in or in residence and any change of residence after release for a specified the custody of a Court shall be presented by the applicant or his term, the Court or Magistrate passing such order, shall enter a record advocate and shall set out the case or proceeding number, if any, the thereof in the warrant of commitment issued under section 418 of the name of the applicant, his position in the case or proceeding as the Code in respect of such convict in Judicial Form Nos. 45 and 29. case may be, the name of the advocate, if any, and description of the proceeding or document of which a copy is required. 210. Application for copies by third parties.− Application for the grant of copies of judgment or order or any proceeding or document in the custody of a Court by a third party to the proceeding shall be allowed only by order of the Court obtained on a petition supported by an affidavit setting forth the purpose for which the copy is required. 211. Return of defective applications.− Any application not complying with the requirements of these rules shall be returned for being re-presented after rectifying the defects within a period not exceeding seven days. 212. Urgent application for copies.− Application for urgent copies shall be by a separate urgent application setting forth the grounds of urgency.113409 140 213. Copies of non-judicial and confidential papers.− 218. Order in which applications should be complied Copies of correspondence or of proceedings which are confidential or with.− The preparation of copies shall be in accordance with the which are not strictly judicial, shall not be granted, except under the serial order of application vide Administrative Form No.17 except in order of the Court. cases where an urgent application has been filed and allowed. 214. Application for more than one document.− A single 219. Calling for stamp papers.− Everyday between 03.00 application may pray for copies of more than one document or p.m. and 05.00 p.m., a list showing the applications in which records proceeding in the same case. have been received and number of stamp papers required shall be affixed to the notice board of the Copying Section. Such list shall remain thereon for three days and, if the last day is a holiday, till the 215. Striking off of defective applications.− When next working day. Within the time, the applicant shall supply stamp applications are returned for rectification of defects, a limit of seven papers called for, failing which, the application shall be struck off. days shall be fixed for their re-presentation. Defective applications which are not taken back by the parties or not re-presented within the period specified above, shall be struck off by the Head Ministerial 220. Additional stamp papers.− Whenever additional stamp Officer. papers are found necessary, they shall be called for and supplied in the same manner as in the preceding rule. 216. Notes of evidence when to be given.− Where the notes of the Presiding Officer form the only record of the evidence, 221. Copying charges.− (1) Copying charges shall be called copies of such notes may be given in typed format. for and supplied in the shape of copy stamp papers calculated at the rate of one stamp paper of One Rupee for every 175 words or fraction 217. Procedure when documents for which copies are thereof: applied for are in another Court.− If the records of a case or the Provided that, instead of furnishing copy stamp papers, a party documents of which a copy is applied for, have been sent to another may furnish foolscap paper of durable quality with the requisite Court Court, the application for the copy shall be returned for presentation fee stamps affixed on each sheet and the rules applicable to the to the said Court. preparation of copies on stamp papers shall apply:139 114410 213. Copies of non-judicial and confidential papers.− 218. Order in which applications should be complied Copies of correspondence or of proceedings which are confidential or with.− The preparation of copies shall be in accordance with the which are not strictly judicial, shall not be granted, except under the serial order of application vide Administrative Form No.17 except in order of the Court. cases where an urgent application has been filed and allowed. 214. Application for more than one document.− A single 219. Calling for stamp papers.− Everyday between 03.00 application may pray for copies of more than one document or p.m. and 05.00 p.m., a list showing the applications in which records proceeding in the same case. have been received and number of stamp papers required shall be affixed to the notice board of the Copying Section. Such list shall remain thereon for three days and, if the last day is a holiday, till the 215. Striking off of defective applications.− When next working day. Within the time, the applicant shall supply stamp applications are returned for rectification of defects, a limit of seven papers called for, failing which, the application shall be struck off. days shall be fixed for their re-presentation. Defective applications which are not taken back by the parties or not re-presented within the period specified above, shall be struck off by the Head Ministerial 220. Additional stamp papers.− Whenever additional stamp Officer. papers are found necessary, they shall be called for and supplied in the same manner as in the preceding rule. 216. Notes of evidence when to be given.− Where the notes of the Presiding Officer form the only record of the evidence, 221. Copying charges.− (1) Copying charges shall be called copies of such notes may be given in typed format. for and supplied in the shape of copy stamp papers calculated at the rate of one stamp paper of One Rupee for every 175 words or fraction 217. Procedure when documents for which copies are thereof: applied for are in another Court.− If the records of a case or the Provided that, instead of furnishing copy stamp papers, a party documents of which a copy is applied for, have been sent to another may furnish foolscap paper of durable quality with the requisite Court Court, the application for the copy shall be returned for presentation fee stamps affixed on each sheet and the rules applicable to the to the said Court. preparation of copies on stamp papers shall apply:141 142 Provided further that in the case of photostat copies, charges shall be called for and supplied in the shape of adhesive Court-fee stamps at the rate of two rupees per page: Provided also that affixed stamps shall be cancelled by punching out the insignia at the time of certifying the copy. (2) Four numeral figures shall be taken as equivalent to one word. Words in Indian languages with short suffixes and inflections shall be counted as a single word for the purpose of this rule. (3) In granting copies of records, each statement, account, report, petition, order and the like shall be treated as a separate document and shall be written on separate stamp papers. (4) Computer print outs of the deposition of witness can be furnished to the prosecution free of cost and to the defence on payment of Rs.2/- per page in the shape of Court fee, immediately after the deposition is countersigned by the Presiding Officer. 222. Production of stamp papers.− The person producing the stamp papers for copies shall make an endorsement on the copy application showing the number of stamp papers produced and the Head Ministerial Officer or such other officer, as the Court may direct, shall initial and date the same in token of receipt. 223. Transcription of copies.− (1) Copies must be transcribed on the side of the paper which bears the stamp and a margin of 2.5 centimetres shall be left on the left hand side. The pages of the copy shall be consecutively numbered and each page must be initialled at the foot by the Copyist and the Head Ministerial Officer and the last page signed by the Head Ministerial Officer,141 114432 Provided further that in the case of photostat copies, charges Reader and Copyist. There shall be no erasures. When a correction shall be called for and supplied in the shape of adhesive Court-fee has been made in the copy, the incorrect word shall be struck through stamps at the rate of two rupees per page: a line in ink across the word and the correct word written as an interlineation in the copy and shall also state at the foot of each page, Provided also that affixed stamps shall be cancelled by punching the number of alterations and interlineations made therein. The pages out the insignia at the time of certifying the copy. in the original shall be indicated in the copy also before the matter is (2) Four numeral figures shall be taken as equivalent to one transcribed and, where there is no pagination, the number of the word. Words in Indian languages with short suffixes and inflections sheet copies must be indicated. shall be counted as a single word for the purpose of this rule. (3) In granting copies of records, each statement, account, (2) The transcribed copies shall be compared by the Head report, petition, order and the like shall be treated as a separate Ministerial Officer or by such officer as the Court shall direct, or by a document and shall be written on separate stamp papers. Copyist, but, in no case shall a copy be read to the Head Ministerial Officer or other officer or the examination in any way assisted in by (4) Computer print outs of the deposition of witness can be the Copyist who prepared the copy. furnished to the prosecution free of cost and to the defence on payment of Rs.2/- per page in the shape of Court fee, immediately (3) In the case of a copy for which the production of non- after the deposition is countersigned by the Presiding Officer. judicial stamp papers of a particular denomination is required, the said stamp papers or paper supplied for the purpose shall be used for 222. Production of stamp papers.− The person producing copying and shall be written on, in the same manner as copy stamp the stamp papers for copies shall make an endorsement on the copy papers, copy stamp papers being furnished to make up any application showing the number of stamp papers produced and the deficiency. Adhesive Court fee label of the value of one rupee shall be Head Ministerial Officer or such other officer, as the Court may direct, affixed to each such non-judicial stamp paper. shall initial and date the same in token of receipt. (4) The Court may, if found suitable, grant photocopies, secured by mechanised process, of judgements and orders made or 223. Transcription of copies.− (1) Copies must be depositions recorded in a proceeding, or copies of documents filed in transcribed on the side of the paper which bears the stamp and a or in the custody of the Court, on payment of charges in the shape of margin of 2.5 centimetres shall be left on the left hand side. The Court fees stamps @ Rs.2/- per page or part thereof per copy. pages of the copy shall be consecutively numbered and each page must be initialled at the foot by the Copyist and the Head Ministerial Officer and the last page signed by the Head Ministerial Officer,114443 144 224. Copies of maps, plans, etc.− When copies applied for presented within six months from the date on which the application are of maps, plans, genealogical trees and tabular matters which was struck off. cannot be copied on ordinary stamp paper, they shall be prepared on COPIES plain paper and skilled labour may be employed for that purpose, if necessary. A reasonable fee shall, in each case, be fixed by the Court 228. Uncertified copies not to be granted.− No copies of, and deposited in cash by the party concerned. Three-fourths of such or extracts from, the record of any proceedings of any Court amount shall be paid to the person employed in preparing the copy subordinate to the High Court shall be issued unless certified to be and the remaining shall be credited to the Government. A separate true by the proper officer of the Court. This rule shall not apply to register in Administrative Form No.62 shall be maintained in each copies of extracts granted to prisoner in confinement under any order Magistrate Court for payment of plan fees to Copyist. passed in such proceedings for the purpose of appeal or application for revision. 225. Sealing and Certificate.− All copies furnished by the Court shall be certified to be true copies by the Head Ministerial 229. Scale of search fees.− When the document applied for Officer or officer appointed for the purpose and shall be sealed with belongs to a year previous to the current calendar year, a search fee, the seal of the Court as required by section 76 of the Evidence Act, in Court-fee stamps, according to the sub-joined scale, shall be 1872 (Central Act 1 of 1872). affixed to the application:- 226. Endorsement on copies.− Every copy shall bear an (1) When the document belongs to any year Rs. P. endorsement initialled by the Head Ministerial Officer or other officer prior to the Calendar year, but is not more appointed for the purpose showing the following particulars, viz.,:- than 10 years old - (i) Fee payable for the first document or 10.00 (i) Application made on: entry applied for or if only one document or entry (ii) Stamp papers (or charges) called for on: is applied for, then for that document or entry. (iii) Stamp papers (or charges) deposited on: (ii) Fee payable for every document or entry 5.00 (iv) Copy ready on: other than the first included in the same (v) Copy delivered on: application and connected with the same subject. (iii) When the applicant does not know 5.00 to which of two or more years a document or 227. Incomplete copies to be destroyed.− Incomplete entry belongs, the fee for searching the records of every year other than the first. copies shall be destroyed after six months from the date on which the application is struck off. But, the incomplete copy may be completed, if the necessary additional stamp papers are produced and, if an order of the Court is obtained for such completion on a petition143 114454 224. Copies of maps, plans, etc.− When copies applied for presented within six months from the date on which the application are of maps, plans, genealogical trees and tabular matters which was struck off. cannot be copied on ordinary stamp paper, they shall be prepared on COPIES plain paper and skilled labour may be employed for that purpose, if necessary. A reasonable fee shall, in each case, be fixed by the Court 228. Uncertified copies not to be granted.− No copies of, and deposited in cash by the party concerned. Three-fourths of such or extracts from, the record of any proceedings of any Court amount shall be paid to the person employed in preparing the copy subordinate to the High Court shall be issued unless certified to be and the remaining shall be credited to the Government. A separate true by the proper officer of the Court. This rule shall not apply to register in Administrative Form No.62 shall be maintained in each copies of extracts granted to prisoner in confinement under any order Magistrate Court for payment of plan fees to Copyist. passed in such proceedings for the purpose of appeal or application for revision. 225. Sealing and Certificate.− All copies furnished by the Court shall be certified to be true copies by the Head Ministerial 229. Scale of search fees.− When the document applied for Officer or officer appointed for the purpose and shall be sealed with belongs to a year previous to the current calendar year, a search fee, the seal of the Court as required by section 76 of the Evidence Act, in Court-fee stamps, according to the sub-joined scale, shall be 1872 (Central Act 1 of 1872). affixed to the application:- 226. Endorsement on copies.− Every copy shall bear an (1) When the document belongs to any year Rs. P. endorsement initialled by the Head Ministerial Officer or other officer prior to the Calendar year, but is not more appointed for the purpose showing the following particulars, viz.,:- than 10 years old - (i) Fee payable for the first document or 10.00 (i) Application made on: entry applied for or if only one document or entry (ii) Stamp papers (or charges) called for on: is applied for, then for that document or entry. (iii) Stamp papers (or charges) deposited on: (ii) Fee payable for every document or entry 5.00 (iv) Copy ready on: other than the first included in the same (v) Copy delivered on: application and connected with the same subject. (iii) When the applicant does not know 5.00 to which of two or more years a document or 227. Incomplete copies to be destroyed.− Incomplete entry belongs, the fee for searching the records of every year other than the first. copies shall be destroyed after six months from the date on which the application is struck off. But, the incomplete copy may be completed, if the necessary additional stamp papers are produced and, if an order of the Court is obtained for such completion on a petition114465 146 stamp papers should be sent to the local or nearest Sub-Treasury (2) When the document is more than 10 Rs.P. Officer. years old, but does not relate to any year prior to 1858. (i) Fee payable for the first document or 20.00 entry applied for or if only one document or entry 231. Grant of certified copies of other documents.− (1) is applied for, then for that document or entry. Certified copies of the following documents shall be given to the (ii) Fee payable for every document or entry 10.00 other than the first included in the same accused on payment of necessary charges, before the filing of the application and connected with the same subject. (iii) When the applicant does not know to 10.00 final report (charge sheet) by the police:− which of two or more years a document or entry (i) Orders made on the remand report. belongs, the fee for searching the records of every year other than the first. (ii) Affidavit filed by the police officer for police (3) When the document belongs to a year Rs.P. prior to 1858:- custody of the accused and the orders passed by the Magistrate thereon. Until the Magistrate passes the order (i) Fee payable for the document or entry 300.00 applied for or if only one document or entry is for police custody, the accused is not entitled to a copy of applied for, then for that document or entry. that affidavit. (ii) Fee payable for every document or entry 250.00 other than the first included in the same (iii) The accused, notwithstanding the application and connected with the same subject. communication of the full particulars in writing at the time (iii) When the applicant does not know to 400.00 of arrest or subsequent thereto, is entitled to a copy of the which of two or more years a document or entry First Information Report even before the final report belongs, the fee for searching the records of every (charge sheet) is forwarded to the Magistrate under sub- year other than the first. section (2) of section 173 of the Code on application and on payment of charges. The accused is not entitled to Note: Only one search fee at the rate applicable to the certified copies of the inquest report, statements recorded documents need be paid for all papers filed together and forming a under section 174 of the Code, post-mortem certificate, single record. For instance, if a person applies for all the depositions requisition by the police officer to the Medical Officer for relating to a magisterial case, he needs to pay only one fee applicable conducting post-mortem and medically treating the injured, to the whole record in which they are filed. wound certificate, rough sketch of the scene of occurrence and observation mahazar prepared by the investigating officer before the final report (charge sheet) is filed. 230. Notice of certified copies ready for delivery.− In all Courts, a list of certified copies ready for delivery shall be posted on (2) On the same principle, the statements of witnesses the notice board and shall remain there for one week. The list shall recorded under section 161 of the Code and copies of wound state the numbers of the copy applications and the names of the certificates shall not be given to the accused until the final report persons to whom the copies are to be delivered. The list shall be (charge sheet) is filed by the police. affixed to the Court notice board immediately the Court opens on the following day. After the expiry of one week, the list shall be taken (3) Certified copies of photocopies of unmarked documents down and a note of such destruction made in the remarks column of shall not be given. the Copy Application Register against the item concerned. The unused145 114476 stamp papers should be sent to the local or nearest Sub-Treasury (2) When the document is more than 10 Rs.P. Officer. years old, but does not relate to any year prior to 1858. (i) Fee payable for the first document or 20.00 entry applied for or if only one document or entry 231. Grant of certified copies of other documents.− (1) is applied for, then for that document or entry. Certified copies of the following documents shall be given to the (ii) Fee payable for every document or entry 10.00 other than the first included in the same accused on payment of necessary charges, before the filing of the application and connected with the same subject. (iii) When the applicant does not know to 10.00 final report (charge sheet) by the police:− which of two or more years a document or entry (i) Orders made on the remand report. belongs, the fee for searching the records of every year other than the first. (ii) Affidavit filed by the police officer for police (3) When the document belongs to a year Rs.P. prior to 1858:- custody of the accused and the orders passed by the Magistrate thereon. Until the Magistrate passes the order (i) Fee payable for the document or entry 300.00 applied for or if only one document or entry is for police custody, the accused is not entitled to a copy of applied for, then for that document or entry. that affidavit. (ii) Fee payable for every document or entry 250.00 other than the first included in the same (iii) The accused, notwithstanding the application and connected with the same subject. communication of the full particulars in writing at the time (iii) When the applicant does not know to 400.00 of arrest or subsequent thereto, is entitled to a copy of the which of two or more years a document or entry First Information Report even before the final report belongs, the fee for searching the records of every (charge sheet) is forwarded to the Magistrate under sub- year other than the first. section (2) of section 173 of the Code on application and on payment of charges. The accused is not entitled to Note: Only one search fee at the rate applicable to the certified copies of the inquest report, statements recorded documents need be paid for all papers filed together and forming a under section 174 of the Code, post-mortem certificate, single record. For instance, if a person applies for all the depositions requisition by the police officer to the Medical Officer for relating to a magisterial case, he needs to pay only one fee applicable conducting post-mortem and medically treating the injured, to the whole record in which they are filed. wound certificate, rough sketch of the scene of occurrence and observation mahazar prepared by the investigating officer before the final report (charge sheet) is filed. 230. Notice of certified copies ready for delivery.− In all Courts, a list of certified copies ready for delivery shall be posted on (2) On the same principle, the statements of witnesses the notice board and shall remain there for one week. The list shall recorded under section 161 of the Code and copies of wound state the numbers of the copy applications and the names of the certificates shall not be given to the accused until the final report persons to whom the copies are to be delivered. The list shall be (charge sheet) is filed by the police. affixed to the Court notice board immediately the Court opens on the following day. After the expiry of one week, the list shall be taken (3) Certified copies of photocopies of unmarked documents down and a note of such destruction made in the remarks column of shall not be given. the Copy Application Register against the item concerned. The unused147 148 CHAPTER - XXIX INSPECTION OF RECORDS OF COURT 232. Inspection by District Collector of Records of Court of Session.− Whenever a District Collector requires information with regard to the sessions trial in addition to that appearing in the finding and sentence of the Court of Session, he shall be at liberty, after giving due information to the Sessions Judge, to depute one of his Clerks, with an authorisation letter, to inspect the records and make copies or extracts of such parts thereof as appear material for the purposes which the District Collector may have in view, and the Sessions Judge shall permit such Clerk to inspect the records and take copies of extracts thereof. Every inspection of records under this Chapter shall be made within the precincts of the Court of Session in which the records are lodged and in the presence of an officer of the Court deputed by the Sessions Judge for the purpose. No record or a part of the record shall be removed by the inspecting officer from the precincts of the Court. 233. Inspection by police or prosecuting officer.− Whenever it shall appear to any police officer not below the rank of Sub-Inspector of Police, that an inspection of the records of any criminal trial or appeal will facilitate the detection or prevention of crime or is desired for examination of the conduct of police officers connected with the case and whenever the inspection of such records may be desired by a prosecuting officer, in the exercise of his duty as prosecuting officer, such officer or Public Prosecutor, as the case may be, may apply to the Sessions Judge or Presiding Magistrate of the Court in which the records are lodged for permission to inspect the same.148 149 234. Procedure on application.− The application referred to in the preceding rule shall be made in writing and shall contain a description of the records and shall state the purpose for which the inspection is sought. The Sessions Judge or Magistrate may, in his discretion, grant or refuse the application. If the application is refused, the Sessions Judge or Magistrate shall record the reasons for such refusal and shall communicate a copy thereof to the Police Officer concerned or to the Public Prosecutor, as the case may be. If the application is granted, the Sessions Judge or Magistrate shall make arrangements for permitting the inspection to be conducted in accordance with the succeeding rule. 235. Conduct of inspection.− Every inspection of records under these rules shall be conducted by a police officer not below the rank of Sub-Inspector of Police, or, if the inspection is granted on the application of a prosecuting officer, then, by the prosecuting officer himself, and it shall take place within the precincts of the Court in which the records are lodged and in the presence of an officer of the Court who shall be deputed by the Sessions Judge or Magistrate for the purpose and no record or part of a record shall be removed by the inspecting Officer from the precincts of the Court. 236. Copies of relevant records to be supplied to the prosecuting officer.− Copies of relevant records in any criminal proceedings shall be supplied to the prosecuting officer on his application.114509 150 237. Inspection by officers of other departments.− trial or appeal is pending, should be made by the clerk of the Court of Subject to rules 233 to 235, the privilege of inspecting records in a Session in-charge of the records or by someone working in his criminal proceeding is extended to,− presence and under his immediate supervision. No charge should be (1) Officers of the Salt, Customs, Narcotics, Revenue and made by the regular establishment of the Court. In cases where Enforcement, Assistant Inspectors and Inspectors of Excise so far as lengthy documents have to be copied and the work is done by the such records relate to their respective departments; Copyist department, the cost of the copy stamp papers used for the (2) Officers of the Income Tax Department including the Special same should be debited to the contingent allowances of the Courts Investigation Branch attached to it, not below the rank of Income Tax issuing copies. Inspectors duly authorized by the Income Tax Officers, in respect of records other than Police case diaries and reports and any confidential (2) Copies of relevant records in any criminal proceedings portion of such records; and should be supplied to the prosecuting officer concerned on his (3) Officers of the Co-operative Department duly authorized by application. the Registrar of Co-operative Societies or the Officers of the Co- operative Audit Department duly authorized by the Director of Co- (3) Copies of calendars, judgments and other orders of Court operative Audit, so far as such records relate to the Co-operative shall be granted to Assistant Public Prosecutors on the same Department or Co-operative Societies, in appropriate cases, except in conditions as those mentioned in sub-rule (1). cases where the offence is forgery. Explanation: The Presiding Officer of the Court shall decide as to which is an appropriate case. 238. Taking extracts.− An Officer inspecting records under these rules can take only written extracts therefrom if he considers it necessary to do so. 239. Copies to Prison Department.− The Prison Department shall, however, be supplied with copies of judgments convicting the accused free of cost. 240. Copies to prosecuting officer.− (1) Copies of documents which are required by the prosecuting officer while the149 115510 237. Inspection by officers of other departments.− trial or appeal is pending, should be made by the clerk of the Court of Subject to rules 233 to 235, the privilege of inspecting records in a Session in-charge of the records or by someone working in his criminal proceeding is extended to,− presence and under his immediate supervision. No charge should be (1) Officers of the Salt, Customs, Narcotics, Revenue and made by the regular establishment of the Court. In cases where Enforcement, Assistant Inspectors and Inspectors of Excise so far as lengthy documents have to be copied and the work is done by the such records relate to their respective departments; Copyist department, the cost of the copy stamp papers used for the (2) Officers of the Income Tax Department including the Special same should be debited to the contingent allowances of the Courts Investigation Branch attached to it, not below the rank of Income Tax issuing copies. Inspectors duly authorized by the Income Tax Officers, in respect of records other than Police case diaries and reports and any confidential (2) Copies of relevant records in any criminal proceedings portion of such records; and should be supplied to the prosecuting officer concerned on his (3) Officers of the Co-operative Department duly authorized by application. the Registrar of Co-operative Societies or the Officers of the Co- operative Audit Department duly authorized by the Director of Co- (3) Copies of calendars, judgments and other orders of Court operative Audit, so far as such records relate to the Co-operative shall be granted to Assistant Public Prosecutors on the same Department or Co-operative Societies, in appropriate cases, except in conditions as those mentioned in sub-rule (1). cases where the offence is forgery. Explanation: The Presiding Officer of the Court shall decide as to which is an appropriate case. 238. Taking extracts.− An Officer inspecting records under these rules can take only written extracts therefrom if he considers it necessary to do so. 239. Copies to Prison Department.− The Prison Department shall, however, be supplied with copies of judgments convicting the accused free of cost. 240. Copies to prosecuting officer.− (1) Copies of documents which are required by the prosecuting officer while the115521 152 CHAPTER - XXX (5) After the document has been admitted in evidence, the Court shall, unless it considers it necessary to retain the original, PRODUCTION, RETURN AND PRESERVATION OF RECORDS direct the parties to specify the portion or portions thereof on which PRODUCTION OF RECORDS they respectively rely, and require a copy to be made of the same at the expense of the party requiring such portion, and shall thereafter, 241. Production of records in the custody of a Court.− (1) with all convenient speed, return the original to the Court from which An application for the production of records in the custody of a Court, it was received, retaining the copies as part of the record. shall specify the particular document required to be produced. Unless it is made to appear to the Court that the production of the original documents is necessary, the party shall be required to obtain and file 242. Production of records in the custody of a Public copies thereof and the original shall not be sent for. Officer other than a Court.− (1) A summons for the production of records in the custody of the Public Officer other than a Court shall be (2) When a Court finds it necessary to require the production of in Judicial Form No.5 and shall be addressed to the Head of the the records of another Court, it shall address a letter of request to the Department concerned and in the case of summons to a District Presiding Judge of that Court. Registrar or a Sub-Registrar of Assurances, it shall be addressed to the Registrar or Sub- Registrar in whose office, or sub-office, as the (3) Where the document to be sent for by a Court either from case may be, the required records are kept. A summons for the its own records or from those of another Court is an Account Book, or production of revenue papers kept in any office in a district shall be in other document not being a record [(e.g.) judgment, decree, written all cases be directed to the Collector of the District: statements, etc.] which has to be in the custody of a Court and belongs to a person other than a party at whose instance it is sent Provided that, where the summons is for the production of for, the Court may require the party to deposit in Court before the village accounts, including field measurement books, such summons letter of request is issued, such sum as it may consider necessary to shall be addressed to the Tahsildar or the Deputy Tahsildar in meet the estimated cost of making a copy of the document when independent charge. produced. (2) Every application for such summons shall be made by an (4) When the letter of request is to be issued by the Court itself affidavit setting out,− (i) the document or documents the production acting of its own motion, it shall be open to the Court to call upon of which is required; (ii) the relevancy of the document or either party to make the deposit as aforesaid. documents; and (iii) in cases where the production of a certified copy or copies can be obtained, the result of such application.151 115532 CHAPTER - XXX (5) After the document has been admitted in evidence, the Court shall, unless it considers it necessary to retain the original, PRODUCTION, RETURN AND PRESERVATION OF RECORDS direct the parties to specify the portion or portions thereof on which PRODUCTION OF RECORDS they respectively rely, and require a copy to be made of the same at the expense of the party requiring such portion, and shall thereafter, 241. Production of records in the custody of a Court.− (1) with all convenient speed, return the original to the Court from which An application for the production of records in the custody of a Court, it was received, retaining the copies as part of the record. shall specify the particular document required to be produced. Unless it is made to appear to the Court that the production of the original documents is necessary, the party shall be required to obtain and file 242. Production of records in the custody of a Public copies thereof and the original shall not be sent for. Officer other than a Court.− (1) A summons for the production of records in the custody of the Public Officer other than a Court shall be (2) When a Court finds it necessary to require the production of in Judicial Form No.5 and shall be addressed to the Head of the the records of another Court, it shall address a letter of request to the Department concerned and in the case of summons to a District Presiding Judge of that Court. Registrar or a Sub-Registrar of Assurances, it shall be addressed to the Registrar or Sub- Registrar in whose office, or sub-office, as the (3) Where the document to be sent for by a Court either from case may be, the required records are kept. A summons for the its own records or from those of another Court is an Account Book, or production of revenue papers kept in any office in a district shall be in other document not being a record [(e.g.) judgment, decree, written all cases be directed to the Collector of the District: statements, etc.] which has to be in the custody of a Court and belongs to a person other than a party at whose instance it is sent Provided that, where the summons is for the production of for, the Court may require the party to deposit in Court before the village accounts, including field measurement books, such summons letter of request is issued, such sum as it may consider necessary to shall be addressed to the Tahsildar or the Deputy Tahsildar in meet the estimated cost of making a copy of the document when independent charge. produced. (2) Every application for such summons shall be made by an (4) When the letter of request is to be issued by the Court itself affidavit setting out,− (i) the document or documents the production acting of its own motion, it shall be open to the Court to call upon of which is required; (ii) the relevancy of the document or either party to make the deposit as aforesaid. documents; and (iii) in cases where the production of a certified copy or copies can be obtained, the result of such application.115543 154 wherein the proceeding is pending for the issue of a certificate to (3) No Court shall issue such a summons unless it considers the enable him to obtain such copy from the appropriate authority, and production of the original is necessary or is satisfied that the the Court shall, on being prima facie satisfied that the production of application for a certified copy has been duly made and has not been the certified copy in the proceeding is necessary, issue to the granted. The Court shall, in every case, record its reasons in writing applicant a certificate to that effect. and shall require the applicant to deposit in Court, before the summons is issued, to abide by the order of the Court, such sum as it 244. A list of records retained by a Court to be given to may consider necessary, to meet the estimated cost of making a copy the producer.− Where records or documents produced from any of the document when produced. Court or Public Officer are retained by the Court requiring their production, a receipt containing a descriptive list thereof shall be (4) On production of the documents in obedience to the given to the officer producing them and a duplicate of the receipt summons, the Court, unless it thinks it necessary to retain the shall be placed with the records or documents. Any apparent erasure original, shall direct a copy to be made at the expense of the or alteration in any paper shall be noted in the said list. applicant and shall, with all convenient speed, return the original retaining the copy. 245. Summoning document from Parliament or Legislature.− (1) Summons for the production of a document in the (5) Unless the Court requires the production of the original, custody of the House of Parliament or of a Legislature of a State shall every such summons to a public officer shall state that he is at liberty be by letter of request as in Judicial Form No.4. to produce, instead of the original, a copy certified in the manner prescribed by section 76 of the Evidence Act, 1872 (Central Act 1 of (2) No Court shall require production of the original document 1872). under sub-rule (1), unless it considers that such production is necessary in the interests of justice. Except where the Court (6) Nothing contained in this rule shall prevent a Court of its considers that the production of the original document is necessary, own motion from issuing a summons for the production of public the latter shall state that a certified copy may be produced instead of records or other documents in the custody of a Public Officer, if it the original. thinks it necessary for the ends of justice to do so. The Court shall, in every case, record its reasons in writing. 246. Records received to be opened in the presence of 243. Copies of public documents.− When a party to a Judge or Magistrate.− When any records or official documents are proceeding seeks to obtain a certified copy of a public document for received from any Court or public office, the same shall be opened in being filed into Court in that proceeding, he may apply to the Court the presence of the Presiding Judge or Magistrate and the papers115554 wherein the proceeding is pending for the issue of a certificate to enable him to obtain such copy from the appropriate authority, and the Court shall, on being prima facie satisfied that the production of the certified copy in the proceeding is necessary, issue to the applicant a certificate to that effect. 244. A list of records retained by a Court to be given to the producer.− Where records or documents produced from any Court or Public Officer are retained by the Court requiring their production, a receipt containing a descriptive list thereof shall be given to the officer producing them and a duplicate of the receipt shall be placed with the records or documents. Any apparent erasure or alteration in any paper shall be noted in the said list. 245. Summoning document from Parliament or Legislature.− (1) Summons for the production of a document in the custody of the House of Parliament or of a Legislature of a State shall be by letter of request as in Judicial Form No.4. (2) No Court shall require production of the original document under sub-rule (1), unless it considers that such production is necessary in the interests of justice. Except where the Court considers that the production of the original document is necessary, the latter shall state that a certified copy may be produced instead of the original. 246. Records received to be opened in the presence of Judge or Magistrate.− When any records or official documents are received from any Court or public office, the same shall be opened in the presence of the Presiding Judge or Magistrate and the papers156 115565 compared with the list accompanying them. The instructions PRESERVATION OF RECORDS contained in rules 244 and 247 shall then be observed, as far as 250. Custody of records.− A Sessions Judge should not possible. permit the original records of criminal trials in his Court to leave his custody except in accordance with the express provisions of law, save 247. Records to be kept in packet sealed and labelled.− as provided in rules 233 to 238. Any person not legally competent to The public records or documents shall, so long as they remain in the demand production of the originals, whether an official in the custody of Court which required their production, be kept in a sealed Government service or a private individual, should, if he wishes to packet, properly labelled and the packet shall not be opened except in examine the record, be required to apply for and obtain certified the presence of the Presiding Judge or Magistrate. copies in accordance with the rules made in that behalf. RETURN OF RECORDS 248. Return of records when no longer required.− Whenever it shall appear that any public documents received from any Court or Public Office are no longer required, they shall be returned to such Court or Office with a descriptive list in a sealed packet. If necessary, certified photocopies of the documents may be retained in the case bundle. 249. Application to be made for return of documents.− Application from parties or other persons for the return of documents filed in Courts shall be made to the Court in which they were originally filed. If application is made for document which has been transmitted to another Court, the Court in which the document was originally filed shall itself apply for the transmission of the document and on receipt, shall return it to the applicant: Provided that no document shall be returned unless the Judge or Magistrate is satisfied that it will not be required for reference in proceedings pending either before his own Court or the Court of Appeal or Revision.156 155 157 compared with the list accompanying them. The instructions PRESERVATION OF RECORDS contained in rules 244 and 247 shall then be observed, as far as 250. Custody of records.− A Sessions Judge should not possible. permit the original records of criminal trials in his Court to leave his custody except in accordance with the express provisions of law, save 247. Records to be kept in packet sealed and labelled.− as provided in rules 233 to 238. Any person not legally competent to The public records or documents shall, so long as they remain in the demand production of the originals, whether an official in the custody of Court which required their production, be kept in a sealed Government service or a private individual, should, if he wishes to packet, properly labelled and the packet shall not be opened except in examine the record, be required to apply for and obtain certified the presence of the Presiding Judge or Magistrate. copies in accordance with the rules made in that behalf. RETURN OF RECORDS 248. Return of records when no longer required.− Whenever it shall appear that any public documents received from any Court or Public Office are no longer required, they shall be returned to such Court or Office with a descriptive list in a sealed packet. If necessary, certified photocopies of the documents may be retained in the case bundle. 249. Application to be made for return of documents.− Application from parties or other persons for the return of documents filed in Courts shall be made to the Court in which they were originally filed. If application is made for document which has been transmitted to another Court, the Court in which the document was originally filed shall itself apply for the transmission of the document and on receipt, shall return it to the applicant: Provided that no document shall be returned unless the Judge or Magistrate is satisfied that it will not be required for reference in proceedings pending either before his own Court or the Court of Appeal or Revision.115587 158 CHAPTER - XXXI (3) The words “entire Sessions record” include the charge, plea SUBMISSION OF RECORDS AND of the accused, the evidence (oral and documentary), the statement MATERIAL OBJECTS TO THE HIGH COURT of the accused under section 313 of the Code and the judgment. 251. Submission of records and material objects.− The Court shall see that the records called for by the High Court are (4) The words "entire Magisterial record" include an extract submitted promptly. Any delay shall be explained in the letter from the diary, Register of Preliminary Enquiry, Police occurrence advising despatch of the records. The following cases shall be treated Reports, mahazars and Village Administrative Officer's reports, and as urgent:− Proceedings (if any) before any Magistrate other than the Committing (i) Reference under section 366 of the Code; Magistrate who may have dealt with the case, but do not include so (ii) Appeal against acquittal in which the accused much of the Magisterial Record as may have been incorporated in the are re-arrested and are in custody; (iii) Criminal Revision cases in which notice of record of the Court of Session. enhancement of sentence has been issued and the accused are in prison on short sentences; (iv) Criminal Appeals and Revision Cases in which (5) The covering letter for all records shall be sent separately bail is refused and accused are in prison on short from them by post. Any delay in submitting the records shall be sentences; and (v) Criminal Appeals and Revision Cases where explained in the covering letter advising despatch of records. It shall stay of proceedings in any criminal case is ordered state when and how and in how many separate files, the records are pending their disposal. despatched. 252. Records to be submitted to the High Court.− (1) The following records shall be submitted to the High Court in all cases of (6) In every case sent up to the High Court,− appeals or revisions against the judgment of a Sessions Court, other (i) the records in English and in the regional than judgment on appeal to the Court of Session:- language, - the English part of Sessions record, if any, including translations, (i) The entire Sessions record; and (ii) the part of the Sessions record in the regional (ii) The entire magisterial record. language, if any; (iii) the English part of the Magisterial record (2) In cases of appeals not already provided for and in cases of including translation; and revision - (iv) the part of the Magisterial record in the regional language (i) The material part of case record including an extract from the diary; shall be bound and indexed separately. The indexing in respect of (ii) The material part of the appellate case record, records specified in clauses (i) and (ii) of sub-rule (6), shall be made if any. in Judicial Form Nos.63 and 65, respectively.157 115598 CHAPTER - XXXI (3) The words “entire Sessions record” include the charge, plea SUBMISSION OF RECORDS AND of the accused, the evidence (oral and documentary), the statement MATERIAL OBJECTS TO THE HIGH COURT of the accused under section 313 of the Code and the judgment. 251. Submission of records and material objects.− The Court shall see that the records called for by the High Court are (4) The words "entire Magisterial record" include an extract submitted promptly. Any delay shall be explained in the letter from the diary, Register of Preliminary Enquiry, Police occurrence advising despatch of the records. The following cases shall be treated Reports, mahazars and Village Administrative Officer's reports, and as urgent:− Proceedings (if any) before any Magistrate other than the Committing (i) Reference under section 366 of the Code; Magistrate who may have dealt with the case, but do not include so (ii) Appeal against acquittal in which the accused much of the Magisterial Record as may have been incorporated in the are re-arrested and are in custody; (iii) Criminal Revision cases in which notice of record of the Court of Session. enhancement of sentence has been issued and the accused are in prison on short sentences; (iv) Criminal Appeals and Revision Cases in which (5) The covering letter for all records shall be sent separately bail is refused and accused are in prison on short from them by post. Any delay in submitting the records shall be sentences; and (v) Criminal Appeals and Revision Cases where explained in the covering letter advising despatch of records. It shall stay of proceedings in any criminal case is ordered state when and how and in how many separate files, the records are pending their disposal. despatched. 252. Records to be submitted to the High Court.− (1) The following records shall be submitted to the High Court in all cases of (6) In every case sent up to the High Court,− appeals or revisions against the judgment of a Sessions Court, other (i) the records in English and in the regional than judgment on appeal to the Court of Session:- language, - the English part of Sessions record, if any, including translations, (i) The entire Sessions record; and (ii) the part of the Sessions record in the regional (ii) The entire magisterial record. language, if any; (iii) the English part of the Magisterial record (2) In cases of appeals not already provided for and in cases of including translation; and revision - (iv) the part of the Magisterial record in the regional language (i) The material part of case record including an extract from the diary; shall be bound and indexed separately. The indexing in respect of (ii) The material part of the appellate case record, records specified in clauses (i) and (ii) of sub-rule (6), shall be made if any. in Judicial Form Nos.63 and 65, respectively.115609 160 (7) Eight spare copies of judgment in cases referred under (11) When an accused files a written statement at the time of section 366 of the Code and six copies in other Sessions trials his examination under section 313 of the Code, it shall be stitched should be sent with the record. They should not be paged and along with the statement and kept in the bundle. entered in the index, but should be kept separate from the record. (12) While sending the records to the High Court for reference in appeals, the statement under section 313 of the Code and the written statement shall also be submitted. (8) The docket on the fly-leaf of all records and the covering letter should specify the number of the case on the lower Court's file (13) While submitting records to the High Court, the Presiding and the number of the appeal or revision case or petition on High Officers shall pay more attention to submit all important material Court's file. records such as First Information Report, charge sheet, statement of Note: The fly-leaf shall be of sufficient thickness and of foolscap size. accused, charges framed by Courts, deposition of prosecution side and connected exhibits, deposition of defence side and exhibits, (9) The calendar, translations, copies, notes of evidence, etc., judgments of the trial Court and any other relevant records. shall, wherever possible, be written on foolscap paper of sufficient substance. (14) Whenever the case records for appeals/revisions are submitted to the High Court by the Sessions Judges or the Chief (10) (i) Every record shall, before despatch to the High Judicial Magistrates, the consolidated period of detention undergone Court, be examined and certified as complete in accordance with the by the accused in such cases before them as also before the foregoing rules by the Head Ministerial Officer of the Court forwarding Magistrates, both as under-trial prisoner and as convict, shall be it. furnished as a separate annexure to the judgment in the Sessions Cases or appeals. (ii) Where copies of depositions, verified as to accuracy or not, are made out for the use of the Judge or for any other purpose (15) The Registry of High Court shall call for records from the and are available, they shall be submitted to the High Court with the subordinate Courts in Judicial Form No.76 in case of Criminal Appeals records to facilitate printing or typing of the evidence, if necessary. and in Judicial Form No.77 in case of Criminal Revision Cases. While Indication shall, however, be given in the covering letter or in some sending the original case records, the Courts shall also send all the prominent place in the copies themselves to show whether the copies documents like charges, deposition of witnesses, statement under are accurate or whether they require to be compared with original. section 313 of the Code and judgment, if available, as soft copy by email to the High Court. The Courts may send photocopy of the159 116610 (7) Eight spare copies of judgment in cases referred under (11) When an accused files a written statement at the time of section 366 of the Code and six copies in other Sessions trials his examination under section 313 of the Code, it shall be stitched should be sent with the record. They should not be paged and along with the statement and kept in the bundle. entered in the index, but should be kept separate from the record. (12) While sending the records to the High Court for reference in appeals, the statement under section 313 of the Code and the written statement shall also be submitted. (8) The docket on the fly-leaf of all records and the covering letter should specify the number of the case on the lower Court's file (13) While submitting records to the High Court, the Presiding and the number of the appeal or revision case or petition on High Officers shall pay more attention to submit all important material Court's file. records such as First Information Report, charge sheet, statement of Note: The fly-leaf shall be of sufficient thickness and of foolscap size. accused, charges framed by Courts, deposition of prosecution side and connected exhibits, deposition of defence side and exhibits, (9) The calendar, translations, copies, notes of evidence, etc., judgments of the trial Court and any other relevant records. shall, wherever possible, be written on foolscap paper of sufficient substance. (14) Whenever the case records for appeals/revisions are submitted to the High Court by the Sessions Judges or the Chief (10) (i) Every record shall, before despatch to the High Judicial Magistrates, the consolidated period of detention undergone Court, be examined and certified as complete in accordance with the by the accused in such cases before them as also before the foregoing rules by the Head Ministerial Officer of the Court forwarding Magistrates, both as under-trial prisoner and as convict, shall be it. furnished as a separate annexure to the judgment in the Sessions Cases or appeals. (ii) Where copies of depositions, verified as to accuracy or not, are made out for the use of the Judge or for any other purpose (15) The Registry of High Court shall call for records from the and are available, they shall be submitted to the High Court with the subordinate Courts in Judicial Form No.76 in case of Criminal Appeals records to facilitate printing or typing of the evidence, if necessary. and in Judicial Form No.77 in case of Criminal Revision Cases. While Indication shall, however, be given in the covering letter or in some sending the original case records, the Courts shall also send all the prominent place in the copies themselves to show whether the copies documents like charges, deposition of witnesses, statement under are accurate or whether they require to be compared with original. section 313 of the Code and judgment, if available, as soft copy by email to the High Court. The Courts may send photocopy of the116621 material records duly certified in all pages by an official not below the rank of Head Clerk of the Court concerned to be true photocopy. In a case where the original record has been specifically called for, the Court concerned shall send the same along with a photocopy of it duly certified by an official not below the rank of Head Clerk. The original record shall be returned after perusal by the Judge concerned, retaining the certified photocopy of it. 253. Index, how to be filled up.− In filling up the indices accompanying records of criminal cases, care shall be taken to give the names of the witnesses in full and indicate within brackets, after the names, their official designation, if any. 254. Material objects.− (1) When a reference is made to or notice of an appeal or revision is received from the High Court, the Judge shall determine whether any or which of the material objects marked as exhibits in the case shall be sent to the High Court, and in exercising his discretion, he shall consider whether the object can be conveniently submitted and whether an inspection thereof will assist the High Court. (2) Courts of Session shall enclose with the records in Sessions Cases submitted to the High Court, a list of material objects in Judicial Form No.64. 255. Note to be made if any material object is retained.− In every case in which any material object is retained, the order of the Judge directing such retention shall form part of the record submitted to the High Court.161 116632 material records duly certified in all pages by an official not below the 256. Return of received articles.− Articles received from the rank of Head Clerk of the Court concerned to be true photocopy. In a lower Courts shall be returned along with the records within 90 days case where the original record has been specifically called for, the from the date of disposal of the case: Court concerned shall send the same along with a photocopy of it Provided that such of the articles as may be required for the duly certified by an official not below the rank of Head Clerk. The Police Training School Museum shall be returned to the District original record shall be returned after perusal by the Judge Superintendent of Police of the district concerned at his request after concerned, retaining the certified photocopy of it. the appeal time has expired. 253. Index, how to be filled up.− In filling up the indices accompanying records of criminal cases, care shall be taken to give the names of the witnesses in full and indicate within brackets, after the names, their official designation, if any. 254. Material objects.− (1) When a reference is made to or notice of an appeal or revision is received from the High Court, the Judge shall determine whether any or which of the material objects marked as exhibits in the case shall be sent to the High Court, and in exercising his discretion, he shall consider whether the object can be conveniently submitted and whether an inspection thereof will assist the High Court. (2) Courts of Session shall enclose with the records in Sessions Cases submitted to the High Court, a list of material objects in Judicial Form No.64. 255. Note to be made if any material object is retained.− In every case in which any material object is retained, the order of the Judge directing such retention shall form part of the record submitted to the High Court.163 164 164 CHAPTER - XXXII (3) Seized idols shall be photographed and after drawing the panchanama in the said Judicial Form No.82, the same shall be DISPOSAL OF PROPERTY handed over to the nearest Government museum and the said fact 257. Return of properties pending enquiry.− (1) Subject to shall be intimated directly to the Secretary to Government, Tourism, the procedure laid down in special statutes, the Court may give Culture and Religious Endowment Department, Fort St. George, custody of jewels, vehicles, cash and other articles under section 451 Chennai – 600 009 or Secretary to Government, Revenue/Hindu of the Code, to competent claimants without imposing onerous Religious Institutions, Art and Culture Department, Puducherry, as the conditions. It is not necessary in all cases to impose a condition that case may be, with a copy of the said communication to the High Court the property shall be preserved and produced as and when required. for information. A panchanama in Judicial Form No.82 may be prepared by the Court (4) Seized animals shall be kept in the nearest animal shelter and such panchanama can be used in evidence. Photographs may until appropriate orders are passed with regard to their interim also be taken and certified under section 65-B of the Evidence Act, custody. The cost of maintenance of the seized animals shall be borne 1872 (Central Act 1 of 1872) and such photographs may be used as by the person claiming custody of the same. secondary evidence. (5) The material objects produced by the police which are (2) In respect of vehicles, if they are not claimed by the subject to decay, shall be destroyed after taking photos and certifying accused, owner or by a third party, the Insurance Company shall be the same under section 65-B of the said Central Act 1 of 1872. A informed by the Court to take possession of the vehicles. Despite detailed panchanama in this regard shall also be prepared. such information, if the Insurance Company does not take possession of the vehicles, the vehicles shall be ordered to be auctioned as per 258. Disposal of counterfeit coins and forged currency rule 261 within a period of six months from the date of production of notes.− (1) When counterfeit coins have to be disposed of by a Court the said vehicles before the Court. Before handing over possession of under sections 452, 457 or 458 of the Code, they shall be forwarded such vehicles, photographs of the same shall be taken and certified together with any dyes, moulds, etc., which may have been produced under section 65-B of the said Central Act 1 of 1872 and a detailed in the case, to the nearest treasury or sub-treasury with a request panchanama in the said Judicial Form No.82 also be prepared. that they may be remitted to the mint for examination. A concise and accurate report shall also be sent containing a description of the case and the sentence imposed.116654 (3) Seized idols shall be photographed and after drawing the panchanama in the said Judicial Form No.82, the same shall be handed over to the nearest Government museum and the said fact shall be intimated directly to the Secretary to Government, Tourism, Culture and Religious Endowment Department, Fort St. George, Chennai – 600 009 or Secretary to Government, Revenue/Hindu Religious Institutions, Art and Culture Department, Puducherry, as the case may be, with a copy of the said communication to the High Court for information. (4) Seized animals shall be kept in the nearest animal shelter until appropriate orders are passed with regard to their interim custody. The cost of maintenance of the seized animals shall be borne by the person claiming custody of the same. (5) The material objects produced by the police which are subject to decay, shall be destroyed after taking photos and certifying the same under section 65-B of the said Central Act 1 of 1872. A detailed panchanama in this regard shall also be prepared. 258. Disposal of counterfeit coins and forged currency notes.− (1) When counterfeit coins have to be disposed of by a Court under sections 452, 457 or 458 of the Code, they shall be forwarded together with any dyes, moulds, etc., which may have been produced in the case, to the nearest treasury or sub-treasury with a request that they may be remitted to the mint for examination. A concise and accurate report shall also be sent containing a description of the case and the sentence imposed.116665 (2) In the case of forgery of currency notes, the disposal of implements, such as moulds, dyes, etc., produced in, and confiscated by a Court of law, is a matter for the decision of the Court which tries the case; and when they are ordered by the Court to be delivered to the police for destruction, the police shall themselves arrange for their destruction and not send them to the currency offices or mints for destruction, provided that, if the police consider any particular implements are of special interest and should be preserved, they shall make them over to the Criminal Investigation Department for this purpose. (3) All forged currency notes brought before the Court shall be handed over to the police for being forwarded to the Issue Department of the Reserve Bank of India, with a brief report of the case. 259. Implements, e.g., moulds, dyes, etc., to be destroyed by the police.− In all appealable cases, the disposal of counterfeit coins, forged currency notes and implements such as moulds and dyes, in accordance with the previous rule, shall be deferred till the period of time allowed for preferring an appeal expires and in the event of appeal, until it is disposed of.166 165 167 (2) In the case of forgery of currency notes, the disposal of 260. Disposal of excisable goods in Court custody.− In the implements, such as moulds, dyes, etc., produced in, and confiscated case of excisable goods held in the custody of Court, notice of the by a Court of law, is a matter for the decision of the Court which tries date of auction or other method of disposal shall be issued to the the case; and when they are ordered by the Court to be delivered to Excise authority concerned requiring such authority to arrange for the the police for destruction, the police shall themselves arrange for collection of the duty leviable, if any, on the goods and for issue of a their destruction and not send them to the currency offices or mints transport permit where necessary. The Excise authority may also be for destruction, provided that, if the police consider any particular required to satisfy itself that the purchaser in auction or otherwise is implements are of special interest and should be preserved, they shall licensed to deal in such goods. make them over to the Criminal Investigation Department for this purpose. 261. Disposal of properties liable for confiscation.− The Sessions Judge shall hand over all the properties, other than the (3) All forged currency notes brought before the Court shall be properties mentioned in the foregoing rules, that are liable for handed over to the police for being forwarded to the Issue confiscation, lying in the Courts within the Sessions Division, to the Department of the Reserve Bank of India, with a brief report of the Collector of the District, who shall accept and dispose the same in case. accordance with the rules framed by the Government, from time to time. Before handing over a confiscated property, the Sessions Judge shall ensure that there is no appeal or revision pending in respect of 259. Implements, e.g., moulds, dyes, etc., to be the case. destroyed by the police.− In all appealable cases, the disposal of counterfeit coins, forged currency notes and implements such as moulds and dyes, in accordance with the previous rule, shall be 262. Destruction of properties.− Subject to the above rules, deferred till the period of time allowed for preferring an appeal a Court shall hand over all other properties that are liable for expires and in the event of appeal, until it is disposed of. destruction, to the investigating agency of the case for destruction and filing of report. Before handing over a property liable for destruction, the Court shall ensure that there is no appeal or revision pending in respect of the case.167 168 263. When material objects are to be disposed.− (1) The material objects exhibited at the trial of criminal cases should be retained by the Court until the Court is satisfied that the appeal time has expired and that no appeal has been presented or that any appeal presented has been disposed of. But, when a case is disposed of by the High Court, the material object shall ordinarily be disposed of by the lower Court after the expiry of 90 days from the date of judgment of the High Court, unless in the meantime, the parties interested have, on a proper application, obtained a direction from the High Court for preservation of such objects, pending disposal of an application for leave to appeal to the Supreme Court under sub- clause (c) of clause (1) of Article 134 of the Constitution of India, or a Special Leave Petition; or intimation of appeal preferred to the Supreme Court of India under sub-clauses (a) and (b) of clause (1) of Article 134 of the Constitution is received. After that, they may be destroyed or otherwise disposed of according to these Rules: Provided that in a Sessions Case where the material object confiscated is a weapon, other than a fire arm or ammunition, and is in the opinion of the Sessions Judge of a most unusual character or of special interest in the light of the facts of the case, it shall be ascertained by reference to the Professor of Medical Jurisprudence of the Medical College, Chennai and the Principal of the Police Training School concerned, whether it is required for the Medico Legal Museum of the College or for the Police Museum in the School. The weapon shall be destroyed only if it is not so required. If it is so required, it shall be sent either to the Professor of Medical Jurisprudence or the Principal, Police Training School. The former shall, however, have priority over the latter in respect of weapons for which there is a demand from both of them:116698 Provided further that such of the material objects as may be required for the Police Training School Museum shall be returned to the Superintendent of Police of the district concerned at their request after the appeal time has expired. (2) The Court of Session, before destroying the material objects, shall ensure that no appeal or petition against the Sessions Case has been filed and pending,− (i) by addressing the High Court and ascertaining whether any appeal or petition had been preferred and getting a reply from the High Court that no appeal or petition had been preferred or presented or an appeal or petition, if preferred or presented, is pending and also waiting for another three months from the date of communication; (ii) by addressing the police station concerned and ascertaining in writing from the police that no appeal or petition is preferred and presented or pending; (iii) by addressing the accused through the Superintendent of Prison concerned whether he had preferred or intends to prefer an appeal or petition and getting a reply from the accused concerned. (3) Whenever it is decided by the Court that fire arms and ammunition such as bullets, bombs and other explosive materials involved in the cases are to be destroyed, instead of directing their destruction, the same shall be handed over to the Commissioner of Police or Superintendent of Police of the District, as the case may be, under due acknowledgment.116709 CHAPTER - XXXIII DESTRUCTION OF CASE RECORDS 264. Destruction of case records.− (1) An index in Administrative Form No.46, shall be put up with the record of every case of its first institution and each paper as it is filed with the records shall be entered in such index. (2) Every record shall, after its completion and immediately before it is deposited in the record room, be divided into parts as shown in the table given in Part B in the said Administrative Form No.46 and to facilitate this division, each paper, shall, so soon as it is filed with the record, be numbered and marked off in the index as appertaining to one or another of such parts. (3) Other documents which have been produced by parties, but, have either not been tendered in evidence, or, having been tendered in evidence, have been rejected, shall be kept apart from the record of the case or other proceeding to which they belong and shall, if not reclaimed by the party who produced them, be retained in the Court in which they were produced for a period of one year from the date of the final order of the Court in the case or proceeding in which the documents were produced and shall, at the expiration of that period, be destroyed in the manner prescribed by sub-rule (9) of this rule: Provided that notice of destruction shall be given in the manner prescribed by sub-rule (11) of this rule, in the months of January to July succeeding the date of expiry of the period of one year referred to in this rule and also by affixing to the notice-board of the Court (at the time of publication in the Gazette) a copy of the notice published in the District Gazette. Sub-rule (12) of this rule shall not apply to such documents.170 169 171 CHAPTER - XXXIII (4) No application is necessary for the return of the DESTRUCTION OF CASE RECORDS documents produced, which have either not been tendered in evidence, or, if tendered, have been rejected. It is sufficient if a 264. Destruction of case records.− (1) An index in receipt for their return is taken in the list with which they have been Administrative Form No.46, shall be put up with the record of every put up. case of its first institution and each paper as it is filed with the (5) The part of the records described in the table given in Part C records shall be entered in such index. of the said Administrative Form No.46 shall be retained for the period (2) Every record shall, after its completion and immediately respectively specified against them from the date of their completion, before it is deposited in the record room, be divided into parts as provided that, in any case, the Presiding Judge or Magistrate may, for shown in the table given in Part B in the said Administrative Form reasons to be recorded in writing, direct that any of the papers in any No.46 and to facilitate this division, each paper, shall, so soon as it is one part be transferred to any other part for which a longer period of filed with the record, be numbered and marked off in the index as retention is prescribed; in which case the fact shall be noted in the appertaining to one or another of such parts. index and the papers dealt with as if they had belonged from the (3) Other documents which have been produced by parties, commencement to the part to which they were so transferred. but, have either not been tendered in evidence, or, having been tendered in evidence, have been rejected, shall be kept apart from Note: Except as otherwise specially provided, the records mentioned the record of the case or other proceeding to which they belong and in this sub-rule shall be taken to have reached their completion on the date of the final order of the Court of first instance, or in the shall, if not reclaimed by the party who produced them, be retained event of an appeal or revision, from the date of the final order of the in the Court in which they were produced for a period of one year superior Court. from the date of the final order of the Court in the case or proceeding (6) The Court registers, books and papers described in the table in which the documents were produced and shall, at the expiration of given in Part D of the said Administrative Form No.46 shall be that period, be destroyed in the manner prescribed by sub-rule (9) of retained for the period respectively specified against them reckoning this rule: from their respective dates or from the dates at which they close: Provided that notice of destruction shall be given in the manner Provided that the Sessions Judge or Chief Metropolitan prescribed by sub-rule (11) of this rule, in the months of January to Magistrate/Chief Judicial Magistrate, may, in his discretion, direct the July succeeding the date of expiry of the period of one year referred retention, for a longer period or permanently, of papers which he to in this rule and also by affixing to the notice-board of the Court (at may consider likely to be useful in the future, as containing the the time of publication in the Gazette) a copy of the notice published results of enquiries or other information, or the opinions of in the District Gazette. Sub-rule (12) of this rule shall not apply to experienced officers in matters connected with the general such documents.117721 172 administration of justice, and provided also that no Court subordinate sentence passed is one of imprisonment for life are destroyed, the to the Chief Metropolitan Magistrate or Chief Judicial Magistrate shall Record Keeper or his Assistant, as the case may be, shall also certify cause any papers to be destroyed under the next succeeding sub-rule that the judgment is destroyed either because a report of the without having first obtained from such Chief Metropolitan Magistrate convict's death has been received or because the convict has been or Chief Judicial Magistrate of the district, as the case may be, released. permission in writing to do so. (11) To enable parties, who have filed documents in Court, to (7) When any document of which the destruction is ordered withdraw the same before the period appointed for Gazette in January by these rules, is, before it has been destroyed, made evidence in any of each year stating that all documents filed in the cases (to be other case or proceeding, the rule regulating its destruction shall be therein enumerated) will unless previously reclaimed, be destroyed at the rule applicable to evidence filed in such case or proceeding where the expiration of the period indicated in the notice in Judicial Form the period prescribed by such last mentioned rule is in excess of the No.58; and the following note shall also be entered at the foot of period prescribed by the rule which originally governed its every copy of a judgment or order granted to any of the parties to destruction. the case or proceeding in which judgment or order was made or to (8) All records, books and papers described in the tables given the advocates, or authorised agents of such parties:− in Parts C and D of Administrative Form No.46 shall be destroyed without fail at the expiration of the period respectively indicated "The parties shall apply, as soon as possible, for the return of all exhibits which they may wish to preserve, as against them: the record will be liable to be destroyed after three years Provided that the document produced in the Court by the from this date." Government officials shall not be destroyed, but shall, if not previously returned, be transmitted to the responsible officers on the (12) The above rules do not apply to non-magisterial records of expiry of the period prescribed for their retention. Revenue Officers, such as Gazette files, etc., but apply only to the (9) All records, books and papers to be destroyed under sub- judicial records of these officers. rule (8) shall be disposed of according to the instructions issued in (13) In order to facilitate the work of destruction of records, that behalf. there shall be maintained in the record room of each Court, a register (10) Whenever records, books or papers are destroyed under in Administrative Form No.31 (Criminal Register No.31). sub-rule (8), a complete list of the records, books or papers so (14) Documents which are required for the Police Training destroyed shall be prepared and the date of destruction shall be School Museum shall be sent to the District Superintendents of Police entered at the head thereof. It shall be the duty of the Record of the district concerned at their request after the appeal time has Keeper (or his Assistant, if there is one) to certify the correctness of expired. these lists. Whenever Sessions Case judgements in which the171 117732 administration of justice, and provided also that no Court subordinate sentence passed is one of imprisonment for life are destroyed, the to the Chief Metropolitan Magistrate or Chief Judicial Magistrate shall Record Keeper or his Assistant, as the case may be, shall also certify cause any papers to be destroyed under the next succeeding sub-rule that the judgment is destroyed either because a report of the without having first obtained from such Chief Metropolitan Magistrate convict's death has been received or because the convict has been or Chief Judicial Magistrate of the district, as the case may be, released. permission in writing to do so. (11) To enable parties, who have filed documents in Court, to (7) When any document of which the destruction is ordered withdraw the same before the period appointed for Gazette in January by these rules, is, before it has been destroyed, made evidence in any of each year stating that all documents filed in the cases (to be other case or proceeding, the rule regulating its destruction shall be therein enumerated) will unless previously reclaimed, be destroyed at the rule applicable to evidence filed in such case or proceeding where the expiration of the period indicated in the notice in Judicial Form the period prescribed by such last mentioned rule is in excess of the No.58; and the following note shall also be entered at the foot of period prescribed by the rule which originally governed its every copy of a judgment or order granted to any of the parties to destruction. the case or proceeding in which judgment or order was made or to (8) All records, books and papers described in the tables given the advocates, or authorised agents of such parties:− in Parts C and D of Administrative Form No.46 shall be destroyed without fail at the expiration of the period respectively indicated "The parties shall apply, as soon as possible, for the return of all exhibits which they may wish to preserve, as against them: the record will be liable to be destroyed after three years Provided that the document produced in the Court by the from this date." Government officials shall not be destroyed, but shall, if not previously returned, be transmitted to the responsible officers on the (12) The above rules do not apply to non-magisterial records of expiry of the period prescribed for their retention. Revenue Officers, such as Gazette files, etc., but apply only to the (9) All records, books and papers to be destroyed under sub- judicial records of these officers. rule (8) shall be disposed of according to the instructions issued in (13) In order to facilitate the work of destruction of records, that behalf. there shall be maintained in the record room of each Court, a register (10) Whenever records, books or papers are destroyed under in Administrative Form No.31 (Criminal Register No.31). sub-rule (8), a complete list of the records, books or papers so (14) Documents which are required for the Police Training destroyed shall be prepared and the date of destruction shall be School Museum shall be sent to the District Superintendents of Police entered at the head thereof. It shall be the duty of the Record of the district concerned at their request after the appeal time has Keeper (or his Assistant, if there is one) to certify the correctness of expired. these lists. Whenever Sessions Case judgements in which the173 174 174 CHAPTER - XXXIV (2) Dealing with disputed claims of civil right under colour of criminal charge. SUPERVISION OF SUBORDINATE CRIMINAL COURTS and (3) Indiscreet imposition of fines beyond the means ANNUAL INSPECTION of offenders. 265. Supervision by Sessions Judges and Chief Judicial (4) The imposition of heavy fines in addition to Magistrates.− (1) The Code declares that every Chief Judicial imprisonment with a view, in default of payment, to extending the term of imprisonment beyond the powers of Magistrate and Chief Metropolitan Magistrate and every Additional the Magistrate to inflict. Chief Metropolitan Magistrate shall be subordinate to the Sessions (5) Indiscriminate extensions of the grant of time Judge and every other Judicial Magistrate, subject to the general for the payment of the fine without regard to principles laid control of the Sessions Judge, be subordinate to the Chief Judicial down in section 424 of the Code. Magistrate and every Metropolitan Magistrate shall, subject to the (6) Excessive sentence of imprisonment out of all general control of the Sessions Judge, be subordinate to the Chief reasonable proportion to the offence of which the accused has been convicted. Metropolitan Magistrate and that the Chief Metropolitan Magistrate is responsible for the supervision of the judicial work and administrative (7) Failure to make a discriminating and judicious use of the provisions of section 360 of the Code, the work of all Metropolitan Magistrates and the Chief Judicial Magistrate Juvenile Justice (Care and Protection of Children) Act, must supervise the administrative and judicial work of all the 2015, (Central Act 2 of 2016), the Tamil Nadu Borstal Schools Act, 1925 (Tamil Nadu Act 5 of 1926) and the Magistrates within the District. Probation of Offenders Act, 1958 (Central Act 20 of 1958). (8) Light punishment for offences requiring severe (2) The Chief Judicial Magistrate/Chief Metropolitan Magistrate sentences with special reference to cases which should have shall not requisition the services of their Sherishtadar either for been submitted by the Subordinate Magistrates to the Superior Courts for higher punishment. surprise inspection or annual inspection. (9) Exaction of excessive bail or excessive security for keeping peace, or for good behaviour. 266. Points to be noticed in exercising supervision.− Some of the points to which the attention of the Sessions Judges, (10) Avoidable delay at any stage of the trial of the cases. Chief Metropolitan Magistrate and Chief Judicial Magistrates is particularly directed in the exercise of their power of supervision are (11) Needless adverse remarks in judgments against public servants. noted below:- (1) Rash issue of process to the accused; judicious (12) If a sentence of imprisonment for a term of less and discriminating use of the provisions of sections 203 and than three months is awarded for the types of offences 245 of the Code. mentioned in sub-section (4) of section 354 of the Code, the reasons recorded by the Magistrates should be noticed.117754 (2) Dealing with disputed claims of civil right under colour of criminal charge. (3) Indiscreet imposition of fines beyond the means of offenders. (4) The imposition of heavy fines in addition to imprisonment with a view, in default of payment, to extending the term of imprisonment beyond the powers of the Magistrate to inflict. (5) Indiscriminate extensions of the grant of time for the payment of the fine without regard to principles laid down in section 424 of the Code. (6) Excessive sentence of imprisonment out of all reasonable proportion to the offence of which the accused has been convicted. (7) Failure to make a discriminating and judicious use of the provisions of section 360 of the Code, the Juvenile Justice (Care and Protection of Children) Act, 2015, (Central Act 2 of 2016), the Tamil Nadu Borstal Schools Act, 1925 (Tamil Nadu Act 5 of 1926) and the Probation of Offenders Act, 1958 (Central Act 20 of 1958). (8) Light punishment for offences requiring severe sentences with special reference to cases which should have been submitted by the Subordinate Magistrates to the Superior Courts for higher punishment. (9) Exaction of excessive bail or excessive security for keeping peace, or for good behaviour. (10) Avoidable delay at any stage of the trial of the cases. (11) Needless adverse remarks in judgments against public servants. (12) If a sentence of imprisonment for a term of less than three months is awarded for the types of offences mentioned in sub-section (4) of section 354 of the Code, the reasons recorded by the Magistrates should be noticed.117765 176 shall, from time to time, renew the cash security furnished by way of 267. Security from Ministerial servants and testing of the fixed deposit till the need ceases. Such security taken could be same as to its sufficiency.− (1) The incumbents of the posts of retained for a period of at least six months from the date of Head Ministerial Officers in the Court should furnish security for a sum promotion of the person concerned or he vacating the post in that of Rs.1,000/- as cash deposit in any nationalised bank and execute an category. Only in the absence of approved breach, the security indemnity bond in favour of the Principal Judge in the City of Chennai amount shall be refunded. The Principal Judge, Chennai or the or the Principal District Judge or District Judge in the Districts, as the Principal District Judge or District Judge in the Districts, as the case case may be. The Magistrates concerned shall, however, continue to may be, shall report to the High Court, in their annual reports, that be responsible for the custody of cash and valuables. such securities have been duly examined and are found to be satisfactory. (2) The Principal Judge in the City of Chennai or the Principal District Judge or District Judge in the Districts, as the case may be, (5) During their annual inspection of the Courts, the Principal should strictly insist on the security prescribed in sub-rule (1), being Judge, Chennai or the Principal District Judge or District Judge in the furnished by the incumbents concerned within a reasonable time after Districts, as the case may be, should see whether these rules have their appointment to the post. On failure to furnish the security, the been followed and record their observations in their inspection notes. Head Ministerial Officer shall be liable for departmental action. 268. Inspection of Courts by Chief Judicial Magistrate (3) The rules contained in Chapter XII of the Tamil Nadu and Chief Metropolitan Magistrate.− (1) The Chief Judicial Financial Code, Volume I, shall mutatis mutandis apply to the security Magistrate shall inspect every year or of more often if need be, all the bond furnished under this rule, provided that the form of the security Courts of Judicial Magistrates in his district. bond shall be executed in Form No.19 of the Tamil Nadu Financial Code with such variations as the circumstances of the case require. (2) The Chief Metropolitan Magistrate shall inspect every year For the Union Territory of Puducherry, the extant Rules shall mutatis or of oftener if need be, all the Metropolitan Magistrate Courts in mutandis apply to the security bond furnished under this rule. Chennai. (4) The security bonds and the fidelity bonds furnished under (3) Reports of the inspection should be submitted to the High these rules shall be kept in the personal custody of the Chief Court by the Chief Judicial Magistrate/the Chief Metropolitan Administrative Officer in the Court of the Principal Judge in the City of Magistrate, in Administrative Form No.52, as early as possible. Chennai or Principal District Judge or District Judge in the Districts, as the case may be. The Principal Judge, Chennai or the Principal District Judge or District Judge in the Districts, as the case may be,175 117776 shall, from time to time, renew the cash security furnished by way of 267. Security from Ministerial servants and testing of the fixed deposit till the need ceases. Such security taken could be same as to its sufficiency.− (1) The incumbents of the posts of retained for a period of at least six months from the date of Head Ministerial Officers in the Court should furnish security for a sum promotion of the person concerned or he vacating the post in that of Rs.1,000/- as cash deposit in any nationalised bank and execute an category. Only in the absence of approved breach, the security indemnity bond in favour of the Principal Judge in the City of Chennai amount shall be refunded. The Principal Judge, Chennai or the or the Principal District Judge or District Judge in the Districts, as the Principal District Judge or District Judge in the Districts, as the case case may be. The Magistrates concerned shall, however, continue to may be, shall report to the High Court, in their annual reports, that be responsible for the custody of cash and valuables. such securities have been duly examined and are found to be satisfactory. (2) The Principal Judge in the City of Chennai or the Principal District Judge or District Judge in the Districts, as the case may be, (5) During their annual inspection of the Courts, the Principal should strictly insist on the security prescribed in sub-rule (1), being Judge, Chennai or the Principal District Judge or District Judge in the furnished by the incumbents concerned within a reasonable time after Districts, as the case may be, should see whether these rules have their appointment to the post. On failure to furnish the security, the been followed and record their observations in their inspection notes. Head Ministerial Officer shall be liable for departmental action. 268. Inspection of Courts by Chief Judicial Magistrate (3) The rules contained in Chapter XII of the Tamil Nadu and Chief Metropolitan Magistrate.− (1) The Chief Judicial Financial Code, Volume I, shall mutatis mutandis apply to the security Magistrate shall inspect every year or of more often if need be, all the bond furnished under this rule, provided that the form of the security Courts of Judicial Magistrates in his district. bond shall be executed in Form No.19 of the Tamil Nadu Financial Code with such variations as the circumstances of the case require. (2) The Chief Metropolitan Magistrate shall inspect every year For the Union Territory of Puducherry, the extant Rules shall mutatis or of oftener if need be, all the Metropolitan Magistrate Courts in mutandis apply to the security bond furnished under this rule. Chennai. (4) The security bonds and the fidelity bonds furnished under (3) Reports of the inspection should be submitted to the High these rules shall be kept in the personal custody of the Chief Court by the Chief Judicial Magistrate/the Chief Metropolitan Administrative Officer in the Court of the Principal Judge in the City of Magistrate, in Administrative Form No.52, as early as possible. Chennai or Principal District Judge or District Judge in the Districts, as the case may be. The Principal Judge, Chennai or the Principal District Judge or District Judge in the Districts, as the case may be,117787 269. Inspection of Courts of Executive Magistrates on judicial duty.− The Courts of Executive Magistrates on judicial duty in the districts shall be inspected by the Judicial Magistrates. They shall inspect the registers relating to property, fines and cash in such Courts within their jurisdiction once a quarter. Note.− (1) The inspection referred to above shall be conducted in the second fortnight of the month following each quarter. (2) The reports of inspection shall be submitted to the Chief Judicial Magistrate concerned; 270. Calendar Statement and Judgment to be submitted.− (1) All Metropolitan Magistrates/Judicial Magistrates shall submit a calendar statement along with a copy of the judgment in every case if the offences/any one of the offences are/is punishable with imprisonment for two years and above to the Chief Metropolitan Magistrate/Chief Judicial Magistrate within three days from the date of judgment. The calendar statement shall contain the following particulars:− 1. Calendar Case No. 2. Nature of offence (with section of law) 3. Name of the Accused 4. Caste 5. Age 6. Date of offence 7. Date of filing 8. Date of apprehension 9. Commencement of trial 10. Close of trial 11. Date of judgment 12. Verdict and sentence 13. Explanation of delay 14. Remarks178 179 (2) On receipt of such calendar and judgment, if the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be, finds errors or mistakes, if any, in the judgments, he shall enter the same in Administrative Form No.22 (Criminal Register No.22) and he may call for remarks from the Magistrate concerned and the reply of the Magistrate to the remarks shall be entered in Administrative Form No. 23 (Criminal Register No.23). (3) If, in the opinion of the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be, the error or mistake falls within the ambit of section 395 or 397 of the Code, the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be, shall submit a report along with the calendar and judgment to the Sessions Court or High Court forthwith. (4) In the absence of any urgency, no reference shall be made from the proceedings of a Magistrate in cases where an appeal is provided by law until the time allowed for appeal has expired. Where an appellate order or judgment is in existence, the reference shall be on that order and not on the order of the Court of first instance.179 180 180 CHAPTER - XXXV 273. Batta by private complainants and by accused.− In cases other than those coming under the preceding rule, the FEES FOR SERVICE OF PROCESS, complainant or the accused, as the case may be, shall deposit in BATTA TO COMPLAINANTS, WITNESSES AND ACQUITTED PERSONS AND CHARGES FOR CONVEYANCE OF PRISONERS Court, the allowances for the witnesses cited by him. The particulars of such deposits shall be maintained in Administrative Form No.26 271. Process Fees.− All processes issued by Courts in the (Criminal Register No.26). The party citing the witness shall, subject State of Tamil Nadu and the Union Territory of Puducherry shall be to the approval of the Court, fix the class in which the witness is to be charged to Court fees according to the rules framed under section 80 placed with due regard to his station in life. of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955) and the Puducherry Court Fees and Suits 274. Person taking part in identification parade Valuation Act, 1972 (Puducherry Act 6 of 1973), respectively. conducted by a Magistrate entitled to subsistence expenses.− If a person taking part in an identification parade held by a Magistrate BATTA appears before him in response to a summons issued by him or at his direction or order, he shall be paid allowances at the rates specified in 272. Cases in which the Government will pay batta.− these rules: Subject to the rules hereinafter contained, the allowances to Provided that a Magistrate may, for reason to be recorded in complainants and witnesses (whether for the prosecution or for the writing, disallow such allowances. defence) shall be paid by the Court out of the funds provided by the State Government in the following classes of cases, viz.: − 275. Advance payment.− The Court may make reasonable 1. Cases shown in the First Schedule of the Code and advance payment of allowances to witnesses summoned to give other enactments as non-bailable; evidence or produce documents. 2. Cases in which prosecution is instituted or carried on under the orders or with the sanction of the Government or of any public servant acting as such; 276. Classification of witnesses.− (1) For the purpose of these rules, witnesses shall be divided into two classes, official and 3. Cases in which the witness has been compelled to attend by a process issued under section 311 of the Code; non-official. 4. Cases in which the Court certifies that the attendance of such witness was in furtherance of the (2) Official witnesses, i.e. public servants to whom service rules interests of public justice. are applicable, summoned to give evidence in their official capacity, shall be entitled to travelling allowance at the rates prescribed by the relevant rules applicable to them for their journey to and from the118810 273. Batta by private complainants and by accused.− In cases other than those coming under the preceding rule, the complainant or the accused, as the case may be, shall deposit in Court, the allowances for the witnesses cited by him. The particulars of such deposits shall be maintained in Administrative Form No.26 (Criminal Register No.26). The party citing the witness shall, subject to the approval of the Court, fix the class in which the witness is to be placed with due regard to his station in life. 274. Person taking part in identification parade conducted by a Magistrate entitled to subsistence expenses.− If a person taking part in an identification parade held by a Magistrate appears before him in response to a summons issued by him or at his direction or order, he shall be paid allowances at the rates specified in these rules: Provided that a Magistrate may, for reason to be recorded in writing, disallow such allowances. 275. Advance payment.− The Court may make reasonable advance payment of allowances to witnesses summoned to give evidence or produce documents. 276. Classification of witnesses.− (1) For the purpose of these rules, witnesses shall be divided into two classes, official and non-official. (2) Official witnesses, i.e. public servants to whom service rules are applicable, summoned to give evidence in their official capacity, shall be entitled to travelling allowance at the rates prescribed by the relevant rules applicable to them for their journey to and from the118821 Court and for the day spent by them in attendance at the Court to give evidence in cases coming under rules 272 and 273. The Court, however, shall not make any payment to an official witness in such cases, but, shall grant him a certificate that he appeared for giving evidence in his official capacity in Judicial Form No.59. Such certificate shall also state the date on which the witness appeared and the duration of the period for which he was detained, so as to enable him to draw travelling allowance and the batta under the relevant rules. The acknowledgments for giving such certificates shall be obtained in Administrative Form No.27 (Criminal Register No.27). (3) In cases in which a public servant has to give evidence before a Court which is situated not more than 8 kilometres from his place of official work, the Court may, if it considers necessary, pay him the actual travelling expenses incurred. (4) When a public servant appears in his official capacity as a witness in a case which does not fall under rules 272 or 273, but, falls under sub-section (3) of section 243 or sub-section (3) of section 254 of the Code, the party at whose instance he is summoned, shall prepay into the Court, the travelling and halting allowance admissible to him under the relevant rules applicable to him. The amount so pre-paid shall be credited to the Government account but the Court shall give the witness a certificate containing the particulars, specified in sub-rule (2) so as to enable him to draw the travelling and halting allowance admissible under the relevant rules. (5) When a public servant appears to give evidence in any case as a private person, travelling allowance and batta may be paid to him in the ordinary manner, but, the Court shall send an advice of all181 118832 Court and for the day spent by them in attendance at the Court to such payments made to him to the head of the office in which he is give evidence in cases coming under rules 272 and 273. The Court, employed. In this advice, the amount paid as batta and the period however, shall not make any payment to an official witness in such during which the attendance of the witness in Court was necessary, cases, but, shall grant him a certificate that he appeared for giving shall be stated. evidence in his official capacity in Judicial Form No.59. Such certificate shall also state the date on which the witness appeared and (6) When an Armed Force / Para Military Force personnel the duration of the period for which he was detained, so as to enable appears in any case coming under rule 272 or 273 to give evidence in him to draw travelling allowance and the batta under the relevant his official capacity, he shall be paid the travelling allowance and batta rules. The acknowledgments for giving such certificates shall be admissible under the regulations applicable to him and shall also be obtained in Administrative Form No.27 (Criminal Register No.27). furnished with a certificate showing in detail, the amount paid. (3) In cases in which a public servant has to give evidence (7) When Engineers, Medical and Health Officers whose services before a Court which is situated not more than 8 kilometres from his are lent by the Government to the local bodies, attend the Court to place of official work, the Court may, if it considers necessary, pay give evidence in their official capacity and not either in their private him the actual travelling expenses incurred. capacity or in prosecution instituted by the local body, they shall be paid travelling allowance and batta from the State funds at the same (4) When a public servant appears in his official capacity as a rates as would be admissible to Government servants of similar witness in a case which does not fall under rules 272 or 273, but, falls grades under the Rules applicable to them. under sub-section (3) of section 243 or sub-section (3) of section 254 of the Code, the party at whose instance he is summoned, shall (8) Medical subordinates in the employment of local bodies prepay into the Court, the travelling and halting allowance admissible including Government servants lent to, and paid by, the local bodies to him under the relevant rules applicable to him. The amount so and Municipalities, when attending the Court to give evidence in their pre-paid shall be credited to the Government account but the Court official capacity, shall be paid the same rate of allowance as would be shall give the witness a certificate containing the particulars, specified admissible to the Government servants of similar grades under the in sub-rule (2) so as to enable him to draw the travelling and halting relevant rules applicable to them. allowance admissible under the relevant rules. Explanation.− For the purpose of this sub-rule, the expression “medical subordinates” include compounders, midwives, nurses, etc. (5) When a public servant appears to give evidence in any case as a private person, travelling allowance and batta may be paid to him in the ordinary manner, but, the Court shall send an advice of all118843 184 (9) Honorary Medical Officers, when attending the Court to give 280. Rail or other public transport service rate alone to evidence in their official capacity, shall be paid allowances at the rates be allowed.− Wherever it is practicable for witnesses to travel by rail admissible to the Government servants of similar grades under the within the State or by other public transport service within the State, relevant rules applicable to them. they shall be allowed not more than the rate prescribed for those modes of conveyances. Where the witnesses are to travel from 277. Non-official witness.− Travelling allowance and batta outside the State, they shall be paid the actuals spent for travel by payable to non-official witness shall be determined by the Court with any mode. due regard to the station in life of the witness and paid. 281. Daily allowance.− Daily allowance may be paid for the 278. Rates of payment.− Rates of travelling allowance and days spent for travelling to the Court and for the return journey. The daily allowance payable to witnesses may be on the rates fixed by the daily allowance will cease as soon after the conclusion of the enquiry Government under the Travelling Allowance Rules as nearly as or trial, as the means of quitting the place becomes available. possible. 282. Disallowance of expenses of witnesses.− It shall be 279. Expert witnesses.− (1) Fees for the services and competent for the Court, before which a complainant or witness expenses of expert witnesses from the Finger Print Bureau shall be (whether for the prosecution or defence) appears, to disallow credited to the State Government, except the travelling allowance payment of any expenses by the State, if for any cause to be which shall be paid to the experts. recorded, the Court thinks fit to do so. (2) The teachers of the deaf and dumb schools shall be treated 283. Travelling allowance to be paid by Government on as expert witnesses in the matters of interpreting the deaf and dumb production of certificate of attendance in Court.− (1) In a in Court. They shall be paid the same rates of fees as are payable to criminal case to which the State is a party, a Government servant other experts. giving evidence regarding the facts of which he has official knowledge shall, on production of a certificate of attendance issued by the (3) Expert or scientific witnesses shall be paid such fee of not summoning Court, be paid travelling allowance by the Government less than Rs.500/- and the maximum amount payable shall be under whom he is serving. determined by the Presiding Officer on the facts and circumstances of the case. These witnesses shall also be entitled to the allowances (2) In a criminal case to which the State is not a party, a prescribed for the ordinary witnesses of their class. Government servant giving evidence regarding facts of which he has183 118854 (9) Honorary Medical Officers, when attending the Court to give 280. Rail or other public transport service rate alone to evidence in their official capacity, shall be paid allowances at the rates be allowed.− Wherever it is practicable for witnesses to travel by rail admissible to the Government servants of similar grades under the within the State or by other public transport service within the State, relevant rules applicable to them. they shall be allowed not more than the rate prescribed for those modes of conveyances. Where the witnesses are to travel from 277. Non-official witness.− Travelling allowance and batta outside the State, they shall be paid the actuals spent for travel by payable to non-official witness shall be determined by the Court with any mode. due regard to the station in life of the witness and paid. 281. Daily allowance.− Daily allowance may be paid for the 278. Rates of payment.− Rates of travelling allowance and days spent for travelling to the Court and for the return journey. The daily allowance payable to witnesses may be on the rates fixed by the daily allowance will cease as soon after the conclusion of the enquiry Government under the Travelling Allowance Rules as nearly as or trial, as the means of quitting the place becomes available. possible. 282. Disallowance of expenses of witnesses.− It shall be 279. Expert witnesses.− (1) Fees for the services and competent for the Court, before which a complainant or witness expenses of expert witnesses from the Finger Print Bureau shall be (whether for the prosecution or defence) appears, to disallow credited to the State Government, except the travelling allowance payment of any expenses by the State, if for any cause to be which shall be paid to the experts. recorded, the Court thinks fit to do so. (2) The teachers of the deaf and dumb schools shall be treated 283. Travelling allowance to be paid by Government on as expert witnesses in the matters of interpreting the deaf and dumb production of certificate of attendance in Court.− (1) In a in Court. They shall be paid the same rates of fees as are payable to criminal case to which the State is a party, a Government servant other experts. giving evidence regarding the facts of which he has official knowledge shall, on production of a certificate of attendance issued by the (3) Expert or scientific witnesses shall be paid such fee of not summoning Court, be paid travelling allowance by the Government less than Rs.500/- and the maximum amount payable shall be under whom he is serving. determined by the Presiding Officer on the facts and circumstances of the case. These witnesses shall also be entitled to the allowances (2) In a criminal case to which the State is not a party, a prescribed for the ordinary witnesses of their class. Government servant giving evidence regarding facts of which he has118865 186 official knowledge shall, on production of a certificate duly signed by (i) who is acquitted or discharged and released from custody or the Controlling Officer showing the rates of travelling and daily who having been arrested under section 390 of the Code and is allowances admissible to him for a journey on tour, be paid by the subsequently released; and summoning Court, the travelling and daily allowances admissible to (ii) who is released under section 360 of the Code or under the him according to the rates shown in the certificate. Probation of Offenders Act, 1958 (Central Act 20 of 1958): Provided that no batta and travelling allowance shall be paid to 284. Scrutiny of bills.− All bills for travelling allowance and any person who resides within five kilometres from the place at which batta to complainants and witnesses attending the Court of Magistrate he is released from custody or who is possessed of sufficient means shall, after payments have been made by such Courts, be scrutinised to make his return journey. by the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be, within whose jurisdiction such Courts are situated, before the charges included in them are finally passed to the Accounts Department for adjustment. 285. No travelling allowance when complaint is dismissed under section 250 of the Code.− In a case where a Magistrate decides to proceed under section 250 of the Code, no travelling allowance or batta shall be paid to the complainant. 286. Carriage expenses.− The Court may, in the case of witnesses who, by reason of sickness, old age or other physical disability, are unable to travel by public conveyance, pay the expense actually incurred by them on private conveyance. 287. Batta to acquitted prisoners.− For the purpose of enabling an acquitted prisoner to return to his place of residence, the Court may pay batta and travelling expenses at the rates prescribed for witnesses to the person,−185 118876 official knowledge shall, on production of a certificate duly signed by (i) who is acquitted or discharged and released from custody or the Controlling Officer showing the rates of travelling and daily who having been arrested under section 390 of the Code and is allowances admissible to him for a journey on tour, be paid by the subsequently released; and summoning Court, the travelling and daily allowances admissible to (ii) who is released under section 360 of the Code or under the him according to the rates shown in the certificate. Probation of Offenders Act, 1958 (Central Act 20 of 1958): Provided that no batta and travelling allowance shall be paid to 284. Scrutiny of bills.− All bills for travelling allowance and any person who resides within five kilometres from the place at which batta to complainants and witnesses attending the Court of Magistrate he is released from custody or who is possessed of sufficient means shall, after payments have been made by such Courts, be scrutinised to make his return journey. by the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be, within whose jurisdiction such Courts are situated, before the charges included in them are finally passed to the Accounts Department for adjustment. 285. No travelling allowance when complaint is dismissed under section 250 of the Code.− In a case where a Magistrate decides to proceed under section 250 of the Code, no travelling allowance or batta shall be paid to the complainant. 286. Carriage expenses.− The Court may, in the case of witnesses who, by reason of sickness, old age or other physical disability, are unable to travel by public conveyance, pay the expense actually incurred by them on private conveyance. 287. Batta to acquitted prisoners.− For the purpose of enabling an acquitted prisoner to return to his place of residence, the Court may pay batta and travelling expenses at the rates prescribed for witnesses to the person,−188 187 188 CHAPTER - XXXVI 293. Documents filed under sub-section (2) of section 294 of the Code.− Where any document is filed before any Court by MISCELLANEOUS the prosecution or defence, the particulars of every such document 288. Dress Code of Advocate Clerks.− The Clerks of the shall be listed as per sub-section (2) of section 294 of the Code in advocates in all Courts shall wear black coat and display their identity Judicial Form No.78, as prescribed by the State Government. This cards whenever they enter into the Court hall and to the Registry. shall apply to the Courts in the Union Territory of Puducherry also. 289. Receipt of documents.− Any document like statement under section 161 of the Code, etc. forwarded by the investigating 294. Questioning under section 313 of the Code.− The agency shall bear the seal of the Court and the date of its receipt. Judge/Magistrate shall frame the questions under section 313 of the Code with care and precision. The way of questioning the accused is to put to him, one by one, all the vital points in the evidence against 290. Furnishing copies to the accused.− It is not necessary him in simple, short and easily intelligible sentences and to ask him if for the Court to insist upon the presence of all the accused for the he wishes to say anything in regard to them, by way of explanation. purpose of furnishing copies under sections 207 and 208 of the Code. The Court may furnish such copies to the available accused under due acknowledgement. 295. Compounding of offences.− (1) The Court may invite the parties to resort to compounding of the offence in deserving 291. Questioning of the accused.− After furnishing copies of cases, as per section 320 of the Code. relied upon documents under section 207 of the Code, the accused shall be questioned after a day's interval so that the accused may contact his advocate or friends for proper arrangement of his defence. (2) Joint memorandum with supporting affidavits signed by the aggrieved person/persons and accused shall be filed along with 292. Trial of Prevention of Corruption Act cases.− The the petition for compounding of the offence under section 320 of the Presiding Officers of the Courts constituted under the Prevention of Code. Corruption Act, 1988 (Central Act 49 of 1988) shall allot at least minimum three continuous days to a particular case and issue (3) While permitting compounding of the offence, it is not summons to the witnesses on those three days, so that independent necessary for the Court to examine the investigating officer. witnesses can be examined simultaneously and the trial in a particular However, the Court may direct the presence of the investigating case could be completed early.188 189 293. Documents filed under sub-section (2) of section 294 of the Code.− Where any document is filed before any Court by the prosecution or defence, the particulars of every such document shall be listed as per sub-section (2) of section 294 of the Code in Judicial Form No.78, as prescribed by the State Government. This shall apply to the Courts in the Union Territory of Puducherry also. 294. Questioning under section 313 of the Code.− The Judge/Magistrate shall frame the questions under section 313 of the Code with care and precision. The way of questioning the accused is to put to him, one by one, all the vital points in the evidence against him in simple, short and easily intelligible sentences and to ask him if he wishes to say anything in regard to them, by way of explanation. 295. Compounding of offences.− (1) The Court may invite the parties to resort to compounding of the offence in deserving cases, as per section 320 of the Code. (2) Joint memorandum with supporting affidavits signed by the aggrieved person/persons and accused shall be filed along with the petition for compounding of the offence under section 320 of the Code. (3) While permitting compounding of the offence, it is not necessary for the Court to examine the investigating officer. However, the Court may direct the presence of the investigating118909 190 officer in cases where his presence is required for identifying the (3) Similar notes shall also be made in columns 26 and parties. 35 of the "Register of Results of Inquiries and Trials" in Administrative Form No.7 (Criminal Register No.7) and the "Register of Punishments" in Administrative Form No.8 (Criminal 296. Compliance of High Court’s directions.− Whenever Register No.8) respectively under the heading "Remarks" and any direction is given by the High Court, the subordinate Court the fresh disposal noted under the above columns against the concerned shall,− previous entries as soon as the cases are disposed of on re-trial. (a) dispose of the proceeding pending on their file within the time specified in the order of the High Court and (4) Re-trial cases shall be treated as fresh institution (on report the fact to the High Court immediately after disposing remand) and fresh disposal (on disposal) for the purpose of of the proceeding concerned; or statistics. (b) make a request to the High Court for extension of time for carrying out the directions, well in advance of the 298. Records movement register.− A register in date specified in the order of the High Court, stating the Administrative Form No.64 shall be maintained in all the subordinate reasons therefor and the further time required, if for any Courts for movement of records among the Bench Clerk and Steno reason, the subordinate Court concerned is not able to Typist and other members of the staff, before consignment of the comply with the order of the High Court within the time same to the Record Room in order to fix the responsibility on the specified. concerned for loss of records. 297. Procedure when re-trial ordered.− (1) When criminal 299. Register for stayed cases.− All the subordinate Courts cases are remanded for re-trial, they shall be restored to their shall maintain a separate Register in Administrative Form No.63 in original numbers and not assigned new numbers. respect of cases in which trial has been stayed by any appellate Court and the same shall be maintained by the Head Ministerial Officer of (2) For the purpose of accounting of remand cases in the the Court concerned, to keep a watch on the further course of action "Register of Calendar cases received" in Administrative Form No. 4 to be taken by the respective Courts. (Criminal Register No.4), a note shall be made in column 9 of the said Register under the heading "Results" indicating the fact of re-trial 300. Judicial Forms.− The following Judicial Forms (which are ordered and fresh disposal noted against that entry as soon as the not covered in the foregoing Rules) shall be used for the purposes cases are disposed of on re-trial. mentioned against them:−189 119910 officer in cases where his presence is required for identifying the (3) Similar notes shall also be made in columns 26 and parties. 35 of the "Register of Results of Inquiries and Trials" in Administrative Form No.7 (Criminal Register No.7) and the "Register of Punishments" in Administrative Form No.8 (Criminal 296. Compliance of High Court’s directions.− Whenever Register No.8) respectively under the heading "Remarks" and any direction is given by the High Court, the subordinate Court the fresh disposal noted under the above columns against the concerned shall,− previous entries as soon as the cases are disposed of on re-trial. (a) dispose of the proceeding pending on their file within the time specified in the order of the High Court and (4) Re-trial cases shall be treated as fresh institution (on report the fact to the High Court immediately after disposing remand) and fresh disposal (on disposal) for the purpose of of the proceeding concerned; or statistics. (b) make a request to the High Court for extension of time for carrying out the directions, well in advance of the 298. Records movement register.− A register in date specified in the order of the High Court, stating the Administrative Form No.64 shall be maintained in all the subordinate reasons therefor and the further time required, if for any Courts for movement of records among the Bench Clerk and Steno reason, the subordinate Court concerned is not able to Typist and other members of the staff, before consignment of the comply with the order of the High Court within the time same to the Record Room in order to fix the responsibility on the specified. concerned for loss of records. 297. Procedure when re-trial ordered.− (1) When criminal 299. Register for stayed cases.− All the subordinate Courts cases are remanded for re-trial, they shall be restored to their shall maintain a separate Register in Administrative Form No.63 in original numbers and not assigned new numbers. respect of cases in which trial has been stayed by any appellate Court and the same shall be maintained by the Head Ministerial Officer of (2) For the purpose of accounting of remand cases in the the Court concerned, to keep a watch on the further course of action "Register of Calendar cases received" in Administrative Form No. 4 to be taken by the respective Courts. (Criminal Register No.4), a note shall be made in column 9 of the said Register under the heading "Results" indicating the fact of re-trial 300. Judicial Forms.− The following Judicial Forms (which are ordered and fresh disposal noted against that entry as soon as the not covered in the foregoing Rules) shall be used for the purposes cases are disposed of on re-trial. mentioned against them:−192 191 Judicial Form Purpose for which the Judicial Form is to be used No. 1 To place the in-charge officer during the absence of the Chief Judicial Magistrate under section 12 of the Code. 3 To bring up a witness after service of summons under section 87(b) of the Code. 6 For issuing notice under section 122 of the Code. 7 For issuing warrant of imprisonment on failure to pay maintenance under section 125 of the Code. 9 For appointment of a receiver under sub-section (2) of section 146 of the Code. 17 For issuing notice under sections 195 and 340, 341 & 343 of the Code. 18 For issuing notice to complainant under section 200 of the Code. 19 For issuing warrant of commitment of a person charged with an offence. 20 For recording plea of the accused under sections 229 and 230 of the Code. 22 For issuing warrant of commitment on a sentence of imprisonment or fine or both, in pursuance of an order passed on appeal under sections 255, 248 and 386 of the Code. 23 For examination of the accused. 24 For issuing order for detention in custody of Approvers under section 306 of the Code. 26 For issuing warrant to the accused under section 322 of the Code when the case is stayed by the Magistrate. 27 For issuing warrant of commitment under section 345 of the Code in cases of contempt. 28 For issuing warrant of commitment of witness under section 349 of the Code when he refuses to answer or produce a document or thing. 30 For getting bond for probation of good conduct under section 360 of the Code.192 193 191 Judicial Form Purpose for which the Judicial Form is to be used Judicial No. Form Purpose for which the Judicial Form is to be used No. 31 For issuing order of dismissal of appeal under section 384 of the Code. 1 To place the in-charge officer during the absence of the Chief Judicial Magistrate under section 12 of the Code. 35 For issuing an order confirming a sentence under section 386 of the Code. 3 To bring up a witness after service of summons under section 87(b) of the Code. 38 For issuing warrant of release of a prisoner under section 386 of the Code. 6 For issuing notice under section 122 of the Code. 43 For issuing notice of revision petition under section 7 For issuing warrant of imprisonment on failure to pay 403 of the Code. maintenance under section 125 of the Code. 44 For issuing notice of application for transfer under 9 For appointment of a receiver under sub-section (2) of sections 408 to 412 of the Code. section 146 of the Code. 47 For issuing warrant of commitment of the surety of an 17 For issuing notice under sections 195 and 340, 341 & accused admitted to bail under section 446 of the 343 of the Code. Code. 18 For issuing notice to complainant under section 200 of 48 For issuing warrant of imprisonment on breach of a the Code. bond to keep peace or to be of good behaviour or to 19 For issuing warrant of commitment of a person appear before a Court under section 446 of the Code. charged with an offence. 49 For issuing warrant of imprisonment on forfeiture of 20 For recording plea of the accused under sections 229 bond for good behaviour or to keep peace under and 230 of the Code. section 446 of the Code. 22 For issuing warrant of commitment on a sentence of 50 For getting bond for return of property under sections imprisonment or fine or both, in pursuance of an order 451 and 452 of the Code. passed on appeal under sections 255, 248 and 386 of 51 For issuing notice to a party for getting back the the Code. properties under section 452 of the Code. 23 For examination of the accused. 52 For issuing proclamation in respect of unclaimed 24 For issuing order for detention in custody of Approvers properties under section 457 of the Code. under section 306 of the Code. 54 For issuing order of detention of adolescent offender in 26 For issuing warrant to the accused under section 322 Borstal Schools. of the Code when the case is stayed by the Magistrate. 66 For issuing warrant of commitment under sentence of 27 For issuing warrant of commitment under section 345 death. of the Code in cases of contempt. 67 For issuing subpoena to witness (on commission). 28 For issuing warrant of commitment of witness under 69 For issuing certificate under section 5 of the Press and section 349 of the Code when he refuses to answer or Registration of Books Act, 1867 (Central Act 25 of produce a document or thing. 1867) 30 For getting bond for probation of good conduct under section 360 of the Code.193 194 194 301. Administrative Forms.− The following Administrative Admn. Form Description Forms in the form of Criminal Registers (which are not covered in the No. foregoing Rules) shall be maintained as described against them:− 50 Receipt to be granted by Magistrate Courts. 51 Receipt for sending valuable properties for disposal. Admn. 53 Pay Order Book for Metropolitan Magistrate Courts. Form Description 55 Disbursing Officer's statement of expenses in No. Metropolitan Magistrate Courts. 6 Register of Applications under section 138 of the 57 Daily Cash Book of Accountant in Metropolitan Railways Act, 1989 (Central Act 24 of 1989) Magistrate Courts. 9 Register of enforcement of sentence of imprisonment 58 Monthly Cash Book of Receipts and Payments in awarded. Metropolitan Magistrate Courts. 10 Register of Appeal Cases disposed of. 59 Register of recognized clerks of advocates. 11 Register of Revision Cases disposed of. 61 Register of papers despatched. 16 Fair Copy Register. 20 Register of unclaimed properties. 302. Except register of copy applications, cash book, fair copy 21 Register of calendars received by Sessions Courts and register, monthly cash book, disbursing officer's statement of Chief Judicial Magistrates' Courts. expenses, daily cash balance register, daily cash book of the 29 Cash Book. 32 Register of Summary Trials. Accountant, monthly cash book of receipts and payments and Court 34 Register of fines in respect of which payments are deposit register, no special forms have been prescribed under these payable to local body. Rules for maintenance of the registers referred to in Questionnaire 45 37 Working sheets for fine recovery. of Administrative Form No.52, as these registers have been 40 Statement of pending cases. maintained since the constitution of the Court system in the Madras 41 Sessions Statement to be submitted by the committing Magistrates to the Chief Judicial Magistrates. Presidency. 42 Statement showing trial of Sessions Cases. 43 Sessions Statement submitted to the High Court. 303. Forms prescribed by these rules shall be used by the 47 Calendar of criminal cases. Courts in the State of Tamil Nadu and Union Territory of Puducherry 48 List of calendars despatched to the Sessions Court by for the respective purposes therein mentioned, with such variations, the Chief Judicial Magistrates. as the particular circumstances of each case may require.193 194 195 301. Administrative Forms.− The following Administrative Admn. Form Description Forms in the form of Criminal Registers (which are not covered in the No. foregoing Rules) shall be maintained as described against them:− 50 Receipt to be granted by Magistrate Courts. 51 Receipt for sending valuable properties for disposal. Admn. 53 Pay Order Book for Metropolitan Magistrate Courts. Form Description 55 Disbursing Officer's statement of expenses in No. Metropolitan Magistrate Courts. 6 Register of Applications under section 138 of the 57 Daily Cash Book of Accountant in Metropolitan Railways Act, 1989 (Central Act 24 of 1989) Magistrate Courts. 9 Register of enforcement of sentence of imprisonment 58 Monthly Cash Book of Receipts and Payments in awarded. Metropolitan Magistrate Courts. 10 Register of Appeal Cases disposed of. 59 Register of recognized clerks of advocates. 11 Register of Revision Cases disposed of. 61 Register of papers despatched. 16 Fair Copy Register. 20 Register of unclaimed properties. 302. Except register of copy applications, cash book, fair copy 21 Register of calendars received by Sessions Courts and register, monthly cash book, disbursing officer's statement of Chief Judicial Magistrates' Courts. expenses, daily cash balance register, daily cash book of the 29 Cash Book. 32 Register of Summary Trials. Accountant, monthly cash book of receipts and payments and Court 34 Register of fines in respect of which payments are deposit register, no special forms have been prescribed under these payable to local body. Rules for maintenance of the registers referred to in Questionnaire 45 37 Working sheets for fine recovery. of Administrative Form No.52, as these registers have been 40 Statement of pending cases. maintained since the constitution of the Court system in the Madras 41 Sessions Statement to be submitted by the committing Magistrates to the Chief Judicial Magistrates. Presidency. 42 Statement showing trial of Sessions Cases. 43 Sessions Statement submitted to the High Court. 303. Forms prescribed by these rules shall be used by the 47 Calendar of criminal cases. Courts in the State of Tamil Nadu and Union Territory of Puducherry 48 List of calendars despatched to the Sessions Court by for the respective purposes therein mentioned, with such variations, the Chief Judicial Magistrates. as the particular circumstances of each case may require.196 APPENDIX Judicial Form No. 1 (See Rule 300) PROCEEDINGS OF THE CHIEF JUDICIAL MAGISTRATE OF…………………. (Section 12, Cr.P.C.) Dated the …. day of …............... 20……. Under section 12 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the Chief Judicial Magistrate of .................... hereby defines the local area within which Sri.............................. appointed to be a Magistrate for the district of …..............., and may exercise the powers with which he has been invested by the State Government and the Chief Judicial Magistrate of …................. to be as follows:- Chief Judicial Magistrate Copy to— (1) The Officer concerned (2) The District Superintendent of Police …...............197 APPENDIX Judicial Form No.2 [See Rule 29(18)] Judicial Form No. 1 LETTER OF REQUEST FOR THE APPEARANCE OF THE PRESIDING (See Rule 300) OFFICER OF PARLIAMENT OR OF STATE LEGISLATURE OR THE PROCEEDINGS OF THE CHIEF JUDICIAL MAGISTRATE OF…………………. CHAIRMAN OF A COMMITTEE THERETO AS A WITNESS (Section 12, Cr.P.C.) From Dated the …. day of …............... 20……. Under section 12 of the Code of Criminal Procedure, 1973 (Central Act 2 of To 1974), the Chief Judicial Magistrate of .................... hereby defines the local area The Speaker of the House of the People within which Sri.............................. appointed to be a Magistrate for the district of The Chairman of Council of States, Parliament House, New Delhi The Speaker of the Legislative Assembly …..............., and may exercise the powers with which he has been invested by the The President of the Legislative Council of …......... State Government and the Chief Judicial Magistrate of …................. to be as The Chairman of …................................ follows:- (Cause title) In the above proceeding, the complainant/accused proposes to examine you as a witness. I have to request you to be so good as to appear in my court at 11 a.m. on …... Chief Judicial Magistrate Dated: Copy to— (1) The Officer concerned Yours faithfully, (2) The District Superintendent of Police …............... (Designation)198 Judicial Form No.3 Judicial Form No.4 (See Rule 300) [See Rule 245] LETTER OF REQUEST FOR PRODUCTION OF RECORDS IN THE CUSTODY OF A HOUSE OF PARLIAMENT OR OF A LEGISLATURE OF A STATE WARRANT TO BRING UP A WITNESS AFTER SERVICE OF SUMMONS (Section 87(b) Cr.P.C.) From To ….......... ….......... ….......... ….......... To Whereas complaint has been made before me that …......... has or is suspected The Speaker of the House of the People/ to have committed the offence of …........... and whereas it is proved that the The Chairman of the Council of States Parliament House summons issued to ….............. who, it appears, likely can give evidence concerning New Delhi the said complaint, has been duly served in time to admit of his appearing in The Speaker of the Legislative Assembly of ........ The President of the Legislative Council of ......... accordance therewith but that he has filed so to appear without offering a reasonable (Cause title) excuse for such failure; Sir, (Where mere production of document is required):- In the above proceeding, the This is to authorize and require you to arrest the said complainant/accused proposes to rely upon the documents specified in the Annexure, which are in the custody of the House of the People/The Council of States/Legislative Assembly/Legislative ………………… and on the ….. day of …........ 20...., to bring him before this Court Council. I have to request you to move the House if you have no objection, to grant leave for the production of documents in my court and, if such leave is granted, to arrange to send the to be examined touching the offence complained of. documents/certified copies of the documents so as to reach me on or before …............. by Given under my hand and the seal of the Court, this …. day of …...........20.... Registered Post with Acknowledgment Due or through an officer in the Secretariat of the House. (Where oral evidence of an officer in the Secretariat of the House is required) in the above proceedings, the complainant/accused proposes to examine . . . . . an officer in the Secretariat of the House of the People/the Council of States/Legislative Assembly/Legislative Council (or any duly Seal informed officer in the Secretariat of the House) as a witness in regard to matters specified in the Annexure. I have to request you to move the House, if you have no objection to grant leave for the Magistrate. examination of the said officer in my court at 11 a.m. on . . . . ….... If the said …............ shall give bail himself in the sum of Rs. ….... with one Date: surety/two sureties each in the sum of Rs. …........ to attend before me on the …… Yours faithfully, day of …….. 20.., and to continue so to attend until otherwise directed by me , he ANNEXURE: 1 . . . . . . may be released. 2 . . . . . . Dated this … day of …… 20.. . Magistrate.199 Judicial Form No.3 Judicial Form No.4 (See Rule 300) [See Rule 245] LETTER OF REQUEST FOR PRODUCTION OF RECORDS IN THE CUSTODY OF A HOUSE OF PARLIAMENT OR OF A LEGISLATURE OF A STATE WARRANT TO BRING UP A WITNESS AFTER SERVICE OF SUMMONS (Section 87(b) Cr.P.C.) From To ….......... ….......... ….......... ….......... To Whereas complaint has been made before me that …......... has or is suspected The Speaker of the House of the People/ to have committed the offence of …........... and whereas it is proved that the The Chairman of the Council of States Parliament House summons issued to ….............. who, it appears, likely can give evidence concerning New Delhi the said complaint, has been duly served in time to admit of his appearing in The Speaker of the Legislative Assembly of ........ The President of the Legislative Council of ......... accordance therewith but that he has filed so to appear without offering a reasonable (Cause title) excuse for such failure; Sir, (Where mere production of document is required):- In the above proceeding, the This is to authorize and require you to arrest the said complainant/accused proposes to rely upon the documents specified in the Annexure, which are in the custody of the House of the People/The Council of States/Legislative Assembly/Legislative ………………… and on the ….. day of …........ 20...., to bring him before this Court Council. I have to request you to move the House if you have no objection, to grant leave for the production of documents in my court and, if such leave is granted, to arrange to send the to be examined touching the offence complained of. documents/certified copies of the documents so as to reach me on or before …............. by Given under my hand and the seal of the Court, this …. day of …...........20.... Registered Post with Acknowledgment Due or through an officer in the Secretariat of the House. (Where oral evidence of an officer in the Secretariat of the House is required) in the above proceedings, the complainant/accused proposes to examine . . . . . an officer in the Secretariat of the House of the People/the Council of States/Legislative Assembly/Legislative Council (or any duly Seal informed officer in the Secretariat of the House) as a witness in regard to matters specified in the Annexure. I have to request you to move the House, if you have no objection to grant leave for the Magistrate. examination of the said officer in my court at 11 a.m. on . . . . ….... If the said …............ shall give bail himself in the sum of Rs. ….... with one Date: surety/two sureties each in the sum of Rs. …........ to attend before me on the …… Yours faithfully, day of …….. 20.., and to continue so to attend until otherwise directed by me , he ANNEXURE: 1 . . . . . . may be released. 2 . . . . . . Dated this … day of …… 20.. . Magistrate.200 Judicial Form No. 5 (See Rule 242) SUMMONS TO PRODUCE (Section 91, Cr.P.C.) IN THE COURT OF THE ……………….MAGISTRATE OF ………… Case No. ……..of 20…. Complainant vs. Accused To ……… of …………… Whereas a complaint has been made before this Court that the accused has (or is suspected to have) committed the offence of ….......... and it has been made to appear to this Court that the production of the under-mentioned documents/things now in your possession or power is necessary/desirable for the purposes of the ………… before this Court, you are hereby summoned to attend and produce (or cause to be produced) the said documents/things before this Court at 11 a.m. on the …... day of …........20 . Given under my hand and the seal of this Court, this ….. day of …. 20. Magistrate Seal Particulars of documents/things201 Judicial Form No. 5 Judicial Form No. 6 (See Rule 242) (See Rule 300) SUMMONS TO PRODUCE NOTICE (Section 91, Cr.P.C.) (Section 122, Cr.P.C.) IN THE COURT OF THE ……………….MAGISTRATE OF ………… IN THE COURT OF SESSION, …..............DIVISION Case No. ……..of 20…. Criminal Miscellaneous Case No. …......... of 20 ….. Complainant To vs. ………. Accused Through the ….................Magistrate of ….................. To Take notice that Miscellaneous Case No........of 20......, on the file of the ……… of …………… …......................Magistrate of ….............in which you are one of the accused has been laid before this Court for orders under section 122 of the Code of Criminal Procedure, Whereas a complaint has been made before this Court that the accused has (or 1973(Central Act 2 of 1974) and will be heard in the Sessions Court at ….............. is suspected to have) committed the offence of ….......... and it has been made to on …..........at 11 a.m. appear to this Court that the production of the under-mentioned documents/things now in your possession or power is necessary/desirable for the purposes of the ………… before this Court, you are hereby summoned to attend and produce (or cause to be produced) the said documents/things before this Court at 11 a.m. on the Given under my hand and the seal of the Court, this …. day of …... 20.... …... day of …........20 . Given under my hand and the seal of this Court, this ….. day of …. 20. Seal Sessions Judge Magistrate Seal Particulars of documents/things202 Judicial Form No. 7 (See Rule 300) WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE. (Sections 125 and 126 , Cr.P.C.) IN THE COURT OF THE …………….MAGISTRATE OF………….. Miscellaneous Case No……….of 20…. . To The Superintendent /Officer-in-charge of the ………. Prison at …………. Whereas ……………. has been proved before me to be possessed of sufficient means to maintain his wife and / or child that is by reason of unable to maintain itself and to have ….. neglected/refused to do so, and as an order has been duly made requiring the said………………….to allow his said wife/child for maintenance the monthly sum of Rupees …………………; and whereas it has been further proved that the said……………………………in wilful disregard of the said order, has failed to pay Rupees ………. being the amount of the allowance for the month/months of ……… and thereupon, an order was made adjudging him to undergo simple / rigorous imprisonment in the said prison for the period of ……………. This is to authorize and require you, the said Superintendent/Officer to receive the said.........................into your custody in the said prison together with this warrant and thereto carry the said order into execution according to law, returning this warrant with an endorsement certifying the manner of its execution. Given under my hand and the seal of the Court, this …. day of ….. 20... Release on bail by Court 1. Order Number and date. 2. Date of actual release 3. Date of re-arrest Seal Magistrate203 Judicial Form No. 7 Descriptive roll. (See Rule 300) Name. Father’s name. WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE. Sex, married or single. (Sections 125 and 126 , Cr.P.C.) Race, Religion and Caste. Previous occupation. IN THE COURT OF THE …………….MAGISTRATE OF………….. Age, Miscellaneous Case No……….of 20…. . Descriptive marks. *Diet- To (a) the diet to which the prisoner was accustomed according to his own The Superintendent /Officer-in-charge of the ………. Prison at …………. statement ………………………… (b) the diet recommended by the Magistrate………………….. Whereas ……………. has been proved before me to be possessed of (c) brief reasons if rice or wheat is recommended……………………….. sufficient means to maintain his wife and / or child that is by reason of unable to maintain itself and to have ….. neglected/refused to do so, and as an order has been The distance from the prisoner’s residence to the nearest railway station / Prison duly made requiring the said………………….to allow his said wife/child for is ….... kms. maintenance the monthly sum of Rupees …………………; and whereas it has been further proved that the said……………………………in wilful disregard of the said The distance (a) by bus from the nearest railway station/prison to the bus stand order, has failed to pay Rupees ………. being the amount of the allowance for the nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the month/months of ……… and thereupon, an order was made adjudging him to undergo prisoner’s residence to his residence is ………kms. simple / rigorous imprisonment in the said prison for the period of ……………. The amount of bus fare under (a) above is Rs……… This is to authorize and require you, the said Superintendent/Officer to receive the said.........................into your custody in the said prison together with this warrant Details of the property on the person of the prisoner. and thereto carry the said order into execution according to law, returning this warrant Magistrate. with an endorsement certifying the manner of its execution. Prison. I hereby certify that the sentence Date of admission to prison. passed on the prisoner and named Given under my hand and the seal of the Court, this …. day of ….. 20... Number. in the warrant has been executed Release on bail by Court Name. according to law and that he has this Sentence. day been released from custody on + 1. Order Number and date. Date of sentence. or 2. Date of actual release Date of release. having earned ….. days remission. 3. Date of re-arrest Release on bail or escape and ………. Prison. Re-admission may be noted below. Seal Dated…….20… Superintendent. Note.- In filling up the particulars under the head “5. Previous occupation” in respect Magistrate of females, Court shall use the same classes of previous occupation as are adopted for males. +Appeal/Expiry of sentence/bail204 Judicial Form No. 8 [See Rule 29(19)] Order requiring parties to put in written statements of their claims (S.145(1), Cr.P.C.) In the Court of the …............... Magistrate of ….............. Miscellaneous Case No.......... of 20.... To Whereas, it has been made to appear to me and I am satisfied for the reasons set out below that a dispute likely to cause a breach of the peace exists concerning …... situate within the local limits of my jurisdiction. . . . . . . . I do hereby require you to attend at my Court in person or by advocate within …...... days from the receipt of this notice and put in written statement of your claim as respects the fact of actual possession of the property aforesaid. Reasons: Given under my hand and the seal of the Court, this ..... day of ….........20...... (Seal) Magistrate205 Judicial Form No. 9 (See Rule 300) APPOINTMENT OF A RECEIVER [Section 146 (2) Cr.P.C.] IN THE COURT OF THE …................... MAGISTRATE OF ………………. To ……………. Whereas ….................................................has been attached, ………………. you are hereby (subject to your giving security to the satisfaction of the Court) appointed Receiver of the said property under sub-section (2) of section 146 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974): You are required to render a due and proper account of your receipts and disbursements in respect of the said property on ……………………. Given under my hand and seal of the Court this.... day of …....20... Seal Magistrate206 0l.oN mroFlaiciduJ ])5(82 eluR eeS[ 0l.oN mroFlaiciduJ stnialpmoC fo retsigeR ])5(82 eluR eeS[ C.P.rC 002 .s/U sgnideecorP C.P.rC )3(651 .s/U sgnideecorP stnialpmoC fo retsigeR ,yna fi ,RIF sralucitraP C.P.rC 002 .s/U sgnideecorP C.P.rC )3(651 .ns/oU d segrneitdseiegceorrP eht tuoba eht ,mohW oT skrameR na mohW oT fo etaD eht eht fo tluseR fo tpieceR fo etaD yriuqne fo noitanimaxe fi ,srednimeR fo tpieceR tn,yinaalp fmi ,oRCIF saw tnialpmoc tpieceR fo etaD skras mg en Rideec eo hr tP fo tlut C sr eo .P Rp .re CR f o2y 0r tpi 2u i e.q s cn / eU RE fo e. ts Ca/U D.P .d rCe nr a e 2 ymd 0 rr i2o uo h qW ne ot Tn sa e en h sfi sota es l nder np ha on tml it iau t w t aoc u nCi ot ir mba a aP xh et si rw a f l it u ,n sc re i ets r d , ay npn ima eR y t fb r of u oR to p eI C itF ea cD eR dne 6 to nd 5 d ir 1 aea e lr . pw h se m/ttr Uso oig Cfer h se ah cd wtte a ,d tm p n .r s oo ia i a Nh dw lW p r h mo t o if owT c tpt in ee ci ma eRl ap nm fo h o etC ti aw Dfo .oN.S 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ohw ,ytirohtua noissimhsntaiwrT truoc sgnideecorP foedaraP desuccA .oN noitacifitnedI fo laitinI ]srkerganmeesRseM eht reciffO fo tcudnoc fo sralucitraP etad htiw .P.M.rC / .oN eht edam etartsigaM yna fi sdroceR. ofNo .silDanoitcidsiruJ ot dehsinruf DI tseT ssentiW fo sralucitraP fo sgnideecorP .oN emirC rof tseuqeedrara.PoN.S .lpS / tsoP[ noitagitsevnI MMC / MJC htiw truoc edaraP desuccA .oN noitacifitnedI 31 21 11 ]regnesseM01 9 reciffO 8 7 6 etad ht5iw 4 3 2 1 .oN .siD edaraP 31 21 11 01 9 8 7 6 5 4 3 2 1209 31.oN mroF laiciduJ 31.oN mroF laiciduJ ])21(11 & )31(01 seluR eeS[ ])21(11 & )31(01 seluR eeS[ C.P.rC 461 .s/U dedrocer stnemetatS / snoissefnoC fo retsigeR C.P.rC 461 .s/U dedrocer stnemetatS / snoissefnoC fo retsigeR morf tnemetatS fo gnidroceR morf noissefnoC fo gnidroceR rehtehW ssentiW desucca fo edoM fo etaD fo seipocmorf tnemetatS fo gnidroceR morf noissefnoC fo gnidroceR ot hctapsrieDhtehW fo erutaN fo sralucitraP fo laitinI fo edoMnoissimsn foa r eT taD ehtfo seips otn cemetats fo ersusteanNtiW desucca .P.M.rC tseuqeR noitagitsevnI etf ao r l ta si it gin aI M eta sr kts ri ag maM eR sk nr soa dm is re s oR i cm es Rn fa ].s orlr ed pT gSro n /c e lae t so s nR st o o eh Pf iMo tc e[ ct ha idtp ssla iriDn h uo t .Ji oi wt Nc .ti srd ous is Dtot irn dcue eJm hseo git nt na rid t tuase e fgh h is tt si en vr fu no yIf te itr rnou efty da dt di IN et r cn a ue C dd oI rp fon s eo esi tf t sao a eD n ne i tt m ia WD a x fE o nfoo if d eto atn ane o Dit c ma eD S axE nts or ii tF a nfo ime ata xD E .P. ..o M oN N.rC / ] /s d f t so s ese s see en uur t ncu i qW c tt e iAa W R[N [ d .f nn oo da o N ns ir t e aer aa s c g ral i eu f i Cf t cOc s ii e ft fr v Oa nP I.oN. .S oN.S .lpS / tsoP[ htiw truoc eht reciffO drnaoCitacifirenvoitanimaxE dnoceS tsriF foetaD ]desuccA .oN esaC ]regnesseM .oN.siD gnitagitsevnI rof decudorp sessentiW fo noitanimaxE noitanimaxE 31 21 11 01 reciffO 9 8 7 6 5 4 3 2 1 noitacifirev 31 21 11 01 9 8 7 6 5 4 3 2 1210 Judicial Form No.14 [See Rule 6 (8)] FORM OF ORDER FOR THE DETENTION IN CUSTODY OF AN ACCUSED PERSON (Section 167, Cr.P.C.) To The Superintendent/Officer in-charge ……….. Prison at ……………….. Whereas it appears that a charge against …................................................. of an offence under section …...of the Indian Penal Code/Act No….. of …..., is under investigation by the police under the provisions of Chapter XII of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) that such investigation cannot be completed within the period of 24 hours fixed by section 57 of the said Code; and that there are grounds for believing that the accusation / information against the said person is well founded; and the accused having been duly forwarded to this Court, this is to authorize you to detain the said …………. in custody* for ….. days, and to cause him to be produced before …....... Court sitting at …........... on the …... day of …..... 20... at ... O’ Clock. Descriptive roll 1.Name 2.Father’s/Husband’s Name 3.Sex, Married or Single 4.Race, religion and caste 5.Previous occupation 6.Age 7.Descriptive marks Note– At least three identification marks must be given. Given under my hand and the seal of the Court, this ….... day of ….......20..... Seal Magistrate * The custody may be such as the Magistrate thinks fit.211 Judicial Form No.15 [See Rule 26(4)] PROCEEDINGS OF THE ……………..MAGISTRATE OF ……….. Dated ….. day of ………. 20….. (Under Section 173, Cr.P.C.) READ Referred charge-sheet entered as Serial No. …… in Magistrate’s Register. 1.Name of the (a) Station (b) Village (c) Taluk 2.Complainant’s name 3. Name of accused 4.Offence, with law and section under which punishable 5.Explanation of any delay evidenced by dates in docket (outside). 6. order to the Police, regarding making , or refraining from making further investigation and with regard to the bond, if any, executed by the accused. 7. Brief statement of facts of the case and reasons for order. Magistrate212 PROCEEDINGS ON REFERRED CHARGE SHEET ENTERED AS SERIAL NO. …............ IN MAGISTRATE’S REGISTER From The …................ Magistrate To The Commissioner / Superintendent of Police,......... Through The Inspector of Police, .......... Date Month Year Offence Date of Report to station Receipt of Referred Charge Sheet by Magistrate Order of the Magistrate Dispatch Remarks of …………….. Magistrate Received: ..day of …. 20…. Despatched: ..day of …. 20…. Reply of ……………………….. Magistrate Received: ..day of …. 20…. Despatched: .. day of ……20…..213 Judicial Form No. 16 (See Rule 26 (1)(c) NOTICE TO COMPLAINANT (Section 173 or 202, Cr.P.C.) In Referred Case No. …….of 20…. To ……… Complainant Take notice that the complaint preferred by you under section ……… of the Indian Penal Code / Act No. …. of ……. is referred by the ……… Police Station as ………. and that if you dispute the correctness of the finding of the Police in Cr.No….. of ……, you should appear before this Court within ….. days from this day. ….... Day of ….................20......... Magistrate214 Judicial Form No.17 (See Rule 300) NOTICE (Sections 195, 340, 341 and 343, Cr.P.C.) IN THE COURT OF THE ……………………………… Civil/Criminal Miscellaneous Petition No. ….. in …. No. of …… BETWEEN Petitioner AND Counter-Petitioner. To ……. Counter-Petitioner Take notice that an application has been presented by the petitioner herein praying that an inquiry be made/an inquiry will be held under sections 340, 341 and 343 Code of Criminal Procedure, 1973 (Central Act 2 of 1974) determine whether a complaint should not be laid against you for an offence punishable under section(s).... of the Indian Penal Code, and that the said application will be heard by this Court at …... a.m. on the … day of ……. 20…. You are at liberty to show cause why such complaint should not be made. Given under my hand and the seal of the Court, this day of …........ 20..... Sessions Judge/Magistrate Seal215 Judicial Form No.18 (See Rule 300) NOTICE TO COMPLAINANT (Section 200, Cr. P.C.) IN THE COURT OF THE ……….. MAGISTRATE OF ………… To ……. You are hereby required to appear before this Court at ….... at.... o’clock on the ….... day of ….........20..... to give a sworn deposition regarding the complaint preferred by you against …………….. Dated the ….... day of ................... 20..... Seal Magistrate216 Judicial Form No.19 (See Rule 300) WARRANT OF COMMITMENT OF A PERSON CHARGED WITH AN OFFENCE. (Section 209, Cr.P.C.) Case No. …………of 20… To The Officer-in-charge of ……….. Prison at …………….. Whereas ……………………………………………is charged with having committed an offence under section(s)................... of ….........……… and has been committed to take his trial before the Court of Session at …………….. on the ……. day of …....20…. You are hereby required to receive the said ….....………. into your custody in the said prison and safely to keep him there until he shall be thence delivered by due course of law. Descriptive roll. 1.Name. 2. Father’s name / husband’s name 3.Sex, married or single. 4.Race, Religion and Caste. 5.Previous occupation. 6.Age 7.Descriptive marks. NOTE.-At least three identification marks must be given. Given under my hand and the seal of the Court this….day of ……. 20… Seal Magistrate217 Judicial Form No. 20 (See Rule 300) IN THE COURT OF SESSION, …................ DIVISION. (Sections 229 and 230, Cr.P.C.) Sessions Case No...........of 20….. Preliminary Register Case No. …. of 20 ... , on the file of the …..... Magistrate of …... Name of accused Charge Plea of the accused Sessions Judge218 Judicial Form No. 21 (See Rules 71 & 73) WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE OR BOTH (Sections 255 (1)&(2), 248 (1)&(2) and 235, Cr.P.C.) IN THE COURT OF ………………..….. OF……… Sessions/Calendar Case No…… of 20… To The Superintendent/Officer-in-charge ………………. Prison at ………….. Whereas on the …… day of ……. 20…, the prisoner in Sessions/Calendar Case No. …. of 20… (Crime No…… of ………….. Police Station) was convicted before me Sessions Judge/ Magistrate of ………………. of the offence of ………….. punishable under section ………. of the Indian Penal Code/ Act ….. of ………… and was sentenced to …………………………… This is to authorise and require you, the said The Superintendent/Officer-in- charge to receive the said ………….. into your custody in the said prison together with this warrant, and there carry the aforesaid sentence into execution according to law. The prisoner named above is classed as…………………..…….*  The prisoner is/ is not a fit subject for the special prison for habituals   * “Habitual” or “Casual”, as the case may be, should entered here in the Magistrate’s or Judge’s own handwriting.  To be filled in only in the case “habitual” by a convicting Court (not below the rank of 1st Class Magistrate) in an area for which a special prison for habituals has been appointed.219 *Diet— (a) the diet to which the prisoner was accustomed according to his own statement:………………………………………. (b) the diet recommended by the Sessions Judge/Magistrate:………… (c) brief reasons if rice or wheat is recommended:……………… II. The distance from the prisoner’s residence to the nearest railway station / Prison is ….... kms. The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to his residence is ………kms. The amount of bus fare under (a) above is Rs……… III. Details of property on the person of the prisoner. IV. I hereby certify that…………………. of the fine has been recovered. V. Descriptive Roll Name: Father’s name: Sex, married or single: Race, religion and caste: Previous occupation: Age: Descriptive marks: * Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.220 Particulars of previous convictions. Court Calendar No. Section and Code. Sentence. And year Given under my hand and the seal of the Court, this …. day of ……. 20…. Release on bail by Court 1. Order Number and date 2. Date of actual release 3. Date of re-arrest Seal. Sessions Judge /Magistrate The prisoner was transferred to ….. Prison on ……………… under Inspector- General’s Order No…… dated ………….. 20. Remission earned upto the end of the preceding quarter is … days. Superintendent. The prisoner was transferred to ……….…. Prison on …………….. under Rule 579 of the Tamil Nadu Prison Manual, Volume II. Remission earned upto the end of the preceding quarter is … days.221 Solitary confinement From To Number of days Total undergone. Superintendent’s initials I hereby certify that the within named prisoner has this day been served with an order directing him to notify his residence to the police for …… year(s) from this date. The following address was furnished by the prisoner on release:- Street: Village: Taluk: District: Superintendent. The order has been duly served on me, (Signature or left-thumb Impression of the prisoner.) …………Prison Dated ………..20 . Prison Date of admission to prison: I hereby certify that the sentence Number: passed on the prisoner named in Name: this warrant has been executed Sentence: according to law and that he has Date of sentence: this day been released from custody Date of release: on* ……… or having earned ….days’ remission. …………………..Prison Dated ……….. 20 Jailor Release on bail or escape and readmission may be noted below. Superintendent. NOTE:- In filling up the particulars under the head “5. Previous occupation” in respect of females, Court shall use the same classes of previous occupation as are adopted for males. *Appeal/Expiry of sentence/Bail.222 Judicial Form No. 22 (See Rule 300) WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE OR BOTH, IN PURSUANCE OF AN ORDER PASSED ON APPEAL (Sections 255, 248 and 386, Cr.P.C.) IN THE COURT OF ………………..….. OF……… Appeal No. ….. of ……. against the conviction and sentence by the …. Magistrate of ………………….under Section ……….. of Indian Penal Code / Act … of …… in Sessions/Calendar Case No…… of 20… (Cr. No…… of 20….., …… Police Station) To The Superintendent/Officer-in-charge ………………. Prison at ………….. Whereas on the …… day of ……. 20…, the prisoner in Sessions/Calendar Case No. …. of 20… was convicted before the said …… Magistrate of ………………. of the offence of ………….. punishable under section ………. of the Indian Penal Code/ Act ….. of ………… and was sentenced to …………………………… and whereas the said sentence has been modified by me Sessions Judge / Magistrate of …………. on appeal into a sentence of …………………… This is to authorise and require you, the said The Superintendent/Officer-in- charge to receive the said ………….. into your custody in the said prison together with this warrant, and there carry the aforesaid sentence into execution according to law. The warrant of commitment issued by the said Magistrate in regard to the aforesaid prisoner in the said Sessions/calendar case should be returned to me for cancellation. The prisoner named above is classed as …………………..…….* The prisoner is/ is not a fit subject for confinement in the special prison for  habituals * “Habitual” or “Casual”, as the case may be, should entered here in the Magistrate’s or Judge’s own handwriting.  To be filled in only in the case “habitual” by a convicting Court (not below the rank of 1st Class Magistrate) in an area for which a special prison for habituals has been appointed.223 *Diet— (a) the diet to which the prisoner was accustomed according to his own statement:………………………………………. (b) the diet recommended by the Sessions Judge/Magistrate:………… (c) brief reasons if rice or wheat is recommended:……………… The distance from the prisoner’s residence to the nearest railway station / Prison is ….... kms. The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to his residence is ………kms. The amount of bus fare under (a) above is Rs……… Details of property on the person of the prisoner. I hereby certify that…………………. of the fine has been recovered. Descriptive Roll Name: Father’s name: Sex, married or single: Race, religion and caste: Previous occupation: Age: Descriptive marks: * Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.224 I hereby certify that the within named prisoner has this day been served with an Particulars of previous convictions order directing him to notify his residence to the police for …… year(s) from this Section and Code Sentence Court date. The following address was furnished by the prisoner on release:- Street: Village: Taluk: District: Superintendent. The order has been duly served on me, Given under my hand and the seal of the Court, this …. day of ……. 20…. (Signature or left-thumb Impression of the prisoner.) …………Prison Dated ………..20 . Release on bail by Court Prison 1. Order Number and date Date of admission to Prison: I hereby certify that the sentence Number: passed on the prisoner named in 2. Date of actual release Name: this warrant has been executed 3. Date of re-arrest Sentence: according to law and that he has Date of sentence: this day been released from custody Date of release: on* ……… Seal. Sessions Judge /Magistrate or having earned ….days’ remission. …………………..Prison Dated ……….. 20 The prisoner was transferred to ….. Prison on ……………… under Inspector- Release on bail or escape and readmission may be noted below. General’s Order No…… dated ………….. 20. Jailor Superintendent Superintendent. Remission earned upto the end of the preceding quarter is … days. NOTE:- In filling up the particulars under the head “5. Previous occupation” in respect of females, Court shall use the same classes of previous occupation as are The prisoner was transferred to ……….…. Prison on …………….. under Rule 579 adopted for males. of the Tamil Nadu Prison Manual, Volume II. *Appeal/Expiry of sentence/Bail. Superintendent Solitary confinement From To Number of days Total undergone. Superintendent’s initials225 I hereby certify that the within named prisoner has this day been served with an Particulars of previous convictions order directing him to notify his residence to the police for …… year(s) from this Section and Code Sentence Court date. The following address was furnished by the prisoner on release:- Street: Village: Taluk: District: Superintendent. The order has been duly served on me, Given under my hand and the seal of the Court, this …. day of ……. 20…. (Signature or left-thumb Impression of the prisoner.) …………Prison Dated ………..20 . Release on bail by Court Prison 1. Order Number and date Date of admission to Prison: I hereby certify that the sentence Number: passed on the prisoner named in 2. Date of actual release Name: this warrant has been executed 3. Date of re-arrest Sentence: according to law and that he has Date of sentence: this day been released from custody Date of release: on* ……… Seal. Sessions Judge /Magistrate or having earned ….days’ remission. …………………..Prison Dated ……….. 20 The prisoner was transferred to ….. Prison on ……………… under Inspector- Release on bail or escape and readmission may be noted below. General’s Order No…… dated ………….. 20. Jailor Superintendent Superintendent. Remission earned upto the end of the preceding quarter is … days. NOTE:- In filling up the particulars under the head “5. Previous occupation” in respect of females, Court shall use the same classes of previous occupation as are The prisoner was transferred to ……….…. Prison on …………….. under Rule 579 adopted for males. of the Tamil Nadu Prison Manual, Volume II. *Appeal/Expiry of sentence/Bail. Superintendent Solitary confinement From To Number of days Total undergone. Superintendent’s initials226 Judicial Form No.23 Judicial Form No.24 (See Rule 300) (See Rule 300) EXAMINATION OF THE ACCUSED FORM OF ORDER FOR THE DETENTION IN CUSTODY OF APPROVERS (Section 281, Cr.P.C.) (Section 306, Cr.P.C.) IN THE COURT OF …...................................... IN THE COURT OF ……………… Case No………… 20… Calendar Miscellaneous To Preliminary Register Case No. ………..of 20.. The Officer in charge of the ………….Prison at ………. Sessions Statement of …................accused. Whereas on the ...day of …….20…, a tender of pardon was made to …….under section 306 of the Code of Criminal Procedure, 1973 (Central Act 2 of Name 1974) this is to authorize and require you to receive the said ………….. into your Father’s name custody together with this warrant and to procedure him before the committing Magistrate and the Court of Session under safe custody at such times and places as Village the said Courts may require you to do, and to keep him in the said prison at such Taluk times as his production before the Court is not required. Descriptive roll. Caste 1.Name. Calling 2. Father’s name/Husband’s name Religion 3.Sex, married or single. Age 4.Race, Religion and Caste. Dated ….. day of …..........20.... 5.Previous occupation. Question:- 6.Age, 7.Descriptive marks. NOTE.-At least three identification marks must be given. Given under my hand and the seal of the Court this…..day of … 20… Answers:- Seal. Magistrate227 Judicial Form No.23 Judicial Form No.24 (See Rule 300) (See Rule 300) EXAMINATION OF THE ACCUSED FORM OF ORDER FOR THE DETENTION IN CUSTODY OF APPROVERS (Section 281, Cr.P.C.) (Section 306, Cr.P.C.) IN THE COURT OF …...................................... IN THE COURT OF ……………… Case No………… 20… Calendar Miscellaneous To Preliminary Register Case No. ………..of 20.. The Officer in charge of the ………….Prison at ………. Sessions Statement of …................accused. Whereas on the ...day of …….20…, a tender of pardon was made to …….under section 306 of the Code of Criminal Procedure, 1973 (Central Act 2 of Name 1974) this is to authorize and require you to receive the said ………….. into your Father’s name custody together with this warrant and to procedure him before the committing Magistrate and the Court of Session under safe custody at such times and places as Village the said Courts may require you to do, and to keep him in the said prison at such Taluk times as his production before the Court is not required. Descriptive roll. Caste 1.Name. Calling 2. Father’s name/Husband’s name Religion 3.Sex, married or single. Age 4.Race, Religion and Caste. Dated ….. day of …..........20.... 5.Previous occupation. Question:- 6.Age, 7.Descriptive marks. NOTE.-At least three identification marks must be given. Given under my hand and the seal of the Court this…..day of … 20… Answers:- Seal. Magistrate228 Judicial Form No.25 Judicial Form No. 26 (See Rule 300) [See Rule 6(8)] WARRANT TO BE USED WHEN THE ACCUSED BEING IN CUSTODY, THE FORM OF REMAND WARRANT MAGISTRATE STAYS PROCEEDINGS UNDER SECTION 322, CR.P.C. (Section 309, Cr.P.C.) To THE OFFICER IN CHARGE OF THE …… PRISON, AT…… The Superintendent / the Officer in charge of the …... Prison at …......... Whereas …………………….. has/have been forwarded in custody, by the officer in charge of the …….Police Station, to this Court, charged by the Police Whereas …......... of …............. is charged before me with ….........and the evidence appearing to warrant a presumption that the case is one which should be tried of committed for trial with offences …………………………under section……… and this Court is by some other Magistrate in this District. The proceedings have been stayed and the case submitted empowered to take cognizance of the said offence, and whereas the Court has to the Chief Judicial Magistrate/ to the …................. postponed/adjourned the trial /enquiry to the ……….day of ……….20…, this is to authorize and require you to detain the said ……… in your custody for … days and to cause him/them to be produced before this Court sitting at ………… on the You are hereby required to receive the said …...... into your custody and produce him when called upon before the Chief Judicial Magistrate or such other Magistrate at such place and time as … day of …….. 20… at ……o’clock. the Chief Judicial Magistrate shall direct or in the absence of direction from the Chief Judicial Magistrate to produce him before me at …............ on the …. day of …... 20....., at …... a.m./p.m. Descriptive roll. 1.Name Descriptive roll. 2. Father’s name / Husband’s name 1 Name. 2Father's name/Husband's name 3.Sex, married or single 3 Sex, married or single. 4.Race, Religion and Caste 4 Race, religion and caste. 5 Previous occupation. 5.Previous occupation 6 Age. 7 Descriptive marks. 6.Age (NOTE––At least 3 marks of identification must be given) 7.Descriptive marks NOTE.-At least three identification marks must be given. Given under my hand and seal of the Court, this ….... day of …......... 20.. Given under my hand and the seal of the Court this….. day of ….. 20… Seal Magistrate. Seal Magistrate229 Judicial Form No.25 Judicial Form No. 26 (See Rule 300) [See Rule 6(8)] WARRANT TO BE USED WHEN THE ACCUSED BEING IN CUSTODY, THE FORM OF REMAND WARRANT MAGISTRATE STAYS PROCEEDINGS UNDER SECTION 322, CR.P.C. (Section 309, Cr.P.C.) To THE OFFICER IN CHARGE OF THE …… PRISON, AT…… The Superintendent / the Officer in charge of the …... Prison at …......... Whereas …………………….. has/have been forwarded in custody, by the officer in charge of the …….Police Station, to this Court, charged by the Police Whereas …......... of …............. is charged before me with ….........and the evidence appearing to warrant a presumption that the case is one which should be tried of committed for trial with offences …………………………under section……… and this Court is by some other Magistrate in this District. The proceedings have been stayed and the case submitted empowered to take cognizance of the said offence, and whereas the Court has to the Chief Judicial Magistrate/ to the …................. postponed/adjourned the trial /enquiry to the ……….day of ……….20…, this is to authorize and require you to detain the said ……… in your custody for … days and to cause him/them to be produced before this Court sitting at ………… on the You are hereby required to receive the said …...... into your custody and produce him when called upon before the Chief Judicial Magistrate or such other Magistrate at such place and time as … day of …….. 20… at ……o’clock. the Chief Judicial Magistrate shall direct or in the absence of direction from the Chief Judicial Magistrate to produce him before me at …............ on the …. day of …... 20....., at …... a.m./p.m. Descriptive roll. 1.Name Descriptive roll. 2. Father’s name / Husband’s name 1 Name. 2 Father's name/Husband's name 3.Sex, married or single 3 Sex, married or single. 4.Race, Religion and Caste 4 Race, religion and caste. 5 Previous occupation. 5.Previous occupation 6 Age. 7 Descriptive marks. 6.Age (NOTE–– At least 3 marks of identification must be given) 7.Descriptive marks NOTE.-At least three identification marks must be given. Given under my hand and seal of the Court, this ….... day of …......... 20.. Given under my hand and the seal of the Court this….. day of ….. 20… Seal Magistrate. Seal Magistrate230 Judicial Form No. 27 * Diet- (See Rule 300) (a) The diet to which the prisoner was accustomed according to his own WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED statement…………….. (Section 345, Cr.P.C.) (b) the diet recommended by the Sessions Judge/Magistrate………… IN THE COURT OF ………………….. Case No………of 20….. (c) brief reasons if rice or wheat is recommended………… To The Superintendent/Officer-in-charge, Civil Prison at ……………. The distance from the prisoner’s residence to the nearest railway station / Prison is ….... kms. Whereas at a Court holden before me on this the …. day in the presence / view of the Court, …………… committed wilful contempt; The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the And whereas for such contempt the said ………. has been adjudged by the prisoner’s residence to his residence is ………kms. Court to pay a fine of Rupees ……..or in default to suffer simple imprisonment for the space of …. days and whereas, the said sum of Rs……./part of the said sum, to The amount of bus fare under (a) above is Rs……… wit, Rs…….has not been paid or recovered; Details of the property on the person of the prisoner. Judge/Magistrate This is to authorise and require you, the said Superintendent/Officer-in-charge of the said prison to receive the said ……………. into your custody, together with Prison. this warrant, and safely to keep him in the said prison for the said period of ….days Date of admission to prison. I hereby certify that the sentence unless the said fine / balance of fine be sooner paid; and, on the receipt thereof Number. passed on the prisoner named in forthwith to set him at liberty, returning this warrant with an endorsement certifying Name. this warrant has been executed the manner of its execution. Sentence. according to law and that he has Date of sentence. this day been released from custody  Date of release. on or having earned ….. Given under my hand and the seal of the Court, this …. day of ….. 20 .. Release on bail or escape and day’s remission. Re-admission may be noted below. Seal. Prison, Judge/Magistrate. Dated 20 . Jailor Superintendent Descriptive roll. Note:- In filling up the particulars under the head “5. Previous occupation” in Name. respect of females, Courts shall use the same classes of previous occupation as are Father’s name. adopted for males. Sex, married or single. Race, religion and caste. * Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting. Previous occupation.  Appeal/Expiry of sentence/Bail. Age. Descriptive marks.231 Judicial Form No. 27 * Diet- (See Rule 300) (a) The diet to which the prisoner was accustomed according to his own WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED statement…………….. (Section 345, Cr.P.C.) (b) the diet recommended by the Sessions Judge/Magistrate………… IN THE COURT OF ………………….. Case No………of 20….. (c) brief reasons if rice or wheat is recommended………… To The Superintendent/Officer-in-charge, Civil Prison at ……………. The distance from the prisoner’s residence to the nearest railway station / Prison is ….... kms. Whereas at a Court holden before me on this the …. day in the presence / view of the Court, …………… committed wilful contempt; The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the And whereas for such contempt the said ………. has been adjudged by the prisoner’s residence to his residence is ………kms. Court to pay a fine of Rupees ……..or in default to suffer simple imprisonment for the space of …. days and whereas, the said sum of Rs……./part of the said sum, to The amount of bus fare under (a) above is Rs……… wit, Rs…….has not been paid or recovered; Details of the property on the person of the prisoner. Judge/Magistrate This is to authorise and require you, the said Superintendent/Officer-in-charge of the said prison to receive the said ……………. into your custody, together with Prison. this warrant, and safely to keep him in the said prison for the said period of ….days Date of admission to prison. I hereby certify that the sentence unless the said fine / balance of fine be sooner paid; and, on the receipt thereof Number. passed on the prisoner named in forthwith to set him at liberty, returning this warrant with an endorsement certifying Name. this warrant has been executed the manner of its execution. Sentence. according to law and that he has Date of sentence. this day been released from custody  Date of release. on or having earned ….. Given under my hand and the seal of the Court, this …. day of ….. 20 .. Release on bail or escape and day’s remission. Re-admission may be noted below. Seal. Prison, Judge/Magistrate. Dated 20 . Jailor Superintendent Descriptive roll. Note:- In filling up the particulars under the head “5. Previous occupation” in Name. respect of females, Courts shall use the same classes of previous occupation as are Father’s name. adopted for males. Sex, married or single. Race, religion and caste. * Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting. Previous occupation.  Appeal/Expiry of sentence/Bail. Age. Descriptive marks.232 Judicial Form No.28 The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to (See Rule 300) his residence is ………kms. MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING The amount of bus fare under (a) above is Rs……… TO ANSWER OR PRODUCE A DOCUMENT OR THING. Details of the property on the person of the prisoner. (Section 349, Cr.P.C.) IN THE COURT OF...................................... (Seal) Judge/Magistrate Case No. …........of 20.... To Prison I hereby certify that the sentence passed on …................... the prisoner named in this warrant has been Whereas …........... being summoned/ brought before this court as a witness and executed according to law and that he has this Date of admission to Prison day been released from custody on **...... or this day required to give evidence / produce on an enquiry into an alleged offence, refused having earned …... days remission. without alleging any just excuse for such refusal, and for his contempt, has been adjudged Number detention in custody / simple imprisonment for …. days; This is to authorize and require you to take the said ….... into your custody, and safely to Name keep him in your custody, for the space of … days unless in the meantime, he shall consent to be examined and to answer the question asked of him/to produce and on the last of the said days, or Sentence forthwith on such consent being known, to bring him before this court to be dealt with according to law returning this warrant with an endorsement certifying the manner of its execution. Date of sentence Given under my hand and the seal of the Court, this …. day of …..20.... Date of release Seal Judge/Magistrate Release on bail or escape and re-admission may be noted below Descriptive roll Name. Father’s name. …...Prison, Sex, married or singe. Race, religion and caste. Dated …....... 20.. Previous occupation. Age. Jailor Descriptive marks. * Diet— Superintendent. (a) the diet to which the prisoner was accustomed according to this own statement................ (b) the diet recommended by the Sessions Judge/Magistrate............. *Particulars to be entered in the Sessions Judge's Magistrate's own handwriting. (c) brief reasons if rice or wheat is recommended.................. **Appeal / expiry of sentence/bail NOTE: In filing up the particulars under the head “5. previous occupation” in respect of The distance from the prisoner’s residence to the nearest railway station / Prison is ….... females, Courts shall use the same classes of previous occupation as are adopted for males. kms.233 Judicial Form No.28 The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to (See Rule 300) his residence is ………kms. MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING The amount of bus fare under (a) above is Rs……… TO ANSWER OR PRODUCE A DOCUMENT OR THING. Details of the property on the person of the prisoner. (Section 349, Cr.P.C.) IN THE COURT OF...................................... (Seal) Judge/Magistrate Case No. …........of 20.... To Prison I hereby certify that the sentence passed on …................... the prisoner named in this warrant has been Whereas …........... being summoned/ brought before this court as a witness and executed according to law and that he has this Date of admission to Prison day been released from custody on **...... or this day required to give evidence / produce on an enquiry into an alleged offence, refused having earned …... days remission. without alleging any just excuse for such refusal, and for his contempt, has been adjudged Number detention in custody / simple imprisonment for …. days; This is to authorize and require you to take the said ….... into your custody, and safely to Name keep him in your custody, for the space of … days unless in the meantime, he shall consent to be examined and to answer the question asked of him/to produce and on the last of the said days, or Sentence forthwith on such consent being known, to bring him before this court to be dealt with according to law returning this warrant with an endorsement certifying the manner of its execution. Date of sentence Given under my hand and the seal of the Court, this …. day of …..20.... Date of release Seal Judge/Magistrate Release on bail or escape and re-admission may be noted below Descriptive roll Name. Father’s name. …...Prison, Sex, married or singe. Race, religion and caste. Dated …....... 20.. Previous occupation. Age. Jailor Descriptive marks. * Diet— Superintendent. (a) the diet to which the prisoner was accustomed according to this own statement................ (b) the diet recommended by the Sessions Judge/Magistrate............. *Particulars to be entered in the Sessions Judge's Magistrate's own handwriting. (c) brief reasons if rice or wheat is recommended.................. **Appeal / expiry of sentence/bail NOTE: In filing up the particulars under the head “5. previous occupation” in respect of The distance from the prisoner’s residence to the nearest railway station / Prison is ….... females, Courts shall use the same classes of previous occupation as are adopted for males. kms.234 Judicial Form No. 29 Judicial Form No. 30 [See Rule 208] (See Rule 300) (Section 356, Cr.P.C.) BOND FOR PROBATION OF GOOD CONDUCT. (Section 360, Cr.P.C.) IN THE COURT OF …................................................................... IN THE COURT OF THE ……….. MAGISTRATE OF …………………………….. The …... day of …..... 20.... Calendar Case No……………… of 20 ... Sessions/Calendar Case No…………of 20 … Whereas I,....................... resident of ….................... have been convicted of the offence of PRESENT: ……………………. (Name) ….............. under Section ….......... of the Indian Penal Code: Sessions Judge/Magistrate And whereas I, being a first offender, have been ordered to be released on probation of good conduct on entering into a bond with …… surety/sureties during the period of ….. months under the provisions of section 360 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), I hereby The State Complainant bind myself to appear and receive sentence when called upon and in the meantime to keep the peace and be of good behaviour to the State and all the citizens of India during the said term of vs. …….months and in case of my making default therein, I bind myself to forfeit to the State the sum of Rupees …..... …………………………… Accused Dated this …...day of …... 20 ... . Offence …………………… Signature. Sentence ………………… Executed before me. Magistrate. ORDER Under section 356 of the Code of Criminal Procedure, 1973, (Central Act 2 of I/We hereby declare myself surety/ourselves sureties for the abovenamed ….........that he will 1974) the accused is further ordered to notify his residence and any change of appear and receive sentence when called upon and in the meantime will keep the peace and be of residence after release to the police for a period of …..... from the date of his release. good behaviour to the State and all the citizens of India during the said term and in case of his making default therein, I/we hereby bind myself/ourselves jointly and severally to forfeit to the State Seal the sum of Rupees ….... Sessions Judge/Magistrate Dated this ….... day of …….. 20.. . Signature. To The Superintendent, ….............. Prison at ……………… Signature. Executed before me. Magistrate235 Judicial Form No. 29 Judicial Form No. 30 [See Rule 208] (See Rule 300) (Section 356, Cr.P.C.) BOND FOR PROBATION OF GOOD CONDUCT. (Section 360, Cr.P.C.) IN THE COURT OF …................................................................... IN THE COURT OF THE ……….. MAGISTRATE OF …………………………….. The …... day of …..... 20.... Calendar Case No……………… of 20 ... Sessions/Calendar Case No…………of 20 … Whereas I,....................... resident of ….................... have been convicted of the offence of PRESENT: ……………………. (Name) ….............. under Section ….......... of the Indian Penal Code: Sessions Judge/Magistrate And whereas I, being a first offender, have been ordered to be released on probation of good conduct on entering into a bond with …… surety/sureties during the period of ….. months under the provisions of section 360 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), I hereby The State Complainant bind myself to appear and receive sentence when called upon and in the meantime to keep the peace and be of good behaviour to the State and all the citizens of India during the said term of vs. …….months and in case of my making default therein, I bind myself to forfeit to the State the sum of Rupees …..... …………………………… Accused Dated this …...day of …... 20 ... . Offence …………………… Signature. Sentence ………………… Executed before me. Magistrate. ORDER Under section 356 of the Code of Criminal Procedure, 1973, (Central Act 2 of I/We hereby declare myself surety/ourselves sureties for the abovenamed ….........that he will 1974) the accused is further ordered to notify his residence and any change of appear and receive sentence when called upon and in the meantime will keep the peace and be of residence after release to the police for a period of …..... from the date of his release. good behaviour to the State and all the citizens of India during the said term and in case of his making default therein, I/we hereby bind myself/ourselves jointly and severally to forfeit to the State Seal the sum of Rupees ….... Sessions Judge/Magistrate Dated this ….... day of …….. 20.. . Signature. To The Superintendent, ….............. Prison at ……………… Signature. Executed before me. Magistrate236 Judicial Form No.31 Judicial Form No.32 (See Rule 300) (See Rule 123) FORM OF DISMISSAL OF APPEAL NOTICE OF APPEAL (Section 384, Cr.P.C.) (Section 385, Cr.P.C.) IN THE COURT OF ….................................. IN THE COURT OF ……………………. Criminal Appeal No………… of 20… The... day of ........... 20…. . 1 The Appellant Petition of Appeal No……….of 20 ..., against the conviction and sentence by 2 The Public Prosecutor, Chennai/The Public Prosecutor of the Sessions Division, …. the ……………………….Magistrate of …………under Section................... of the Indian Penal Code/Act No….. of …… in Case No. …. of the Calendar for 20.. 3 The Collector …………/The Superintendent of Police, ……District / The Commissioner of Police, ……… Appellant. 4 Assistant Public Prosecutor vs. 5 General Manager, Southern Railway, Chennai Respondent 6 Commissioner, ……………… Municipality / ………… Corporation This appeal, coming on for hearing before me under section 384 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) upon perusing the petition of appeal Notice is hereby given under section 385 of the Code of Criminal Procedure, and the calendar and judgment of the said Magistrate and upon duly considering the 1973 (Central Act 2 of 1974) that the aforesaid appeal made to this Court by …………..against the finding same after hearing the arguments of the appellant or appellant’s advocate/appellant and sentence of the………….. Magistrate of……………. in Calendar Case No. ….of not appearing in support of his appeal although reasonable opportunity of being heard 20… will be heard at *………….. on the …. day of ……. 20….. has been allowed, I do adjudge and order that this appeal be dismissed. SSeaelal Serishtadar/ Head Ministerial Officer Sessions Judge/Magistrate Dated………….20… . * Here specify the place of hearing Copy to- The Superintendent of ……… Prison at ………… (for communication to the prisoner concerned)237 Judicial Form No.31 Judicial Form No.32 (See Rule 300) (See Rule 123) FORM OF DISMISSAL OF APPEAL NOTICE OF APPEAL (Section 384, Cr.P.C.) (Section 385, Cr.P.C.) IN THE COURT OF ….................................. IN THE COURT OF ……………………. Criminal Appeal No………… of 20… The... day of ........... 20…. . 1 The Appellant Petition of Appeal No……….of 20 ..., against the conviction and sentence by 2 The Public Prosecutor, Chennai/The Public Prosecutor of the Sessions Division, …. the ……………………….Magistrate of …………under Section................... of the Indian Penal Code/Act No….. of …… in Case No. …. of the Calendar for 20.. 3 The Collector …………/The Superintendent of Police, ……District / The Commissioner of Police, ……… Appellant. 4 Assistant Public Prosecutor vs. 5 General Manager, Southern Railway, Chennai Respondent 6 Commissioner, ……………… Municipality / ………… Corporation This appeal, coming on for hearing before me under section 384 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) upon perusing the petition of appeal Notice is hereby given under section 385 of the Code of Criminal Procedure, and the calendar and judgment of the said Magistrate and upon duly considering the 1973 (Central Act 2 of 1974) that the aforesaid appeal made to this Court by …………..against the finding same after hearing the arguments of the appellant or appellant’s advocate/appellant and sentence of the………….. Magistrate of……………. in Calendar Case No. ….of not appearing in support of his appeal although reasonable opportunity of being heard 20… will be heard at *………….. on the …. day of ……. 20….. has been allowed, I do adjudge and order that this appeal be dismissed. SSeaelal Serishtadar/ Head Ministerial Officer Sessions Judge/Magistrate Dated………….20… . * Here specify the place of hearing Copy to- The Superintendent of ……… Prison at ………… (for communication to the prisoner concerned)238 Judicial Form No.33 Judicial Form No.34 (See Rule 126) (See Rule 111) FORM OF AN ORDER DISMISSING AN APPEAL AND ANNULLING A PROCEEDINGS CALLING FOR RECORD SUSPENSION OF THE SENTENCE (Section 386, Cr.P.C.) (Sections 386 and 397, Cr.P.C.) IN THE COURT OF …......................................... PROCEEDINGS OF THE COURT OF …............................................... The …... day of 20 . Petition of Appeal No………..of 20….. against the conviction and sentence by the …………………….Magistrate of ……………………….. under section…….. of the READ--- Indian Penal Code / Act No….. of ….. in Case No……of the Calendar for 20… . Extract from the Register of Preliminary Enquiries in Case No. …….of 20.. Judgment in Calendar Case No.………of 20….. Appellant Criminal Appeal No……of 20…, presented against the finding and sentence in vs. Calendar Case No.……..of 20… , on the file of the ………..Magistrate of …… Respondent Order This appeal coming on for hearing before me, upon perusing the petition of appeal and the record of the evidence and proceedings, and upon duly considering the same and after hearing ….............................................., I do adjudge and order that the said appeal be The ……………Magistrate is requested to submit for the consideration of this dismissed and that the order of this Court suspending the sentence be annulled. Court, the record of the proceedings in the above case with the least practicable delay. Seal Sessions Judge/Magistrate Sherishtadar/ Head Ministerial Officer To The Superintendent of …..... Prison at ……………… (for communication to the prisoner concerned)239 Judicial Form No.33 Judicial Form No.34 (See Rule 126) (See Rule 111) FORM OF AN ORDER DISMISSING AN APPEAL AND ANNULLING A PROCEEDINGS CALLING FOR RECORD SUSPENSION OF THE SENTENCE (Section 386, Cr.P.C.) (Sections 386 and 397, Cr.P.C.) IN THE COURT OF …......................................... PROCEEDINGS OF THE COURT OF …............................................... The …... day of 20 . Petition of Appeal No………..of 20….. against the conviction and sentence by the …………………….Magistrate of ……………………….. under section…….. of the READ--- Indian Penal Code / Act No….. of ….. in Case No……of the Calendar for 20… . Extract from the Register of Preliminary Enquiries in Case No. …….of 20.. Judgment in Calendar Case No.………of 20….. Appellant Criminal Appeal No……of 20…, presented against the finding and sentence in vs. Calendar Case No.……..of 20… , on the file of the ………..Magistrate of …… Respondent Order This appeal coming on for hearing before me, upon perusing the petition of appeal and the record of the evidence and proceedings, and upon duly considering the same and after hearing ….............................................., I do adjudge and order that the said appeal be The ……………Magistrate is requested to submit for the consideration of this dismissed and that the order of this Court suspending the sentence be annulled. Court, the record of the proceedings in the above case with the least practicable delay. Seal Sessions Judge/Magistrate Sherishtadar/ Head Ministerial Officer To The Superintendent of …..... Prison at ……………… (for communication to the prisoner concerned)240 Judicial Form No.35 Judicial Form No.36 (See Rule 300) (See Rule 128) FORM OF AN ORDER CONFIRMING A SENTENCE FORM OF AN ORDER REVERSING A SENTENCE (Section 386, Cr.P.C.) (Section 386, Cr.P.C.) IN THE COURT OF …......................... IN THE COURT OF …......................................... The….day of ………..20 . The ……….day of…….20….. Petition of Appeal No…… of 20….., against the conviction and sentence by the Petition of Appeal No……. of 20…. , against the conviction and sentence by …...... Magistrate of …........ under Section ….. of the Indian Penal Code/ Act No. …. of …. the ……………Magistrate of ……………… under section …………. of the Indian in Case No....... of the Calendar for 20..... Penal Code / Act No….. of ……in Case No.….. of the Calendar for 20…. Appellant Appellant. vs. vs. Respondent Respondent This appeal, coming on for hearing before me, upon perusing the petition of appeal and the record of the evidence and proceedings, and upon duly considering the This appeal coming on for hearing before me, upon perusing the petition of appeal same and after hearing ……………. and calendar and sentence and the record of the evidence and proceedings, and upon duly considering the same, and after hearing …............................................, I do adjudge and I do adjudge and order that the conviction and sentence passed on the said order that the said appeal be dismissed. …………………be reversed and the accused be acquitted / discharged and that he the said prisoner be released from the prison in which he is now imprisoned under the said sentence unless he is liable to be detained in custody for some other cause. Seal Sessions Judge/Magistrate Seal Sessions Judge/Magistrate To The Superintendent of …...... Prison at …………… Copy to (for communication to the prisoner concerned) The Superintendent of …... Prison at ………… (for communication to the prisoner concerned)241 Judicial Form No.35 Judicial Form No.36 (See Rule 300) (See Rule 128) FORM OF AN ORDER CONFIRMING A SENTENCE FORM OF AN ORDER REVERSING A SENTENCE (Section 386, Cr.P.C.) (Section 386, Cr.P.C.) IN THE COURT OF …......................... IN THE COURT OF …......................................... The….day of ………..20 . The ……….day of…….20….. Petition of Appeal No…… of 20….., against the conviction and sentence by the Petition of Appeal No……. of 20…. , against the conviction and sentence by …...... Magistrate of …........ under Section ….. of the Indian Penal Code/ Act No. …. of …. the ……………Magistrate of ……………… under section …………. of the Indian in Case No....... of the Calendar for 20..... Penal Code / Act No….. of ……in Case No.….. of the Calendar for 20…. Appellant Appellant. vs. vs. Respondent Respondent This appeal, coming on for hearing before me, upon perusing the petition of appeal and the record of the evidence and proceedings, and upon duly considering the This appeal coming on for hearing before me, upon perusing the petition of appeal same and after hearing ……………. and calendar and sentence and the record of the evidence and proceedings, and upon duly considering the same, and after hearing …............................................, I do adjudge and I do adjudge and order that the conviction and sentence passed on the said order that the said appeal be dismissed. …………………be reversed and the accused be acquitted / discharged and that he the said prisoner be released from the prison in which he is now imprisoned under the said sentence unless he is liable to be detained in custody for some other cause. Seal Sessions Judge/Magistrate Seal Sessions Judge/Magistrate To The Superintendent of …...... Prison at …………… Copy to (for communication to the prisoner concerned) The Superintendent of …... Prison at ………… (for communication to the prisoner concerned)242 Judicial Form No.37 Judicial Form No.38 (See Rule 300) (See Rule 127) WARRANT OF RELEASE OF A PRISONER FORM OF AN ORDER REDUCING SENTENCE (Section 386, Cr.P.C.) (Section 386, Cr.P.C.) IN THE COURT OF …............................ IN THE COURT OF................................................... (Appeal No.…… of 20…, against the conviction and sentence by the ……. The …... day of …........ 20..... Magistrate of ………….. under Section ……. of the Indian Penal Code /Act ….. of …. in Case No…. of the Calendar for 20…..) Petition of Appeal No….. of 20….. against the conviction and sentence by the ………. Magistrate of ……….under section …......of the Indian Penal Code/Act To No…. of ….. in case No……. of the Calendar for 20... The Superintendent of the ……….. Prison at ……… Appellant vs. Whereas on the ….day of ….…20.., the prisoner in the said Case No. …..of the Calendar of 20…., was convicted before the said ….. Magistrate of ….. of the Respondent offence of ………………..punishable under section ….. of the Indian Penal Code/Act …. of ….. and was sentenced to…...... and whereas, the said sentence was reversed by This appeal, coming on for hearing before me, upon perusing the petition of me Sessions Judge/Magistrate of ……. on appeal. appeal and the record of the evidence and proceedings, and upon duly considering the same and after hearing ….................................., This is to authorize and require you to release the said prisoner …........... from I do adjudge and order that the sentence passed on the said …............. be your custody unless he is liable to be detained for some other cause. reduced and that instead of the punishment thereby imposed, the said …...................... Given under my hand and the seal of the Court, this …...day of …..20 . Seal Sessions Judge/Magistrate Sessions Judge/Magistrate Seal Copy to:- N.B.— The Superintendent of the …........ Prison should, at once, return the warrant The Superintendent, ………... Prison at …………. with which the prisoner was committed to his custody. (for communication to the prisoner concerned)243 Judicial Form No.37 Judicial Form No.38 (See Rule 300) (See Rule 127) WARRANT OF RELEASE OF A PRISONER FORM OF AN ORDER REDUCING SENTENCE (Section 386, Cr.P.C.) (Section 386, Cr.P.C.) IN THE COURT OF …............................ IN THE COURT OF................................................... (Appeal No.…… of 20…, against the conviction and sentence by the ……. The …... day of …........ 20..... Magistrate of ………….. under Section ……. of the Indian Penal Code /Act ….. of …. in Case No…. of the Calendar for 20…..) Petition of Appeal No….. of 20….. against the conviction and sentence by the ………. Magistrate of ……….under section …......of the Indian Penal Code/Act To No…. of ….. in case No……. of the Calendar for 20... The Superintendent of the ……….. Prison at ……… Appellant vs. Whereas on the ….day of ….…20.., the prisoner in the said Case No. …..of the Calendar of 20…., was convicted before the said ….. Magistrate of ….. of the Respondent offence of ………………..punishable under section ….. of the Indian Penal Code/Act …. of ….. and was sentenced to…...... and whereas, the said sentence was reversed by This appeal, coming on for hearing before me, upon perusing the petition of me Sessions Judge/Magistrate of ……. on appeal. appeal and the record of the evidence and proceedings, and upon duly considering the same and after hearing ….................................., This is to authorize and require you to release the said prisoner …........... from I do adjudge and order that the sentence passed on the said …............. be your custody unless he is liable to be detained for some other cause. reduced and that instead of the punishment thereby imposed, the said …...................... Given under my hand and the seal of the Court, this …...day of …..20 . Seal Sessions Judge/Magistrate Sessions Judge/Magistrate Seal Copy to:- N.B.— The Superintendent of the …........ Prison should, at once, return the warrant The Superintendent, ………... Prison at …………. with which the prisoner was committed to his custody. (for communication to the prisoner concerned)244 Judicial Form No.39 The distance from the prisoner’s residence to the nearest railway station / Prison is ….... (See Rules 131 and 133) kms. WARRANT OF COMMITMEMNT ON A SENTENCE OF IMPRISONMENT OR FINE OR BOTH, The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the IN PURSUANCE OF AN ORDER PASSED ON APPEAL OR REVISION BY THE HIGH COURT Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to his residence is ………kms. (Sections 388 and 405, Cr.P.C.) The amount of bus fare under(a) above is Rs………….. IN THE COURT OF…................................... Details of the property on the person of the prisoner Appeal/Criminal Revision Case No…… of 20… against the finding, sentence or order passed by the Sessions Judge / Magistrate ………….. under section …….. of the Indian Penal Code / Act ….. of I hereby certify that……………………… of the fine has been recovered. ….. in Case No……. of the Calendar for 20…./ Criminal Appeal No. …. of 20…. Descriptive roll. (Crime No….. of ……………. Police Station) Name Father’s name Particulars of previous To Sex, married or single convictions. The Superintendent / Officer-in-charge of ……… Prison at …………… Race, religion and caste Section Sentence Court. Previous occupation and Code WHEREAS on the ….. day of …… 20….., the prisoner in the said Case No…..of the Age Calendar of 20.., was convicted before me, the Sessions Judge/Magistrate of ………….. of the Descriptive marks offence of ……………………….. punishable under section………………… of the Indian Penal Code/Act ….. of ……….. and was sentenced to ……………… and whereas the sentence was confirmed/modified by me the Sessions Judge/Magistrate of …… on appeal, and whereas the said sentence/said sentence as so confirmed or modified on appeal has been modified by the High Court Given under my hand and the seal of the Court, this …..day of …… 20….. of Judicature at Madras on appeal / revision into a sentence of …………………………… Release on bail by Court This is to authorize and require you, the said Superintendent/ Officer in charge to detain/receive the said ……………. in your custody in the said prison together with this warrant and 1. Order Number and date. there carry the aforesaid modified sentence of the High Court into execution according to law. 2. Date of actual release 3. Date of re-arrest The warrant of commitment issued by me in regard to the aforesaid Prisoner in the said calendar case/criminal appeal should be returned to me for cancellation. Seal Sessions Judge/Magistrate The prisoner named above is classed as *……. The prisoner was transferred to ……..Prison on……. under the Inspector-General’s Order The prisoner named above is /is not a fit subject for confinement in the special prison for No…………, dated ……..20…. Remission earned up to the end of the preceding quarter is ..... habituals. + days. ++Diet- Superintendent (a) the diet to which the prisoner was accustomed according to his own statement The prisoner was transferred to ……….…. Prison on …………….. under Rule 579 of the Tamil ………………………… Nadu Prison Manual, Volume II. Remission earned up to the end of the preceding quarter is (b) the diet recommended by the Magistrate………………….. .....days. (c) brief reasons if rice or wheat is recommended……………………….. ________________________________________________________________________________ Superintendent * “Habitual” or “Casual”, as the case may be, should en entered here in the Magistrate’s or Judge’s Solitary confinement own handwriting. From To Number of days Total undergone Superintendent’s initials  To be filled in only in the case “habitual” by a convicting Court (not below the rank of 1st Class Magistrate) in an area for which a special prison for habituals has been appointed. ++Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.245 Judicial Form No.39 The distance from the prisoner’s residence to the nearest railway station / Prison is ….... (See Rules 131 and133) kms. WARRANT OF COMMITMEMNT ON A SENTENCE OF IMPRISONMENT OR FINE OR BOTH, The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the IN PURSUANCE OF AN ORDER PASSED ON APPEAL OR REVISION BY THE HIGH COURT Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to his residence is ………kms. (Sections 388 and 405, Cr.P.C.) The amount of bus fare under(a) above is Rs………….. IN THE COURT OF…................................... Details of the property on the person of the prisoner Appeal/Criminal Revision Case No…… of 20… against the finding, sentence or order passed by the Sessions Judge / Magistrate ………….. under section …….. of the Indian Penal Code / Act ….. of I hereby certify that……………………… of the fine has been recovered. ….. in Case No……. of the Calendar for 20…./ Criminal Appeal No. …. of 20…. Descriptive roll. (Crime No….. of ……………. Police Station) Name Father’s name Particulars of previous To Sex, married or single convictions. The Superintendent / Officer-in-charge of ……… Prison at …………… Race, religion and caste Section Sentence Court. Previous occupation and Code WHEREAS on the ….. day of …… 20….., the prisoner in the said Case No…..of the Age Calendar of 20.., was convicted before me, the Sessions Judge/Magistrate of ………….. of the Descriptive marks offence of ……………………….. punishable under section………………… of the Indian Penal Code/Act ….. of ……….. and was sentenced to ……………… and whereas the sentence was confirmed/modified by me the Sessions Judge/Magistrate of …… on appeal, and whereas the said sentence/said sentence as so confirmed or modified on appeal has been modified by the High Court Given under my hand and the seal of the Court, this …..day of …… 20….. of Judicature at Madras on appeal / revision into a sentence of …………………………… Release on bail by Court This is to authorize and require you, the said Superintendent/ Officer in charge to detain/receive the said ……………. in your custody in the said prison together with this warrant and 1. Order Number and date. there carry the aforesaid modified sentence of the High Court into execution according to law. 2. Date of actual release 3. Date of re-arrest The warrant of commitment issued by me in regard to the aforesaid Prisoner in the said calendar case/criminal appeal should be returned to me for cancellation. Seal Sessions Judge/Magistrate The prisoner named above is classed as *……. The prisoner was transferred to ……..Prison on……. under the Inspector-General’s Order The prisoner named above is /is not a fit subject for confinement in the special prison for No…………, dated ……..20…. Remission earned up to the end of the preceding quarter is ..... habituals. + days. ++Diet- Superintendent (a) the diet to which the prisoner was accustomed according to his own statement The prisoner was transferred to ……….…. Prison on …………….. under Rule 579 of the Tamil ………………………… Nadu Prison Manual, Volume II. Remission earned up to the end of the preceding quarter is (b) the diet recommended by the Magistrate………………….. .....days. (c) brief reasons if rice or wheat is recommended……………………….. ________________________________________________________________________________ Superintendent * “Habitual” or “Casual”, as the case may be, should en entered here in the Magistrate’s or Judge’s Solitary confinement own handwriting. From To Number of days Total undergone Superintendent’s initials  To be filled in only in the case “habitual” by a convicting Court (not below the rank of 1st Class Magistrate) in an area for which a special prison for habituals has been appointed. ++Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.246 I hereby certify that the within named prisoner, has this day, been served with an order Judicial Form No.40 directing him to notify his residence to the Police for year ……from this date. (See Rule 131) The following address was furnished by the prisoner on release:- Street Village WARRANT OF RELEASE OF PRISONER ON APPEAL OR IN REVISION BY Taluk District THE HIGH COURT Superintendent The order has been duly served on me. (Sections 388 and 405, Cr.P.C.) Signature or left thumb-impression IN THE COURT OF........................ of the prisoner Prison To Dated ……20.. Prison I hereby certify that the sentence passed The Superintendent / Officer in charge of the…………. Prison at …....................... Date of admission to prison on the prisoner named in this warrant has been Number executed according to law and that he has, this day, been released from custody on*…. or Name having earned …. days’ remission. Sentence Whereas, on the .................. day of …............ 20..., the prisoner in Case Date of sentence No........of the Calendar for 20...., was convicted before me, the Sessions Judge / Date of release Prison Magistrate of …...................... for the offence of …............ punishable under Section …......... of the Indian Penal Code/Act No..... of ….. and was sentenced to Dated 20 .. . …............................ and whereas, the sentence was confirmed/modified by me, the Release on bail or escape and re-admission may be noted below:- Sessions Judge/Magistrate on appeal and whereas, the said sentence/said sentence as so confirmed or modified on appeal, has been reversed by the High Court of Jailor Superintendent Judicature at Madras on appeal/in revision. NOTE.–In filling up the particulars under head “5. Previous occupation” in respect of females, Courts shall use the same classes of previous occupation as are adopted for males. This is to authorize and require you to release the said prisoner ….................... NOTE.–In the case of a Judgment or order passed by the High Court on a revision petition from your custody unless he is liable to be detained for some other cause. against the finding, sentence or order of an appellate Court, the appellate Court and not the trial Court should give directions to the Superintendent or the Officer-in-charge of the prison. Given under my hand and the seal of the Court, this …............ day of 20.. . …............................................................................................................................................................. Seal *Appeal/Expiry of sentence/bail Sessions Judge/Magistrate N.B. – The Superintendent, …..….. Prison, should at once return the warrant with which the prisoner was committed to his custody. Note: In the case of a judgment or order passed by the High Court on a revision petition against the finding, sentence or order of an appellate Court, the appellate Court and not the trail court should give directions to the Superintendent or Officer-in- charge of the Prison.247 I hereby certify that the within named prisoner, has this day, been served with an order Judicial Form No.40 directing him to notify his residence to the Police for year ……from this date. (See Rule 131) The following address was furnished by the prisoner on release:- Street Village WARRANT OF RELEASE OF PRISONER ON APPEAL OR IN REVISION BY Taluk District THE HIGH COURT Superintendent The order has been duly served on me. (Sections 388 and 405, Cr.P.C.) Signature or left thumb-impression IN THE COURT OF........................ of the prisoner Prison To Dated ……20.. Prison I hereby certify that the sentence passed The Superintendent / Officer in charge of the…………. Prison at …....................... Date of admission to prison on the prisoner named in this warrant has been Number executed according to law and that he has, this day, been released from custody on*…. or Name having earned …. days’ remission. Sentence Whereas, on the .................. day of …............ 20..., the prisoner in Case Date of sentence No........of the Calendar for 20...., was convicted before me, the Sessions Judge / Date of release Prison Magistrate of …...................... for the offence of …............ punishable under Section …......... of the Indian Penal Code/Act No..... of ….. and was sentenced to Dated 20 .. . …............................ and whereas, the sentence was confirmed/modified by me, the Release on bail or escape and re-admission may be noted below:- Sessions Judge/Magistrate on appeal and whereas, the said sentence/said sentence as so confirmed or modified on appeal, has been reversed by the High Court of Jailor Superintendent Judicature at Madras on appeal/in revision. NOTE.–In filling up the particulars under head “5. Previous occupation” in respect of females, Courts shall use the same classes of previous occupation as are adopted for males. This is to authorize and require you to release the said prisoner ….................... NOTE.–In the case of a Judgment or order passed by the High Court on a revision petition from your custody unless he is liable to be detained for some other cause. against the finding, sentence or order of an appellate Court, the appellate Court and not the trial Court should give directions to the Superintendent or the Officer-in-charge of the prison. Given under my hand and the seal of the Court, this …............ day of 20.. . …............................................................................................................................................................. Seal *Appeal/Expiry of sentence/bail Sessions Judge/Magistrate N.B. – The Superintendent, …..….. Prison, should at once return the warrant with which the prisoner was committed to his custody. Note: In the case of a judgment or order passed by the High Court on a revision petition against the finding, sentence or order of an appellate Court, the appellate Court and not the trail court should give directions to the Superintendent or Officer-in- charge of the Prison.248 Judicial Form No.41 Judicial Form No. 42 (See Rule 125) (See Rule 16) FORM OF AN ORDER SUSPENDING SENTENCE BAIL BOND (Section 389 or 441, Cr.P.C.) (Section 389, Cr.P.C.) IN THE COURT OF …......... (a)IN THE COURT OF …...................... The ….... day of …....... 20..... Criminal Appeal/Sessions Case No. …. of ….. Petition of Appeal No. ….. of 20... , against the conviction and sentence by the …...... (Criminal Miscellaneous Petition No.........of 20.........) Magistrate of ….......... under Section …..... of the Indian Penal Code/ Act No...... of …... in Case No............. of the Calendar for 20... Calendar / Sessions Case No. ……. of 20…..on the file of the … Magistrate/Sessions Appellant. Judge of ….…..... vs. State versus…. Respondent Accused Application having been made to this Court by the Appellant for the suspension To of the sentence passed upon him, upon perusing the petition of appeal and the copy of the judgment of the Lower Court, and upon hearing …..................................., I do (b)THE COURT OF …........................ order that as respects the said …..........................................., the said sentence be suspended until the further order of this Court in the appeal. Whereas I have been convicted/committed by the …..... Magistrate/Sessions Judge of …............ of the offence/on a charge of …….. punishable under Section ….. of the Indian Penal Code/Act …. of ….... and sentenced to rigorous imprisonment for Seal …..... and to pay a fine of Rs. ….. in the above case and whereas, I have, on preferring the above appeal/petition, been admitted to bail by the said Court of (a) …............ in its order, dated the …....... day of 20.... Sessions Judge/Magistrate I do hereby bind myself to attend before the said Court or any other Court to which the appeal or the Sessions Case may be transferred at 11 a.m. on …. (day), the To ….. day of 20....., or whenever required by the said Court or the ….......... Court of (b) ……. pending, execution of the order of the Court of Appeal/Trial The Superintendent of the ….... Prison at …........... and in the case of my making default herein, I bind myself to forfeit to the State, the sum of Rupees …............. Dated this ….... day of …........20 …... (Signature and thumb-impression of the accused.)249 Judicial Form No.41 Judicial Form No. 42 (See Rule 125) (See Rule 16) FORM OF AN ORDER SUSPENDING SENTENCE BAIL BOND (Section 389 or 441, Cr.P.C.) (Section 389, Cr.P.C.) IN THE COURT OF …......... (a)IN THE COURT OF …...................... The ….... day of …....... 20..... Criminal Appeal/Sessions Case No. …. of ….. Petition of Appeal No. ….. of 20... , against the conviction and sentence by the …...... (Criminal Miscellaneous Petition No.........of 20.........) Magistrate of ….......... under Section …..... of the Indian Penal Code/ Act No...... of …... in Case No............. of the Calendar for 20... Calendar / Sessions Case No. ……. of 20…..on the file of the … Magistrate/Sessions Appellant. Judge of ….…..... vs. State versus…. Respondent Accused Application having been made to this Court by the Appellant for the suspension To of the sentence passed upon him, upon perusing the petition of appeal and the copy of the judgment of the Lower Court, and upon hearing …..................................., I do (b)THE COURT OF …........................ order that as respects the said …..........................................., the said sentence be suspended until the further order of this Court in the appeal. Whereas I have been convicted/committed by the …..... Magistrate/Sessions Judge of …............ of the offence/on a charge of …….. punishable under Section ….. of the Indian Penal Code/Act …. of ….... and sentenced to rigorous imprisonment for Seal …..... and to pay a fine of Rs. ….. in the above case and whereas, I have, on preferring the above appeal/petition, been admitted to bail by the said Court of (a) …............ in its order, dated the …....... day of 20.... Sessions Judge/Magistrate I do hereby bind myself to attend before the said Court or any other Court to which the appeal or the Sessions Case may be transferred at 11 a.m. on …. (day), the To ….. day of 20....., or whenever required by the said Court or the ….......... Court of (b) ……. pending, execution of the order of the Court of Appeal/Trial The Superintendent of the ….... Prison at …........... and in the case of my making default herein, I bind myself to forfeit to the State, the sum of Rupees …............. Dated this ….... day of …........20 …... (Signature and thumb-impression of the accused.)250 Judicial Form No. 43 We, the marginally named persons, hereby declare ourselves sureties for the (See Rule 300) abovenamed accused, and we do hereby bind ourselves to produce him before the said NOTICE Court or any other Court to which the appeal or the Sessions Case may be transferred or the Court of …....... (b)...................on the day fixed or whenever called upon by the (Section 403, Cr.P.C.) said Court or the Court of (b) ….... pending execution of the order of the Court of appeal/trial and in case of our making default therein, we, the said sureties hereby IN THE COURT OF …............. bind ourselves to forfeit to the State, each of us, the sum of Rupees.............. Criminal Revision Petition No. …...... of 20...... Signature of the sureties. To Executed this …... day of .......... 20 … The Petitioner. Sessions Judge/Magistrate The Respondent. To The Public Prosecutor. The Superintendent, …..... Prison at ………. (To obtain the signature of the accused and return the bail bond for record Notice is hereby given that the above petition presented for revision of the order of in this office.) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– the …................ under section …............Code of Criminal Procedure, 1973 (Central Sureties Act 2 of 1974) will be heard at …..................on the ….... day of ….. 20.. at ….. a.m. Father’s Number Name Caste Age Calling Residence Remarks name The .... day of ………..20 … . Note – (a) The name of the Court in which the appeal or Sessions Case is filed should Sessions Judge/Chief Judicial Magistrate be entered. (b) The name of the Court to the satisfaction of which bail is furnished should be entered. When the appeal or the Sessions Case is transferred to another Court, the Court from which the appeal or the Sessions case is transferred shall inform the accused and the sureties of such transfer.251 Judicial Form No. 43 (See Rule 300) NOTICE (Section 403, Cr.P.C.) IN THE COURT OF …............. Criminal Revision Petition No. …...... of 20...... To The Petitioner. The Respondent. The Public Prosecutor. Notice is hereby given that the above petition presented for revision of the order of the …................ under section …............Code of Criminal Procedure, 1973 (Central Act 2 of 1974) will be heard at …..................on the ….... day of ….. 20.. at ….. a.m. The .... day of ………..20 … . Sessions Judge/Chief Judicial Magistrate252 Judicial Form No.44 Judicial Form No.45 (See Rule 300) (See Rules 70 and 208) NOTICE FORM OF WARRANT ON A SENTENCE OF IMPRISONMENT FOR LIFE (Section 418, Criminal Procedure Code) (Sections 408 to 412, Cr.P.C.) IN THE COURT OF SESSION,...............DIVISION IN THE COURT OF THE ….......... MAGISTRATE OF ….......... To The Superintendent of the …......... Prison at …....................... Petitioner Respondent Whereas at the Sessions held before me on the …......day of …......20.... , prisoner in Complainant/ Accused/Complainant in Case No............of the Calendar 20…. at the said sessions (Crime No...of ….........Police Accused in C.C.No.......of 20 …..., C.C.No........of 20 ... Station) was duly convicted of the offence under Section …. of the Indian Penal Code/ Act on the file of the Magistrate of ….. on the file of the Magistrate of ….. No.... of …... and was sentenced to imprisonment for ….................................... This is to authorize and require you the said Superintendent to receive the said Take notice that an application has been made to this Court for the transfer of C.C.No........ of 20...., on the file of the ….......... Magistrate of ….......... and that the ….......... into your custody in the said prison together with this warrant and there safely to application will be heard on the …. day of 20 …., at …...a.m. keep him until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life under the aforesaid sentence. Station : Dated : ......... 20.... I.*Diet- Judge/Magistrate (a) the diet to which the prisoner was accustomed according to his own statement…… (b) the diet recommended by the Sessions Judge……….. (c) Brief reasons if rice or wheat is recommended………………… II. The distance from the prisoner’s residence to the nearest railway station / prison is ….kms.. The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the prisoner’s residence is …... kms. (b) from the bus stand nearest to the prisoner’s residence to his residence is …...kms.. The amount of bus fare under (a) above is Rs............. _________________________________________________________________________ * Particulars to be entered in the Sessions Judge’s own handwriting253 Judicial Form No.44 Judicial Form No.45 (See Rule 300) (See Rules 70 and 208) NOTICE FORM OF WARRANT ON A SENTENCE OF IMPRISONMENT FOR LIFE (Section 418, Criminal Procedure Code) (Sections 408 to 412, Cr.P.C.) IN THE COURT OF SESSION,...............DIVISION IN THE COURT OF THE ….......... MAGISTRATE OF ….......... To The Superintendent of the …......... Prison at …....................... Petitioner Respondent Whereas at the Sessions held before me on the …......day of …......20.... , prisoner in Complainant/ Accused/Complainant in Case No............of the Calendar 20…. at the said sessions (Crime No...of ….........Police Accused in C.C.No.......of 20 …..., C.C.No........of 20 ... Station) was duly convicted of the offence under Section …. of the Indian Penal Code/ Act on the file of the Magistrate of ….. on the file of the Magistrate of ….. No.... of …... and was sentenced to imprisonment for ….................................... This is to authorize and require you the said Superintendent to receive the said Take notice that an application has been made to this Court for the transfer of C.C.No........ of 20...., on the file of the ….......... Magistrate of ….......... and that the ….......... into your custody in the said prison together with this warrant and there safely to application will be heard on the …. day of 20 …., at …...a.m. keep him until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life under the aforesaid sentence. Station : Dated : ......... 20.... I.*Diet- Judge/Magistrate (a) the diet to which the prisoner was accustomed according to his own statement…… (b) the diet recommended by the Sessions Judge……….. (c) Brief reasons if rice or wheat is recommended………………… II. The distance from the prisoner’s residence to the nearest railway station / prison is ….kms.. The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the prisoner’s residence is …... kms. (b) from the bus stand nearest to the prisoner’s residence to his residence is …...kms.. The amount of bus fare under (a) above is Rs............. _________________________________________________________________________ * Particulars to be entered in the Sessions Judge’s own handwriting254 The order has been duly served on me. III. Details of the property on the person of the prisoner. Signature or left-thumb IV. I hereby certify that …......of the fine has been recovered. Impression of the prisoner. Prison V. Descriptive roll. Dated ………. 20… Name Prison Particulars of previous convictions Father’s Name Date of Admission to Prison I hereby certify that the sentence Number passed on the prisoner named in Section and Sentence Court Sex, married or single Name this warrant has been executed Code Race, religion and caste Sentence according to law and that he has Date of Sentence this day been released from Previous occupation Date of release custody on*................... Age or having earned..... days’ remission. Descriptive marks Prison Given under my hand and the seal of the Court, this …..day of …........ 20... Dated …………..20………… Release on bail by Court 1. Order Number and date. Jailor. 2. Date of actual release 3. Date of re-arrest Release on bail or escape and re-admission may be noted below. Sessions Judge Seal Superintendent The prisoner was transferred to ….….. Prison on …............ under Inspector-General’s _______________________________________________________________________ Order No. …... dated …...20... . Remission earned up to the end of the preceding quarter is * Appeal/Expiry of sentence/Bail. .... days. Superintendent The prisoner was transferred to ……….…. Prison on …………….. under Rule 579 of the Tamil Nadu Prison Manual, Volume II. Remission earned up to the end of the preceding quarter is …... days. Superintendent I hereby certify that within named prisoner has this day been served with an order directing him to notify his residence to the Police for ........years from this date. The following address was furnished by the prisoner on release:- Street ….............. Village.................. Taluk …............... District.............. Superintendent255 The order has been duly served on me. Signature or left-thumb Impression of the prisoner. Prison Dated ………. 20… Prison Date of Admission to Prison I hereby certify that the sentence Number passed on the prisoner named in Name this warrant has been executed Sentence according to law and that he has Date of Sentence this day been released from Date of release custody on*................... or having earned..... days’ remission. Prison Dated …………..20………… Jailor. Release on bail or escape and re-admission may be noted below. Superintendent _______________________________________________________________________ * Appeal/Expiry of sentence/Bail.256 Judicial Form No.46 (C) Name and address of the employer, if the : Surety is in service [See Rule 14(4)] Full address of the place of service : Amount of monthly pay and allowances : APPLICATION FOR SURETYSHIP drawn IN THE COURT OF THE .......................... JUDGE/MAGISTRATE................. Length of service with the employer : Amount of Provident Fund; if any, at : Miscellaneous Petition No. .. . . . of ...... 20... Surety's credit in Case No.. . . . of ........ 20 (D) Full particulars of house property owned, if : any, its location, rateable value and the State represented by........ Complainant Surety's share or interest therein and (Cr. No. …. of 20.... of …........ Police Station) whether it is in any way encumbered. vs. ............. Accused (E) Amount of Income Tax paid during each of : the last three years I (Name of Surety) . . . . . . . . . . . . . solemnly affirm and state as follows: Banking accounts, if any : Amounts now lying in each Banking : 1 I beg to offer myself as a Surety for Accused No.... (Full name of the account: accused)............................. who is charged under Section ...................... and who has been ordered to be released on bail in the sum of Rs...................... (in words) with the ................. Surety/sureties in the like amount, by the Judge/Magistrate, …......... on ................. 20 ........ (F) Length of time for which the Surety has : known the Accused personally 2 I give below certain particulars concerning myself: Whether the surety is related to the : Accused, if so, how? (A) Full name of the Surety : Whether the Surety has stood surety for any : other person in the preceding six months. Qualifications, if any : If so, state the names of the parties; the Full residential address amount for which the Surety has stood surety for them: the Court and the number Period for which Surety has been residing at : of the case against those accused; and the above address whether the case or cases against those Rent paid for the residence : persons are pending or have concluded; Whether the rent bill/property tax receipt of : Whether the Surety has, at any time, made : the residence stands in the Surety's name an application for suretyship which was rejected, if so, give the particulars thereof; (B) Occupation or business : Whether the surety is (or has been) involved : Full business address : in any Civil litigation. Nature and extent of business and surety's : Whether the Surety himself has been : share therein concerned in any case as an accused person, if so, give particulars of the case. Rent paid for the place of business : Whether the rent bill/property tax receipt of : (G) Any other particulars in regard to the status : the place of business stands in the Surety's of the Surety or his income and assets, name which the Surety may desire to give:257 Judicial Form No.46 (C) Name and address of the employer, if the : Surety is in service [See Rule 14(4)] Full address of the place of service : Amount of monthly pay and allowances : APPLICATION FOR SURETYSHIP drawn IN THE COURT OF THE .......................... JUDGE/MAGISTRATE................. Length of service with the employer : Amount of Provident Fund; if any, at : Miscellaneous Petition No. .. . . . of ...... 20... Surety's credit in Case No.. . . . of ........ 20 (D) Full particulars of house property owned, if : any, its location, rateable value and the State represented by........ Complainant Surety's share or interest therein and (Cr. No. …. of 20.... of …........ Police Station) whether it is in any way encumbered. vs. ............. Accused (E) Amount of Income Tax paid during each of : the last three years I (Name of Surety) . . . . . . . . . . . . . solemnly affirm and state as follows: Banking accounts, if any : Amounts now lying in each Banking : 1 I beg to offer myself as a Surety for Accused No.... (Full name of the account: accused)............................. who is charged under Section ...................... and who has been ordered to be released on bail in the sum of Rs...................... (in words) with the ................. Surety/sureties in the like amount, by the Judge/Magistrate, …......... on ................. 20 ........ (F) Length of time for which the Surety has : known the Accused personally 2 I give below certain particulars concerning myself: Whether the surety is related to the : Accused, if so, how? (A) Full name of the Surety : Whether the Surety has stood surety for any : other person in the preceding six months. Qualifications, if any : If so, state the names of the parties; the Full residential address amount for which the Surety has stood surety for them: the Court and the number Period for which Surety has been residing at : of the case against those accused; and the above address whether the case or cases against those Rent paid for the residence : persons are pending or have concluded; Whether the rent bill/property tax receipt of : Whether the Surety has, at any time, made : the residence stands in the Surety's name an application for suretyship which was rejected, if so, give the particulars thereof; (B) Occupation or business : Whether the surety is (or has been) involved : Full business address : in any Civil litigation. Nature and extent of business and surety's : Whether the Surety himself has been : share therein concerned in any case as an accused person, if so, give particulars of the case. Rent paid for the place of business : Whether the rent bill/property tax receipt of : (G) Any other particulars in regard to the status : the place of business stands in the Surety's of the Surety or his income and assets, name which the Surety may desire to give:258 3 I produce the following proof in support of my statements and give particulars of the same as Judicial Form No. 47 below (See Rule 300) Rent bills of place of residence, Ration Card, Rent bills of place of business WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED Deed of partnership or other documents relating to business, Certificate from the employer, PERSON ADMITTED TO BAIL Certificate of amount in the Provident Fund, Title Deeds of properties, Municipality/Panchayat bills of the Properties, Bank pass books, Income Tax payment receipts (Section 446, Cr.P.C.) Other proof IN THE COURT OF …................. 3A As per sub-rule (4) of rule 14, I produce one of the following documents mentioned below: Case No..........of 20.... (i)Passport To (ii)Identify card issued by the Election Commission of India The Superintendent/Officer-in-charge of the Civil Prison at …................ (iii)Permanent Account Number Card i.e., PAN Card issued by the Income Tax Department (iv)ATM /Debit Card or Credit Card issued by any Nationalised or Private Bank of standing Whereas …..................................... of …....................... has bound himself as a at the National Level, having photograph of the holder thereon may be accepted in surety for the appearance of …...............and the said...........................has therein made conjunction with any other authentic document like telephone bill or electric bill as proof of default whereby the penalty mentioned in the bond has been forfeited to the State and residential address. whereas the said …................... has, on due notice to him, failed to pay the said sum (v) Identity Card issued by the Government Authorities or the Public Statutory Corporations. or show any sufficient cause why payment should not be enforced against him, and (vi)Any such document, which is ordinarily issued by an Authority after due verification of the same cannot be recovered by attachment and sale of movable property of his, and the identity of the person and his address, which the Judge or the Magistrate may think just an order has been made for his imprisonment in the Civil Prison for …............ and proper, in the interest of justice, by recording specific reasons. This is to authorize and require you, the said Superintendent/Officer-in-charge (3B) As per sub-rule (6) of Rule 14, I produce two copies of my latest passport size photograph. to receive the said …............................................................... into your custody with this warrant and safely to keep him in the said prison, for the said period of ............................... and to return this warrant with an endorsement certifying the manner of its execution. 4 I hereby declare that I have not stood surety before/stood surety for …........ person (give all the relevant particulars) Given under my hand and seal of the Court, this …... day of ….. 20... 5 I pray that I may be accepted as a Surety for the above mentioned accused in the sum of Rs........................ (in words) .................. Judge/Magistrate Seal. Solemnly affirmed at .................. this........ day of …..... 20 ...... Identified by: Before me: Signature of Surety (Signature of Surety Advocate)259 3 I produce the following proof in support of my statements and give particulars of the same as Judicial Form No. 47 below (See Rule 300) Rent bills of place of residence, Ration Card, Rent bills of place of business WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED Deed of partnership or other documents relating to business, Certificate from the employer, PERSON ADMITTED TO BAIL Certificate of amount in the Provident Fund, Title Deeds of properties, Municipality/Panchayat bills of the Properties, Bank pass books, Income Tax payment receipts (Section 446, Cr.P.C.) Other proof IN THE COURT OF …................. 3A As per sub-rule (4) of rule 14, I produce one of the following documents mentioned below: Case No..........of 20.... (i)Passport To (ii)Identify card issued by the Election Commission of India The Superintendent/Officer-in-charge of the Civil Prison at …................ (iii)Permanent Account Number Card i.e., PAN Card issued by the Income Tax Department (iv)ATM /Debit Card or Credit Card issued by any Nationalised or Private Bank of standing Whereas …..................................... of …....................... has bound himself as a at the National Level, having photograph of the holder thereon may be accepted in surety for the appearance of …...............and the said...........................has therein made conjunction with any other authentic document like telephone bill or electric bill as proof of default whereby the penalty mentioned in the bond has been forfeited to the State and residential address. whereas the said …................... has, on due notice to him, failed to pay the said sum (v) Identity Card issued by the Government Authorities or the Public Statutory Corporations. or show any sufficient cause why payment should not be enforced against him, and (vi)Any such document, which is ordinarily issued by an Authority after due verification of the same cannot be recovered by attachment and sale of movable property of his, and the identity of the person and his address, which the Judge or the Magistrate may think just an order has been made for his imprisonment in the Civil Prison for …............ and proper, in the interest of justice, by recording specific reasons. This is to authorize and require you, the said Superintendent/Officer-in-charge (3B) As per sub-rule (6) of Rule 14, I produce two copies of my latest passport size photograph. to receive the said …............................................................... into your custody with this warrant and safely to keep him in the said prison, for the said period of ............................... and to return this warrant with an endorsement certifying the manner of its execution. 4 I hereby declare that I have not stood surety before/stood surety for …........ person (give all the relevant particulars) Given under my hand and seal of the Court, this …... day of ….. 20... 5 I pray that I may be accepted as a Surety for the above mentioned accused in the sum of Rs........................ (in words) .................. Judge/Magistrate Seal. Solemnly affirmed at .................. this........ day of …..... 20 ...... Identified by: Before me: Signature of Surety (Signature of Surety Advocate)260 Descriptive roll. Judicial Form No. 48 1.Name. (See Rule 300) 2.Father’s name. WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE 3.Sex, married or single. PEACE OR TO BE OF GOOD BEHAVIOUR OR TO APPEAR BEFORE 4.Race, Religion and Caste. A COURT 5.Previous occupation. (Section 446, Cr.P.C.) 6.Age, IN THE COURT OF THE …..........MAGISTRATE OF …..... 7.Descriptive marks. *Diet- Case No............... of 20.... To (a) the diet to which the prisoner was accustomed according to his own The Superintendent/Officer-in-charge of the Civil Prison at ….............. statement ……………. (b) the diet recommended by the Sessions Judge/ Magistrate……………….. Whereas proof has been given before me and duly recorded thathas committed (c) brief reasons if rice or wheat is recommended. …………..…. a breach of the bond entered into by him to be of good behavior/to keep the peace (or The distance from the prisoner’s residence to the nearest railway station / Prison to appear before the Court of …........... on ….................. ) whereby he has forfeited to is ….... kms. the State the sum of Rupees ….....................and whereas the said ….................... has The distance (a) by bus from the nearest railway station/prison to the bus stand failed to pay the said sum or to show cause why the said sum should not be paid, nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to his residence is ………kms. although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property and an order has been made for the imprisonment The amount of bus fare under (a) above is Rs……… of the said …............ in the Civil Prison for the period of ….............. Details of the property on the person of the prisoner. This is to authorize and require you, the said Superintendent/Officer-in-charge Judge/Magistrate of the said Civil Prison to receive the said …............... into your Custody, together NOTE: In filling up the particulars under the head “5. Previous Occupation” in with this warrant, and safely to keep him in the said Prison for the said period of ….... respect of females, Courts shall use the same classes of previous occupation as are adopted for males. and to return this warrant with an endorsement certifying the manner of its execution. Given under my hand and seal of the Court, this ... day of ….....20.. *Particulars to be entered in the Session Judges/Magistrate's own handwriting. Magistrate. Seal261 Descriptive roll. Judicial Form No. 48 1.Name. (See Rule 300) 2.Father’s name. WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE 3.Sex, married or single. PEACE OR TO BE OF GOOD BEHAVIOUR OR TO APPEAR BEFORE 4.Race, Religion and Caste. A COURT 5.Previous occupation. (Section 446, Cr.P.C.) 6.Age, IN THE COURT OF THE …..........MAGISTRATE OF …..... 7.Descriptive marks. *Diet- Case No............... of 20.... To (a) the diet to which the prisoner was accustomed according to his own The Superintendent/Officer-in-charge of the Civil Prison at ….............. statement ……………. (b) the diet recommended by the Sessions Judge/ Magistrate……………….. Whereas proof has been given before me and duly recorded thathas committed (c) brief reasons if rice or wheat is recommended. …………..…. a breach of the bond entered into by him to be of good behavior/to keep the peace (or The distance from the prisoner’s residence to the nearest railway station / Prison to appear before the Court of …........... on ….................. ) whereby he has forfeited to is ….... kms. the State the sum of Rupees ….....................and whereas the said ….................... has The distance (a) by bus from the nearest railway station/prison to the bus stand failed to pay the said sum or to show cause why the said sum should not be paid, nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to his residence is ………kms. although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property and an order has been made for the imprisonment The amount of bus fare under (a) above is Rs……… of the said …............ in the Civil Prison for the period of ….............. Details of the property on the person of the prisoner. This is to authorize and require you, the said Superintendent/Officer-in-charge Judge/Magistrate of the said Civil Prison to receive the said …............... into your Custody, together NOTE: In filling up the particulars under the head “5. Previous Occupation” in with this warrant, and safely to keep him in the said Prison for the said period of ….... respect of females, Courts shall use the same classes of previous occupation as are adopted for males. and to return this warrant with an endorsement certifying the manner of its execution. Given under my hand and seal of the Court, this ... day of ….....20.. *Particulars to be entered in the Session Judges/Magistrate's own handwriting. Magistrate. Seal262 Descriptive roll. Judicial Form No.49 1.Name. (See Rule 300) 2.Father’s name. WARRANT OF IMPRISIONMENT ON FORFEITURE OF BOND FOR GOOD 3.Sex, married or single. BEHAVIOUR OR TO KEEP THE PEACE 4.Race, Religion and Caste. (Section 446, Cr.P.C.) 5.Previous occupation. IN THE COURT OF THE …....... MAGISTRATE OF …............ 6.Age, Case No. ….. of 20..... 7.Descriptive marks. To *Diet- The Superintendent/Officer-in-charge of the Civil Prison at …........ (a) the diet to which the prisoner was accustomed according to his own statement ……………. Whereas, …......................... did, on the …........ day of …..... 20 …., give (b) the diet recommended by the Sessions Judge/ Magistrate……………….. security by bond in the sum of Rupees …... that ….... should be of good (c) brief reasons if rice or wheat is recommended. …………..…. behaviour/keep the peace and proof of the breach of the said bond has been given The distance from the prisoner’s residence to the nearest railway station / Prison before me and duly recorded whereby the said …...... has forfeited to the State the is ….... kms. sum of Rupees........ and whereas he has failed to pay the said sum or to show cause The distance (a) by bus from the nearest railway station/prison to the bus stand why the said sum should not be paid, although duly called upon to do so, and payment nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to his residence is ………kms. thereof cannot be enforced by attachment of his movable property and an order has been made for the imprisonment of the said ….... in the Civil Prison for the period of The amount of bus fare under (a) above is Rs……… …... Details of the property on the person of the prisoner This is to authorize and require you, the said Superintendent/Officer-in-charge to receive the said ….......................... into your custody together with this warrant and Magistrate. safely to keep him in the said Prison for the said period of …............. returning this NOTE- In filling up the particulars under the head “5. Previous warrant with an endorsement certifying the manner of its execution. Occupation” in respect of females, Courts shall use the same classes of previous occupation as are adopted for males. Given under my hand and the seal of the Court, this ….. day of ….. 20... Seal *Particulars to be entered in the Magistrate's own handwriting. Magistrate263 Descriptive roll. Judicial Form No.49 1.Name. (See Rule 300) 2.Father’s name. WARRANT OF IMPRISIONMENT ON FORFEITURE OF BOND FOR GOOD 3.Sex, married or single. BEHAVIOUR OR TO KEEP THE PEACE 4.Race, Religion and Caste. (Section 446, Cr.P.C.) 5.Previous occupation. IN THE COURT OF THE …....... MAGISTRATE OF …............ 6.Age, Case No. ….. of 20..... 7.Descriptive marks. To *Diet- The Superintendent/Officer-in-charge of the Civil Prison at …........ (a) the diet to which the prisoner was accustomed according to his own statement ……………. Whereas, …......................... did, on the …........ day of …..... 20 …., give (b) the diet recommended by the Sessions Judge/ Magistrate……………….. security by bond in the sum of Rupees …... that ….... should be of good (c) brief reasons if rice or wheat is recommended. …………..…. behaviour/keep the peace and proof of the breach of the said bond has been given The distance from the prisoner’s residence to the nearest railway station / Prison before me and duly recorded whereby the said …...... has forfeited to the State the is ….... kms. sum of Rupees........ and whereas he has failed to pay the said sum or to show cause The distance (a) by bus from the nearest railway station/prison to the bus stand why the said sum should not be paid, although duly called upon to do so, and payment nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to his residence is ………kms. thereof cannot be enforced by attachment of his movable property and an order has been made for the imprisonment of the said ….... in the Civil Prison for the period of The amount of bus fare under (a) above is Rs……… …... Details of the property on the person of the prisoner This is to authorize and require you, the said Superintendent/Officer-in-charge to receive the said ….......................... into your custody together with this warrant and Magistrate. safely to keep him in the said Prison for the said period of …............. returning this NOTE- In filling up the particulars under the head “5. Previous warrant with an endorsement certifying the manner of its execution. Occupation” in respect of females, Courts shall use the same classes of previous occupation as are adopted for males. Given under my hand and the seal of the Court, this ….. day of ….. 20... Seal *Particulars to be entered in the Magistrate's own handwriting. Magistrate264 Descriptive roll Judicial Form No.50 (See Rule 300) 1.Name BOND FOR RETURN OF PROPERTY 2.Father’s/Husband’s Name [Sections 451 and 452, Cr.P.C.] 3.Sex, Married or Single 4.Race, religion and caste IN THE COURT OF THE SESSIONS JUDGE/MAGISTRATE OF …................. 5.Previous occupation 6.Age Calendar / Sessions Case No. …. of 20… 7.Descriptive marks State represented by the ………….. Complainant versus Descriptive marks. …………… Accused *Diet- Whereas, I, ………, S/o ……….., residing at ………….., have received the property (a) the diet to which the prisoner was accustomed according to his own or documents noted below in pursuance of the order of the Court dated…...... and hereby statement ……………. bind myself that I will return the said property or documents to the Court when called on to (b) the diet recommended by the Sessions Judge/ Magistrate……………….. do, if order passed in the case is modified or set aside on appeal; and in the case of my (c) brief reasons if rice or wheat is recommended. …………..…. default herein, I, bind myself to forfeit to the State the sum of ….... Rupees. The distance from the prisoner’s residence to the nearest railway station / Prison Signature is ….... kms. EXECUTED BEFORE ME Presiding Officer/Judge/Magistrate The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the Whereas …............. has received the property or documents Noted below in prisoner’s residence to his residence is ………kms. pursuance of the order of the Court, dated …...... The amount of bus fare under (a) above is Rs……… We (1) …............ residing at …........... and (2) …...................... residing at ….......... hereby bind ourselves jointly and severally that the said …......................... Details of the property on the person of the prisoner will return the said property or document to the Court when called on to do, if the order Magistrate. passed in the case is modified or set aside on appeal; and in the case of the said …...... making default herein, we, the said (1) ….......... and (2) …............ bind ourselves jointly and severally to forfeit to the State the sum of ….... Rupees. Note – In filing up the particulars under the head “5. Previous Occupation” in respect Signature (1)………….. of females, Courts shall use the same classes of previous occupation as are adopted for males. (2)…………… List of properties or documents: __________________________________________________________________ ……………………………………… Executed before me. *Particulars to be entered in Magistrate’s own handwriting Presiding Officer/ Judge/Magistrate Station : Date: ……...... 20..265 Descriptive roll Judicial Form No.50 (See Rule 300) 1.Name BOND FOR RETURN OF PROPERTY 2.Father’s/Husband’s Name [Sections 451 and 452, Cr.P.C.] 3.Sex, Married or Single 4.Race, religion and caste IN THE COURT OF THE SESSIONS JUDGE/MAGISTRATE OF …................. 5.Previous occupation 6.Age Calendar / Sessions Case No. …. of 20… 7.Descriptive marks State represented by the ………….. Complainant versus Descriptive marks. …………… Accused *Diet- Whereas, I, ………, S/o ……….., residing at ………….., have received the property (a) the diet to which the prisoner was accustomed according to his own or documents noted below in pursuance of the order of the Court dated…...... and hereby statement ……………. bind myself that I will return the said property or documents to the Court when called on to (b) the diet recommended by the Sessions Judge/ Magistrate……………….. do, if order passed in the case is modified or set aside on appeal; and in the case of my (c) brief reasons if rice or wheat is recommended. …………..…. default herein, I, bind myself to forfeit to the State the sum of ….... Rupees. The distance from the prisoner’s residence to the nearest railway station / Prison Signature is ….... kms. EXECUTED BEFORE ME Presiding Officer/Judge/Magistrate The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the Whereas …............. has received the property or documents Noted below in prisoner’s residence to his residence is ………kms. pursuance of the order of the Court, dated …...... The amount of bus fare under (a) above is Rs……… We (1) …............ residing at …........... and (2) …...................... residing at ….......... hereby bind ourselves jointly and severally that the said …......................... Details of the property on the person of the prisoner will return the said property or document to the Court when called on to do, if the order Magistrate. passed in the case is modified or set aside on appeal; and in the case of the said …...... making default herein, we, the said (1) ….......... and (2) …............ bind ourselves jointly and severally to forfeit to the State the sum of ….... Rupees. Note – In filing up the particulars under the head “5. Previous Occupation” in respect Signature (1)………….. of females, Courts shall use the same classes of previous occupation as are adopted for males. (2)…………… List of properties or documents: __________________________________________________________________ ……………………………………… Executed before me. *Particulars to be entered in Magistrate’s own handwriting Presiding Officer/ Judge/Magistrate Station : Date: ……...... 20..266 Judicial Form No.52 Judicial Form No.51 (See Rule 300) (See Rule 300) PROCLAMATION RELATING TO UNCLAIMED PROPERTY NOTICE (Section 452, Cr.P.C.) (TO BE ISSUED UNDER SECTION 457, CR.P.C.) IN THE COURT OF THE …............ MAGISTRATE OF …..... PROCLAMATION is hereby made that …...........has been seized under the In C.C.No. ….....of 20.. provisions of section …........ of the Code of Criminal Procedure, 1973 (Central Act 2 To of 1974) at the house of ….......in the street of …... in the village / town of …........and …………………. is now lying at …..... in charge of …............... Notice is hereby given that the undermentioned property is ordered by the Court Any person having a claim to the aforesaid property is hereby required to of ........................... to be restored to you and that you should appear and take of it at an early date. appear before me and establish the same within six months of this date, failing which Description of the property the said property will be held at the disposal of Government and will be sold. Dated the ….. day of …......20... Magistrate Dated the ….... day of …......20 ... . Magistrate267 Judicial Form No.52 Judicial Form No.51 (See Rule 300) (See Rule 300) PROCLAMATION RELATING TO UNCLAIMED PROPERTY NOTICE (Section 452, Cr.P.C.) (TO BE ISSUED UNDER SECTION 457, CR.P.C.) IN THE COURT OF THE …............ MAGISTRATE OF …..... PROCLAMATION is hereby made that …...........has been seized under the In C.C.No. ….....of 20.. provisions of section …........ of the Code of Criminal Procedure, 1973 (Central Act 2 To of 1974) at the house of ….......in the street of …... in the village / town of …........and …………………. is now lying at …..... in charge of …............... Notice is hereby given that the undermentioned property is ordered by the Court Any person having a claim to the aforesaid property is hereby required to of ........................... to be restored to you and that you should appear and take of it at an early date. appear before me and establish the same within six months of this date, failing which Description of the property the said property will be held at the disposal of Government and will be sold. Dated the ….. day of …......20... Magistrate Dated the ….... day of …......20 ... . Magistrate268 Judicial Form No.53 Judicial Form No.54 (See Rule 42) (See Rule 300) DEPOSITION OF WITNESS (Chapter XXIII, Cr.P.C.) FORM OF ORDER FOR DETENTION OF YOUTHFUL/ADOLESCENT IN THE COURT OF …........................... OFFENDERS IN CERTIFIED/BORSTAL SCHOOLS Calendar Miscellaneous Preliminary Register Case No…….. of 20.. It is hereby found that (name of the offender) ……………. convicted by the Sessions …............... Law and sentenced to imprisonment is a youthful/adolescent offender Prosecution Depositions of …........witness for …........ Defence under …. years of age. Court Name He is hereby directed to be sent to a Junior/Senior/Borstal Certified School and Father’s name Village to be there detained for a period of ….. years. Taluk Caste Descriptive roll. 1. Name: Calling 2. Father's name/Husband's name Religion 3. Sex, married or single. 4. Race, religion and caste. Age 5. Previous occupation. 6. Age 7. Descriptive marks Solemnly affirmed in accordance with the provisions of the Oaths Act, 1969 (Central Act 44 of 1969) on the …... day of …... 20.... NOTE:- At least three marks of identification must be given. Signature of witness Name of the Interpreter: Dated this the ….... day of …....... 20....... Solemnly affirmed in accordance with the provisions of the Oaths Act, 1969 (Central Act 44 of 1969) on the …... day of …... 20.... Sessions Judge/Magistrate Seal Signature of Interpreter269 Judicial Form No.53 Judicial Form No.54 (See Rule 42) (See Rule 300) DEPOSITION OF WITNESS (Chapter XXIII, Cr.P.C.) FORM OF ORDER FOR DETENTION OF YOUTHFUL/ADOLESCENT IN THE COURT OF …........................... OFFENDERS IN CERTIFIED/BORSTAL SCHOOLS Calendar Miscellaneous Preliminary Register Case No…….. of 20.. It is hereby found that (name of the offender) ……………. convicted by the Sessions …............... Law and sentenced to imprisonment is a youthful/adolescent offender Prosecution Depositions of …........witness for …........ Defence under …. years of age. Court Name He is hereby directed to be sent to a Junior/Senior/Borstal Certified School and Father’s name Village to be there detained for a period of ….. years. Taluk Caste Descriptive roll. 1. Name: Calling 2. Father's name/Husband's name Religion 3. Sex, married or single. 4. Race, religion and caste. Age 5. Previous occupation. 6. Age 7. Descriptive marks Solemnly affirmed in accordance with the provisions of the Oaths Act, 1969 (Central Act 44 of 1969) on the …... day of …... 20.... NOTE:- At least three marks of identification must be given. Signature of witness Name of the Interpreter: Dated this the ….... day of …....... 20....... Solemnly affirmed in accordance with the provisions of the Oaths Act, 1969 (Central Act 44 of 1969) on the …... day of …... 20.... Sessions Judge/Magistrate Seal Signature of Interpreter270 Judicial Fom No. 55 [See Rules 201 and 204(C)(4)] ORDER FOR PAYMENT OF COMPENSATION MONEY I, ..........................., Magistrate of .............................................., hereby certify that ................. complainant in Calendar Case No........... of .................., on the file of my Court, is entitled to receive payment of Rs....................... from .............. Treasury, being the amount of compensation awarded to him under Section .......... of ...................... from the fine imposed on the prisoner in the said case and remitted into the above Treasury on ............in Challan No. .......... I further certify that: 1 the sentence and award are not subject to appeal, the award has been confirmed by the Appellate Court, the order as to compensation has been modified on appeal and the payment order is in conformity with such order, and 2 that no order has been received from the Court of Revision modifying or reversing the order of compensation or the order has been modified in revision and the payment order is in accordance with such order on revision. Dated ..... day of........ 20... Magistrate 65 .oN mroF laiciduJ )47 dna 07 seluR eeS( MUDNAROMEM siht yb deussi tnarraw eht ot ecnerefer htiW tnemnosirpmi suorogir s'htnom / s'raey ......ot decnetneS eht gnitcerid ,....02 ...… fo yad...… eht detad,truoC tnemyap fo tluafed ni dna............sR fo enif a yap ot dna no dessap ecnetnes deton yllanigram eht fo noitucexe .tnemnosirpmi suorogir rehtruf s'htnom / s'raey .......ot ,...02 fo...… .oN esaC radnelaC ni renosirp ......… seepuR fo mus eht taht nevig ybereh si noitamitni eht no desopmi enif eht fo trap/elohw eht gnieb ...… sah ....................................................................dias eb dluohs noitamitni siht fo tpieceR .dezilaer neeb eht no desrodne noitamrofni eht dna degdelwonkca .tnarraw ....02......… detaD /egduJ snoisseS etartsigaM oT ........ta ,nosirP .............… eht fo tnednetnirepuS ehT271 Judicial Fom No. 55 [See Rules 201 and 204(C)(4)] ORDER FOR PAYMENT OF COMPENSATION MONEY I, ..........................., Magistrate of .............................................., hereby certify that ................. complainant in Calendar Case No........... of .................., on the file of my Court, is entitled to receive payment of Rs....................... from .............. Treasury, being the amount of compensation awarded to him under Section .......... of ...................... from the fine imposed on the prisoner in the said case and remitted into the above Treasury on ............in Challan No. .......... I further certify that: 1 the sentence and award are not subject to appeal, the award has been confirmed by the Appellate Court, the order as to compensation has been modified on appeal and the payment order is in conformity with such order, and 2 that no order has been received from the Court of Revision modifying or reversing the order of compensation or the order has been modified in revision and the payment order is in accordance with such order on revision. Dated ..... day of........ 20... Magistrate 65 .oN mroF laiciduJ )47 dna 07 seluR eeS( MUDNAROMEM siht yb deussi tnarraw eht ot ecnerefer htiW tnemnosirpmi suorogir s'htnom / s'raey ......ot decnetneS eht gnitcerid ,....02 ...… fo yad...… eht detad,truoC tnemyap fo tluafed ni dna............sR fo enif a yap ot dna no dessap ecnetnes deton yllanigram eht fo noitucexe .tnemnosirpmi suorogir rehtruf s'htnom / s'raey .......ot ,...02 fo...… .oN esaC radnelaC ni renosirp ......… seepuR fo mus eht taht nevig ybereh si noitamitni eht no desopmi enif eht fo trap/elohw eht gnieb ...… sah ....................................................................dias eb dluohs noitamitni siht fo tpieceR .dezilaer neeb eht no desrodne noitamrofni eht dna degdelwonkca .tnarraw ....02......… detaD /egduJ snoisseS etartsigaM oT ........ta ,nosirP .............… eht fo tnednetnirepuS ehT272 Judicial Form No.57 Judicial Form No.58 [See Rule 30(5)] See Rule 264 (11) LETTER ACCOMPANYING A RECORD AND MEMORANDUM OF NOTICE TO TAKE BACK DOCUMENTS ACKNOWLEDGMENT IN THE COURT OF.......................................... Case No…………of 20… D. No…… of …… dated the ……… 20.. of Complainant/Appellant From …………. versus of Accused/Respondent To ……………… The parties in the above case are hereby required to take back into their custody Sir, within six months from the date hereof, the documents now in the custody of Court I am to forward / return herewith by* …….. the original record of the case, filed by them as evidence in the above case, the Judgment (or order) now having noted on the margin, + …… called for in/received with your ….. No……….. dated the …………… become final. The parties are hereby informed that the documents are kept at their own risk, that the Court, from this date declines all responsibility for their safe custody and that, if not taken back, they will be destroyed when the record is Signature and designation of the Officer. destroyed. Memorandum of acknowledgment Received the record forwarded with letter No……….. dated……… of 20… The ……day of ……………..20…. from the ……………………of ……………………….. Presiding Officer To Signature and designation of Receiving Officer. …………….. Dated:……………..20… . * Here state the method of despatch. + Note also on the margin, the number of files and pages in each file.273 Judicial Form No.57 Judicial Form No.58 [See Rule 30(5)] See Rule 264 (11) LETTER ACCOMPANYING A RECORD AND MEMORANDUM OF NOTICE TO TAKE BACK DOCUMENTS ACKNOWLEDGMENT IN THE COURT OF.......................................... Case No…………of 20… D. No…… of …… dated the ……… 20.. of Complainant/Appellant From …………. versus of Accused/Respondent To ……………… The parties in the above case are hereby required to take back into their custody Sir, within six months from the date hereof, the documents now in the custody of Court I am to forward / return herewith by* …….. the original record of the case, filed by them as evidence in the above case, the Judgment (or order) now having noted on the margin, + …… called for in/received with your ….. No……….. dated the …………… become final. The parties are hereby informed that the documents are kept at their own risk, that the Court, from this date declines all responsibility for their safe custody and that, if not taken back, they will be destroyed when the record is Signature and designation of the Officer. destroyed. Memorandum of acknowledgment Received the record forwarded with letter No……….. dated……… of 20… The ……day of ……………..20…. from the ……………………of ……………………….. Presiding Officer To Signature and designation of Receiving Officer. …………….. Dated:……………..20… . * Here state the method of despatch. + Note also on the margin, the number of files and pages in each file.274 Judicial Form No.59 Judicial Form No.60 [See Rule 276 (2)] (See Rules 81 and 82) CALENDAR AND JUDGMENT COURT’S CERTIFICATE TO BE GIVEN TO GOVERNMENT OR LOCAL FUND SERVANTS WHO ATTEND COURT AS WITNESSES (For use in cases where there is one or more accused person) IN THE COURT OF………………. District of.......................... Calendar of cases tried by the Metropolitan/Judicial Magistrate of Egmore / George Town / Saidapet / ……………….. Certified that * ……………………. + …………….. appeared before me as a witness on behalf of ………… in a Civil/Criminal Case for …… days from ……….. Date of ¥ Explanation of to ……………. in his …………….capacity to depose to facts within his ……… Comme Report or Apprehension Release Close of Sentence delay and remarks Offence ncement Complaint of accused on bail trial or order knowledge and that he has been paid $ …………….the undermentioned allowances:- oftrial As travelling allowance Rs…………….. As subsistence allowance Rs……………… Judgment in Calendar Case No…………… of 20….., on the file of the ……..Metropolitan Magistrate of Egmore/George Town/ Saidapet, Chennai /……….. Date. Magistrate of ………………… Presiding Officer of the Court Complainant ……………………… Note: (1) Government officers summoned to give evidence in their private capacity, Name of accused Age Father’s Name i.e., to depose to facts not coming to their knowledge in the course of their official duties or with which they have not had to deal officially, are not entitled to travelling Yrs. allowance from Government. (2) In civil cases to which the State is not a party, official witnesses appearing at the instance of a private party will be paid by the party through the Court and the fact certified as in the case of a payment by the State. Caste or religion Calling Residence Taluk * Name +Designation ¥ Here state whether official or Private $ If nothing is paid under either head, it should be clearly stated.275 Judicial Form No.59 Judicial Form No.60 [See Rule 276 (2)] (See Rules 81 and 82) CALENDAR AND JUDGMENT COURT’S CERTIFICATE TO BE GIVEN TO GOVERNMENT OR LOCAL FUND SERVANTS WHO ATTEND COURT AS WITNESSES (For use in cases where there is one or more accused person) IN THE COURT OF………………. District of.......................... Calendar of cases tried by the Metropolitan/Judicial Magistrate of Egmore / George Town / Saidapet / ……………….. Certified that * ……………………. + …………….. appeared before me as a witness on behalf of ………… in a Civil/Criminal Case for …… days from ……….. Date of ¥ Explanation of to ……………. in his …………….capacity to depose to facts within his ……… Comme Report or Apprehension Release Close of Sentence delay and remarks Offence ncement Complaint of accused on bail trial or order knowledge and that he has been paid $ …………….the undermentioned allowances:- oftrial As travelling allowance Rs…………….. As subsistence allowance Rs……………… Judgment in Calendar Case No…………… of 20….., on the file of the ……..Metropolitan Magistrate of Egmore/George Town/ Saidapet, Chennai /……….. Date. Magistrate of ………………… Presiding Officer of the Court Complainant ……………………… Note: (1) Government officers summoned to give evidence in their private capacity, Name of accused Age Father’s Name i.e., to depose to facts not coming to their knowledge in the course of their official duties or with which they have not had to deal officially, are not entitled to travelling Yrs. allowance from Government. (2) In civil cases to which the State is not a party, official witnesses appearing at the instance of a private party will be paid by the party through the Court and the fact certified as in the case of a payment by the State. Caste or religion Calling Residence Taluk * Name +Designation ¥ Here state whether official or Private $ If nothing is paid under either head, it should be clearly stated.276 Offence- Judicial Form No.61 Finding- (See Rule 106) IN THE COURT OF THE........................................................................ Sentence- JUDGMENT IN SESSIONS / CALENDAR CASE No.…… of …. Date of Receipt- ON THE FILE OF THE ………. SESSIONS COURT/MAGISTRATE OF ……….. Magistrate Complainant - From Accused - The ………Magistrate of ………. Offence - Remarks of the Chief Judicial Magistrate / Finding - Chief Metropolitan Magistrate Sentence - Description of the accused To Serial Father’s Caste or The District and Session Judge/ number Name Occupation Residence Age name race The Principal Judge (1) (2) (3) (4) (5) (6) (7) Through The Chief Judicial Magistrate / Chief Metropolitan Magistrate Date of Explanation Calendar Case No.……. of 20.. Apprehension Release on Commencement Close of Sentence or of delay Date of Judgment ………… Occurrence Complaint or appearance bail of trail trail order Date of despatch of Calendar …. (8) (9) (10) (11) (12) (13) (14) (15) Date of receipt …………. Date of Despatch: ………… Date of Receipt: ………… Remarks of the Chief Judicial Magistrate / Chief Metropolitan Magistrate Judge/Magistrate Reply of the …………… Magistrate, ………………. Date of Despatch: ………… Date of Receipt: …………277 Offence- Judicial Form No.61 Finding- (See Rule 106) IN THE COURT OF THE........................................................................ Sentence- JUDGMENT IN SESSIONS / CALENDAR CASE No.…… of …. Date of Receipt- ON THE FILE OF THE ………. SESSIONS COURT/MAGISTRATE OF ……….. Magistrate Complainant - From Accused - The ………Magistrate of ………. Offence - Remarks of the Chief Judicial Magistrate / Finding - Chief Metropolitan Magistrate Sentence - Description of the accused To Serial Father’s Caste or The District and Session Judge/ number Name Occupation Residence Age name race The Principal Judge (1) (2) (3) (4) (5) (6) (7) Through The Chief Judicial Magistrate / Chief Metropolitan Magistrate Date of Explanation Calendar Case No.……. of 20.. Apprehension Release on Commencement Close of Sentence or of delay Date of Judgment ………… Occurrence Complaint or appearance bail of trail trail order Date of despatch of Calendar …. (8) (9) (10) (11) (12) (13) (14) (15) Date of receipt …………. Date of Despatch: ………… Date of Receipt: ………… Remarks of the Chief Judicial Magistrate / Chief Metropolitan Magistrate Judge/Magistrate Reply of the …………… Magistrate, ………………. Date of Despatch: ………… Date of Receipt: …………278 Judicial Form No.62 Judicial Form No. 63 (See Rule 138) [See Rule 252 (6)(i)] IN THE COURT OF …................................ INDEX The…...... day of .......20…. IN THE COURT OF SESSION ……………. DIVISION PRESENT:- …………………….. Sessions Judge/Magistrate SESSIONS CASE No…… of 20… English part of Sessions record Judgment in Criminal Appeal No………. of …….. Serial From what Court the Appeal is preferred : Description of paper Page No. Number of the Case in that Court : 1 The Charge ……………………………….. Number of the Appeal : 2 The pleaof the accused ……………………….. Name and description of the Appellant : (1) The sentence and law under which it was imposed in the lower court: (2) 3 Record of oral evidence for prosecution- Whether confirmed, modified or reversed; and if modified the modification:  First witness  Second witness Date of, or on which  Third witness 4 Examination of accused Notice Bail bond if Appellant issued by appellant 5 Record or oral evidence for defence– Presentation Filing ordered to Hearing Order Court to has been let  First witness appear appear out on bail 6 Exhibits– (a)Documents used in evidence A.–– B.–– This appeal coming on for hearing before me, upon perusing the petition of (b)Material objects produced in evidence, appeal and the record of the evidence and proceedings, and upon duly considering the 7 Judgement ………………………………… same after hearing the ……….., I do adjudge and pass the following 8 Other miscellaneous papers : JUDGMENT Dated : Sessions Judge279 Judicial Form No.62 Judicial Form No. 63 (See Rule 138) [See Rule 252 (6)(i)] IN THE COURT OF …................................ INDEX The…...... day of .......20…. IN THE COURT OF SESSION ……………. DIVISION PRESENT:- …………………….. Sessions Judge/Magistrate SESSIONS CASE No…… of 20… English part of Sessions record Judgment in Criminal Appeal No………. of …….. Serial From what Court the Appeal is preferred : Description of paper Page No. Number of the Case in that Court : 1 The Charge ……………………………….. Number of the Appeal : 2 The pleaof the accused ……………………….. Name and description of the Appellant : (1) The sentence and law under which it was imposed in the lower court: (2) 3 Record of oral evidence for prosecution- Whether confirmed, modified or reversed; and if modified the modification:  First witness  Second witness Date of, or on which  Third witness 4 Examination of accused Notice Bail bond if Appellant issued by appellant 5 Record or oral evidence for defence– Presentation Filing ordered to Hearing Order Court to has been let  First witness appear appear out on bail 6 Exhibits– (a)Documents used in evidence A.–– B.–– This appeal coming on for hearing before me, upon perusing the petition of (b)Material objects produced in evidence, appeal and the record of the evidence and proceedings, and upon duly considering the 7 Judgement ………………………………… same after hearing the ……….., I do adjudge and pass the following 8 Other miscellaneous papers : JUDGMENT Dated : Sessions Judge280 Judicial Form No. 64 [See Rule 254 (2)] LIST OF MATERIAL OBJECTS IN THE COURT OF SESSION, ………… DIVISION. Sessions Case No. …….of 20…... (P.R.C. No. ……..of 20… on the file of the ………. Magistrate,……..) Item of Item of reference Mark Mark reference in in the letter Mark given in Given the letter to given by to the Description Remarks the in the the Chemical the Serologist Sessions Order of Examiner Serologist Court commitment (vide (vide Exhibit ) Exhibit ) 1 2 3 4 5 6 7 Sessions Court Serishtadar. NOTE: (a) The list should include all objects exhibited in the Sessions trial. (b) Every object should have affixed to it a label containing a brief description and the mark assigned to it in the Sessions Court. The label should be pasted on or securely fastened to the object. Each object should be kept in a separate cover or other receptacle. (c) The description in column 6 should be sufficiently full to secure easy identification. (d) Weapons should be accurately described by their specific names. (e) Valuables should be sent separately byinsured post. (f) Under column 7, it should be explained where or from whom the object is alleged by the prosecution to have been recovered. (g) The pasting of labels or the packing should not interfere with the marks of blood, etc., and detract from the probative value of the object.281 Judicial Form No. 64 Judicial Form No. 65 [See Rule 254 (2)] [See Rule 252(6)(ii)] INDEX LIST OF MATERIAL OBJECTS IN THE COURT OF SESSION, ………..DIVISION IN THE COURT OF SESSION, ………… DIVISION. Session Case No. ……….of 20…. Sessions Case No. …….of 20…... (Part of Sessions Records in Regional Language) (P.R.C. No. ……..of 20… on the file of the ………. Magistrate,……..) S.No. Description of paper Page Item of 1 The Charge ……………………………….. Item of reference Mark Mark reference in in the letter Mark 2 The plea of the accused ……………………….. given in Given the letter to given by to the Description Remarks (1) the in the the Chemical the Serologist Sessions Order of Examiner Serologist (2) Court commitment (vide (vide Exhibit ) 3 Record of oral evidence for prosecution - Exhibit )  First witness 1 2 3 4 5 6 7  Second witness  Third witness 4 Examination of accused Sessions Court 5 Record or oral evidence for defence– Serishtadar.  First witness NOTE: 6 Exhibits– (a) The list should include all objects exhibited in the Sessions trial. (a)Documents used in evidence (b) Every object should have affixed to it a label containing a brief description and the mark assigned to it in the Sessions Court. The label should be pasted on or securely fastened to the A.–– object. Each object should be kept in a separate cover or other receptacle. B.–– (c) The description in column 6 should be sufficiently full to secure easy identification. (b)Material objects produced in evidence, (d) Weapons should be accurately described by their specific names. 7 Judgement ………………………………… (e) Valuables should be sent separately byinsured post. 8 Other miscellaneous papers : (f) Under column 7, it should be explained where or from whom the object is alleged by the prosecution to have been recovered. Dated: ………….20… . Sessions Judge (g) The pasting of labels or the packing should not interfere with the marks of blood, etc., and detract from the probative value of the object.282 Judicial Form No. 66 Judicial Form No.67 (See Rule 300) (See Rule 300) WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH. SUBPOENA TO WITNESS (ON COMMISSION) IN THE METROPOLITAN MAGISTRATE’S COURT, To Egmore/George Town/Saidapet, Chennai The Superintendent (or Keeper) of the …………….Prison at………………….. No......... of …........ Whereas at the Session held before me on the …. day of ….. 20…, the Prisoner in Case No……of the Calendar 20… at the said Session (Crime No. No……………of……………….Police Station) was duly convicted of the offence of culpable homicide amounting to murder under Section …… of the Indian Penal Code To and sentenced to suffer death subject to the confirmation of the said sentence by the ….......... High Court of Judicature at Madras; Whereas a Commission has been duly issued from the ….........................of This is to authorize and require you (the said Superintendent or Keeper) to …...........requesting the Metropolitan Magistrate of Chennai to examine you on certain interrogatories accompanying the said Commission and connected with a case of receive the said …………………. into your custody in the said Prison together with this warrant and keep him there safely until you shall receive the further warrant or …............ pending before the …................. order of this Court, carrying into effect the order of the said High Court. You are hereby summoned to appear before this Court on the …. day of ….... 20.. next at 11 o’clock in the forenoon to be examined as aforesaid. Descriptive roll. Given under my hand and the seal of the Court, this …. day of …... 1 Name. 20 ….. . 2 Father’s name/ Husband’s name 3 Sex, married or single. 4 Race, religion and caste. (By order of the Court) 5 Previous occupation. 6 Age. 7 Descriptive marks. Seal Head Ministerial Officer (NOTE –– At least three identification marks must be given.) Given under my hand and seal of the Court, this …… day of …… 20… Seal Sessions Judge NOTE –– In filling up the particulars under the head “5. Previous Occupation” in respect of females, Courts shall use the same classes of previous occupation as are adopted for males.283 Judicial Form No. 66 Judicial Form No.67 (See Rule 300) (See Rule 300) WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH. SUBPOENA TO WITNESS (ON COMMISSION) IN THE METROPOLITAN MAGISTRATE’S COURT, To Egmore/George Town/Saidapet, Chennai The Superintendent (or Keeper) of the …………….Prison at………………….. No......... of …........ Whereas at the Session held before me on the …. day of ….. 20…, the Prisoner in Case No……of the Calendar 20… at the said Session (Crime No. No……………of……………….Police Station) was duly convicted of the offence of culpable homicide amounting to murder under Section …… of the Indian Penal Code To and sentenced to suffer death subject to the confirmation of the said sentence by the ….......... High Court of Judicature at Madras; Whereas a Commission has been duly issued from the ….........................of This is to authorize and require you (the said Superintendent or Keeper) to …...........requesting the Metropolitan Magistrate of Chennai to examine you on certain interrogatories accompanying the said Commission and connected with a case of receive the said …………………. into your custody in the said Prison together with this warrant and keep him there safely until you shall receive the further warrant or …............ pending before the …................. order of this Court, carrying into effect the order of the said High Court. You are hereby summoned to appear before this Court on the …. day of ….... 20.. next at 11 o’clock in the forenoon to be examined as aforesaid. Descriptive roll. Given under my hand and the seal of the Court, this …. day of …... 1 Name. 20 ….. . 2 Father’s name/ Husband’s name 3 Sex, married or single. 4 Race, religion and caste. (By order of the Court) 5 Previous occupation. 6 Age. 7 Descriptive marks. Seal Head Ministerial Officer (NOTE –– At least three identification marks must be given.) Given under my hand and seal of the Court, this …… day of …… 20… Seal Sessions Judge NOTE –– In filling up the particulars under the head “5. Previous Occupation” in respect of females, Courts shall use the same classes of previous occupation as are adopted for males.284 Judicial Form No.68 Judicial Form No. 69 (See Rule 49) (See Rule 300) EXHIBITS INDEX CHIEF METROPOLITAN MAGISTRATE’S COURT, EGMORE, CHENNAI IN THE COURT OF ................................... Date:............. Case No.......... of 20....... CERTIFICATE Date, when the exhibit By S.No. of Description of the How Certified that Sri …....... declared before me on …......... as Publisher of was whom Remarks the exhibit exhibit and its date marked filed in the filed ….............. (language) …........... (periodical) entitled ….................... under Section case 5 of the Press and Registration of Books Act, 1867 (Central Act 25 of 1867). Chief Metropolitan Magistrate To …..............285 Judicial Form No.68 Judicial Form No. 69 (See Rule 49) (See Rule 300) EXHIBITS INDEX CHIEF METROPOLITAN MAGISTRATE’S COURT, EGMORE, CHENNAI IN THE COURT OF ................................... Date:............. Case No.......... of 20....... CERTIFICATE Date, when the exhibit By S.No. of Description of the How Certified that Sri …....... declared before me on …......... as Publisher of was whom Remarks the exhibit exhibit and its date marked filed in the filed ….............. (language) …........... (periodical) entitled ….................... under Section case 5 of the Press and Registration of Books Act, 1867 (Central Act 25 of 1867). Chief Metropolitan Magistrate To …..............286 07.oN mroF laiciduJ )85 eluR eeS( EHT NI DETISOPED SEITREPORP FO RETSIGER IANNEHC ,TEPADIAS/NWOTEGROEG/EROMGE ,TRUOC ETARTSIGAM NATILOPORTEM noitangiseD erutangiS eht fo fo rebmuN fo slaitinI ytrap eht fo fo slaitinI noitpircseD morf truoC ot esac eht etartsigaM mohw ot fo rennaM reihsaC eht fo etaD skrameR eht fo eht hcihw eht hcihw lanif rof eht lasopsid fo nekot ni tpiecer ytreporp ytreporp ytreporp lasopsid si ytreporp tpiecer neeb sah setaler dereviled deviecer )9( )8( )7( )6( )5( )4( )3( )2( )1( Judicial Form No.71 [See Rule 27(4)] IN THE COURT OF .............................. Case No........... of ................. Petitioner/Accused/Appellant vs. Respondent/Complainant/Respondent MEMORANDUM OF APPEARANCE I/We declare that I/We have been duly instructed to appear on behalf of the above named petitioner/accused/appellant in this case. Station: Dated: Counsel for petitioner/accused/appellant Address for service with Name and address of the Enrolment No., mobile party with mobile no. number and email id287 Judicial Form No.71 [See Rule 27(4)] IN THE COURT OF .............................. Case No........... of ................. Petitioner/Accused/Appellant vs. Respondent/Complainant/Respondent MEMORANDUM OF APPEARANCE I/We declare that I/We have been duly instructed to appear on behalf of the above named petitioner/accused/appellant in this case. Station: Dated: Counsel for petitioner/accused/appellant Address for service with Name and address of the Enrolment No., mobile party with mobile no. number and email id288 Judicial Form No.73 Judicial Form No.72 [See Rule 27(6)] [See Rule 27(11)] VAKALATHNAMA SPECIAL VAKALATHNAMA IN THE COURT OF ...................... IN THE COURT OF ...................... Case No. ........... of .............. Case No. ........... of .............. Petitioner/Accused/Complainant Petitioner/Accused vs. Respondent/Complainant/Accused vs. Respondent/Complainant I/we do hereby appoint and retain Mr./Ms./Mrs./M/s. ................................ to appear for I / We, the accused in the above case, do hereby appoint and retain Mr./Mrs./Ms./M/s. me/us in the above case on my/our behalf and to plead and I/we further empower ............... to appear and to plead guilty to the charge on my / our behalf / any of the acts on him/her/them to accept on my/our behalf, service of notice of all proceedings in the above my / our behalf and to pay the fine under Section 206 Cr.P.C. case, until disposal of the case. [Signature/LTI of the Accused/ [Signature / LTI of the Accused] Complainant/Respondent] I certify that the contents of this Special Vakalathnama were read over and explained in I certify that the contents of this Vakalatnama were read over and explained in ...... ......... (state the language) in my presence to the Executant who appeared perfectly to (state the language) in my presence to the Executant who appeared perfectly to understand the understand the same and made his/her/ their signature in my presence. same and made his/her/ their signature in my presence . Executed before this .....day of ..... ....... 20... Executed before this .....day of ..... 20. . . . [Signature & Enrollment No.] I / We accept the Vakalathnama. Signature & Enrollment No. of attesting advocate [Advocate] I / We accept the Special Vakalathnama. The address for service of the advocate with Name and address of the party(ies) with [Advocate & Enrollment No.] Enrolment No., Mobile No. and email id. Mobile No. and email id, if any & any Identity Card No. The address for service of the advocate with Name and address of the party(ies) with Enrolment No., Mobile No. and email id. Mobile No. and email id, if any and any identity Card No.289 Judicial Form No.73 Judicial Form No.72 [See Rule 27(6)] [See Rule 27(11)] VAKALATHNAMA SPECIAL VAKALATHNAMA IN THE COURT OF ...................... IN THE COURT OF ...................... Case No. ........... of .............. Case No. ........... of .............. Petitioner/Accused/Complainant Petitioner/Accused vs. Respondent/Complainant/Accused vs. Respondent/Complainant I/we do hereby appoint and retain Mr./Ms./Mrs./M/s. ................................ to appear for I / We, the accused in the above case, do hereby appoint and retain Mr./Mrs./Ms./M/s. me/us in the above case on my/our behalf and to plead and I/we further empower ............... to appear and to plead guilty to the charge on my / our behalf / any of the acts on him/her/them to accept on my/our behalf, service of notice of all proceedings in the above my / our behalf and to pay the fine under Section 206 Cr.P.C. case, until disposal of the case. [Signature/LTI of the Accused/ [Signature / LTI of the Accused] Complainant/Respondent] I certify that the contents of this Special Vakalathnama were read over and explained in I certify that the contents of this Vakalatnama were read over and explained in ...... ......... (state the language) in my presence to the Executant who appeared perfectly to (state the language) in my presence to the Executant who appeared perfectly to understand the understand the same and made his/her/ their signature in my presence. same and made his/her/ their signature in my presence . Executed before this .....day of ..... ....... 20... Executed before this .....day of ..... 20. . . . [Signature & Enrollment No.] I / We accept the Vakalathnama. Signature & Enrollment No. of attesting advocate [Advocate] I / We accept the Special Vakalathnama. The address for service of the advocate with Name and address of the party(ies) with [Advocate & Enrollment No.] Enrolment No., Mobile No. and email id. Mobile No. and email id, if any & any Identity Card No. The address for service of the advocate with Name and address of the party(ies) with Enrolment No., Mobile No. and email id. Mobile No. and email id, if any and any identity Card No.290 Judicial Form No.74 Judicial Form No.75 (See Rules 22 and 24) (See Rule 24-N.B. 2) Bond under Section 88 Cr.P.C. Bond under Section 437-A, Cr.P.C. IN THE COURT OF THE …....................................... IN THE COURT OF THE …....................................... Case No............. of................ Case No..................................... I, ….............................., S/o / D/o / W/o …................... residing at …...................... (address), having appeared before this Court on receipt of summons, do hereby bind myself to I, ….............................., S/o/D/o/W/o …................... residing at attend this Court or any other Court to which the case may be transferred for trial and to …...................... (address), hereby appearing before this Court for trial/appeal, do hereby bind myself to appear before the higher Court as and when such Court issues continue so as to attend until otherwise directed by the Court, and, in case of my making notice in respect of any appeal or petition filed against the judgment of this Court, and, default herein, I bind myself to forfeit to the State, the sum of Rs............................ in case of my making default herein, I bind myself to forfeit to the State the sum of Rs..................... Dated this …................. day of ….................. 20. …... Dated this …................. day of ….................. 20.... Signature Signature Executed before me Executed before me. Presiding Officer/Judge/Magistrate Presiding Officer/Judge/Magistrate I/We do hereby declare myself/ourselves as surety/sureties for the above named I/We do hereby declare myself/ourselves as surety/sureties for the above named …....................., S/o / D/o / W/o …............. residing at …............................. (address) that …....................., S/o / D/o / W/o …............. residing at …............................. (address) that he/she shall attend before the higher Court as and when such Court he/she shall attend before this Court or any other Court to which the case may be transferred issues notice in respect of any appeal or petition filed against the judgment of this for trial and to continue so as to attend until otherwise directed by the Court, and, in case of Court, and, in case of his/her making default therein, I/we hereby bind myself/ourselves jointly and severally, to forfeit to the State, the sum of his/her making default therein, I/we hereby bind myself/ourselves jointly and severally, to Rs............................................. forfeit to the State, the sum of Rs............................................. Dated this …......... day of …............... 20...... Dated this …......... day of …............... 20...... 1........................ 1........................ 2........................ 2........................ Signature of the sureties Signature of the sureties Executed before me Executed before me Presiding Officer/Judge/Magistrate P.S.: This bond shall be in force Presiding Officer/Judge/Magistrate for six months from the date of its execution.291 Judicial Form No.74 Judicial Form No.75 (See Rules 22 and 24) (See Rule 24-N.B. 2) Bond under Section 88 Cr.P.C. Bond under Section 437-A, Cr.P.C. IN THE COURT OF THE …....................................... IN THE COURT OF THE …....................................... Case No............. of................ Case No..................................... I, ….............................., S/o / D/o / W/o …................... residing at …...................... (address), having appeared before this Court on receipt of summons, do hereby bind myself to I, ….............................., S/o/D/o/W/o …................... residing at attend this Court or any other Court to which the case may be transferred for trial and to …...................... (address), hereby appearing before this Court for trial/appeal, do hereby bind myself to appear before the higher Court as and when such Court issues continue so as to attend until otherwise directed by the Court, and, in case of my making notice in respect of any appeal or petition filed against the judgment of this Court, and, default herein, I bind myself to forfeit to the State, the sum of Rs............................ in case of my making default herein, I bind myself to forfeit to the State the sum of Rs..................... Dated this …................. day of ….................. 20. …... Dated this …................. day of ….................. 20.... Signature Signature Executed before me Executed before me. Presiding Officer/Judge/Magistrate Presiding Officer/Judge/Magistrate I/We do hereby declare myself/ourselves as surety/sureties for the above named I/We do hereby declare myself/ourselves as surety/sureties for the above named …....................., S/o / D/o / W/o …............. residing at …............................. (address) that …....................., S/o / D/o / W/o …............. residing at …............................. (address) that he/she shall attend before the higher Court as and when such Court he/she shall attend before this Court or any other Court to which the case may be transferred issues notice in respect of any appeal or petition filed against the judgment of this for trial and to continue so as to attend until otherwise directed by the Court, and, in case of Court, and, in case of his/her making default therein, I/we hereby bind myself/ourselves jointly and severally, to forfeit to the State, the sum of his/her making default therein, I/we hereby bind myself/ourselves jointly and severally, to Rs............................................. forfeit to the State, the sum of Rs............................................. Dated this …......... day of …............... 20...... Dated this …......... day of …............... 20...... 1........................ 1........................ 2........................ 2........................ Signature of the sureties Signature of the sureties Executed before me Executed before me Presiding Officer/Judge/Magistrate P.S.: This bond shall be in force Presiding Officer/Judge/Magistrate for six months from the date of its execution.292 Judicial Form No. 76 Judicial Form No. 77 [See Rule 252(15)] [See Rule 252 (15)] IN THE HIGH COURT OF JUDICATURE (PRINCIPAL SEAT)AT MADRAS/ BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT IN THE HIGH COURT OF JUDICATURE (PRINCIPAL SEAT)AT MADRAS/ (CRIMINAL JURISDICTION) BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appeal No...... of …... (CRIMINAL JURISDICTION) in Criminal Revision Case No...... of …... Case No..... of …..... in (on the file of the …........... Court, ….............) Case No..... of …..... (on the file of the …........... Court, ….............) …................................. Appellant …................................. Petitioner vs. vs. …................................. Respondent …................................. Respondent MEMORANDUM TO SUBMIT RECORDS MEMORANDUM TO SUBMIT RECORDS The …................. Judge/Magistrate ….................................. is requested to The …................. Judge/Magistrate ….................................. is requested to submit to the High Court, with the least possible delay, the material part of the records in submit to the High Court, with the least possible delay, the material part of the records in Case No......... of …........ on his file and is further requested to submit charges, deposition Case No......... of …........ on his file and is further requested to submit charges, deposition of witnesses, statement under Section 313 of the Code of Criminal Procedure, 1973 of witnesses, statement under Section 313 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and judgment, if available, as soft copy, by email to the High (Central Act 2 of 1974) and judgment, if available, as soft copy, by email to the High Court as well in the form of compact disc (CD)/digital versatile disc (DVD) or any other Court as well in the form of compact disc (CD)/digital versatile disc (DVD) or any other device, for consideration in Criminal Appeal No...... of …..... on the file of the High device, for consideration in Criminal Revision Case No...... of …..... on the file of the Court. The Judge/Magistrate is also requested to send photocopy of the material records High Court. The Judge/Magistrate is also requested to send photocopy of the material duly certified in all pages by the Head Clerk to be true photocopy. records duly certified in all pages by the Head Clerk to be true photocopy. High Court of Judicature, Madras/ Sub Assistant Registrar High Court of Judicature, Madras/ Sub Assistant Registrar Madurai Bench of Madras High Court (Criminal Side) Madurai Bench of Madras High Court (Criminal Side) Date:...../....../........ Date:..../...../........ To The …................. Judge/Magistrate To …............................. The …................. Judge/Magistrate _______________________________________________________________________ ….............................293 Judicial Form No. 76 Judicial Form No. 77 [See Rule 252(15)] [See Rule 252 (15)] IN THE HIGH COURT OF JUDICATURE (PRINCIPAL SEAT)AT MADRAS/ BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT IN THE HIGH COURT OF JUDICATURE (PRINCIPAL SEAT)AT MADRAS/ (CRIMINAL JURISDICTION) BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appeal No...... of …... (CRIMINAL JURISDICTION) in Criminal Revision Case No...... of …... Case No..... of …..... in (on the file of the …........... Court, ….............) Case No..... of …..... (on the file of the …........... Court, ….............) …................................. Appellant …................................. Petitioner vs. vs. …................................. Respondent …................................. Respondent MEMORANDUM TO SUBMIT RECORDS MEMORANDUM TO SUBMIT RECORDS The …................. Judge/Magistrate ….................................. is requested to The …................. Judge/Magistrate ….................................. is requested to submit to the High Court, with the least possible delay, the material part of the records in submit to the High Court, with the least possible delay, the material part of the records in Case No......... of …........ on his file and is further requested to submit charges, deposition Case No......... of …........ on his file and is further requested to submit charges, deposition of witnesses, statement under Section 313 of the Code of Criminal Procedure, 1973 of witnesses, statement under Section 313 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and judgment, if available, as soft copy, by email to the High (Central Act 2 of 1974) and judgment, if available, as soft copy, by email to the High Court as well in the form of compact disc (CD)/digital versatile disc (DVD) or any other Court as well in the form of compact disc (CD)/digital versatile disc (DVD) or any other device, for consideration in Criminal Appeal No...... of …..... on the file of the High device, for consideration in Criminal Revision Case No...... of …..... on the file of the Court. The Judge/Magistrate is also requested to send photocopy of the material records High Court. The Judge/Magistrate is also requested to send photocopy of the material duly certified in all pages by the Head Clerk to be true photocopy. records duly certified in all pages by the Head Clerk to be true photocopy. High Court of Judicature, Madras/ Sub Assistant Registrar High Court of Judicature, Madras/ Sub Assistant Registrar Madurai Bench of Madras High Court (Criminal Side) Madurai Bench of Madras High Court (Criminal Side) Date:...../....../........ Date:..../...../........ To The …................. Judge/Magistrate To …............................. The …................. Judge/Magistrate _______________________________________________________________________ ….............................294 Judicial Form No. 78 Judicial Form No. 79 [See Rule 293] [See Rule 31(8)] LIST OF DOCUMENTS FILED U/S 294(2) OF THE CODE FORM OF COMMUNICATION REGARDING ARREST AND DETENTION OF A MEMBER OF PARLIAMENT OR STATE LEGISLATURE Place:.................. Date:.................... 1 Calendar Case No. : To 2 Name of the Court : The Speaker, Lok Sabha, New Delhi/ 3 Name of Police Station : TheChairman, Rajya Sabha, New Delhi/ The Speaker, Tamil Nadu Legislative Assembly, Chennai/ 4 Crime Number : The Speaker, Puducherry Legislative Assembly, Puducherry 5 Station House Officer : 6 Name of accused : Dear Mr. Speaker/Mr. Chairman, The prosecution / accused in the above case proposes to adduce in evidence several documents I have the honour to inform you that I have found it my duty, in the exercise of my powers specified in the table below: under Section ….... of the ….......... Act to direct that Mr./Ms./Mrs..............................., Member of the Lok Sabha/Rajya Sabha/Legislative Assembly, be arrested/detained for …....................... (reasons for the arrest or detention, as the case may be). If copy, Whether reason for Other S. Nature of Date of By whom Mr./Ms./Mrs................. M.P./M.L.A. was accordingly arrested/taken into custody at original not remarks, No. document document produced ….................... (time) on ….......... (date) and is at present lodged in the …................ Prison, or copy producing if any …......... (place). original Yours faithfully, Judge/Magistrate/Executive Authority Signature of counsel for Prosecution/Accused295 Judicial Form No. 78 Judicial Form No. 79 [See Rule 293] [See Rule 31(8)] LIST OF DOCUMENTS FILED U/S 294(2) OF THE CODE FORM OF COMMUNICATION REGARDING ARREST AND DETENTION OF A MEMBER OF PARLIAMENT OR STATE LEGISLATURE Place:.................. Date:.................... 1 Calendar Case No. : To 2 Name of the Court : The Speaker, Lok Sabha, New Delhi/ 3 Name of Police Station : TheChairman, Rajya Sabha, New Delhi/ The Speaker, Tamil Nadu Legislative Assembly, Chennai/ 4 Crime Number : The Speaker, Puducherry Legislative Assembly, Puducherry 5 Station House Officer : 6 Name of accused : Dear Mr. Speaker/Mr. Chairman, The prosecution / accused in the above case proposes to adduce in evidence several documents I have the honour to inform you that I have found it my duty, in the exercise of my powers specified in the table below: under Section ….... of the ….......... Act to direct that Mr./Ms./Mrs..............................., Member of the Lok Sabha/Rajya Sabha/Legislative Assembly, be arrested/detained for …....................... (reasons for the arrest or detention, as the case may be). If copy, Whether reason for Other S. Nature of Date of By whom Mr./Ms./Mrs................. M.P./M.L.A. was accordingly arrested/taken into custody at original not remarks, No. document document produced ….................... (time) on ….......... (date) and is at present lodged in the …................ Prison, or copy producing if any …......... (place). original Yours faithfully, Judge/Magistrate/Executive Authority Signature of counsel for Prosecution/Accused296 Judicial Form No. 80 Judicial Form No. 81 [See Rule 31(8)] [See Rule 31(9)] FORM OF COMMUNICATION REGARDING CONVICTION OF A MEMBER OF FORM OF COMMUNICATION REGARDING RELEASE OF A MEMBER OF PARLIAMENT OR STATE LEGISLATURE PARLIAMENT OR STATE LEGISLATURE Place:.................. Place:.................. Date:.................... Date:.................... To To The Speaker, Lok Sabha, New Delhi/ The Speaker, Lok Sabha, New Delhi/ The Chairman, Rajya Sabha, New Delhi/ The Chairman, Rajya Sabha, New Delhi/ The Speaker, Tamil Nadu Legislative Assembly, Chennai/ The Speaker, Tamil Nadu Legislative Assembly, Chennai/ The Speaker, Puducherry Legislative Assembly, Puducherry The Speaker, Puducherry Legislative Assembly, Puducherry Dear Mr. Speaker/Mr. Chairman, Dear Mr. Speaker/Mr. Chairman, I have the honour to inform you that Mr./Ms./Mrs..............................., Member of the Lok I have the honour to inform you that Mr./Ms./Mrs..............................., Member of the Sabha/Rajya Sabha/Legislative Assembly, was tried at the Court before me on (a) charge(s) of Lok Sabha/Rajya Sabha/Legislative Assembly, who was convicted on …............. (date) and ….......…................. (reasons for the conviction). imprisoned for …......... (period) for …...................................(reasons for conviction) was released on bail pending prosecution/trial/appeal (or released on the sentence being set aside on On …........ (date), after a trial lasting for …................ days, I found him guilty of appeal as the case may be) on …............. (date). …........................... and sentenced him to …................ imprisonment for …....... (period). Yours faithfully, His application for leave to appeal to …................... (Name of the Court) is pending consideration. Judge/Magistrate/Executive Authority Yours faithfully, Judge/Magistrate297 Judicial Form No. 80 Judicial Form No. 81 [See Rule 31(8)] [See Rule 31(9)] FORM OF COMMUNICATION REGARDING CONVICTION OF A MEMBER OF FORM OF COMMUNICATION REGARDING RELEASE OF A MEMBER OF PARLIAMENT OR STATE LEGISLATURE PARLIAMENT OR STATE LEGISLATURE Place:.................. Place:.................. Date:.................... Date:.................... To To The Speaker, Lok Sabha, New Delhi/ The Speaker, Lok Sabha, New Delhi/ The Chairman, Rajya Sabha, New Delhi/ The Chairman, Rajya Sabha, New Delhi/ The Speaker, Tamil Nadu Legislative Assembly, Chennai/ The Speaker, Tamil Nadu Legislative Assembly, Chennai/ The Speaker, Puducherry Legislative Assembly, Puducherry The Speaker, Puducherry Legislative Assembly, Puducherry Dear Mr. Speaker/Mr. Chairman, Dear Mr. Speaker/Mr. Chairman, I have the honour to inform you that Mr./Ms./Mrs..............................., Member of the Lok I have the honour to inform you that Mr./Ms./Mrs..............................., Member of the Sabha/Rajya Sabha/Legislative Assembly, was tried at the Court before me on (a) charge(s) of Lok Sabha/Rajya Sabha/Legislative Assembly, who was convicted on …............. (date) and ….......…................. (reasons for the conviction). imprisoned for …......... (period) for …...................................(reasons for conviction) was released on bail pending prosecution/trial/appeal (or released on the sentence being set aside on On …........ (date), after a trial lasting for …................ days, I found him guilty of appeal as the case may be) on …............. (date). …........................... and sentenced him to …................ imprisonment for …....... (period). Yours faithfully, His application for leave to appeal to …................... (Name of the Court) is pending consideration. Judge/Magistrate/Executive Authority Yours faithfully, Judge/Magistrate298 Judicial Form No. 82 Judicial Form No. 83 [See Rule 257(1)] PANCHANAMA [See Rule 6(13)] In the Court of the …........................., ….............. Case No. …....... of …....... Form of order for the Transit of an accused person Name of Police Station : To Crime Number : Offence under Section : The Deputy Superintendent/Inspector of Police Name of the accused, if any : ............... Police Station ..................... District, ................. State Seized on : Received on : Whereas it appears that a charge against ..............(name of the accused) of an The undermentioned articles/properties/vehicles which are produced by the police, are offence(s) under Section ............... of the ................. is/are under investigation by the checked, received and entered in the Property Register in Administrative Form No.19 (C.R. ............... police under the provisions of Chapter XII of the Code of Criminal Procedure, No.19) (in case of Judicial Magistrate Court) or in Judicial Form No.70 (in case of Metropolitan 1973 (Central Act 2 of 1974) that such investigation cannot be completed within the period Magistrate Court) as Item No. . . . . of 20...... and they have been photographed. of 24 hours fixed by section 57 of the said Code, and that there are grounds for believing that the accusation/information against the said person is well founded and the accused having been duly produced before this Court today, and this is to authorise you to take the said GOLD JEWELLERY/SILVER ARTICLES: ............ (name of the accused) in custody for ....... days for being produced before the ............... Court sitting at ............. on the .... day of ......... 20.. at .... o' clock. S.No. Description Weight assessed by Appraiser (gms.) DESCRIPTIVE ROLL 1 Name 2 Father's / Husband's name OTHER ARTICLES: 3 Sex –Married or Single 4 Race, Religion and Caste 5 Previous occupation S.No. Description 6 Age 7 Descriptive marks: 1. VEHICLES: 2. 3. Registration No. : Given under my hand and the seal of the Court, this ...... day of ....... 20.... Engine No. : Chassis No. : Insurer's name : Seal Judicial Magistrate ................................ Insurance Policy : No. Other remarks:................................................................................................. Dated this ….. day of ….... 20.... Signature of witness with name & address: 1.................. 2................... Magistrate299 Judicial Form No. 82 Judicial Form No. 83 [See Rule 257(1)] PANCHANAMA [See Rule 6(13)] In the Court of the …........................., ….............. Case No. …....... of …....... Form of order for the Transit of an accused person Name of Police Station : To Crime Number : Offence under Section : The Deputy Superintendent/Inspector of Police Name of the accused, if any : ............... Police Station ..................... District, ................. State Seized on : Received on : Whereas it appears that a charge against ..............(name of the accused) of an The undermentioned articles/properties/vehicles which are produced by the police, are offence(s) under Section ............... of the ................. is/are under investigation by the checked, received and entered in the Property Register in Administrative Form No.19 (C.R. ............... police under the provisions of Chapter XII of the Code of Criminal Procedure, No.19) (in case of Judicial Magistrate Court) or in Judicial Form No.70 (in case of Metropolitan 1973 (Central Act 2 of 1974) that such investigation cannot be completed within the period Magistrate Court) as Item No. . . . . of 20...... and they have been photographed. of 24 hours fixed by section 57 of the said Code, and that there are grounds for believing that the accusation/information against the said person is well founded and the accused having been duly produced before this Court today, and this is to authorise you to take the said GOLD JEWELLERY/SILVER ARTICLES: ............ (name of the accused) in custody for ....... days for being produced before the ............... Court sitting at ............. on the .... day of ......... 20.. at .... o' clock. S.No. Description Weight assessed by Appraiser (gms.) DESCRIPTIVE ROLL 1 Name 2 Father's / Husband's name OTHER ARTICLES: 3 Sex – Married or Single 4 Race, Religion and Caste 5 Previous occupation S.No. Description 6 Age 7 Descriptive marks: 1. VEHICLES: 2. 3. Registration No. : Given under my hand and the seal of the Court, this ...... day of ....... 20.... Engine No. : Chassis No. : Insurer's name : Seal Judicial Magistrate ................................ Insurance Policy : No. Other remarks:................................................................................................. Dated this ….. day of ….... 20.... Signature of witness with name & address: 1.................. 2................... Magistrate300 Judicial Form No. 84 [See Rule 6 (13)] From To Thiru./Tmt............. The ..................... Judicial Magistrate ............................ ................... ........................... District ........................... State D. No........... / 20.... dated ..../....../ 20..... Sir/Madam, Sub: Cases – Criminal – Crime No........ / 20.... of ................. Police Station – Offence(s) u/s ........... of .............. - Accused .............. S/o / W/o ........... - Produced before this Court on ............ (date) -Ordered to be produced before the .......... Court at ........... on ........... (date) – Transit Warrant – Sent – Regarding. Ref.: Requisition of the Deputy Superintendent/Inspector of Police, .......... Police Station, ........... District, .......... State. ---- I am to state that the accused .............., S/o / W/o ............... residing at ....................... concerned in Crime Number ........../ 20.... of ........... Police Station of an offence u/s ............... of the ........... Act has been produced before me today at ... o' clock and the said accused is handed over to the Deputy Superintendent/Inspector of Police, ........... Police Station for ..... days for being produced before the Judicial Magistrate, ............. on ............. (date) without fail, for taking further action at your end. The fact of the production of the said accused may be intimated to this Court forthwith. Yours faithfully, Judicial Magistrate .............................. Encl.: Requisition for remand and connected papers duly indexed (Pages 1 to .......)301 Judicial Form No. 84 [See Rule 6 (13)] From To Thiru./Tmt............. The ..................... Judicial Magistrate ............................ ................... ........................... District ........................... State D. No........... / 20.... dated ..../....../ 20..... Sir/Madam, Sub: Cases – Criminal – Crime No........ / 20.... of ................. Police Station – Offence(s) u/s ........... of .............. - Accused .............. S/o / W/o ........... - Produced before this Court on ............ (date) -Ordered to be produced before the .......... Court at ........... on ........... (date) – Transit Warrant –Sent –Regarding. Ref.: Requisition of the Deputy Superintendent/Inspector of Police, .......... Police Station, ........... District, .......... State. ---- I am to state that the accused .............., S/o / W/o ............... residing at ....................... concerned in Crime Number ........../ 20.... of ........... Police Station of an offence u/s ............... of the ........... Act has been produced before me today at ... o' clock and the said accused is handed over to the Deputy Superintendent/Inspector of Police, ........... Police Station for ..... days for being produced before the Judicial Magistrate, ............. on ............. (date) without fail, for taking further action at your end. The fact of the production of the said accused may be intimated to this Court forthwith. Yours faithfully, Judicial Magistrate .............................. Encl.: Requisition for remand and connected papers duly indexed (Pages 1 to .......) 1.oN mroF evitartsinimdA )89 eluR eeS( 1.ON RETSIGER LANIMIRC FO DESOPSID DNA DEVIECER SESAC SNOISSES FO RETSIGER FO ETAD fo etaD fo yreviled fo erutaN otni drocer tluseR fo etaD fo esolC ecnemmoC ecneffo ,rebmuN fo emaN fo .oN snoisses skrameR htid wro mce or or etad fo dna tnemgduj lairt fo l atn ire tm tpieceR tnemtimmoC nod ie tcg er sa h dc na d ecn na e e dm isa en r g dn nit ati m trum oo CC sesac drocer fo droceR lasopsid fo edoc fo desucca fo .ON R.P s’repeeK wal slaitini )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1(302 2.oN mroF evitartsinimdA 2.oN mroF evitartsinimdA )811 eluR eeS( )811 eluR eeS( 2.ON RETSIGER LANIMIRC 2.ON RETSIGER LANIMIRC DEVIECER SESAC LAEPPA FO RETSIGER DEVIECER SESAC LAEPPA FO RETSIGER FO ETAD ro ecnetneS tahw morF FO ETAD ro ecnetneS tahw morF fo yreviled fo etaD delaepparedro knar dna emaN htiw truoC fo yreviled fo etaD delaepparedro knar dna emaN htiw truoC fo rebmuN skrameR droceR otni drocer wal dna tsniaga ni tnalleppa fo eht fo rebmun fo rebmuN skrameR droceR otni drocer wal dna tsniaga ni tnalleppa fo eht fo rebmun laeppa slaitini s'repeeK tluseR redrO gniraeH fo noitatneserP ti hcihw rednu truoc rewol eht taht ni esac laeppa slaitini s'repeeK tluseR redrO gniraeH f lo a en po pit aatneserP det si sh ac pih sw aw rednu truoc rewol eht ta trh ut o n ci esac laeppa dessap saw truoc )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( snositncouitrctusnrtIsnI fo seifpoo cse fiop oecta frots eigtaarMtsi glaaiMci dlauiJc ifdeuihJ Cfe eihhCt oeth nt ooits nsiomisssnimarstn faor tn feok noet knoi tr entis riegtesrig eehrt efhot nfom numloucl otsca tls eahl te hnti ndie dneiantibaotb eob e dbl udlouhosh lsa lease hs chtcatpaspesde de heThT.1.1 .se.sseasca lca leapeppap an in si tsntenmemgdgduujj .deif.idteciefri tscneor issnsoimissoi mdnoa d hntan ohmtno ymre yvree vreec rieffcOif fgOn igdniisdeirsPe rePh et hytb y dbe dkeckechech ecb e bd ldulouhosh rse rtestisgiegre re heThT.2.2303 3.oN mroF evitartsinimdA 3.oN ]m811r oelFu Re veeiSta[rtsinimdA ]811 eluR eeS[ 3.ON RETSIGER LANIMIRC 3.ON RETSIGER LANIMIRC DENIATRETNE SESAC NOISIVER FO RETSIGER DENIATRETNE SESAC NOISIVER FO RETSIGER rehtehW fo etaD ousprue hnteekhaWt ot derrefer fI fo yrevfiole edtaD tahw morF noo ruosuptuo mnekat ,truooCt dhegrirHefer fI otni dfroo ycererviled htiwt athruwo CmorF ,noititep yb fI .nointaoc riolpuptaom fo rebmuN hgiH ,ftoru roeCdr ohgiH dna erutaN skrameR moor-odtrnoic derrocer fo rehbtimwu tnruoC f,noo eittaitdep yb fI eh.nt oniota fcIilppa nofois rievbemr uN htiwh gtirHuo fCo redro fo dentaad erutaN skrameR -drocmero hotri-wdrocer no esfoac r eebhmt un noitatnfoes eetrapd dna tneahcti lnpop faI ensoacisiver sti no rhetbiwm turnuoC lasopfsoid etad s’re-pderoekcer htiw fo enloif eeshatc eht foneorietahttneserp noditnisao tpn ascihilppa esac etads dtin nao e rliefbmun lasopsid slaitisn’riepeek truofco t ealhitf eht foereht rewnooLi teishot pn isih etad dna elif slaitini truoc taht sretrwuooLC eht ni struoC )8( )7( )6( )5( )4( )3( )2( )1( )8( )7( )6( )5( )4( )3( )2( )1(304 4.oN mroF evitartsinimdA )26 eluR eeS( 4.oN mroF evitartsinimdA 4.ON RETSIGER LANIMIRC )26 eluR eeS( DEVIECER SESAC RETSIGER YRANIMILERP DNA RADNELAC FO 4R.OETNS RIGETERSIGER LANIMIRC DEVIECER SESAC RETSIGER YRANIMILERP DNA RADNELAC FO RETSIGER FO ETAD fo emaN FO ETAD a fi( skrameR fo etaD ro tnanialpmoc neeb sah esac fo yreviled morf noitats ecneffO fo emaN sa detaert otni drocer noisneherppA dna rebmuN -egrahc hcihw a fi( skrameR fo etaD fo denialpmoc ro tnanialpmocfo rebmuN g e nn h ii t )d keen r nt ee o ih p n n g ed - e n ht e,g se ce i tran d b an e o nf do ts el oea p nth a - e ,ge erm - ns ntda o oo src .l’o so r lcr e a e p id r tm -er i f o dh no eo ot rkt inc ooiye iw cr rr d ee d rrv r oi hol c te ce id e wrt rluseR tlusen Roisice nD oisict en Dem le a tc nin r ete m fm o em cno eC mmod n Ce i s eu cs tc n ri dnc h ua eoa or sr i ae cuso en sh cp iet c h ph af ao re e or hp tp fA of tro no it a p t lr pi foe rompc o e e to p tR r c ri oe pce eR rfo no f fwi o ot c a de ne l ec os nn i d te i can f elfa p sO m dno ac f do e dse num f dac o e a c r sn a ee umb cm a cn auNht fs i odwa - n hw re m ad e tg s i be wt o r e ae v mar wt e f ahi de h u dcn etcs n e vo he e ii r c et ha i csht es ws resa sc ef sr o aa cd r en rb ae m dla nuc eN lac lairt fo wal teehs-egrahc niereh tcaf s’repeek ni ecnaraeppa tnialpmoc dna etad )kni der .slaitini truoc forebmun )11( )01( )9( )8( )7( )6( )5( )4( )3( te)2eh(s-egrahc )1( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( snoitcurtsnI nI .sesaC radnelaC morf yletarapes derebmun eb dluohs hcihw sesaC retsigeR yranimilerp rof trapa tes eb dluohs segap wef tsrif ehT.1 snoitcurtsnI .etacovda na yap ot droffa nac desucca eht rehtehw nmuloc skramer eht ni detats eb dluohs ti ,sesac redrum nI .sesaC radnelaC morf yletarapes derebmun eb dluohs hcihw sesaC retsigeR yranimilerp rof trapa tes eb dluohs segap wef tsrif ehT.1 fo seipoc fo etartsigaM laiciduJ feihC eht ot noissimsnart fo nekot ni retsiger ehtfo nmuloc tsal eht ni deniatbo eb dluohs laes hctapsed ehT.2 .etacovda na yap ot droffa nac desucca eht rehtehw nmuloc skramer eht ni detats eb dluohs ti ,sesac redrum .sredro dna stnemgduj fo seipoc fo etartsigaM laiciduJ feihC eht ot noissimsnart fo nekot ni retsiger ehtfo nmuloc tsal eht ni deniatbo eb dluohs laes hctapsed ehT.2 .deifitcer snoissimo dna htnom yreve etartsigaM gnidiserp eht yb dekcehc eb dluohs retsiger ehT.3 .sredro dna stnemgduj .deifitcer snoissimo dna htnom yreve etartsigaM gnidiserp eht yb dekcehc eb dluohs retsiger ehT.3305 5.oN mroF evitartsinimdA )26 eluR eeS( 5.oN mroF evitartsinimdA 5.oN RETSIGER LANIMIRC )26 eluR eeS( DEVIECER SESAC ECNANETNIAM DNA SUOENALLECSIM FO RETSIG5.oENR RETSIGER LANIMIRC FO ETAD DEVIECER SESAC ECNANETNIAM DNA SUOENALLECSIM FO RETSIGER dna noitceS FO ETAD dna emaN fo etaD fo retpahc redrO ecnemmoC fo tpieceR fo ecnediser fo yreviled lanidmniarCno eithcteS dna emaN fo tnem troper ro noititep fi ,renoititep fo etaD fo retpahc otni drocer erudecorP dna emaN redrO ecnemmoC fo tpieceR fo ecnediser fo yreviled yriuqni lanimirC eht ro yna skrameR moor drocer tluseR rednu edoC fo ecnediser rebmuN fo tnem troper ro noititep fi ,renoititep otni drocer erudecorP dna emaN noitangised -drocer htiw yriuqni hcihw tnadnefed ro yna skrameR moor drocer tluseR rednu edoC fo ecnediseryb reciffo fo rebmuN s'repeek sgnideecorp noitangised -drocer htiw hcihw tnadnefed mohw slaitini era yb reciffo fo s'repeek sgnideecorp .detroper detutitsni mohw slaitini era .detroper detutitsni )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( snoitcurtsnI eb dluohs noitces sihT .”5.oN retsigeR lanimirC“ dellac eb dluohs noitces tsrif ehT .struoC lla ni snoitces owt ni deniatniam eb dluohs retsiger sihT .1 snoitcurtsnI eht dna )4791 fo 2 tcA lartneC( 3791 ,erudecorP lanimirC fo edoC eht fo 063 dna043,644,621,521 ,541 ,011 ot 701 snoitceS rednu sesac ot detcirtser eb dluohs noitces sihT .”5.oN retsigeR lanimirC“ dellac eb dluohs noitces tsrif ehT .struoC lla ni snoitces owt ni deniatniam eb dluohs retsiger sihT .1 .”sesaC suoenallecsiM“sa nwohs eb dluohs noitces siht ni deretne sesac eht dna )4791 fo 2 tcA lartneC( 3791 ,erudecorP lanimirC fo edoC eht fo 063 dna043,644,621,521 ,541 ,011 ot 701 snoitceS rednu sesac ot detcirtser rednu esoht naht rehto sgnideecorp lla rof deniatniam dna denepo eb dluohs 5.oN retsigeR lanimirC ni sa sgnidaeh emas eht htiw noitces dnoces ehT .”sesaC suoenallecsiM“sa nwohs eb dluohs noitces siht ni deretne sesac siht ni deretne sesac ehT .)4791 fo 2 tcA lartneC( 3791 ,erudecorP lanimirC fo edoC eht fo 063 dna 043,644,621 ,521 ,541 ,011 ot 701 snoitceS rednu esoht naht rehto sgnideecorp lla rof deniatniam dna denepo eb dluohs 5.oN retsigeR lanimirC ni sa sgnidaeh emas eht htiw noitces dnoces ehT .”snoititeP suoenallecsiM“sa dekram eb dluohs noitces siht ni deretne sesac ehT .)4791 fo 2 tcA lartneC( 3791 ,erudecorP lanimirC fo edoC eht fo 063 dna 043,644,621 ,521 ,541 ,011 ot 701 snoitceS fo seipoc fo etartsigaM laiciduJ feihC eht ot noissimsnart fo nekot ni retsiger eht fo nmuloc tsal eht ni deniatbo eb dluohs laes hctapsed ehT .2 .”snoititeP suoenallecsiM“sa dekram eb dluohs noitces .sredro dna stnemgduj fo seipoc fo etartsigaM laiciduJ feihC eht ot noissimsnart fo nekot ni retsiger eht fo nmuloc tsal eht ni deniatbo eb dluohs laes hctapsed ehT .2 .deifitcer snoissimodna htnom yreve etartsigaM gnidiserp eht yb dekcehc eb dluohs sretsiger ehT .3 .sredro dna stnemgduj .deifitcer snoissimodna htnom yreve etartsigaM gnidiserp eht yb dekcehc eb dluohs sretsiger ehT .3306 6.oN mroF evitartsinimdA )103 eluR eeS( 6.ON RETSIGER LANIMIRC 9891 ,TCA SYAWLIAR NAIDNI EHT FO 831 NOITCES REDNU SNOITACILPPA FO RETSIGER ecnetnes evitanretlA etartsigaM eht fo slaitinI yawliar ot ecnattimer fo etaD etartsigaM eht fo slaitinI noitcelloc fo etaD detcelloc.tmA etartsigaM eht fo slaitinI eciton fo etaD detcelloc eb ot deredro eraf fotnuomA tnialpmoc eht degdol ohw laiciffO yawliaR fo noitangiseD retluafed fo emaN tpiecer fo etaD esac eht fo.oN ffo nettirw stnuoma elbarevocerrI noitcnaS s'etartsigaM laiciduJ feihC fo etaD tnuomA 6.oN mroF evitartsinimdA )103 eluR eeS( 6.ON RETSIGER LANIMIRC 9891 ,TCA SYAWLIAR NAIDNI EHT FO 831 NOITCES REDNU SNOITACILPPA FO RETSIGER fo slaitinI eht etartsigaM )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )A5( )5( )4( )3( )2( )1( ecnetnes evitanretlA etartsigaM eht fo slaitinI yawliar ot ecnattimer fo etaD etartsigaM eht fo slaitinI noitcelloc fo etaD detcelloc.tmA etartsigaM eht fo slaitinI eciton fo etaD detcelloc eb ot deredro eraf fotnuomA tnialpmoc eht degdol ohw laiciffO yawliaR fo noitangiseD retluafed fo emaN tpiecer fo etaD esac eht fo.oN ffo nettirw stnuoma elbarevocerrI noitcnaS s'etartsigaM laiciduJ feihC fo etaD tnuomA fo slaitinI eht etartsigaM )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )A5( )5( )4( )3( )2( )1(307 7.oN mroF evitartsinimdA )76 eluR eeS( 7.oN retsigeR lanimirC SLAIRT DNA SEIRIUQNI FO STLUSER FO RETSIGER –truoC –raeY snoitcurtsnI ot dednetni ylpmis si )1( nmuloC .retsiger siht nideretne eb dluohs ,ton ro deraeppa desucca eht rehtehw ,fo desopsid sesac llA .noititeper a tneverp ot suht dna esac eht fo ytitnedi kram .nmuloc skramer eht ni deton eb dluohsecnerefer no ro tnemtimmoc ro refsnart yb tpiecer fo tcaf ehT.2 siht rof dna ,ecneffo eht fo sralucitrap eht eb lliw egap hcae fo gnidaeh ehT .secneffo fo regdel a yllacitcarp si retsiger sihT .3 fo puorg ro ecneffo hcae rof trapa tes eb tsum segap erom ro enO .ot derehda eb tsum secneffo fo eludehcs debircserp eht esoprup eht fo ecneirepxe eht sa gnidrocca ,eludehcs eht ni )7( ro )6( )5( snmuloc ni nwohs emirc fo daeh a si ereht hcihw tsniaga secneffo naht rehto,wal lacol ro laiceps hcae fo redro lacitebahpla ni edam eb dluohs yrtne etarapeS .raey a rof yrassecen sa tseggus yam truoC eb dluohs nosrep yrevE .dettimmoc neeb evah secneffo hcihw tsniaga )4791 fo 2 tcA lartneC( 3791 ,erudecorP lanimirC fo edoC eht eno naht erom rednu deirt si desucca na erehW .mih htiw tlaed yllanif etartsigaM eht hcihw rednu ”emirC fo daeH“ eht rednu deretne secneffo tcnitsid yleritne fo desucca eb ot sneppah eh sselnu ,ylno eno lapicnirp eht rednu detibihxe eb dluohs eh ,egrahc fo daeh .tnednepedni stluser dna etarapes eb dluow slairt eht esac hcihw ni ,ecnedive etarapes yb detroppus yap ot deriuqer saw tnanialpmoc eht hcihw ni esac yreve tsniaga edam eb llahs eton a ,skramer fo nmuloc eht nI .4 ni ,tnadnefed eht ro ,)4791 fo 2 tcA lartneC( 3791 ,erudecorP lanimirC fo edoC eht fo 052 noitces rednu desucca eht ot noitasnepmoc dna 601 snoitces rednu ecaep eht peek ot ytiruces ro ecnazingocer evig ot deriuqer saw ,mih nopu detcilfni tnemhsinup eht ot noitidda noitces rednu nekat erew noisseS fo truoC eht fo sredro eht ,51 gnidaeh tsniaga deretne sesac ynam woh ni dna ,edoC dias eht fo 221 .edoC dias eht fo221 noisneherppa eht fo etad tseilrae eht morf struoC ’setartsigaM ni )1( detaluclac eb lliw sesac fo noitarud ehT – )2( nmuloC .5 eht fo etad eht morf ,noisseS fo struoC ni )2( dna reilrae eht saw revehcihw ,truoC ni ecnaraeppa sih fo ro desucca eht fo yna fo eno sa nekat eb lliw ,sraeppa desucca eht hcihw no yad emas eht no fo desopsid esac a fo noitarud ehT .desucca eht fo tnemtimmoc si esac eht fi ,.g.e ,dedulcxe eb llahs ecnaraeppa fo etad eht ,sesac rehto lla nI .retsiger siht ni seirtne fo esoprup eht rof ylno yad .yad eno ylno eb lliw noitarud eht ,yad txen eht no fo desopsid ro evitucesnoc rehtehw syad eerht naht erom no truoC ni dnetta ot deriuqer sessentiw fo rebmun ehT -)52( nmuloC .6 .nmuloc siht ni detats eb dluohs esiwrehto308 emirC fo daeH fo rebmuN ])6(nmuloc ni nwohs sesac ot elbacilppa ton[ detsal truoc eht erofeb deraeppa snosrep desucca hcihw ni esac eht hcihw gnirud syad fo rebmun lautcA fo desopsid esac eht fo rebmuN SNOSREP FO REBMUN FO DESOPSID SESAC .dettiuqca ro degrahcsiD .depacse ro derrefsnart ,deiD .lairt ro yriuqni rof thguorB .esiwrehtO .desucca fo epacse ro htaed ,refsnart yB .eslaf sa ffo kcurtS .truoC ni deraeppa yeht erofeb .C.P.rC ,023 dna 942 ,752 ,652 snoitces rednu desucca fo lattiuqca ro egrahcsid yb ro )4( 402 noitces rednu lassimsid yB .C.P.rC ,302 noitces rednu detcejer stnialpmoC .lairt raluger nO *.C.P.rC ,063noitces rednu ,noitaborp no desaeleR .dessop ecnetneS htiw tlaed sredneffo lufhtuoY ecitsuJ elinevuJ ehtrednu fonoitcetorPdnaeraC( 5102 ,tcA )nerdlihC ,.cte ,naidraug ro tnerap ot derevileD .noitinomda retfa degrahcsiD )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( noitceS dna tcA ecneffo fo erutalcnemoN sessentiw fo rebmuN SNOSREP FO REBMUN detcivnoC skrameR syad eerht naht erom no dnettaot deriuqeR denimaxE elinevuJ tludA lairt yrammus nO .derrefer ro dettimmoC *.C.P.rC ,063noitces rednu , noitaborp no desaeleR dessap ecnetneS tlaed sredneffo lufhtuoY elinevuJ ehtrednu htiw dnaeraC( ecitsuJ )nerdlihC fonoitcetorP 5102 ,tcA elameF elaM elameF elaM .cte ,naidraug ro tnerap ot derevileD noitinomda retfa degrahcsiD )62( )52( )42( )32( )22( )12( )02( )91( )81( )71( )61( )51( )7391 fo III tcA( 6391 ,tcA sredneffO fo noitaborP eht rednurO*309 8.oN mroF evitartsinimdA )76 eluR eeS( 8.oN retsigeR lanimirC TNEMHSINUP FO RETSIGER ecneffo fo erutalcnemoN emirC fo daeH fo rebmuN efil rof tnemnosirpmI detcivnoc snosrep fo rebmuN fo desopsid esac eht fo rebmuN ot decnetnes snosrep fo rebmuN tnemnosirpmI sraey owt revO raey eno revO shtnom xis revO htnom eno revO ton tub ton tub ton tub ton tub ton tub syad 51 revO sraey neves revO rednu dna syad 51 neves gnideecxe owt gnideecxe enognideecxe xis gnideecxe htnom eno gnideecxe sraey sraey raey shtnom elpmiS suorogiR elpmiS suorogiR elpmiS suorogiR elpmiS suorogiR elpmiS suorogiR elpmiS suorogiR elpmiS suorogiR 8.oN mroF evitartsinimdA )76 eluR eeS( 8.oN retsigeR lanimirC TNEMHSINUP FO RETSIGER ecneffo fo erutalcnemoN emirC fo daeH fo rebmuN )71( )61( )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( efil rof tnemnosirpmI detcivnoc snosrep fo rebmuN fo desopsid esac eht fo rebmuN ot decnetnes snosrep fo rebmuN tnemnosirpmI sraey owt revO raey eno revO shtnom xis revO htnom eno revO ton tub ton tub ton tub ton tub ton tub syad 51 revO sraey neves revO rednu dna syad 51 neves gnideecxe owt gnideecxe enognideecxe xis gnideecxe htnom eno gnideecxe sraey sraey raey shtnom elpmiS suorogiR elpmiS suorogiR elpmiS suorogiR elpmiS suorogiR elpmiS suorogiR elpmiS suorogiR elpmiS suorogiR )71( )61( )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1(310 .tnoc–ot decnetnessnosrep fo rebmuN skrameR loohcs deifitrec a ni noitneted ot detummoc erew secnetnes esohw syob fo rebmuN )7391 fo III tcA( tcA sredneffO fo noitaborP eht rednu htiw tlaed ro ,5102 ,tcA )nerdlihC fonoitcetorP & eraC( ecitsuJ elinevuJeht ro ,0981 fo XI tcA rednu revo dnuob erewsnaidraug esohw ro ,7981 fo IIV tceS rednu dehsinomda XI tcA rednu revo dnuob erew snaidraug esohw ro ,7981 fo IIV tcA rednu dehsinomda ro ,.cte ,1781 fo I tcA fo 22 noitces ,9581 fo IIX tcA rednu redro ot detcejbus snosrep fo rebmuN eniF 0001.sR evobA 005.sR evobA 001.sR evobA 05.sR evobA 01.sR evobA dna 01.sR erom ton tub erom ton tub erom ton tub erom ton tub rednu 000,1.sR naht 005.sR naht 001.sR naht 05.sR naht )edoC erudecorP lanimirC ,753noitces( noitasnepmoc sa diap tnuomA dezilaer tnuomA desopmi tnuomA tnemhsinup rehto htiW enolA tnemhsinup rehto htiW enolA tnemhsinup rehto htiW enolA tnemhsinup rehto htiW enolA tnemhsinup rehto htiW enolA tnemhsinup rehto htiW enolA )53( )43( )33( )23( )13( )03( )92( )82( )72( )62( )52( )42( )32( )22( )12( )02( )91( )81( seirtne tnaveler eht tsniaga tpircsunam ni deton eb ot ”srehto“ ro ”elinevuJ“-:ETON311 9.oN MROF EVITARTSINIMDA )103 eluR eeS( 9.oN MROF EVITARTSINIMDA 9.oN retsigeR lanimirC sesaC lanimirC ni dedrawA tnemnosirpmI fo ecnetneS fo tnemecrofnE fo retsigeR )103 eluR eeS( 9.oN retsigeR lanimirC fo etaD fo etaD sesaC lanimirC ni dedrawA tnemnosirpmI fo ecnetneS fo tnemecrofnE fo retsigeR fo sliateD noitarotser ecnaraeppa ro laeppA fo emaN fo etaD fo etaD ecnetnes detucexe fo fo etaD fo etaDro fo etafDo etaDnoisiver eht fo etaD noisnepsus dna tserra dedfroa wsliaateD & .oN esaC tnarraw fo nruternonitoariosntseerherppa lasoepcsniadraeppa.oN froo elateapDpA fo etaD ,dfeos uemccaaN lasopsid fo slaitinI ecnetnes fofo etaD fo etadfo etaD hteiwcnetnes htiw .oN emirC eht gnoma tnarrawdetudceexseu fcoca ffoo etaD dna ro derreffeor eptaDfo nyoriispivxeer esaeler knare hstih foe hetta fDo eht skrameR sdfroo scleairtinI eht morf tnfaorr aewtad dfno anrutefro tnluoissenreherp,pyanal afsiopsidnoisn.eoNpsus ffio , deteatDnarg en co nis en tne ep fss i u fos fo elatatDtimmdn fo oac ets te ar drsaralucdie htdr tra ia wpwa ,ddensaucca ldansoap esisdacht& ie wh . .ot o Nf No e ese mamC ira Cn eht .oN .S gnidiserP yna fi eht gnoma tnarraw desucca fo dna derreferp fho tyiwrip x,yena esaenloersirp ot ffo tes fo knar sih eht fo fi noitatS eciloP eht hteihwt sknraomsierRp lattimmocer laeppa eman htiw fo fi ,ddeetnsaaregler lattimmoc sralucitrap sserdda eman ehteht fo eman eht reciffO sdrocer eht morf fo etad dna fo tluser ,yna fi noeimsnaepns uesht fiehthtiw fo etad dna dna dna esac no detutitsn.oiN .S dgentiaddiserP yrneat ffia nosirp eht ot ro eht fo ecnetnes htiwli a,ybn ano nosirp ot ffo tes fo htiw eht fo fi noitatS eciloP fo slraeictiifnfOi noitucexe eh dt e h teat hdiw t htiwn ro es ti fr ap noisnla iovt st ei im rrpm eo hc t e otr rtuoClae rp opa em ea hn t fh otiw ecnef eho tnt ef so eman eht d le ias baf e nole o remaenhthtiewht fofo y ertiapdx dena s'rs es he htr itd wad fa em ethra utn f oe oCht not rdoeptuetRits neiciloP truoC eht fo nosirp efoh temanecenhett fnoe ysripxe tropeR eciloP droceR eht fo eslhati tifnoi emnoaintucexe eht htidwenrecnnoiosciver truoC esm'reahntaf truoC truoC nosirp ehtdedreacwneatnes tnatsissA droceRn eohstirp eht fo eman denrecnoc eman dedrawa tnatsissA nosirp 61 51 41 31 21 11 01 9 8 7 6 5 4 3 2 1 61 51 41 31 21 11 01 9 8 7 6 5 4 3 2 1312 01.oN mroF evitartsinimdA )103 eluR eeS( 01.oN retsigeR lanimirC FO DESOPSID SESAC LAEPPA FO RETSIGER -:truoC -:raeY denrecnoc stnalleppa fo rebmuN desopsid laeppa eht fo rebmuN fo desopsid erew sesac esohw stnalleppa fo rebmuN skrameR detsal laeppa eht hcihw gnirud syad fo rebmun lautcA deredro gnieb yriuqni rehtruf ro lairt wen yB dehsauq gnieb sgnideecorp yB ecnetnes fo lasrever yB redro fo noitacifidom ro ecnetnes fo noitcuder yB redro ro ecnetnes fo noitamrifnoc yB laeppa fo noitcejer yB epacse ro refsnart ,htaed yB 01.oN mroF evitartsinimdA )103 eluR eeS( 01.oN retsigeR lanimirC FO DESOPSID SESAC LAEPPA FO RETSIGER -:truoC -:raeY )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( lanimirC fo edoC eht fo 601 noitces fo )3( noitces-bus rednu htiw tlaed snosrep fo rebmun eht skramer fo nmuloc eht ni wohS -:ETON .)6102 fo 2 tcA lartneC( 5102 ,tcA )nerdlihC fonoitcetorP dnaeraC( ecitsuJ elinevuJ eht rednu ro)4791fo 2 tcA lartneC( 3791 ,erudecorP denrecnoc stnalleppa fo rebmuN desopsid laeppa eht fo rebmuN fo desopsid erew sesac esohw stnalleppa fo rebmuN skrameR detsal laeppa eht hcihw gnirud syad fo rebmun lautcA deredro gnieb yriuqni rehtruf ro lairt wen yB dehsauq gnieb sgnideecorp yB ecnetnes fo lasrever yB redro fo noitacifidom ro ecnetnes fo noitcuder yB redro ro ecnetnes fo noitamrifnoc yB laeppa fo noitcejer yB epacse ro refsnart ,htaed yB )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( lanimirC fo edoC eht fo 601 noitces fo )3( noitces-bus rednu htiw tlaed snosrep fo rebmun eht skramer fo nmuloc eht ni wohS -:ETON .)6102 fo 2 tcA lartneC( 5102 ,tcA )nerdlihC fonoitcetorPdnaeraC( ecitsuJ elinevuJ eht rednu ro)4791fo 2 tcA lartneC( 3791 ,erudecorP313 11.oN mroF evitartsinimdA )103 eluR eeS( 11.oN retsigeR lanimirC FO DESOPSID SESAC NOISIVER FO RETSIGER -:truoC -:raeY denrecnoc snosrep desucca fo rebmuN fo desopsid esac noisiver eht fo rebmuN fo desopsid erew sesac esohw snosrep desucca fo rebmuN skrameR detsal esac eht hcihw gnirud syad fo rebmun lautcA esiwrehtO truoC hgiH eht ot ecnerefer yB deredro gnieb yriuqni rehtruf ro lairt wen yB dehsauq gnieb sgnideecorp yB ecnetnes fo lasrever yB redro fo noitacifidom ro ecnetnes fo noitcuder yB redro ro ecnetnes fo noitamrifnoc yB noitacilppa fo noitcejer yB epacse ro refsnart ,htaed yB 11.oN mroF evitartsinimdA )103 eluR eeS( 11.oN retsigeR lanimirC FO DESOPSID SESAC NOISIVER FO RETSIGER -:truoC -:raeY )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( denrecnoc snosrep desucca fo rebmuN fo desopsid esac noisiver eht fo rebmuN fo desopsid erew sesac esohw snosrep desucca fo rebmuN skrameR detsal esac eht hcihw gnirud syad fo rebmun lautcA esiwrehtO truoC hgiH eht ot ecnerefer yB deredro gnieb yriuqni rehtruf ro lairt wen yB dehsauq gnieb sgnideecorp yB ecnetnes fo lasrever yB redro fo noitacifidom ro ecnetnes fo noitcuder yB redro ro ecnetnes fo noitamrifnoc yB noitacilppa fo noitcejer yB epacse ro refsnart ,htaed yB )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1(314 21.oN mroF evitartsinimdA )36 eluR eeS( 21.oN retsigeR lanimirC DEVIECER SEEF-SSECORP DNA SEEF-TRUOC FO RETSIGER -:truoC -:raeY spmats ni seef-truoC eht fo erutaN laireS laiciduj-noN dna tnemucod ni rebmuN skrameR etacovdA ’setacovdA etaD spmats ssecorP ot ecnerefer eht ’skrelC erafleW seef rehtO seeF *.esac detcennoc retsiger dnuF erafleW dnuF 9 8 7 6 5 4 3 2 1 nmuloc siht ni deificeps eb ot osla stnemucod esoht fo erutan dna rebmun eht ,serusolcne era ereht fI –)3( nmuloC * skramer fo nmuloc eht ni nwohs eb yam lanoitpecxe si hcihw stnemucod fo nruteR–)9( nmuloC .tsop yb deviecer esoht naht rehto srepap rof devreser eb dluohs retsiger sihT-:ETON315 31.oN mroF evitartsinimdA 31.oN mroF evitartsinimdA ])4(13 eluR eeS[ ])4(13 eluR eeS[ 31.oN retsigeR lanimirC 31.oN retsigeR lanimirC RETSIGER SSECORP RETSIGER SSECORP )SETARTSIGAM EHT YB SNOITATS ECILOP EHT OT DEUSSI SSECORP FO RETSIGER( )SETARTSIGAM EHT YB SNOITATS ECILOP EHT OT DEUSSI SSECORP FO RETSIGER( noitatS eciloP fo emaN noitatS eciloP fo emaN fo efrou etaruNtaN tnes ntenhews n eethawD etaD nehwn eehtwaD etaD nehw enteahDw etaD htiwh tsiwse cssoercporp eheth tf ofo r erebbmmuuNN llaaiirreeSS skramesRkrameR eciloPe coiltoP ot ssecossrpec foor pe ufos seiussi rebrmebumnu enm emirCirC kcab dkecvaiebc deerviecer gniygfniitynfeitdniedi eseasacc rreebbmmuunn noitatnSoitatS deredderore sdarwo saw sralsurcailturcaiptrap )8( )8( )7( )7( )6( )6( )5( )5( )4( )4( )3()3( )2)(2( ))11(( SNOITCURTSNI SNOITCURTSNI struoC etartsigaM natiloporteM eht ni dna stcirtsid eht ni struoC s’etartsigaM eht fo hcae ni deniatniam eb dluohs mrof siht ni retsiger A .1 struoC etartsigaM natiloporteM eht ni dna stcirtsid eht ni struoC s’etartsigaM eht fo hcae ni deniatniam eb dluohs mrof siht ni retsiger A .1 eciloP eht fo sretsiger eht ekat ,shtnom owt ni ecno tsael ta dna elbissop sa netfo sa dluohs noitats ecilop eht fo egrahc ni ecilop fo rotcepsnI yrevE .2 eciloP eht fo sretsiger eht ekat ,shtnom owt ni ecno tsael ta dna elbissop sa netfo sa dluohs noitats ecilop eht fo egrahc ni ecilop fo rotcepsnI yrevE .2 yb deniatniam sdrocer eht ,yrassecen fi dna sretsiger eht ni esoht htiw seirtne eht pu kcehc ,struoC s’etartsigaM denrecnoc eht ot mih rednu noitatS yb deniatniam sdrocer eht ,yrassecen fi dna sretsiger eht ni esoht htiw seirtne eht pu kcehc ,struoC s’etartsigaM denrecnoc eht ot mih rednu noitatS gnivlovni sesac eht tuoba ,eb yam esac eht sa ,eciloP fo renoissimmoC dna eciloP fo tnednetnirepuS tcirtsiD eht ot troper a ekam dna struoC eht gnivlovni sesac eht tuoba ,eb yam esac eht sa ,eciloP fo renoissimmoC dna eciloP fo tnednetnirepuS tcirtsiD eht ot troper a ekam dna struoC eht .noissimo ro yaled suoires .noissimo ro yaled suoires .noitatS eciloP eht ot dettolla gnieb noitces eno ,mrof regdel ni deniatniam eb osla dluohs retsiger evoba ehT .3 .noitatS eciloP eht ot dettolla gnieb noitces eno ,mrof regdel ni deniatniam eb osla dluohs retsiger evoba ehT .3 eht dna reciffO lairetsiniM daeH eht yb yllacidoirep deziniturcs eb dluohs dna erac htiw deniatniam eb dluohs evoba debircserp retsiger ehT .4 eht dna reciffO lairetsiniM daeH eht yb yllacidoirep deziniturcs eb dluohs dna erac htiw deniatniam eb dluohs evoba debircserp re.testiagretsri geahMT .4 ton si tI .yletarapes nwohs eb dluohs ecnefed eht rof dna noitucesorp eht rof sessentiw ot sessecorp fo eussi eht ,retsiger eht fo )4(.e ntamrtusliogca MnI .5 ton si tIe l b.yallieatbar faop eesu snswI o .hsWs e.Db sdnluoomhmsu esc n8e ,f.esWd .ePh ts nroomf mdnuas n0o1i t,u.gc.ees,orrepbm euhnt rloatfo ts ersieshent tyiwlno o ttu sbe ssseessceonrtpiw fo e hetu fsosi h echate ,froet esmigaenr eehhtt wfoo h)s4 (o tn myruaslosecc ennI .5 elbaliab fo eussI .sW.D snommus 8 ,.sW.P snommus 01 ,.g.e ,rebmun latot r.ikenhit d yelrnnoi dtuebdr osecsesr eynltlaiwcif eichetp fso g nhiceabe s tfnoa rermawa nel behalti awb-onhosn odtn ay rsatnssaerrcaewn gniussi eht ot sessecorp eht fo nruter fo etad eht fi ,nruter fo etad eht re.kdnniu d newronhi sd eedbr oosclear dylluloahcisf igcneiprase ghn fioeb e tsatdn aerhrta w,re etslbigaelria ebh-tn foon )d7n( an smtnualorrca nwI .6 gniussi eht ot sessecorp eht fo nruter fo etad eht fi ,nruter fo etad eht rednu nwohs eb osla dluohs gniraeh fo etad.g enhirta e,rhe tfsoi geetard e ehhtt fnoa h)7t (re ntaml usil otrcu oncI .6 dna yllanosrep devres sessecorp fo rebmun eht )4( nmuloc ot ecnerefer htiw )a( ,yleman ,gniwollof eht deretne. gebn idralueohh fso r eettsaidg eerh eth nt afhot )r8e(t anlm sui ltoruc oncI .7 dna yllanosrep .dtoevn rreos dseetsusceecxoer per feow r setbnmaruranw e heltb )a4li(a nbm-nuolno dcn oat setncnarerraewfe erl hbatilwia b) ar(e h,ytelhemw aont s,ga nsirwaloulcliotrfa eph )tb d( edrneatn ,de eevbr edslnuuo dhesn rreuttseirg seers eshect ofrop )f8o( rnembmuulonc e nhIt .7 .ton ro detucexe erew stnarraw elbaliab-non dna stnarraw elbaliab rehtehw ot sa sralucitrap )b( dna ,devresnu denruter sessecorp fo rebmun eht316 41.oN mroF evitartsinimdA ])4(13 eluR eeS[ 41.oN retsigeR lanimirC SNOITATS ECILOP OT DEUSSI STNARRAW ELBALIAB-NON FO RETSIGER ..………………………:noitatS eciloP fo emaN skrameR detroper sa nekat noitca ehT no denruter tropeR nruter fo etad euD yna fi ,noitallecnac fo etaD eussi fo etaD deussi eb ot tserra gnitcerid redro laiciduj fo etaD detcerid mohw ot nosrep/reciffo ehT )ssentiw/ desucca( deussi tserra fo tnarraw mohw tsniaga nosrep eht fo sralucitrapdna emaN sralucitrap dna esaC desu mrof eht no detnirp rebmun ehT .oN.S 21 11 01 9 8 7 6 5 4 3 2 1 51.oN mroF evitartsinimdA )66 eluR eeS( 51.oN retsigeR lanimirC kooB gniraeH -- raeY — truoC skrameR detsop esaC skrameR detsop esaC )2( )1( )2( )1( eb dluohs gniraeh denruojda eht fo ecalp dna etad eht denruojda era sesac nehW )1( :etoN )2( nmuloc ni nwohs )502.C(,.g.e ) ( suht dekram eb dluohs gniraeh fo etad eht no fo desopsid sesaC )2(317 51.oN mroF evitartsinimdA )66 eluR eeS( 51.oN retsigeR lanimirC kooB gniraeH -- raeY — truoC skrameR detsop esaC skrameR detsop esaC )2( )1( )2( )1( eb dluohs gniraeh denruojda eht fo ecalp dna etad eht denruojda era sesac nehW )1( :etoN )2( nmuloc ni nwohs )502.C(,.g.e ) ( suht dekram eb dluohs gniraeh fo etad eht no fo desopsid sesaC )2(318 61.oN mroF evitartsinimdA 61.oN mroF evitartsinimdA )103 eluR eeS( )103 eluR eeS( 61.oN retsigeR lanimirC 61.oN retsigeR lanimirC RERTESTISGIEGRE RY YPOPOCC R RIAIAFF hcihwhc nihow e ntaoD etaD hchihcwih wn on oe teatDaD hctapshicdt afpos eidta fDo etaDsaw ysapwo cy prioacf riafhcihhwci hnwo neota eDtaD sawsa wtn tenmemgdgudjuj ffoo e ettaaDD eehhtt ffoo rreebbmmuuNN radnelaC fo eht yb dengis saw ypoc riaf rebmuN laireS radnelaC fo eht yb dengis saw ypoc riaf rebmuN laireS riaf rof nevig tnemgduJ esac riaf rof nevig tnemgduJ esac tnemetatS gnidiserP ydaer tnemetatS gnidiserP ydaer ypoc reciffO ypoc reciffO )7( )6( )5( )4( )3( )2( )1( )7( )6( )5( )4( )3( )2( )1(319 71 .oN MROF EVITARTSINIMDA )812 eluR eeS( 71.oN retsigeR lanimirC STRUOC LANIMIRC EHT NI SEIPOC ROF SNOITACILPPA FO LASOPSID DNA TPIECER EHT GNIWOHS RETSIGER ).etad dna reciffO lairetsiniM daeH eht fo slaitini htiw ,rof dellib si meti hcae hcihw ni htnom eht retne ereH( skrameR .esac hcae ni etad eht dna reciffO lairetsiniM daeH eht fo laitini htiw desunu denruter rebmun dna derapmoc dna deipoc srepap depmats fo rebmuN hsac ni diap eef eht deviecer gnivah fo nekot ni renimaxe dna tsiypoc eht fo erutangiS nosrep ni dereviled nehw tnacilppa fo erutangiS tsop yb tnes ro dereviled ypoc nehW slaitini sih htiw denimaxe saw ypoc eht hcihw no etadeht dna renimaxE fo emaN ydaer saw ypoc nehw etaD revo dednah erew yeht mohw ot stsiypoc fo slaitini dna eman ,dehsinruf erew slanigiro hcihw no etaD etad dna reciffO lairetsiniM daeH eht fo slaitini eht htiw detisoped hsac fo tnuomA )b( ro srepap pmats forebmuN )a( tnacilppa eht ot nevig saw ,deriuqer eef hcraes eht )c( ro ;diap eb ot eef eht )b( ro ;deriuqer srepap pmats fo rebmuN )a( -ot gnitaler noitamrofni hcihw no etaD hsac ni elbayap seef fo tnuoma eht ro repap a sdrow 571 ta deriuqer srepap pmats fo rebmun latoT deipoc eb ot sdrow fo rebmun latoT redro fo etad htiw ton ro detnarg eb yam seipoc rehtehw ot sa eciffo eht fo daeh eht fo sredrO sdrocer eht fo hcraes rof yna fi snoitacilppa eht ot dexiffa spmats eef-truoc fo eulav dna rebmuN deriuqer si hcihw fo ypoc drocer fo noitpircseD tnacilppa eht fo ssedda dna emaN tpiecer fo etaD rebmun laireS 71 .oN MROF EVITARTSINIMDA )812 eluR eeS( 71.oN retsigeR lanimirC STRUOC LANIMIRC EHT NI SEIPOC ROF SNOITACILPPA FO LASOPSID DNA TPIECER EHT GNIWOHS RETSIGER )81( )71( )61( )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( .sdrow ni sa llew sa erugif ni edam eb dluohs )71( dna )01( ,)8(,)7( snmuloc ni seirtne ehT -.etoN ).etad dna reciffO lairetsiniM daeH eht fo slaitini htiw ,rof dellib si meti hcae hcihw ni htnom eht retne ereH( skrameR .esac hcae ni etad eht dna reciffO lairetsiniM daeH eht fo laitini htiw desunu denruter rebmun dna derapmoc dna deipoc srepap depmats fo rebmuN hsac ni diap eef eht deviecer gnivah fo nekot ni renimaxe dna tsiypoc eht fo erutangiS nosrep ni dereviled nehw tnacilppa fo erutangiS tsop yb tnes ro dereviled ypoc nehW slaitini sih htiw denimaxe saw ypoc eht hcihw no etadeht dna renimaxE fo emaN ydaer saw ypoc nehw etaD revo dednah erew yeht mohw ot stsiypoc fo slaitini dna eman ,dehsinruf erew slanigiro hcihw no etaD etad dna reciffO lairetsiniM daeH eht fo slaitini eht htiw detisoped hsac fo tnuomA )b( ro srepap pmats forebmuN )a( tnacilppa eht ot nevig saw ,deriuqer eef hcraes eht )c( ro ;diap eb ot eef eht )b( ro ;deriuqer srepap pmats fo rebmuN )a( -ot gnitaler noitamrofni hcihw no etaD hsac ni elbayap seef fo tnuoma eht ro repap a sdrow 571 ta deriuqer srepap pmats fo rebmun latoT deipoc eb ot sdrow fo rebmun latoT redro fo etad htiw ton ro detnarg eb yam seipoc rehtehw ot sa eciffo eht fo daeh eht fo sredrO sdrocer eht fo hcraes rof yna fi snoitacilppa eht ot dexiffa spmats eef-truoc fo eulav dna rebmuN deriuqer si hcihw fo ypoc drocer fo noitpircseD tnacilppa eht fo ssedda dna emaN tpiecer fo etaD rebmun laireS )81( )71( )61( )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( .sdrow ni sa llew sa erugif ni edam eb dluohs )71( dna )01( ,)8(,)7( snmuloc ni seirtne ehT -.etoN320 81.oN mroF evitartsinimdA ])1(52 & )3(5 seluR eeS[ 81.ON RETSIGER LANIMIRC STEEHS-EGRAHC DERREFER DNA STEEHS-EGRAHC FO RETSIGER ..………………:noitatS eciloP fo emaN )tropeR noitamrofnI tsriF ni nwohs sa( rebmuN emirC dna noitatS eciloP fo emaN )tropeR noitamrofnI tsriF eht fo( tpiecer fo etaD rebmuN laireS HCIHW NO ETAD slaitini sih htiw repeek-drocer eht ot drocer fo yreviled fo etaD eciloP fo renoissimmoC/tnednetnirepuS tcirtsiD eht ot noitacinummoc fo etaD .redro eht fo etad dna redro s’etartsigaM fo tropruP )teehs egrahc derrefer( wal fo noitceS teehs-egrahc derrefer eht fo rebmun dna teehs-egrahc derrefer fo tpiecer fo etaD dengissa esac eht fo rebmun eht dna etartsigaM eht yb elif no nekat saw teehs-egrahC* truoC eht ni deviecer saw teehS-egrahC )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( nmuloc siht ni deretne eb dluohs esac eht ot nevig rebmun rehto ro .C.R.P ,.C.C ehT* :snoitcurtsnI deretne eb ton deen teehs-egrahc a ot tneuqesbus ro htiw gnola deviecer si hcihw tropeR noitamrofnI tsriF A .1 .retsiger eht ni hcae ot dettolla gnieb foereht noitces etarapes a ,regdel a fo mrof eht ni deniatniam eb llahs retsiger ehT .2 .noitats ecilop 91.oN mroF evitartsinimdA )85 eluR eeS( ]91.oN retsigeR lanimirC[ SLAIRT DNA SEIRIUQNI NI DECUDORP YTREPORP FO LASOPSID EHT GNIWOHS RETSIGER --truoC --raeY noitats fo eman htiw teehs egrahc fo rebmun dna etad ro esac fo rebmuN ytreporp fo noitpircseD )2( .yna fi ,sreciffo gnitcepsnI fo skrameR etartsigaM ro egduJ eht fo slaitinI yrusaerT ot sdeecorp-elas fo ecnattimer fo etaD dezilaer tnuoma eht dna noitcua fo etad eht ,noitcua yb dlos fI etartsigaM ro egduJ eht fo slaitinI etad dna erutangis ,tnega sih ro ,ti gnicudorp ytrap ot denruter fI etad htiw wal fo noitces dna lasopsid rof redro fo sralucitraP etartsigaM ro egduJ eht fo slaitinI ytreporp rehtO ytreporp elbaulaV .oN laireS 81.oN mroF evitartsinimdA ])1(52 & )3(5 seluR eeS[ 81.ON RETSIGER LANIMIRC STEEHS-EGRAHC DERREFER DNA STEEHS-EGRAHC FO RETSIGER ..………………:noitatS eciloP fo emaN )01( )9( )8( )7( )6( )5( )4( )3( )c( )b( )a( )1( .sR snoitcurtsnI dna selbaulav eht kcehc lliw ohw etartsigaM ro egduJ gnidiserp eht yb shtnom eerht ni ecno tsael ta detcepsni eb llahs retsiger sihT .1 .skramer rof nmuloc eht ni noitcepsni sih fo tluser eht drocer .raey suoiverp eht fo retsiger eht morf drawrof thguorb eb llahs smeti gnidnatstuo eht dna raey yreve denepo eb llahs retsiger hserf A .2 eno ,desu ebllahs tpiecer fo mrof etacilpirt a ,lasopsid rof etartsigaM rehto ro etartsigaM laiciduJ feihC eht ot tnes era selbaulav nehW .3 dna mih yb dengis dna dekcehc eb lliw eno hcihw fo etartsigaM eht ot tnes eb lliw owt rehto eht ,ypoc eciffo eht eb lliw hcihw fo trap .truoC snoisseS eht ni tpiecer no retsiger siht ni detsap .retsiger rieht htiw selbaulav eht dekcehc gnivah fo etacifitrec a dnes lliw truoC lanimirC hcaE .4 dna nallahc ehT .retsiger siht ot thguorb gnieb rof detnuocca eb ylreporp dluohs seitreporp esac gnieb ,smeti rehto hcus dna stisopeD .5 deraperp eb ylidaer yam srehcuov stnemtsujda tisoped taht os retsiger eht ni deton eb osla yam tisoped eht fo setad dna srebmun eht .skramer eht ot gnitaler nmuloc tsal eht ni deton tcaf eht dna ,tnemtsujda rof seirusaerT-buS detcennoc eht ot tnes dna )tropeR noitamrofnI tsriF ni nwohs sa( rebmuN emirC dna noitatS eciloP fo emaN )tropeR noitamrofnI tsriF eht fo( tpiecer fo etaD rebmuN laireS HCIHW NO ETAD slaitini sih htiw repeek-drocer eht ot drocer fo yreviled fo etaD eciloP fo renoissimmoC/tnednetnirepuS tcirtsiD eht ot noitacinummoc fo etaD .redro eht fo etad dna redro s’etartsigaM fo tropruP )teehs egrahc derrefer( wal fo noitceS teehs-egrahc derrefer eht fo rebmun dna teehs-egrahc derrefer fo tpiecer fo etaD dengissa esac eht fo rebmun eht dna etartsigaM eht yb elif no nekat saw teehs-egrahC* truoC eht ni deviecer saw teehS-egrahC )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( nmuloc siht ni deretne eb dluohs esac eht ot nevig rebmun rehto ro .C.R.P ,.C.C ehT* :snoitcurtsnI deretne eb ton deen teehs-egrahc a ot tneuqesbus ro htiw gnola deviecer si hcihw tropeR noitamrofnI tsriF A .1 .retsiger eht ni hcae ot dettolla gnieb foereht noitces etarapes a ,regdel a fo mrof eht ni deniatniam eb llahs retsiger ehT .2 .noitats ecilop321 91.oN mroF evitartsinimdA )85 eluR eeS( ]91.oN retsigeR lanimirC[ SLAIRT DNA SEIRIUQNI NI DECUDORP YTREPORP FO LASOPSID EHT GNIWOHS RETSIGER --truoC --raeY noitats fo eman htiw teehs egrahc fo rebmun dna etad ro esac fo rebmuN ytreporp fo noitpircseD )2( .yna fi ,sreciffo gnitcepsnI fo skrameR etartsigaM ro egduJ eht fo slaitinI yrusaerT ot sdeecorp-elas fo ecnattimer fo etaD dezilaer tnuoma eht dna noitcua fo etad eht ,noitcua yb dlos fI etartsigaM ro egduJ eht fo slaitinI etad dna erutangis ,tnega sih ro ,ti gnicudorp ytrap ot denruter fI etad htiw wal fo noitces dna lasopsid rof redro fo sralucitraP etartsigaM ro egduJ eht fo slaitinI ytreporp rehtO ytreporp elbaulaV .oN laireS )01( )9( )8( )7( )6( )5( )4( )3( )c( )b( )a( )1( .sR snoitcurtsnI dna selbaulav eht kcehc lliw ohw etartsigaM ro egduJ gnidiserp eht yb shtnom eerht ni ecno tsael ta detcepsni eb llahs retsiger sihT .1 .skramer rof nmuloc eht ni noitcepsni sih fo tluser eht drocer .raey suoiverp eht fo retsiger eht morf drawrof thguorb eb llahs smeti gnidnatstuo eht dna raey yreve denepo eb llahs retsiger hserf A .2 eno ,desu ebllahs tpiecer fo mrof etacilpirt a ,lasopsid rof etartsigaM rehto ro etartsigaM laiciduJ feihC eht ot tnes era selbaulav nehW .3 dna mih yb dengis dna dekcehc eb lliw eno hcihw fo etartsigaM eht ot tnes eb lliw owt rehto eht ,ypoc eciffo eht eb lliw hcihw fo trap .truoC snoisseS eht ni tpiecer no retsiger siht ni detsap .retsiger rieht htiw selbaulav eht dekcehc gnivah fo etacifitrec a dnes lliw truoC lanimirC hcaE .4 dna nallahc ehT .retsiger siht ot thguorb gnieb rof detnuocca eb ylreporp dluohs seitreporp esac gnieb ,smeti rehto hcus dna stisopeD .5 deraperp eb ylidaer yam srehcuov stnemtsujda tisoped taht os retsiger eht ni deton eb osla yam tisoped eht fo setad dna srebmun eht .skramer eht ot gnitaler nmuloc tsal eht ni deton tcaf eht dna ,tnemtsujda rof seirusaerT-buS detcennoc eht ot tnes dna322 02.oN mroF evitartsinimdA )103 eluR eeS( 02.oN mroF evitartsinimdA )103 eluR eeS( 02.ONRETSIGERLANIMIRC 02.ONRETSIGERLANIMIRC YTREPORP DEMIALCNU FO RETSIGER YTREPORP DEMIALCNU FO RETSIGER )STRUOC’SETARTSIGAM( )STRUOC’SETARTSIGAM( lasopsiD fo etaD fo desopsid woH eht ot ecnerefeR lasopsiD fo etaD fo desopsid woHetaidemretnI ,erehw ,nehW eht ot ecnerefeR htiw rebmun fo ecnattimer dna ;nehw dna etaidemretnI ,erehw ,nehW noitpircseD htiw tnerruc laireS skrameR htiw rebmun fo ecnattimer dna ;nehw dnahtiw secnerefer mohw yb dna noitpircseD htiw tnerruc laireS skeralimf eeRht hcihw ot tnuoma ta dezilaer tnuoma htiw secnerefer mohw yb dna ytreporp fo si ytreporp hcihw .oN elif eht hcihw ot tnuoma ta dezilaer tnuoma * setad dnuof ytreporp fo si ytreporp hcihw .oN sesolc .yrusaerT )dlos fi( elas * setad dnuof deviecer sesolc .yrusaerT )dlos fi( elas deviecer )9( )9( )8( )8( )7( )7( )6( )6( )5( )5( )4()4( )3)3(( )2)(2( )1()1( --sasa h hccuuss ,,ssrraalluuccitirtarpa pre rtenten eer eeHre *H * .sserP tcirtsiD eht ot eciton eht fo noissimbus fo etaD )1( .sserP tcirtsiD eht ot eciton eht fo noissimbus fo etaD )1( .ettezaG tcirtsiD eht ni eciton eht fo noitacilbup fo etaD )2( .ettezaG tcirtsiD eht ni eciton eht fo noitacilbup fo etaD )2( .cte ,noereht sredro fo dna etartsigaM laiciduJ feihC eht ot ecnerefer fo etaD )3( .cte ,noereht sredro fo dna etartsigaM laiciduJ feihC eht ot ecnerefer fo etaD )3(323 12.oN mroF evitartsinimdA )103 eluR eeS( 12.oN mroF evitartsinimdA )103 eluR eeS( 12.ONRETSIGERLANIMIRC 12.ONRETSIGERLANIMIRC DEVIECER SRADNELAC FO RETSIGER DEVIECER SRADNELAC FO RETSIGER )ETARTSIGAM NATILOPORTEM FEIHC/SETARTSIGAM LAICIDUJ FEIHC DNA STRUOC SNOISSES( )ETARTSIGAM NATILOPORTEM FEIHC/SETARTSIGAM LAICIDUJ FEIHC DNA STRUOC SNOISSES( ......................................raeY ........................................… truoC ......................................raeY ........................................… truoC *. . . . . . . . . . . . . . . fo etartsigaM . . . . . . . . . . . . . . . . eht morf deviecer sradnelaC *. . . . . . . . . . . . . . . fo etartsigaM . . . . . . . . . . . . . . . . eht morf deviecer sradnelaC FO ETAD laireS ,rof dellac sdrocer fI skrameR radnelaC fo lasureP FO ETArDadnelaC fo stpieceR lraeirbemSun elif no,riosfiv deeRll anco s rderbomceur nfI skrameR radnelaC fo lasureP radnelaC fo stpieceR reebsmacu nfo elif noisiveR no rebmun esac fo 5 4 3 2 1 5 4 3 2 1 .slaeppa ro slairt yrammus ,sesac radnelac retne ereH * .slaeppa ro slairt yrammus ,sesac radnelac retne ereH *324 22.oN mroF evitartsinimdA ])2(072 eluR eeS[ 22.oN mroF evitartsinimdA ])2(072 eluR eeS[ 22.ONRETSIGERLANIMIRC 22.ONRETSIGERLANIMIRC DEVIECER SRADNELAC FO RETSIGER DEVIECER SRADNELAC FO RETSIGER )ETARTSIGAM NATILOPORTEM FEIHC/SETARTSIGAM LAICIDUJ FEIHC( )ETARTSIGAM NATILOPORTEM FEIHC/SETARTSIGAM LAICIDUJ FEIHC( *. . . . . . . . . . . . . . . fo etartsigaM. . . . . . . . . . . . . . . . . eht morf deviecer sradnelaC *. . . . . . . . . . . . . . . fo etartsigaM. . . . . . . . . . . . . . . . . eht morf deviecer sradnelaC ........… raeY ...........................truoC ........… raeY ...........................truoC FO ETAD laireS tneuqesbuS ot noissimbuS eFtaOrt sEiTgAaMD ot nruteR floai rreeSbmun yna fi ,sgtnniedueqeecsobrupS ylper fo tpieceR radnelaC fo tpieceR egduoJt ntcoiirstssiimDbuS etartsigaM ot nruteR fo rebemsaucn yna fi ,sgnideecorp ylper fo tpieceR radnelaC fo tpieceR egduJ tcirtsiD esac 6 5 4 3 2 1 6 5 4 3 2 1 .sretsiger yranimilerp ro sesac suoenallecsim ,sesac radnelac retne ereH * .sretsiger yranimilerp ro sesac suoenallecsim ,sesac radnelac retne ereH * eht rof etartsigaM natiloporteM feihC/setartsigaM laiciduJ feihC eht fo seciffo eht ni deniatniam eb dluohs retsiger sihT :ETON eht rof etartsigaM natiloporteM feihC/setartsigaM laiciduJ feihC eht fo seciffo eht ni deniatniam eb dluohs retsiger sihT :ETON .segrahc evitcepser rieht rednu setartsigaM natiloporteM/setartsigaM laiciduJ eht morf deviecer sradnelac .segrahc evitcepser rieht rednu setartsigaM natiloporteM/setartsigaM laiciduJ eht morf deviecer sradnelac325 32.oN mroF evitartsinimdA ])2(072 eluR eeS[ 32.oN mroF evitartsinimdA ])2(072 eluR eeS[ 32.ONRETSIGERLANIMIRC 32.ONRETSIGERLANIMIRC MORF DEVIECER SEILPER DNA STNEMGDUJ DNA SRADNELAC NO SKRAMER EHT GNIWOHS RETSIGER MORF DEVIECER SEILPER DNA STNEMGDUJ DNA SRADNELAC NO SKRAMER EHT GNIWOHS RETSIGER TCIRTSID )ETARTSIGAM( )EMAN( TCIRTSID )ETARTSIGAM( )EMAN( feihC/etartsigaM laiciduJ feihC ro etartsigaM eht fo skrameR esac fo rebmun dna truoC fo emaN setartsigaM efhetih fCo /seetailrptseigr adMna l asilcaiidtiunJi fseiihh Cdn rao eettaarrttssiiggaaMM enhatt filoo spkorratmeMeR esac fo rebmun dna truoC fo emaN setartsigaM eht fo seil.pseert addn ah tsilwaitini sih dna etartsigaM natiloporteM .setad htiw )2( )1( )2( )1( snoitcurtsnI snoitcurtsnI natiloporteM feihC/ s’etartsigaM laiciduJ feihC eht ni eman yb etartsigaM hcae rof yletarapes nettirw eb dluohs retsiger ehT .1 natiloporteM feihC/ s’etartsigaM laiciduJ feihC eht ni eman yb etartsigaM hcae rof yletarapes nettirw eb dluohs retsiger ehT .1 .eciffo s’etartsigaM .eciffo s’etartsigaM eht lla rof deniatniam eb dluohs eciffo s’etartsigaM natiloporteM feihC/etartsigaM laiciduJ feihC eht ni retsiger ehT .2 eht lla rof deniatniam eb dluohs eciffo s’etartsigaM natiloporteM feihC/etartsigaM laiciduJ feihC eht ni retsiger ehT .2 .setartsigaM etanidrobuS .setartsigaM etanidrobuS edam skreadmamer sekhrta mylenro e nhtia ytlnnooc n dialutnoohcs deltuaorhtssi geataMrts nigaatiMlo pnoatritleoMpo rfteeiMhC f/eeithaCrt/seitgaartMsig laaMic ildauicJi dfueJih fCei heCht e yhbt ydbe ndieantinaitanmia mre trseitgsiegre er heThT .3.3 feihC/etafretishigCa/eMtar ltasiigcaidMuJ l afieciihdCuJ efheith Cfo e shktr afom esrkr hamcuesr dhcnuas e dtanrats eigtaarMtsig naaMtil onaptoilrotepMort efMeih fCei/heCta/rettsairgtasiMga Mlai claiidcuidJu fJe ifheiChC e heth ty byb dna etartdsingaa Meta rntsaitgilaoMpo nrtaetiMlop foeritheCM/e fteairhtCsi/geataMrts liagiacMid ulaJi cfiediuhJC f eeihhtC f oeh stk froa mskerra mehetr neih to nt id oetr rdeefrerre feerra e sraa seata erttasirgtsaigMaM na ntialtoilpooprotertMeM .elbig.ielllbeitgniil lreettntai lr eethtatl f eoh st kfora smkrearm eehrt eehkta emka omt yorta ysrsaescseence enb e lbl ilwliw h chichiwhw laiciduJ fleaiichiCdu eJh fte ishAC .eehtat rstAsig .aeMtar thsicgaaeM r ohfc adee nroefp ode enbe pdolu eobh dsl usroehtss isgreerts eigtaerra epteaSra p.setSe e.hstse eehsso oels osoal tspae tkp eekb etbon to dne denee rne trseitgsiegre re heThT .4.4 s’etartsigsa’Meta rethsitg naiM ,r eehtsti gnei r,r seithsitg nero sdihets anbo ydletsraabp yelbtr aypa meb h ycaimhw h c,eihtown , eat oenv aae el voate sl aoht seatahr testiagrtasMiga nMat inlaotpiloorptoerMte Mfe ifheCih/Cet/aertatsritsgiagMaM si etartsisgia Meta retstiagnaiMdro ebtuansi daro nbeuhsw a rneethsiwge rre teshigte rre efshnta rretf sonta rytr aosts yecraesnse tcoenn stoin t is i,d teir r,deefsrrneafrstn asrit esih e nhe hnweh wte etheesh sla iltanitendeidfnifoncoc .derrefsnart .derrefsnart326 42.oN mroF evitartsinimdA )102 & 921 seluR eeS( 42.oN mroF evitartsinimdA 42.ONRETSIGERLANIMIRC )102 & 921 seluR eeS( DEUSSI SREHCUOV TISOPED DNA SETACIFITREC DNUFER FO RETSIGER42.ONRETSIGERLANIMIRC DEUSSI SREHCUOV TISOPED DNA SETACIFITREC DNUFER FO RETSIGER –truoC –truoC –raeY –raeY eht hcihw no etaD fo erutangiS ro etacifitreehct dhncuihfwer no etaD fo emaN ro ytrap ehtfo erutangiS dna emaN saw rehcuorov e ttiascoifpietrdec dnufer hcihw truoC fo emaN hcifhow e mtrauNoC ni tnega ro ytrap eht eht fo ecdnnead eimsearN htnoM eht ot dsearwev rielehdcuov tisopedtnuomA dnuhfceirh ewh ttr duoeCno fiot cenmaasN ehhct idhwes otrpumoCi fo nekot ni tnega mohw oeth lt afuod eicvnieddniiser foh tentoaMD & skrameR fi ,tnega sih erhot yott rdaepreviledeb ot deretdnruoomA dnad nnuofietar senhet pdmenoocit crnoas edhtn dae esnopifmi gnivah fo nekot ro mdnouhwfe ro te lhatudividni foe teatcaiDfi t&rec skrameR fi ,tnega sih ro ytrap eb ot deredro dna noitasnepmoc ro dna enif gnivarho truoC eht erofeb diap ro dnufer eht dna tnemgduj fo etad fo rebmun etacifitrec eht deviecer ro truoC eht erofeb diap redro noitasnepmoc dna tnemgduj fo etad fo rebmun rehcuov ro eht devieocet rhctapsid sti fo redro noitasnepmoc.esac eht fo rebmun sti no esac rehcuov ro ro etacifitrec ot hctapsid sti fo detnarg saw .esac eht fo rebmun sti no esac ro etacifrietrwecoL eht dna mih detnarg saw elif .rehcuov rewoL eht dna mih elif .rehcuov .truoC .truoC )8( )7( )6( )5( )4( )3( )2( )1( )8( )7( )6( )5( )4( )3( )2( )1( .P .P.sR .sR327 52.oN mroF evitartsinimdA ])5dna2( )C(dna )3()1()A(402dna55 seluR eeS[ 52.ONRETSIGERLANIMIRC DEDNUFER DNA DEIVEL ,DESOPMI SENIF FO RETSIGER ...................… truoC ......................… raeY .esac fo rebmuN enif fo noitisopmi fo etaD SNOITCELLOC SENIF RO SHTNOMSUOIVERP FO SESAC NI(DETCELLOCNU ECNALAB,.e.iDNAMED )HTNOM TNERRUCFO SESAC NI DESOPMI eht foemaN .desucca .tnemnrevoG eht ot detiderceb ot senif fo tnuomA ot yllautneve detiderc eb ot seniF .cte ,sdnuF lapicinuM ,sdnuF lacoL etartsigaM ro egduJ fo slaitinI noitcelloC fo etaD detcelloc tnuomA etartsigaM ro egduJ fo slaitinI )5( ro )4( nmuloc ni deretne eb tonnac hcihw senif ekil elbarevocer smus rehto lla dna noitasnepmoc dna ,erudecorP lanimirC fo edoC ,853 ro 753 ,052 snoitces rednu dedrawa noitasnepmoC .desopmi si enif eht hcihw rednu wal fo noisivorp eht dna denrecnoc noitaicossa ro ydob ,dnuf eht fo emaN tnuomA 52.oN mroF evitartsinimdA ])5dna2( )C(dna )3()1()A(402dna55seluR eeS[ 52.ONRETSIGERLANIMIRC DEDNUFER DNA DEIVEL ,DESOPMI SENIF FO RETSIGER ...................… truoC ......................… raeY )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( .P .sR .P .sR .P .sR P .sR .esac fo rebmuN enif fo noitisopmi fo etaD SNOITCELLOC SENIF RO SHTNOMSUOIVERP FO SESAC NI(DETCELLOCNU ECNALAB,.e.iDNAMED )HTNOM TNERRUCFO SESAC NI DESOPMI eht foemaN .desucca .tnemnrevoG eht ot detiderceb ot senif fo tnuomA ot yllautneve detiderc eb ot seniF .cte ,sdnuF lapicinuM ,sdnuF lacoL etartsigaM ro egduJ fo slaitinI noitcelloC fo etaD detcelloc tnuomA etartsigaM ro egduJ fo slaitinI )5( ro )4( nmuloc ni deretne eb tonnac hcihw senif ekil elbarevocer smus rehto lla dna noitasnepmoc dna ,erudecorP lanimirC fo edoC ,853 ro 753 ,052 snoitces rednu dedrawa noitasnepmoC .desopmi si enif eht hcihw rednu wal fo noisivorp eht dna denrecnoc noitaicossa ro ydob ,dnuf eht fo emaN tnuomA )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( .P .sR .P .sR .P .sR P .sR328 ELBAREVOCERRI DNA STNUOMA YRUSAERT-BUSNI DETIDERCTNUOMA SNOISSIMER detcellocnu ecnalaB SDNUFER .skrameR tnemnrevoG eht ot detiderC ot yllautneve detiderc eb oT ,sdnuF lapicinuM ,sdnuF lacoL .cte redro dnufer fo etad dna rebmuN dednufer tnuomA .ffo etirw ot noitcnas fo etad dna rebmuN ffo nettirw tnuomA etartsigaM ro egduJ fo slaitinI yrusaerT–buS ni tiderc fo etaD )7( nmuloc ni debircsed stnuoma rehto dna noitasnepmoC desopmi si enif eht hcihw rednu wal fo noisivorp eht dna denrecnoc noitaicossa ro ydob ,dnuf eht fo emaN detiderc tnuomA )32( )22( )12( )02( )91( )81( )71( )61( )51( )41( )31( )21( .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .noitucesorp fo sesnepxero seef noitisopmoc esicxe dna tserof dna enif a sa elbarevocer tnuoma yna sedulcni ’senif‘ drow ehT)1(–.etoN fo tnednetnirepuS eht ot ecno ta tnes eb tsum noitcelloc sti fo noitamitni,nosirp ni si desopmi neeb sah ti mohw no nosrep eht elihw detcelloc si enif a fI )2( .ecitcarP fo seluR lanimirC eht fo47elur eeS–)32( nmuloc ni deton tcaf eht dna nosirP eht .)32( nmuloc niyrtne eht tsniaga edam eb dluohs s’laeppa no dettimeR‘ eton a )91( dna )81( snmuloc ni deretne noissimer a fo esac eht nI )3( deifsitas evah yeht taht wohs slaitini hcus taht tcaf eht ot detivni si )71( dna )11( ,)8( snmuloc rednu gnilaitini setartsigaM dna segduJ fo noitnetta ehT )4( tuohtiw retsiger eht morf degnupxe eb llahs yrtne oN .yrusaert eht ot detiderc dna detcelloc ,dnamed ot nekat era desopmi senif eht taht sevlesmeht .etartsigaM ro egduJ eht yb noitatsetta329 62.oN mroF evitartsinimdA )372 eluR eeS( 62.ONRETSIGERLANIMIRC SEITRAP MORF DETCELLOC ATTAB ’SSENTIW FO RETSIGER skrameR eciffo eht fo daeh eht fo slaitinI )01( dna )6( snmuloc neewteb ecnereffid .e.i ecnalab gnisolC )8( dna )7( nmuloc fo latoT ytrap ro ssentiw fo kram ro erutangiS seitrap ot dednufer tnuomA sessentiw ot diap tnuomA )5( dna )4( nmuloc fo latoT tisoped fo tnuomA ecnalab gninepO ytrap eht fo emaN .esac eht fo rebmuN etaD 62.oN mroFevitartsinimdA )372 eluR eeS( 62.ONRETSIGERLANIMIRC SEITRAP MORF DETCELLOC ATTAB ’SSENTIW FO RETSIGER )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( .P .SR .P .SR .P .SR .P .SR .P .SR .P .SR .P .SR .snoitcurtsnI etarapes ,esoprupsiht roF .flesti retsiger eht ni dedrocer gnieb tcartsba yliad a htiw ,mrof regdel eht ni deniatniam eb dluohs retsiger sihT .1 segap emos ,tcartsba yliad eht gniretne rof dna esac hcae rof dettolla eb dluohs esac ralucitrap eht fo sdeen eht ot gnidrocca segap ro egap .dne eht ta dettolla eb dluohs siht ni deretne eb dluohs ,htiw desnepsid si ecnedive esohw sessentiw rof detcelloc attab dna attab ssentiw tnepsnu fo tnuoma ehT .2 eht yb emit rehtona dna reciffO lairetsiniM daeH eht yb ecno ,htnom yreve slavretni raluger ta dekcehc eb tsum retsiger ehT .retsiger .sretsiger fo yniturcs eht gnirud egduJ/etartsigaM gnidiserP skrameR eciffo eht fo daeh eht fo slaitinI )01( dna )6( snmuloc neewteb ecnereffid .e.i ecnalab gnisolC )8( dna )7( nmuloc fo latoT ytrap ro ssentiw fo kram ro erutangiS seitrap ot dednufer tnuomA sessentiw ot diap tnuomA )5( dna )4( nmuloc fo latoT tisoped fo tnuomA ecnalab gninepO ytrap eht fo emaN .esac eht fo rebmuN etaD )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( .P .SR .P .SR .P .SR .P .SR .P .SR .P .SR .P .SR .snoitcurtsnI etarapes ,esoprupsiht roF .flesti retsiger eht ni dedrocer gnieb tcartsba yliad a htiw ,mrof regdel eht ni deniatniam eb dluohs retsiger sihT .1 segap emos ,tcartsba yliad eht gniretne rof dna esac hcae rof dettolla eb dluohs esac ralucitrap eht fo sdeen eht ot gnidrocca segap ro egap .dne eht ta dettolla eb dluohs siht ni deretne eb dluohs ,htiw desnepsid si ecnedive esohw sessentiw rof detcelloc attab dna attab ssentiw tnepsnu fo tnuoma ehT .2 eht yb emit rehtona dna reciffO lairetsiniM daeH eht yb ecno ,htnom yreve slavretni raluger ta dekcehc eb tsum retsiger ehT .retsiger .sretsiger fo yniturcs eht gnirud egduJ/etartsigaM gnidiserP330 72.oN mroF evitartsinimdA ])2( 672 eluR eeS[ 72.ONRETSIGERLANIMIRC ECNAWOLLA GNILLEVART DNA ATTAB ’SESSENTIW NO ETARTSIGAM RO EGDUJ FO SREDRO FO RETSIGER esac fo rebmuN sessentiw fo semaN ecnaraeppa sih fo yad tsrif eht no ssentiw eht fo erutangiS saw ssentiw eht rehtehW eht gnixif redro s’egduJ no tneserp skrameR egduJ eht fo slaitinI noitats yawliar tseraen eht dna egalliveht fo eman eht htiw elbaliava si egaelim hcihw rof ecnatsiD elbayap si attab hcihw rof syad fo rebmuN ssentiw eht fo ssalC yad htfiF yad htruoF yad drihT yad dnoceS 72.oN mroF evitartsinimdA ])2( 672 eluR eeS[ 72.ONRETSIGERLANIMIRC ECNAWOLLA GNILLEVART DNA ATTAB ’SESSENTIW NO ETARTSIGAM RO EGDUJ FO SREDRO FO RETSIGER )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( fo etad eht dna tcaf eht dna ssentiw rehto yna fo esac eht ni sa tsuj retsiger siht ni nekat eb dluohs ssentiw laiciffo na fo erutangis ehT – .etoN .yrtne eht tsniaga deton eb dluohs etacifitrec ecnadnetta truoc eht fo eussi esac fo rebmuN sessentiw fo semaN ecnaraeppa sih fo yad tsrif eht no ssentiw eht fo erutangiS saw ssentiw eht rehtehW eht gnixif redro s’egduJ no tneserp skrameR egduJ eht fo slaitinI noitats yawliar tseraen eht dna egalliveht fo eman eht htiw elbaliava si egaelim hcihw rof ecnatsiD elbayap si attab hcihw rof syad fo rebmuN ssentiw eht fo ssalC yad htfiF yad htruoF yad drihT yad dnoceS )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( fo etad eht dna tcaf eht dna ssentiw rehto yna fo esac eht ni sa tsuj retsiger siht ni nekat eb dluohs ssentiw laiciffo na fo erutangis ehT – .etoN .yrtne eht tsniaga deton eb dluohs etacifitrec ecnadnetta truoc eht fo eussi331 82.oN mroFevitartsinimdA )46eluR eeS( 82.ONRETSIGERLANIMIRC ..… TRUOC ..…… EHT FO ELIFEHT NO ...fo .. .oN ESAC LANIMIRC NI SESSENTIW OT ECNAWOLLA GNILLEVART DNA ATTAB .ssalC tahW sessentiw fo semaN attaB ecnawolla gnillevarT skrameR elbayap mohw ot ytrap fo stpieceR 72.oN retsigeR htiw nosirapmoc dna etartsigaM ro reciffO lairetsiniM daeH fo etacifitreC ecnawolla gnilevart dna attab latoT meid rep etaR syad fo rebmuN .ecnadnetta fo syad nossentiw ssalc-tsrif fo truoC morf dna ot erih egairrac fo tsoc lautcA )682 elur ,ecitcarP fo seluR lanimirC( daor yb egairrac fo sesnepxe lautca fo tnuomA daor yb egaelim ro eraf yawliar fo tnuomA daor yb selim fo rebmuN daor yb egaelim fo etar ro liar ybssalc fo rebmuN 82.oN mroFevitartsinimdA )46eluR eeS( 82.ONRETSIGERLANIMIRC ..… TRUOC ..…… EHT FO ELIFEHT NO ...fo .. .oN ESAC LANIMIRC NI SESSENTIW OT ECNAWOLLA GNILLEVART DNA ATTAB )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( .ssalC tahW sessentiw fo semaN attaB ecnawolla gnillevarT skrameR elbayap mohw ot ytrap fo stpieceR 72.oN retsigeR htiw nosirapmoc dna etartsigaM ro reciffO lairetsiniM daeH fo etacifitreC ecnawolla gnilevart dna attab latoT meid rep etaR syad fo rebmuN .ecnadnetta fo syad nossentiw ssalc-tsrif fo truoC morf dna ot erih egairrac fo tsoc lautcA )682 elur ,ecitcarP fo seluR lanimirC( daor yb egairrac fo sesnepxe lautca fo tnuomA daor yb egaelim ro eraf yawliar fo tnuomA daor yb selim fo rebmuN daor yb egaelim fo etar ro liar ybssalc fo rebmuN )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1(332 92.oN MROFEVITARTSINIMDA )103 eluR eeS( 92.ON RETSIGER LANIMIRC KOOB HSAC )STRUOC ’SETARTSIGAM( eht rof…………fo setartsigaM..………… eht fo eciffo eht fo tnuocca hsaC .……02.………… fo htnom .rC .rD sralucitraP regdel ni oilof ro meti fo rebmuN etaD stpieceR etaD meti fo gnidaeh ro tnuocca fo daeH fo rebmuN sralucitraP regdel ni oiloF stnemesrubsiD .meti fo gnidaeh ro tnuocca fo daeH yrusaerTro knaB hsaC rehcuoV metI yrusaerTro knaB hsaC )8( )7( )6( )5( )4( )3( )2( )1( )6( )5( )4( )3( )2( )1( .P .sR .P .sR .P.sR .P .sR drawrof thguorB drawrof thguorB revo deirraC revo deirraC ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SNOITCURTSNI gnitiefrof yb dezilaer syenom ,senif ,secnawolla gnillevart ,seiralas tpecxe retsiger siht ni nwohs eb dluohs snoitcasnart hsac llA )A( .seiterusdna desucca ,sessentiw fo sdnob ytiruces .koob hsac eht ni nwohs eb osla dluohs sretsiger ytreporp ni nwohs hguoht stpiecer fo meti lanoisacco na gnieb sdeecorp elaS )B( .htnom eht rof stnuocca sti sesolc yrusaert-bus ro yrusaert eht hcihw no setad eht no htnom a ecno decnalab eb dluohs koob hsac ehT )C(333 92.oN MROFEVITARTSINIMDA )103 eluR eeS( 92.ON RETSIGER LANIMIRC KOOB HSAC )STRUOC ’SETARTSIGAM( eht rof…………fo setartsigaM..………… eht fo eciffo eht fo tnuocca hsaC .……02.………… fo htnom .rC .rD sralucitraP regdel ni oilof ro meti fo rebmuN etaD stpieceR etaD meti fo gnidaeh ro tnuocca fo daeH fo rebmuN sralucitraP regdel ni oiloF stnemesrubsiD .meti fo gnidaeh ro tnuocca fo daeH yrusaerTro knaB hsaC rehcuoV metI yrusaerTro knaB hsaC )8( )7( )6( )5( )4( )3( )2( )1( )6( )5( )4( )3( )2( )1( .P .sR .P .sR .P.sR .P .sR drawrof thguorB drawrof thguorB revo deirraC revo deirraC ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- SNOITCURTSNI gnitiefrof yb dezilaer syenom ,senif ,secnawolla gnillevart ,seiralas tpecxe retsiger siht ni nwohs eb dluohs snoitcasnart hsac llA )A( .seiterusdna desucca ,sessentiw fo sdnob ytiruces .koob hsac eht ni nwohs eb osla dluohs sretsiger ytreporp ni nwohs hguoht stpiecer fo meti lanoisacco na gnieb sdeecorp elaS )B( .htnom eht rof stnuocca sti sesolc yrusaert-bus ro yrusaert eht hcihw no setad eht no htnom a ecno decnalab eb dluohs koob hsac ehT )C( 03.oN mroF evitartsinimdA ]86& )2(23 seluR eeS[ 03.oN RETSIGER LANIMIRC SESAC GNIDNEP-GNOL FO RETSIGER skrameR desucca fo htaed ro ecnaraeppa fo etaD edoC erudecorP lanimirC ,992 noitces rednu ecnedive gnidrocer fo etaD dehcatta ytreporp fo lasopsid fo etad dna dohteM dehcatta ytreporp fo noitpircseD tnemhcatta fo etaD ecnaraeppa rof dexif etaD edoC erudecorP lanimirC ,28 noitces rednu noitamalcorp fo eussi fo etaD ecneffo fo etaD ecneffo fo noitpircseD desuccafo noitpircseD sesac fo etad dna rebmuN retsigeR eht ni yrtne fo etaD retsigeR siht ot refsnart gnizirohtua redro fo rebmun dna etaD rebmuN laireS )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1(334 1133..1oo3NN.o mmNrr mooFFroeeFvviiettvaairrtttassriitnnsiiimmniddmAAdA ]]))3311])((344166(224 6ee2lluu eRRlu eeRee SSee[[S[ 11331..3oo.NNoN RR REEETTTSSSIIGGIGEEERRR LL LAAANNNIIIMMMIIIRRRCCC RREETTRSSEIITGGSEEIGRRE NNROO NIITTOCCITUUCRRUTTRSSTEESDDE DDD RRDOORCCOEECRRER nnooiittccnuuorritttssceeuddr tffsooe dee ttfaaoDD etaD ddeenndiiaaettneeirra teeebbr ooettb hhocctii hhhcwwi hoowtt ppouut peeuttaa eDDtaD // llaa/ eelppaepppaap ffaoo flloaa sslaoospposspiiddsi ffdoo f oeett eaatDDaD ffoof oee tteaatDDaD sskkrraammskeerRRameR rreerebbbmmmuuuNNN rrraaaeeeYYY yynnyaan ffaii nnfioo niittoiiittteeippte nnpoo niiossiiivvsieevrrer llaalssaoospposspiisddid II ttrraaPPI traP IIII ttrraaIIPP traP IIII ttrrIaaIPP traP II ttrrIaaPPtraP ))99(( )9( ))88(( )8( ))77(( )7( ))66(()6( ))55(()5( ))44)((4( ))33)((3( ))22)2((( )))111((( snoitcurtsnI ssnnooiittccuurrttssnnII .moor drocer eht ni deviecer era sesac eht sa noos sa edam eb dluohs retsiger siht fo )6( dna )5( dna )3( ot )1( nmuloc ni seirtne ehT.1 ..mmoooorr ddrroocceerr eehhtt nnii ddeevviieecceerr eerraa sseessaacc eehhtt ssaa nnooooss ssaa eeddaamm eebb ddlluuoohhss rreettssiiggeerr ssiihhtt ffoo ))66(( ddnnaa ))55(( ddnnaa ))33(( oott ))11(( nnmmuulloocc nnii sseeiirrttnnee eehhTT..11 eht ni deviecer era srepap eht dna fo desopsid si ,yna fi ,noititep noisiver ro laeppa eht nehw detsop eb dluohs )4( nmuloc ni yrtne ehT.2 eehhtt nnii ddeevviieecceerr eerraa ssrreeppaapp eehhtt ddnnaa ffoo ddeessooppssiidd ssii ,,yynnaa ffii ,,nnooiittiitteepp nnooiissiivveerr rroo llaaeeppppaa eehhtt nneehhww ddeettssoopp eebb ddlluuoohhss ))44(( nnmmuulloocc nnii yyrrttnnee eehhTT ..22 .moor drocer ..mmoooorr ddrroocceerr .deyortsed yllautca era sdrocer eht retfa ylno ni dellif eb dluohs )8( dna )7( snmuloC.3 ..ddeeyyoorrttsseedd yyllllaauuttccaa eerraa ssddrroocceerr eehhtt rreettffaa yyllnnoo nnii ddeelllliiff eebb ddlluuoohhss ))88(( ddnnaa ))77(( ssnnmmuullooCC..33335 23.oNmroF evitartsinimdA )103eluR eeS( 23.oN RETSIGER LANIMIRC .....................… EROFEB DLEH SLAIRT YRAMMUS FO RETSIGER ).C.P.rC 362 noitceS( snosrep desucca eht fo ecnediser dna egatnerap ,emaN tnanialpmoc eht fo emaN tnialpmoc ro troper eht fo etaD ecneffo eht fo noissimmoc eht fo etaD rebmun laireS ecneffO detanimret sgnideecorp eht hcihw no etaD redro rehto ro ecnetneS foereht snosaer eht fo tnemetats feirb ,noitcivnoc fo esac eht ni dna ,gnidniF yna fi,noitanimaxe sih dna desucca eht fo aelp ehT dettimmoc ecneffo hcihw fo tcepser ni ytreporp fo eulaV yna fi ,devorP fo denialpmoC 23.oNmroFevitartsinimdA )103eluR eeS( 23.oN RETSIGER LANIMIRC .....................… EROFEB DLEH SLAIRT YRAMMUS FO RETSIGER ).C.P.rC 362 noitceS( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( snosrep desucca eht fo ecnediser dna egatnerap ,emaN tnanialpmoc eht fo emaN tnialpmoc ro troper eht fo etaD ecneffo eht fo noissimmoc eht fo etaD rebmun laireS ecneffO detanimret sgnideecorp eht hcihw no etaD redro rehto ro ecnetneS foereht snosaer eht fo tnemetats feirb ,noitcivnoc fo esac eht ni dna ,gnidniF yna fi,noitanimaxe sih dna desucca eht fo aelp ehT dettimmoc ecneffo hcihw fo tcepser ni ytreporp fo eulaV yna fi ,devorP fo denialpmoC )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1(336 33.oNmroFevitartsinimdA ])1(33eluR eeS[ 33.oN RETSIGER LANIMIRC ................................EROFEB DLEH SEIRIUQNE YRANIMILERP FO TNEMETATS yriuqne eht fo tluseR dessefnoc ro devorp tcaf eht fo yrammuS ecnefed eht rof sessentiw fo semaN noitucesorp eht rof sessentiw fo semaN tnanialpmoc eht fo emaN tnialpmoc eht fo ecnatsbuS desucca eht fo emaN esac eht fo rebmuN FO ETAD yaled fo noitanalpxE yriuqne gnisolC ecnaraeppa ro noisneherppA tnialpmoC ecneffO 33.oNmroFevitartsinimdA ])1(33eluR eeS[ 33.oN RETSIGER LANIMIRC ................................EROFEB DLEH SEIRIUQNE YRANIMILERP FO TNEMETATS )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( yriuqne eht fo tluseR dessefnoc ro devorp tcaf eht fo yrammuS ecnefed eht rof sessentiw fo semaN noitucesorp eht rof sessentiw fo semaN tnanialpmoc eht fo emaN tnialpmoc eht fo ecnatsbuS desucca eht fo emaN esac eht fo rebmuN FO ETAD yaled fo noitanalpxE yriuqnegnisolC ecnaraeppa ro noisneherppA tnialpmoC ecneffO )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1(337 43.oN MROF EVITARTSINIMDA )103eluR eeS( 43.oN MROF EVITARTSINIMDA 43.oN RETSIGER LANIMIRC )103eluR eeS( 43.oN RETSIGER LANIMIRC )YDOB LACOL( ......................… OT ELBAYAP ERA STNEMYAP HCIHW FO TCEPSER NI SENIF FO RETSIGER )YDOB LACOL( ......................… OT ELBAYAP ERA STNEMYAP HCIHW FO TCEPSER NI SENIF FO RETSIGER tnemyap fo etaD tnuoma teN eb ot erutidnepxE ro dnufeR skrameR diap tnuomA esac forebmuN tneehmt oytanpi feon eifta fDo elbatynuapoma teN ynae fbi odte etcruutdidendepxEyna fi ,rnoo disnsuifmeRer skrameR diap tnuomA esac forebmuN eht yotrnuis eanerift fo elbayap yna fi detcuded yna fi ,noissimer )7( )6( )5( )4( )3( )2( yru)s1a(ert )7( )6( )5( )4( )3( )2( )1( snoitcurtsnI .ydob lacol hcaeot gnitaler dna tcA hcae rsendonituc udretisvneIl senif rof dettolla eb dluohs segap fo tes a ro egap A .1 .ydob lacol hcaeot gnitaler dna tcA hcae rednu deivel senif rof dettolla eb dluohs segap fo tes a ro egap A .1 stcartxe eht ,11.oN tnuoccA-buS yrusaerT ot C xidneppA rep sa serugif eht htiw noitailicnocer dna nosirapmoc ylhtnom a elbane oT .2 stcartxe eht ,11.oN tnuoccA-buS yrusaerT ot C xidneppA rep sa serugif eht htiw noitailicnocer dna nosirapmoc ylhtnom a elbane oT .2 dluohs stcartxe eht fo latot eht dna eb yam esac eht sa htnom yrusaert-bus ro yrusaert hcae rof noitcasnart eht revoc dluohs tnes eb ot dluohs stcartxe eht fo latot eht dna eb yam esac eht sa htnom yrusaert-bus ro yrusaert hcae rof noitcasnart eht revoc dluohs tnes eb ot .63.oN mroF ni seniF fo tnemetatS eht fo )b(3 meti ni ”detiderc stnuomA“ fo serugif eht ot pu krow .63.oN mroF ni seniF fo tnemetatS eht fo )b(3 meti ni ”detiderc stnuomA“ fo serugif eht ot pu krow .setartsigaM laiciduJ feihC eht yb elbayap tnuoma eht setacidni raey a rof ”elbayap tnuoma teN“ nmuloc eht fo latot ehT .3 .setartsigaM laiciduJ feihC eht yb elbayap tnuoma eht setacidni raey a rof ”elbayap tnuoma teN“ nmuloc eht fo latot ehT .3 -:ETON -:ETON ,revewoh ,struoC etartsigaM natiloporteM gnidulcni ,struoC lanimirC eht lla ni deniatniam eb dluohs mrof siht ni retsiger latnemtraped A )1( ,revewoh ,struoC etartsigaM natiloporteM gnidulcni ,struoC lanimirC eht lla ni deniatniam eb dluohs mrof siht ni retsiger latnemtraped A )1( 63.oN mroF retsigeR lanimirC ni tnemetats ylhtnom eht ot dehcatta eb dluohs retsiger siht morf tcartxe nA .struoC snoisseS tpecxe 63.oN mroF retsigeR lanimirC nitnemetats ylhtnom eht ot dehcatta eb dluohs retsiger siht morf tcartxe nA .struoC snoisseS tpecxe morf nemkoartf sneerkuagti fs eerhutg infi eerheth nti etsreohpt dtsnoap m dnroaf m srihotf nsiih rte ntsi irgeetsri gae nr iaa tnniiaatmni aomsl ao sdlalu dolhusohestaerttasritgsaigMaM n antailtoilpooprotretMeM f efeihihCC//sseettaarrttssiiggaaMM llaaiicciidduuJJ ffeeiihhCC)2)2(( eb yame ber yeahmt t aehreth ot st ashetr uogs isfe yrurguisfa yerrut seahetr th etihwt hytlihwt nyolhmtn soemru sgeirfu eghift efhot nfooi ntaoiiltiacinlioccneorc etcr etfcfeef fden dan sat rsutrouco ce teatnaindidrorobbuuss e ehhtt mmoorrff ddeevviieecceerr ssttnneemmeettaatsts e ehhtt .rae.yra eehyt e fhot dfon ed neeh te htat tsae sideoidbo bla lcaoclo ol to st tsntnaragrg e ehht tg gnniiyyaapp nnii yyttlluucciiffffiidd rroo yyaalleedd o onn338 53.ON MROF EVITARTSINIMDA 53.ON MROF EVITARTSINIMDA ])3()C( 402 eluR eeS[ 53.oN retsigeR lanimirC ])3()C( 402 eluR eeS[ 53.oN retsigeR lanimirC :truoC :truoC :raeY STISOPED FO STPIECER FO RETSIGER :raeY STISOPED FO STPIECER FO RETSIGER stnemyaper fo sliateD stnemyaper fo sliateD fo laitinI nehw etaD fo laitinI fo erutaN nehwe ehtta Dfo laitinI latot yliaD eht fo erutaN dna despal eht fo lafioti nlaIitinI fo tnuomA latot yliaD eht tnuomA mohw morF dna tisoped fo etaD dna degspnaildiserP fo laitinI fo tnuomAetaD ot deirrac gnidiserP tnuomA mohw morF dna tisoped fo etaD ot detiderc gnidiseyrtPrap eht tnemyaper etaD ot deirrac gnidiserP tisoped fo deviecer esac stpiecer ot dtreutiodCer cfo reciffO ytrap eht tnemyaper koob hsac fo reciffO tisoped fo deviecer esac stpiecer tnemnrevoG truoC fo reciffO koob hsac fo reciffO rebmun tnemnrevoG truoC eht rebmun truoC eht 11 11 01 01 9 9 8 8 7 7 6 6 5 5 44 33 22 1 1339 63.oN mroFevitartsinimdA ])1()D( dna )4()1()B(402 eluR eeS[ 63.oN mroFevitartsinimdA ])1()D( dna )4()1()B(402 eluR eeS[ ...… 02 ..........… FO HTNOM EHT ROF ................… FO TRUOC EHT FO TNEMETATS ENIF ...… 02 ..........… FO HTNOM EHT ROF ................… FO TRUOC EHT FO TNEMETATS ENIF skrameR tnerruC sraerrA )1( )4( skrameR )3( tnerruC )2s(raerrA )1( )4( .P .sR ).P3( .sR .P .sR )2.P( .sR .P .sR .P .sR .P .sR .P .sR dnameD .1 .tnemnrevoG ot detiderc eb odt nsaemnieFD ) .a1( ro lacoL.t noet mynllraeuvtonGev oet ddeettiiddeerrcc eebb oott s seenniFiF ) a)(b( ro lacoL ot yllautneve detiderc eb ot seniF )b( .cte ,sdnuF lapicinuM .cte ,sdnuF lapicinuM .cte ,stnuoma noitasnepmoC )c( .cte ,stnuoma noitasnepmoC )c( .snoitcelloC .2 .snoitcelloC .2 –yrusaerT-buS ro yrusaerT eht otni detiderc tnuomA .3 –yrusaerT-buS ro yrusaerT eht otni detiderc tnuomA .3 .tnemnrevoG eht oT )a( .tnemnrevoG eht oT )a( lapicinuM ro lacoL ot yllautneve detiderceb oT )b( lapicinuM ro lacoL ot yllautneve detiderceb oT )b( .cte ,sdnuF .cte ,sdnuF .cte ,stnuoma ,noitasnepmoC )c( .cte ,stnuoma ,noitasnepmoC )c( . .. . . .. . . .. . . .. . . . .. .. .. .. .. ffffoo nneettttiirrww t ntnuuoommAA . 4 .4 . .. . . .. . . .. . . .. . . . .. .. .. .. .. llaaeeppppaa nnoo d deetttitmimeReR . 5 .5 . .. . . .. . . .. . . .. . . . .. .. .. .. .. .. .. e eccnnaalalBaB . 6 .6 ni laeppnai nlaoe pdpeatt inmo edre tdtnima efrf od nnae fttfior wne ,tdtierwiv e,dl e,idveeslo ,pdmesio pstmniu ostmnuao nmoai tnaosinteaspnmepomc odcn ad nsae nsiefn iffo f ton tenmemeteattast st ctecrerrorocc a a s sii eevvoobbaa eehhtt ttaahhtt ddeeiiffiitrtreeCC . ... .....0.022 . ..............….… ffoo hhttnnoomm eehhtt ggnniirruudd t rturuooCC y mym etartsigeatMart/seiggdauMJ/egduJ .dettimer os erew ...02.....… fo htnom eht ni yrusaerT-buS/yrusaerT eht otni dettimer erew 3 meti tsniaga nwohs stnuoma eht taht deifitreC .dettimer os erew ...02.....… fo htnom eht ni yrusaerT-buS/yrusaerT eht otni dettimer erew 3 meti tsniaga nwohs stnuoma eht taht deifitreC reciffO yrusaerT/reciffO yrusaerT-buS reciffO yrusaerT/reciffO yrusaerT-buS snoitcurtsnI snoitcurtsnI .skramer rof snmuloc eht ni denialpxe dluohs nosaer eht ,eerga ton od )3( dna )2( snmuloc tsniaga nwohs stnuoma eht fI .1 .skramer rof snmuloc eht ni denialpxe dluohs nosaer eht ,eerga ton od )3( dna )2( snmuloc tsniaga nwohs stnuoma eht fI .1 .skramer rof snmuloc eht ni detouq ebdluohs tnuoma yna fo ffo gnitirw eht gninoitcnas redro ehT .2 .skramer rof snmuloc eht ni detouq ebdluohs tnuoma yna fo ffo gnitirw eht gninoitcnas redro ehT .2340 73.oN mroF evitartsinimdA )103 eluR eeS( YREVOCER ENIF ROF STEEHS GNIKROW )struoC snoisseS tpecxe ,struoC lanimirC lla yb deniatniam eb oT( dnamed raerrA rebmun esaC senif fo noitisopmi fo etaD rebmun laireS etad htiw yrusaerT ot dettimer dna detcelloc tnuomA skrameR laeppa ni dettimer tnuomA ffo nettirw tnuomA enuJ yaM lirpA hcraM yraurbeF yraunaJ rebmeceD rebmevoN rebotcO rebmetpeS tsuguA yluJ ecnattimeR noitcelloC ecnattimeR noitcelloC ecnattimeR noitcelloC ecnattimeR noitcelloC ecnattimeR noitcelloC ecnattimeR noitcelloC 73.oN mroFevitartsinimdA )103 eluR eeS( YREVOCER ENIF ROF STEEHS GNIKROW )struoC snoisseS tpecxe ,struoC lanimirC lla yb deniatniam eb oT( )91( )81( )71( )61( )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( snoitcurtsnI .63.oN mroF evitartsinimdA fo I meti ni deificeps sdaeh eerht eht rednu snoitces etarapes ni deniatniam eb oT .1 .raey hcae yluJ dna yraunaJ ni hserfa pu nettirw eb lliw steehs ehT .2 .yrtne hcae htaeneb etartsigaM eht yb delaitini eb dluohs ecnattimer dna noitcelloc gnidrager seirtnE .3 .srotanimoned sastnuoma evitaler eht htaeneb deretne eb ot setaD .4 dnamed raerrA rebmun esaC senif fo noitisopmi fo etaD rebmun laireS etad htiw yrusaerT ot dettimer dna detcelloc tnuomA skrameR laeppa ni dettimer tnuomA ffo nettirw tnuomA enuJ yaM lirpA hcraM yraurbeF yraunaJ rebmeceD rebmevoN rebotcO rebmetpeS tsuguA yluJ ecnattimeR noitcelloC ecnattimeR noitcelloC ecnattimeR noitcelloC ecnattimeR noitcelloC ecnattimeR noitcelloC ecnattimeR noitcelloC )91( )81( )71( )61( )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( snoitcurtsnI .63.oN mroF evitartsinimdA fo I meti ni deificeps sdaeh eerht eht rednu snoitces etarapes ni deniatniam eb oT .1 .raey hcae yluJ dna yraunaJ ni hserfa pu nettirw eb lliw steehs ehT .2 .yrtne hcae htaeneb etartsigaM eht yb delaitini eb dluohs ecnattimer dna noitcelloc gnidrager seirtnE .3 .srotanimoned sastnuoma evitaler eht htaeneb deretne eb ot setaD .4341 83.oN MROF EVITARTSINIMDA 83.oN MROF EVITARTSINIMDA ])4()B( 402 eluR eeS[ ])4()B( 402 eluR eeS[ DETSEUQER SI FFO ETIRW OT NOITCNAS HCIHW NI SESAC FO TNEMETATS DETSEUQER SI FFO ETIRW OT NOITCNAS HCIHW NI SESAC FO TNEMETATS rebmuN eht ezilaer ot nekat spetS ecnetnes fo etaD fo tnuomA skrameR desucca fo emaN rerbameyu dNna eht ezileaneirf ot nekat spetS ecnetnes fo etaD foe tnniufomA skrameR desucca fo emaN raeeysa dcn fao enif enif )6( )5( )4( )3( )2( esac) 1f(o )6( )5( )4( .P )3(.sR )2( )1( .P .sR )63.oN mroF fo kcab eht no detnirp eb oT( )63.oN mroF fo kcab eht no detnirp eb oT(342 93.oN MROFEVITARTSINIMDA ]921 eluR eeS[ RECIFFO YRUSAERT EHT OT SENIF FO TNEMETATS fo .oN rehcuoV .euneveR fo dnufeR fo tcirtsiD stnemyap fo tsiL .skcabwarD dna sdnufeR elbaegrahc ecivres fo daeH . 02 roF ytrap fo erutangiS dnufer fo eton latnemtraped foetacifitreC dnufer rof ytirohtua dna snosaeR dednufer eb ot tnuomA eeyap fo emaN .tiderc yrusaert fo noitacifirev fo nekot ni erutangis s’reciffO yrusaerT detiderc hcihw ot daeh dna dedulcni hcihw ni tnuomA yrusaert otni tnemyap fo yaD desilaer tnuomA deviecer tnuocca tahw nO detiderc eman esohw nI 93.oN MROFEVITARTSINIMDA ]921 eluR eeS[ RECIFFO YRUSAERT EHT OT SENIF FO TNEMETATS fo .oN rehcuoV .euneveR fo dnufeR fo tcirtsiD stnemyap fo tsiL .skcabwarD dna sdnufeR elbaegrahc ecivres fo daeH . 02 roF )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( deretsiger neeb sah dnufer fo redro sihT snosaeR .P .sR .P .sR .P .sR yrtne tpiecer lanigiro eht tsniaga deton dna ym rednu tnuocca latnemtraped eht ni ytirohtuA eht fo dnufer rof redro suoiverp dna slaitini denoitcnaS .deussi neeb ton sah mus emas gnillortnoC ____________ erutangiS s’reciffO ___________ noitangiseD redro .etaD ... .oN ....detad tnemyap rof dessaP reciffO rehto ro etartsigaM . ..02 .........… fo yad ...… ehT ylno ) (..............................seepuR yaP yrusaerTfo egrahc-ni-reciffO tnatnuoccA .denimaxE ytrap fo erutangiS dnufer fo eton latnemtraped foetacifitreC dnufer rof ytirohtua dna snosaeR dednufer eb ot tnuomA eeyap fo emaN .tiderc yrusaert fo noitacifirev fo nekot ni erutangis s’reciffO yrusaerT detiderc hcihw ot daeh dna dedulcni hcihw ni tnuomA yrusaert otni tnemyap fo yaD desilaer tnuomA deviecer tnuocca tahw nO detiderc eman esohw nI )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( deretsiger neeb sah dnufer fo redro sihT snosaeR .P .sR .P .sR .P .sR yrtne tpiecer lanigiro eht tsniaga deton dna ym rednu tnuocca latnemtraped eht ni ytirohtuA eht fo dnufer rof redro suoiverp dna slaitini denoitcnaS .deussi neeb ton sah mus emas gnillortnoC ____________ erutangiS s’reciffO ___________ noitangiseD redro .etaD ... .oN ....detad tnemyap rof dessaP reciffO rehto ro etartsigaM . ..02 .........… fo yad ...… ehT ylno ) (..............................seepuR yaP yrusaerTfo egrahc-ni-reciffO tnatnuoccA .denimaxE343 04.oN mroF evitartsinimdA 04.oN mroF evitartsinimdA )103 eluR eeS( )103 eluR eeS( ,...02 ....… FO HTNOM EHT FO DNE EHT TA GNIDNEP SESAC FO REBMUN EHT GNIWOHS TNEMETATS ,...02 ....… FO HTNOM EHT FO DNE EHT TA GNIDNEP SESAC FO REBMUN EHT GNIWOHS TNEMETATS ................... FO ETARTSIGAM ...................… EHT FO TRUOC EHT NI ................... FO ETARTSIGAM ...................… EHT FO TRUOC EHT NI latoT rof gnidnep sesac fo rebmuN rebmuN latoT rof gnidnep sesac fo rebmuN fo rebmuN rebmuN fo rebmuN fo rebmun fo rebmuN sesac fo fo rebmuN fo rebmun sesac fo sesac rebmun latoT gnidnep sesac sesac rebmun latoT gnidnep sesac sesac sesac nahnta hsts esLseL ddeevvieiecceerr fo feom eamNaN eno reevnOo revO xis rxeivsO revO owto rwetv rOevO fof od edseosoppsisdid rrooff sseessaacc ffoo eheth tta ta ta gnidtna egpnidnep owotwt ggnniriurudd trutorcu oehc teht raey raey shtnoshmtnom shtnsohtmnom eheth gt ngniriurudd llaassooppssiidd fof og nginninnigneigbeb fo dne feoh dtne eht shtsnhotnmom eehhtt hthntonomm .h.thntonmom eh etht htnomh ethnotm eht hhtntnoomm )7( )7( )6( )6( )5)(5( ))44(( )3)3(( )2()2( )1()1(344 14.oN MROFEVITARTSINIMDA 14.oN MR)O10F3E eVluIRTA(RTSINIMDA )103 eluR( )etartsigaM laiciduJ feihC eht ot etartsigaM gnittimmoC eht yb dettimbus eb oT( )etartsigaM laiciduJ feihC eht ot etartsigaM gnittimmoC eht yb dettimbus eb oT( ......… TA NOISSES FO TRUOC EHT OT DETTIMMOC SESAC FO SLIATED EHT GNIWOHS TNEMETATS SNOISSES ......… TA NOISSES FO TRUOC EHT OT.. .D..E02T T..I.M…M FOOC H STENSOACM F EOH STL RIAOTFED EHT GNIWOHS TNEMETATS SNOISSES .....02 ...… FO HTNOM EHT ROF fo etaD fo erutaN fo etaD fo erutaN fo rebmuN ecneffo fo rebmuNnosirp nI ecneffo ,rebmuN fo rebmuN sessentiw nosirp nI dna ,rebmuN fo rebmuN eht fo emaN sessentiwliab no ro dna xes ,eman eht no esac eht fo emaN skrameR ot revo dnuob liab no ro noisneherppA ro tropeR fo noitces xes ,eman eht no esac gnittimmoC skrameR ot revo dnuob ro tnemtimmoC noisneherppA ro tropeR fo noitces fo ega dna gnittimmoc gnittimmoC fo truoC eht ro tnemtimmoCecnaraeppa ro tnialpmoc ecneffO .C.P.I eht fo ega dna gnittimmoc truoC fo truoC ehetsiwrehto ecnaraeppa ro tnialpmoc ecneffO .C.P.I eht desucca elif s’truoc truoC noisseS esiwrehto rehto ro desucca elif s’truoc noisseS rehto ro swal swal )11( )11( )01( )01( )9( )9( )8( )8( )7()7( )6)(6( )5)(5( ))44(( ))33(( )2)2(( )1)(1( snosnitociutcrutsrntsInI .dettimmoc si esac eht hcihw noetad eht no tcerid etartsigaM laiciduJ feihC eht ot etartsigaM gnittimmoC eht yb dettimbus eb oT )1( .dettimmoc si esac eht hcihw noetad eht no tcerid etartsigaM laiciduJ feihC eht ot etartsigaM gnittimmoC eht yb dettimbus eb oT )1( .retsigeR yranimilerP eht fo ypoc eht ot dexenna eb ot etacilpuD )2( .retsigeR yranimilerP eht fo ypoc eht ot dexenna eb ot etacilpuD )2( si desucca eht rehtehwot sa truoC snoisseS eht ot detroper eh taht nmuloc skramer eht ni etats dluohs etartsigaM gnittimmoC eht ,redrum fo esac nI )3( si desucca eht rehtehwot sa truoC snoisseS eht ot detroper eh taht nmuloc skramer eht ni etats dluohs etartsigaM gnittimmoC eht ,redrum fo esac nI )3( .etacovda na yolpme ot elba .etacovda na yolpme ot elba .)2( nmuloc ni nevig eb dluohs rebmun retsigeR yranimilerP ehT )4( .)2( nmuloc ni nevig eb dluohs rebmun retsigeR yranimilerP ehT )4( .egap siht no ecaps hguone ton si ereht fi ,kcab eht ta etirw esaelP )5( .egap siht no ecaps hguone ton si ereht fi ,kcab eht ta etirw esaelP )5(345 24 .oN .mroF evitartsinimdA )103 eluR eeS( noisseS fo truoC eht ot etartsigaM natiloporteM feihC/etartsigaM laiciduJ feihC eht yb etacilpud ni dettimbus eb oT a hcihw rof enuJ dna yaM ,lirpA fo shtnom eht rof tpecxe setaler tnemetats eht hcihw ot htnom eht fo ht8 eht naht retal ton .yluJ fo gninnigeb eht ta delipmoc eb lliw tnemetats detadilosnoc yletaidemmi etartsigaM natiloporteM feihC/etartsigaM laiciduJ feihC eht ot noisseS fo truoC eht yb dedrawrof eb oT .htnom gnideeccus eht fo ht8 eht naht retal esac on ni dna ,noisseS hcae retfa lanimirC laiciduJ .oN detaD morF ...02 …………… dehctapseD ……………………………… fo egduJ snoisseS ehT devieceR FO TRUOC EHT YB DEIRT DNA OT DETTIMMOC SESAC FO SLIATED EHT GNIWOHS TNEMETATS NOISSES .....02.....… FO HTNOM EHT ROF ...........… TA NOISSES waL rehto ro edoC laneP naidnIeht fo noitces eht dna degrahc ecneffo fo erutaN .desucca fo ega dna xes ,eman ,rebmuN elif s’truoC gnittimmoc eht no sesac eht fo rebmuN truoC gnittimmoC eht fo emaN fo etaD skrameR noisseS fo truoC eht ot revo dnuob ssentiw fo rebmuN esiwrehto ro liab no ronosirp nI tnemtimmoC ecnaraeppa ro noisneherppA tnialpmoc ro tropeR ecneffO 24 .oN .mroF evitartsinimdA )103 eluR eeS( noisseS fo truoC eht ot etartsigaM natiloporteM feihC/etartsigaM laiciduJ feihC eht yb etacilpud ni dettimbus eb oT a hcihw rof enuJ dna yaM ,lirpA fo shtnom eht rof tpecxe setaler tnemetats eht hcihw ot htnom eht fo ht8 eht naht retal ton .yluJ fo gninnigeb eht ta delipmoc eb lliw tnemetats detadilosnoc yletaidemmi etartsigaM natiloporteM feihC/etartsigaM laiciduJ feihC eht ot noisseS fo truoC eht yb dedrawrof eb oT .htnom gnideeccus eht fo ht8 eht naht retal esac on ni dna ,noisseS hcae retfa lanimirC laiciduJ .oN detaD morF ...02 …………… dehctapseD ……………………………… fo egduJ snoisseS ehT devieceR FO TRUOC EHT YB DEIRT DNA OT DETTIMMOC SESAC FO SLIATED EHT GNIWOHS TNEMETATS NOISSES .....02.....… FO HTNOM EHT ROF ...........… TA NOISSES )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( waL rehto ro edoC laneP naidnIeht fo noitces eht dna degrahc ecneffo fo erutaN .desucca fo ega dna xes ,eman ,rebmuN elif s’truoC gnittimmoc eht no sesac eht fo rebmuN truoC gnittimmoC eht fo emaN fo etaD skrameR noisseS fo truoC eht ot revo dnuob ssentiw fo rebmuN esiwrehto ro liab no ronosirp nI tnemtimmoC ecnaraeppa ro noisneherppA tnialpmoc ro tropeR ecneffO )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1(346 TRUOC EHT YB DEIRT DNA OT DETTIMMOC SESAC FO SLIATED EHT GNIWOHS TNEMETATS SNOISSES .dtnoc .....02.………… FO HTNOM EHT ROF ………… TA NOISSES FO skrameR denimaxe sessentiw fo rebmuN renosirp hcae sdrager sa redro ro ecnetnes fo erutan dna etaD dehsilbatse ecneffO lairt fo esolc fo etaD lairt gnicnemmoc fo etaD noisseS fo truoC eht fo radnelaC eht no esac eht fo rebmuN )81( )71( )61( )51( )41( )31( )21( TCARTSBA …… syad snoisseS fo noitaruD snosreP sesaC .………noisseS tsal morf gnidneP ..………………………… weN .…………… latoT ………………………… fo desopsiD .…………………………… derrefeR ……………………………denoptsoP ..…………noisseS siht morf gnidneP ot )1( snmuloc ni gnillif yb htnom hcae rof tnemetats a elipmoc dluohs etartsigaM natiloporteM feihC/etartsigaM laiciduJ feihC ehT )i( yaM ,lirpA fo htnom eht rof tpecxe setaler tnemetats eht hcihw ot htnom eht fo ht8 eht naht retal ton noisseS fo truoC eht ot ti timbus dna )11( .yluJ fo gninnigeb eht ta delipmoc eb lliw tnemetats detadilosnoc a hcihw rof ,enuJ dna rehtehw( lairt tiawa hcihw sesac lla tnemetats eht ni edulcni dluohs etartsigaM natiloporteM feihC/etartsigaM laiciduJ feihC ehT )ii( .dettimmoc erew yeht hcihw ni redro eht ni degnarra )ylsuoiverp fo htnomeht ni dettimmoc evah dluohs egduJ snoisseS eht ,htnom gnideeccus eht fo ht8 eht naht retal esac on ni dna noisseS hcae fo noitanimret eht nO )iii( .etartsigaM natiloporteM feihC/etartsigaM laiciduJ feihCeht ot ypoceht nruter dluohs dna ni dellif )81( ot )21( snmuloc .tcartsba eht ni nevig latot eht htiw dnopserroc dluohs tnemetats eht fo ydob eht ni htiw tlaed sesac fo rebmun ehT )vi( eb dluohs gniwollof eht sa hcus sesac ylnO .dedulcni eb ton dluohs denruojda ylpmis era hcihw sesac ,”denoptsop“ gnidaeh eht rednU )v( sesaC )b( .ycanul detcepsus rof reciffO lacideM a fo noitavresbo rednu tpek eb ot detcerid si desucca eht hcihw ni sesaC )a( ziv ,dedulcni .nosrep desucca emas eht fo tcepser ni lairt rehtona fo tcepser ni noisiver ro laeppa fo lasopsid gnidnep ,denruojda .skramer rof nmuloc eht ni nevig eb dluohs meht rof dexif gniraeh fo setad lautca eht ,gnidnep sa nwohs sesac lla nI )iv(347 34 .oN mroFevitartsinimdA 34 .oN)1 0m3r eolFuRev eiteaSr(tsinimdA )103 eluR eeS( tpecxe ,htnom gnideeccus eht foht8 eht naht retal ,esac on ni dna noisseS hcae retfa yletaidemmi truoC hgiH eht ot noisseS fo truoC eht yb dettimbus eb oT( tpecxe ,htnom gnideeccus eht foht8 eht )n.ayhlut Jre ftoa lg ,nesinacn iogne bn ie dhnt ata n toniessse eSb hdclaueo rhest ftan eymleetatiadtse mdemtai dtriuloosCn ohcg iaH h echiht wot rnoofi sesneuSJ fdon tar uyoaCM e h,lti rypbA d feott ismhtbnuosm e be hotT r(of ).yluJ fo gninnigeb eht ta tnes eb dluohs tnemetats detadilosnoc a hcihw rof enuJ dna yaM ,lirpA fo shtnom eht rof FO ETAD FO ETAD fo etaD fo etaD lasopsiD lasopsiD htiw rebmuN htiw noitceS rebmuN fo .oN fo sralucitrap rebmuN noitceS fo fo .oN fo sralucitrap rebmuN fo fo snoisseS ecneffo eht fo fo desucca snoisseS skrameR ecneffo eht fo fo tnemecnemmoC noisneherppA ecneffo desucca esaC skrameR dehsilbatse sessentiw fo tnemecnemmoC lattimmoC noisneherppA ecneffo devlovni esaC dehsilbatse sessentiw lairt lattimmoC ecnaraeppa ro degrahc devlovni eht dna denimaxe lairt ecnaraeppa ro degrahc eht dna denimaxe ro ecnetnes ro ecnetnes dessap redro dessap redro rednuereht rednuereht 9 9 8 8 7 7 6 6 55 44 33 22 11 :TCA:TRCTASRBTASBA syad…sy ando…iss neoSi sfsoe Sn ofiot anrouiDtaruD snosresnPo s r esPe s a C sesaC morfm gonrifd gnneiPdneP noissneoSis tsseaSL tsaL –– –––– –– .. we.N. weN –– –––– –– ..lato..TlatoT fo desopsiD fo desopsiD ..derrefeR ..derrefeR –– –– ..denoptsoP –– –– ..denoptsoP morf gnidneP morf gnidneP noisseS siht noisseS siht348 44 .oN mroF evitartsinimdA ])6()A( 402 eluR eeS[ yrusaerT-buS ..............… yrusaerT buS fo egrahc ni reciffo eht oT dettimer ,.cte ,seef noitisopmoc esicxe dna tserof ,senif fo sliateD ..............… ta ...........… ta yrusaerT buS eht ot tnemnrevoG eht ot detiderc eb oT desucca eht fo emaN esac fo rebmuN detiderc eb oT lacoL ot yllautneve lapicinuM ,sdnuF .cte ,sdnuF )seniF fo retsigeR eht fo 9.loC ni meti kni deR( seef noitisopmoc esicxE dna tseroF )seniF fo retsigeR eht fo 51 dna 7.sloc( .cte tnuoma noitasnepmoC TPIECER nwohs stnuoma eht eviecer esaelP truoC _______ morf yad siht devieceR etairporppa eht ot meht tiderc ,woleb eht fo tnuocca no ___.sR fo mus eht tpiecer a evig dna tnuocca eht fo sdaeh -: woleb nwohs satnemnrevoG .mrof gniynapmocca eht no meht rof tnuomA tnuomA .P .sR .P .sR eht ot detiderc eb ot seniF.1 eht ot detiderc eb ot seniF.1 .tnemnrevoG .tnemnrevoG ..ot detiderc eb ot seniF * .2 ..ot detiderc eb ot seniF * .2 ..ot detiderc eb ot seniF * .3 ..ot detiderc eb ot seniF * .3 ..ot detiderc eb ot seniF * .4 ..ot detiderc eb otseniF * .4 ..ot detiderc eb ot seniF * .5 * * * * ..ot detiderc eb ot seniF * .5 ,stnuoma noitasnepmoC .6 ,stnuoma noitasnepmoC .6 eht fo 51 dna 7.sloC( .cte eht fo 51 dna 7.sloC( .cte )senif fo retsigeR )senif fo retsigeR noitisopmoc esicxE dna tseroF .7 esicxE dna tseroF .7 nmuloc ni meti kni deR( cte ,seef deR( cte ,seef noitisopmoc )seniF fo retsigeR fo 9 fo 9 nmuloc ni meti kni ).seniF fo retsigeR .P sR .P sR .sR sR .sR .sR .sR rebmuN tnuomA fo rebmuN .P .P .P .P .P .esac fo desucca .P.sR latoT latoT latoT reciffO .yrT .buS ,.tccA detaD egduJ/etartsigaM truoC egduJ/etartsigaM detaD detaD truoC ydob ,dnuf eht fo eman eht retne ereH * ro ydob ,dnuf eht fo eman eht retne ereH * eht dna denrecnoc noitaicossa ro ydob ,dnuf eht fo eman eht retne ereH * eht dna denrecnoc noitaicossa ro wal fo noisivorp eht dna denrecnoc noitaicossa eht fo )41( dna )6( snmuloc---desopmi si enif eht hcihw rednu wal fo noisivorp si enif eht hcihw rednu wal fo noisivorp snmuloc eeS– desopmi si enif eht hcihw rednu .senif fo retsigeR dna )6( snmuloc eeS–snmuloc desopmi .senif fo retsigeR eht fo )41( dna )6( .senif fo retsigeR ehtfo )41( Administrative Form No.45 (See Rule 129) REFUND ORDER Case No……. of 20…., on the file of ………….. Judge/Magistrate, ……………. I,……………. hereby certify that accused/advocate for accused holding special vakalat in the above case is entitled to a refund of Rs......... being the amount of fine imposed by the sentence of the Court of the …… Magistrate, …….. Reversed on appeal by this Court/ Reversed on reference to the High Court/ Reversed by the High Court as a Court of Revision Judge/Magistrate ……….20 ....349 Administrative Form No.45 (See Rule 129) REFUND ORDER Case No……. of 20…., on the file of ………….. Judge/Magistrate, ……………. I,……………. hereby certify that accused/advocate for accused holding special vakalat in the above case is entitled to a refund of Rs......... being the amount of fine imposed by the sentence of the Court of the …… Magistrate, …….. Reversed on appeal by this Court/ Reversed on reference to the High Court/ Reversed by the High Court as a Court of Revision Judge/Magistrate ……….20 ....350 Administrative Form No.46 B [See Rule 264(1),(2),(5),(6) and (8)] TABLE SHOWING THE DIVISIONS OF THE RECORD AND THE A DESCRIPTION OF THE PAPERS FOLLOWING UNDER EACH DIVISION FORM OF INDEX CRIMINAL Case (Application or Appeal or Calendar) No….. of 20….. on the file of the Part I Court of the …………………….in the district of……………. Class of cases Divisions of the record and Number of description of the papers falling Date when Alphabetical the part of under each division Serial Description the paper or numerical the record number of of the paper was filed or mark of the Remarks to which the paper and the date put up in exhibits the paper (1)Index the case filed appertains (2)Judgment and sentence, if 1 2 3 4 5 6 any (Original and 1 Appellate) including 2 spare copies of printed Trials (other than summary) 3 Sessions Judgments. 4 (3)Petition of appeal, or 5 application for revision, or 6 letter of referring court, 7 judgment and order 8 thereon. 9 (4)Charges 10 (5)Documentary evidence 11 Summary trial All papers including register 12 Miscellaneous cases (1)Index 13 (2)Order and grounds, if any 14 (Original and Appellate) . 15 (3)Petition of appeal, or 16 application for revision, 17 or letter of referring 18 court, Judgment and 19 order thereon. 20 (4)Documentary evidence 21351 B TABLE SHOWING THE DIVISIONS OF THE RECORD AND THE DESCRIPTION OF THE PAPERS FOLLOWING UNDER EACH DIVISION CRIMINAL Part I Class of cases Divisions of the record and description of the papers falling under each division (1)Index (2)Judgment and sentence, if any (Original and Appellate) including spare copies of printed Trials (other than summary) Sessions Judgments. (3)Petition of appeal, or application for revision, or letter of referring court, judgment and order thereon. (4)Charges (5)Documentary evidence Summary trial All papers including register Miscellaneous cases (1)Index (2)Order and grounds, if any (Original and Appellate) . (3)Petition of appeal, or application for revision, or letter of referring court, Judgment and order thereon. (4)Documentary evidence352 C Part II TABLE SHOWING THE PERIODS PRESCRIBED FOR THE RETENTION OF VARIOUS PARTS OF THE RECORDS IN THE VARIOUS CASES OF PROCEEDINGS Class of cases Divisions of the record and description of the papers falling Name of Proceedings Number of years for under each division which records are to be retained (1)Warrant of commitment to Part I Part II prison, if any. (1) In trials and appeals (2)Complaints to Magistrates, (a) Sessions cases *20 3 when acted upon by the (b) Warrant cases 20 3 Magistrate. (c) Summons cases 5 3 Trials (other than summary) (3)Reports by the Police under (d) Summary trials sections 174 and 175 of the (A)Forms kept under section 263 of the Code of 10 .. Criminal Procedure Code Criminal Procedure, 1973 (Central Act 2 of when followed by action on 1974) and Judgment recorded under section the part of the courts. 264 of the said Code in cases where either (i) (4)Oral evidence some of the accused or parties proceeded (5)All papers not already against have not been apprehended or (ii) the specified. accused or any of them have been convicted Miscellaneous cases (1)Oral evidence. of an offence of repetition of which renders (2)All papers not already the offender liable to enhanced punishment. specified. (B)All other records 3 … (2) In Miscellaneous proceedings (a) Maintenance 20 3 (b) Security to keep the peace or for good behavior 10 3 (c) Other miscellaneous proceedings 3 3 (3) Records in cases referred by the Police or in which 3 … further investigation is stopped (4) Records in cases entered in the Register of long 30 30 pending cases From the date on which the case was entered in the register of long-pending cases. __________________________________________________________________ *In cases in which the sentence passed is one of imprisonment for life, the judgment must be preserved until the report is received of the convict’s death or release.353 C TABLE SHOWING THE PERIODS PRESCRIBED FOR THE RETENTION OF VARIOUS PARTS OF THE RECORDS IN THE VARIOUS CASES OF PROCEEDINGS Name of Proceedings Number of years for which records are to be retained Part I Part II (1) In trials and appeals (a) Sessions cases *20 3 (b) Warrant cases 20 3 (c) Summons cases 5 3 (d) Summary trials (A)Forms kept under section 263 of the Code of 10 .. Criminal Procedure, 1973 (Central Act 2 of 1974) and Judgment recorded under section 264 of the said Code in cases where either (i) some of the accused or parties proceeded against have not been apprehended or (ii) the accused or any of them have been convicted of an offence of repetition of which renders the offender liable to enhanced punishment. (B)All other records 3 … (2) In Miscellaneous proceedings (a) Maintenance 20 3 (b) Security to keep the peace or for good behavior 10 3 (c) Other miscellaneous proceedings 3 3 (3) Records in cases referred by the Police or in which 3 … further investigation is stopped (4) Records in cases entered in the Register of long 30 30 pending cases From the date on which the case was entered in the register of long-pending cases. __________________________________________________________________ *In cases in which the sentence passed is one of imprisonment for life, the judgment must be preserved until the report is received of the convict’s death or release.354 D (b)Copies of calendars and 1 Judgments submitted by the TABLE SHOWING THE PERIODS PRESCRIBED FOR THE RETENTION OF THE Magistrates to Sessions Judges VARIOUS COURT REGISTERS, BOOKS AND PAPERS (12) Magisterial diaries, Police Arrest 3 Returns, Police Occurrence Reports Number and description of Court Registers, Number of years for which the and Police Reports on unnatural and books and papers registers, etc., to be retained sudden deaths (1) Register (Other than of Summary 5 (13) Bound volumes of printed Sessions 35 trials) in the use of Criminal Courts Judgments (1) (a) Register of long Pending Cases 30 (2) Record Destruction Register of 25 Criminal Cases (3) Register of Court-fees 3 (4) Copyists’ registers and process service 3 registers (5) Challan cheque books 10 (6) (a)Magisterial and Judicial 5 Registers of correspondence received and dispatched and administrative registers of dispatch (b)Magisterial and Judicial 20 Registers or correspondence received and despatched and administrative registers of dispatch in the Revenue Divisional Offices (7) Other Court or Office books and 3 registers (8) Correspondence with the High Court 20 years from termination on important matters and the orders of the High Court thereon, including administration reports received from the High Court and Government (8) (a) Criminal Administration Report – 20 Salient features (9) Other correspondence 3 years from termination (10) Yearly and half-yearly statements 5 (11) Monthly and Quarterly statements 3 (a)Criminal Statistical returns 3355 (b)Copies of calendars and 1 Judgments submitted by the Magistrates to Sessions Judges (12) Magisterial diaries, Police Arrest 3 Returns, Police Occurrence Reports and Police Reports on unnatural and sudden deaths (13) Bound volumes of printed Sessions 35 Judgments356 Administrative Form No.47 (See Rule 301) CALENDAR CASE NO.......... OF 20..... ON THE FILE OF THE ….................MAGISTRATE OF................. ecnerrucco fo etaD ro troper fo etaD tnialpmoc fo eussi fo etaD ssecorp ecnaraeppa fo etaD desucca fo fo etaD fo tnemecnemmoc lairt redro fo etaD yaled rof noitanalpxE (1) (2) (3) (4) (5) (6) (7)357 Administrative Form No.48 (See Rule 301) LIST OF CALENDARS DESPATCHED FROM THE OFFICE OF THE CHIEF JUDICIAL MAGISTRATE/CHIEF METROPOLITAN MAGISTRATE OF.................TO THE SESSIONS JUDGE...................... Number of the Nature of the Date of Remarks case proceeding Order Receipt Office of Chief Judicial Magistrate/ Chief Metropolitan Magistrate Dated …... day of ….....20... Chief Judicial Magistrate/ Chief Metropolitan Magistrate358 Administrative Form No.49 Administrative Form No.50 [See Rule 204 (A) (3) & (4)] (See Rule No.301) FOIL FORM OF RECEIPT TO BE GRANTED BY THE COURT (FORM OF RECEIPT TO BE GRANTED BY THE COURT) IN THE COURT OF THE …................................ IN THE COURT OF THE ………………………………. Received this __ day of ___20__ from ___________________ Received this ___ day of _______ 20__ from _____ S/o_____, the sum S/o________________, the sum of Rs.______ being the whole/part of the of Rs. ____ being amount deposited by the complainant /accused fine/compensation directed to be paid by _________ the accused / complainant in C.C.No.___________on the file of this Court. petitioner/C.P. _______ in C.C./M.C. No. _____ on the file of this Court. Rs.________________ Magistrate/Judge Magistrate COUNTERFOIL (FORM OF RECEIPT TO BE GRANTED BY THE COURT) IN THECOURT OF THE ……………………………………. Received this _____ day of _______20___from ____________________________, S/o_________________________ the sum of Rs._____being the whole/part of the fine/compensation directed to be paid by _______________________________ the accused/complainant in C.C.No.____ of ___ on the file of this Court. Rs.________________ Magistrate/Judge359 Administrative Form No.49 Administrative Form No.50 [See Rule 204 (A) (3) & (4)] (See Rule No.301) FOIL FORM OF RECEIPT TO BE GRANTED BY THE COURT (FORM OF RECEIPT TO BE GRANTED BY THE COURT) IN THE COURT OF THE …................................ IN THE COURT OF THE ………………………………. Received this __ day of ___20__ from ___________________ Received this ___ day of _______ 20__ from _____ S/o_____, the sum S/o________________, the sum of Rs.______ being the whole/part of the of Rs. ____ being amount deposited by the complainant /accused fine/compensation directed to be paid by _________ the accused / complainant in C.C.No.___________on the file of this Court. petitioner/C.P. _______ in C.C./M.C. No. _____ on the file of this Court. Rs.________________ Magistrate/Judge Magistrate COUNTERFOIL (FORM OF RECEIPT TO BE GRANTED BY THE COURT) IN THECOURT OF THE ……………………………………. Received this _____ day of _______20___from ____________________________, S/o_________________________ the sum of Rs._____being the whole/part of the fine/compensation directed to be paid by _______________________________ the accused/complainant in C.C.No.____ of ___ on the file of this Court. Rs.________________ Magistrate/Judge360 15 .oN mroF evitartsinimdA )103 eluR eeS( LASOPSID ROF TNES ERA SELBAULAVNEHW DESU EB OT TPIECER FO MROF TNEMEGDELWONKCA TRUOC SNOISSES TRUOC SNOISSES dna noitacifirev retfa denruter eb oT( ....................… ................… )erutangis ………… ,eciffO s’etartsigaM .…… ..…02 ...............… detaD . .…02 .........… detaD . …02......................detaD morF morF morF ............… ,etartsigaM...........… ehT ............… ,egduJ snoisseS ..................… ,egduJ snoisseS oT oT oT .................… ,egduJ snoisseS ehT ,etartsigaM ...........… ehT ,etartsigaM.............… ehT .......................................... .................................… ,riS ,riS ,riS eht fo tpiecer eht egdelwonkca ot ma I ............. rof htiwereh drawrof ot ma I eht.......... rof htiwereh drawrof ot ma I ruoy deinapmocca taht woleb deton seitreporp snoisseS ni seitreporp denoitnem rednu eht esaC snoisseS ni seitreporp denoitnem rednu snoisseS( .…02 .…… detad ,.……oN rettel no…02 fo.… .oN.C.R.P( .…02 fo …oN esaC eht no…02 fo.… .oN.C.R.P( .…02 fo …oN …02 fo..…oN.C.R.P ni.…02 fo..…oN esaC laiciduJ eht fo elif eht laiciduJ eht fo elif etartsigaM laiciduJ eht fo elif eht no tseuqer ot dna )..........................,etartsigaM tseuqer ot dna )..........................,etartsigaM .)..……………… yam tnemgdelwonkca gniynapmocca eht taht yam tnemgdelwonkca gniynapmocca eht taht dna noitacifirev ruoy retfa em ot denruter eb dna noitacifirev ruoy retfa em ot denruter eb .erutangis .erutangis etartsigaM egduJ snoisseS egduJ snoisseS Administrative Form No.52 [See Rule 268(3)] NOTES OF INSPECTION OF THE COURTS OF JUDICIAL MAGISTRATES/METROPOLITAN MAGISTRATES, ………….. INSTRUCTIONS I. Pendency of cases The main duty of the Court is to dispose of cases expeditiously, consistent with the rules of procedure and in the interests of the parties. The points to be noted are: (1) the maximum duration of a criminal case should not exceed two months, (2) priority has to be given to the trial of cases where persons are in custody, (3) where from the beginning it is found that the accused are not easily available, prompt and effective steps should be taken to issue processes under sections 82 and 83, Criminal Procedure Code, to see that the cases are transferred to the long pending case register and (4) where an accused is present, but witnesses are not secured within a reasonable time, the proceedings are brought to a termination by applying judiciously section 258, Cr.P.C., in Summons Cases. The state of pendency should be checked with reference to the above along with other points that may suggest themselves to the Inspecting Officer. II. Expeditious trial of cases The attention of the Inspecting Officer is drawn to rules 3,5,7, and 10 of the Manual of Instructions for the Guidance of Magistrates, in this regard. This inspection should be designed to find out if the trial of cases has proceeded in the light of those instructions, in addition to the provisions of the Criminal Procedure Code and the Criminal Rules of Practice. For answering the above questions, at least six cases of long duration under different categories, viz., warrant, summons, security, P.R.Cases should be selected and examined. III. Disposal of property As one goes down lower and lower in the hierarchy of Criminal Courts, the accumulation of case property, valuable and non-valuable, increases progressively the burden being the heaviest on the Court lowest down, viz., the Subordinate Magistrates. The crucial points to be borne in mind under this heading are:- (a) the footnote under register in Criminal Register No.19 is often held to imply that the Magistrate need personally check only the valuables once in three months and send a report of such verification once in three months. This view is not quite correct. The Magistrates have also to check non-valuables periodically or at least have a verification made by the Head Ministerial Officer once a quarter; (b) the accumulation of non- valuable properties in the property room should be avoided by a judicious use of (i) sub-section (2) of section 452, Criminal Procedure Code, which permits properties to be returned on bond at 15 .oN mroFevitartsinimdA )103 eluR eeS( LASOPSID ROF TNES ERA SELBAULAVNEHW DESU EB OT TPIECER FO MROF TNEMEGDELWONKCA TRUOC SNOISSES TRUOC SNOISSES dna noitacifirev retfa denruter eb oT( ....................… ................… )erutangis ………… ,eciffO s’etartsigaM .…… ..…02 ...............… detaD . .…02 .........… detaD . …02......................detaD morF morF morF ............… ,etartsigaM...........… ehT ............… ,egduJ snoisseS ..................… ,egduJ snoisseS oT oT oT .................… ,egduJ snoisseS ehT ,etartsigaM ...........… ehT ,etartsigaM.............… ehT .......................................... .................................… ,riS ,riS ,riS eht fo tpiecer eht egdelwonkca ot ma I ............. rof htiwereh drawrof ot ma I eht.......... rof htiwereh drawrof ot ma I ruoy deinapmocca taht woleb deton seitreporp snoisseS ni seitreporp denoitnem rednu eht esaC snoisseS ni seitreporp denoitnem rednu snoisseS( .…02 .…… detad ,.……oN rettel no…02 fo.… .oN.C.R.P( .…02 fo …oN esaC eht no…02 fo.… .oN.C.R.P( .…02 fo …oN …02 fo..…oN.C.R.P ni.…02 fo..…oN esaC laiciduJ eht fo elif eht laiciduJ eht fo elif etartsigaM laiciduJ eht fo elif eht no tseuqer ot dna )..........................,etartsigaM tseuqer ot dna )..........................,etartsigaM .)..……………… yam tnemgdelwonkca gniynapmocca eht taht yam tnemgdelwonkca gniynapmocca eht taht dna noitacifirev ruoy retfa em ot denruter eb dna noitacifirev ruoy retfa em ot denruter eb .erutangis .erutangis etartsigaM egduJ snoisseS egduJ snoisseS361 Administrative Form No.52 [See Rule 268(3)] NOTES OF INSPECTION OF THE COURTS OF JUDICIAL MAGISTRATES/METROPOLITAN MAGISTRATES, ………….. INSTRUCTIONS I. Pendency of cases The main duty of the Court is to dispose of cases expeditiously, consistent with the rules of procedure and in the interests of the parties. The points to be noted are: (1) the maximum duration of a criminal case should not exceed two months, (2) priority has to be given to the trial of cases where persons are in custody, (3) where from the beginning it is found that the accused are not easily available, prompt and effective steps should be taken to issue processes under sections 82 and 83, Criminal Procedure Code, to see that the cases are transferred to the long pending case register and (4) where an accused is present, but witnesses are not secured within a reasonable time, the proceedings are brought to a termination by applying judiciously section 258, Cr.P.C., in Summons Cases. The state of pendency should be checked with reference to the above along with other points that may suggest themselves to the Inspecting Officer. II. Expeditious trial of cases The attention of the Inspecting Officer is drawn to rules 3,5,7, and 10 of the Manual of Instructions for the Guidance of Magistrates, in this regard. This inspection should be designed to find out if the trial of cases has proceeded in the light of those instructions, in addition to the provisions of the Criminal Procedure Code and the Criminal Rules of Practice. For answering the above questions, at least six cases of long duration under different categories, viz., warrant, summons, security, P.R.Cases should be selected and examined. III. Disposal of property As one goes down lower and lower in the hierarchy of Criminal Courts, the accumulation of case property, valuable and non-valuable, increases progressively the burden being the heaviest on the Court lowest down, viz., the Subordinate Magistrates. The crucial points to be borne in mind under this heading are:- (a) the footnote under register in Criminal Register No.19 is often held to imply that the Magistrate need personally check only the valuables once in three months and send a report of such verification once in three months. This view is not quite correct. The Magistrates have also to check non-valuables periodically or at least have a verification made by the Head Ministerial Officer once a quarter; (b) the accumulation of non- valuable properties in the property room should be avoided by a judicious use of (i) sub-section (2) of section 452, Criminal Procedure Code, which permits properties to be returned on bond at362 any stage, (ii) section 451, Criminal Procedure Code which permits properties subject to speedy Pendency of cases and natural decay to be disposed at once; and (iii) sub-section (2) of section 457 which requires the issue of a proclamation only in cases where the owner is not known, but not where there is an 1(a) What was the institution in the court during the year under review of cases under order directing the property to be returned to a specific person. (I) Indian Penal Code; (2) special and local laws; (When an accused is prosecuted both under the Indian Penal Code and under a section of the special and local law, classify it under Indian Penal Code cases); (3) security and maintenance cases; (4) Committal cases? IV. Witness batta and process fee (b) Has the distribution of work between the various magistrates been judicious bearing in mind both the quality and quantity of judicial work? The duty of the Court is to collect batta in private complaints where such batta has to be collected under the rules, keep proper accounts for its disbursal and refund. In cases prosecuted by the State, batta is to be paid from contingencies, but the batta payable has to be calculated 2. What is the present condition of the Court’s file? Does the last statement of pendency correctly under the rules under the orders of the Magistrate, and correctly disbursed. This task is of cases sent up for the Court tally with the registers? left to a ministerial subordinate, but it is essential that the Magistrate keeps a careful day-to-day check over this item of work. Give the following:- (a) Number of cases pending for over 2 months: V. Collection and remittance of fines (i) on the date of inspection: (ii) at the end of the previous quarter: Prompt collection of fines is as important a part of the Magistrate’s work as the trial of cases. The Magistrate should also see that fines which have become unrealizable are written off (b) Number of cases pending for over six months: at the earliest moment when it is permissible to do so. For this, proper and systematic attention should be bestowed on, (a) the execution of distress warrants and (b) the completion of default (i) on the date of inspection: sentences. The fine statements which enable the superior Courts to watch this aspect of the work, (ii) at the end of the previous quarter: should be correctly prepared and sent promptly on the due dates. The proper maintenance of the “working sheet for fine recovery” in Form 37 is an essential part of this work. It should also be (c) Number of cases pending over one year borne in mind that very often the bulk of the arrears shown as pending, relates to taxation cases, and it is also in this type of cases that the fines are most easily capable of realization, provided (i) on the date of inspection: prompt coercive processes are taken. (ii) at the end of the previous quarter: [NOTE: – Under (a), (b) and (c), give figures separately for cases in which the accused have appeared and those in which the accused have not appeared.] VI. Maintenance of Court Registers Examine the reasons for the pendency for over two months, and state whether the cases It is essential that every court register is checked at least once a month by the Head have been pending unnecessarily. Ministerial Officer and by the Magistrate-in-charge. A programme of inspection for the registers should be drawn up before up before the 5th of every month and the results of the inspection (NOTE: – While the details should be communicated to the Magistrate, they can be entered in a running note file, and steps taken to see that the defects found out are promptly omitted from the copy of the report submitted to the High Court.) rectified. 3. In cases where the accused is reported to be absconding, have steps been taken for the issue of non-bailable warrants, calling for property reports, issue of property reports, issue of proclamation, and transfer of cases to the long pending cases register after complying with the formalities prescribed in rule 32 of the Criminal Rules of Practice? INSPECTION OF THE COURT OF THE ….........of …....... This Court was inspected by.......................................... on …............................. Names of Magistrates who presided over the Court during the period covered by the inspection and the period during which each of them held the Office.363 Pendency of cases 1(a) What was the institution in the court during the year under review of cases under (I) Indian Penal Code; (2) special and local laws; (When an accused is prosecuted both under the Indian Penal Code and under a section of the special and local law, classify it under Indian Penal Code cases); (3) security and maintenance cases; (4) Committal cases? (b) Has the distribution of work between the various magistrates been judicious bearing in mind both the quality and quantity of judicial work? 2. What is the present condition of the Court’s file? Does the last statement of pendency of cases sent up for the Court tally with the registers? Give the following:- (a) Number of cases pending for over 2 months: (i) on the date of inspection: (ii) at the end of the previous quarter: (b) Number of cases pending for over six months: (i) on the date of inspection: (ii) at the end of the previous quarter: (c) Number of cases pending over one year (i) on the date of inspection: (ii) at the end of the previous quarter: [NOTE: – Under (a), (b) and (c), give figures separately for cases in which the accused have appeared and those in which the accused have not appeared.] Examine the reasons for the pendency for over two months, and state whether the cases have been pending unnecessarily. (NOTE: – While the details should be communicated to the Magistrate, they can be omitted from the copy of the report submitted to the High Court.) 3. In cases where the accused is reported to be absconding, have steps been taken for the issue of non-bailable warrants, calling for property reports, issue of property reports, issue of proclamation, and transfer of cases to the long pending cases register after complying with the formalities prescribed in rule 32 of the Criminal Rules of Practice?364 Register of long pending cases (b) Have preliminary register cases been given preference to other work and heard and disposed of expeditiously? Have the preliminary enquiries been concluded within eight weeks? 4. Have steps been taken to remind the prosecution to expedite the securing of the accused in cases which have remained in the long pending case register for a very long time, or (c)Have unnecessary adjournments been avoided? withdraw such cases if necessary? (Note: - Adjournments for examination of the accused, “for consideration” before framing Expeditious trial of cases charges, or for arguments should be scrutinized in at least 6 selected cases.) 5. (a) Has the diary register been maintained in accordance with Rule 65 of the Criminal 12. Were witnesses detained beyond three days, consecutively or otherwise? (Examine the Rules of Practice? (Check entries with reference to at least 6 cases of long duration). reasons for such detention in ten cases of long duration.) (b) Have the figures of attendance of witnesses on each date of hearing been correctly 13. Have the processes been issued promptly, and has the selection of the appropriate entered in the diary with reference to the High Court’s Circular P.Dis.407/53, dated 3rd July process (summons, bailable warrant and on-bailable warrant) and the time granted for the service 1953? been judicious and proper? 6. Does the Magistrate normally commence his work at 10.30 a.m. and sit in Court till 14. Has the process register been maintained properly? (See G.O.No.3495, Home, dated 1st 5.30 p.m. on all working days? (See rule 1 of the Manual of Instructions at page 1. Whether the October 1952) entries in the dairies are genuine should be verified with reference to some dates selected at Has the inspection of the process registers by the Inspector of Police and other random.) departmental Officers been regular, systematic and effective? 7. (a)Are the First Information Reports entered in the register promptly on receipt? 15. Have steps been taken to forfeit bonds for appearance of witnesses or the accused in (b)Have there been any cases of delay on the part of the police in filing charge-sheets? cases of default? (Examine at least six cases of long duration.) (c) Has there been any delay in taking charge-sheets on the Magistrate’s file? (Excluding holidays, any delay beyond three days should be explained.) 16. Have powers under section 258, Criminal Procedure Code, been judiciously exercised? (d)Have referred charge-sheets been pending unnecessarily? (e) Have copies of final orders in referred charge-sheets been sent to the District 17. Whether the examination of the accused by the Magistrate under section 313, Superintendent of Police/Commissioner of Police without delay? Criminal Procedure Code, has been carried out in an intelligent manner; were questions framed to draw the attention of the accused to the important facts tending to incriminate the accused? 8. Have orders on applications for bail been passed without delay? (To be answered with reference to about six cases selected at random.) 9. Has the correct procedure been followed upon the receipt of private complaints, in regard to – 18. (a) Has the Magistrate set apart particular days for the hearing of cases under the (a) the careful examination of the complainant on oath; and without delay after the Forest Act, Motor Vehicles Act and the Local Bodies enactments? presentation of the complaint; (b) Is any modification of the dates necessary? (Vide rule 5 of the Manual of (b) the forwarding of complaints to the police for enquiry under section 202, Criminal Instructions.) Procedure Code, for adequate reasons recorded; (c)the intelligent and proper use of Section 203, Criminal Procedure Code. 19 (a) Are judgments or orders promptly delivered, normally within three days after the conclusion of the enquiry or trial? (Note: - About 10 per cent of the private complaints should be examined in the light of instruction 3 in the Manual of Instructions.) (b) Has there been any delay in the submission of calendars to superior Magistrates? 10. Have requisitions under section 164, Criminal Procedure Code, been promptly complied with bythe Magistrate? (c) Have the E Forms in forest cases and P-18 forms in cases under the Prohibition Act been promptly dispatched to the departmental authorities at the conclusion of the trial? 11. (a) Has care been taken to avoid posting of more contested cases than can be conveniently heard on one day? 20(a) Are cases of short-term imprisonment numerous?365 (b) Have preliminary register cases been given preference to other work and heard and disposed of expeditiously? Have the preliminary enquiries been concluded within eight weeks? (c)Have unnecessary adjournments been avoided? (Note: - Adjournments for examination of the accused, “for consideration” before framing charges, or for arguments should be scrutinized in at least 6 selected cases.) 12. Were witnesses detained beyond three days, consecutively or otherwise? (Examine the reasons for such detention in ten cases of long duration.) 13. Have the processes been issued promptly, and has the selection of the appropriate process (summons, bailable warrant and on-bailable warrant) and the time granted for the service been judicious and proper? 14. Has the process register been maintained properly? (See G.O.No.3495, Home, dated 1st October 1952) Has the inspection of the process registers by the Inspector of Police and other departmental Officers been regular, systematic and effective? 15. Have steps been taken to forfeit bonds for appearance of witnesses or the accused in cases of default? (Examine at least six cases of long duration.) 16. Have powers under section 258, Criminal Procedure Code, been judiciously exercised? 17. Whether the examination of the accused by the Magistrate under section 313, Criminal Procedure Code, has been carried out in an intelligent manner; were questions framed to draw the attention of the accused to the important facts tending to incriminate the accused? (To be answered with reference to about six cases selected at random.) 18. (a) Has the Magistrate set apart particular days for the hearing of cases under the Forest Act, Motor Vehicles Act and the Local Bodies enactments? (b) Is any modification of the dates necessary? (Vide rule 5 of the Manual of Instructions.) 19 (a) Are judgments or orders promptly delivered, normally within three days after the conclusion of the enquiry or trial? (b) Has there been any delay in the submission of calendars to superior Magistrates? (c) Have the E Forms in forest cases and P-18 forms in cases under the Prohibition Act been promptly dispatched to the departmental authorities at the conclusion of the trial? 20(a) Are cases of short-term imprisonment numerous?366 (b) Has the imposition of fines been judicious? (NOTE––Tabulate the figures for each year under the heads: Pending at the commencement; Received during the period; disposed of; pending at (c) Have the punishments in case under the Forest Act and the Prohibition Act been the end of the period.) adequate? 28 Are the valuables in custody found correct with reference to the entries in the 21 Examine the cases dealt with under the Probation of Offenders Act, section 360, property register? Are the valuable properties checked by different Magistrates as per Rule 59 of Criminal Procedure Code, Borstal Schools Act, and the Juvenile Justice (Care and Protection of the Criminal Rules of Practice? Children) Act, 2015. In your opinion, has the Magistrate applied those provisions effectively, and in proper cases? (NOTE––The valuables should be sent for and checked at the time of inspection.) 29 Is there a separate room for non-valuable properties, and is it securely fastened 22 Is the number of cases compounded under section 320 , Criminal Procedure Code, with the key in the custody of the officer? Is the room clean and well kept? (A few items should unduly large? be checked.) 30 Is the key of the box of valuables kept by the Magistrate in his personal custody 23 Does the Magistrate discourage ill-founded complaints by a judicious use of and was it produced at the time of inspection? section 250, Criminal Procedure Code? 31 Are the confiscated properties handed over to the Collector for disposal as per 24 Has the average duration of cases disposed of in the previous quarter been unduly Rule261Criminal Rules of Practice? long? (The duration of cases should be taken up under three groups, cases under Indian Penal Code, Preliminary Register Cases and cases under other laws.) Is the confiscated cash promptly remitted into the Treasury? Are the challan numbers being noted in the property register? 25 Have the orders of the High Court modifying or setting aside the judgment been Are the chalans available in the records? noted at the foot of the judgment in the records as required in section 388, Criminal Procedure Code? Furnish figures under the following heads: 32 Has Register No. 20 (of unclaimed property) been properly maintained? (i) Number of cases taken to High Court in appeal or revision during the year. (ii) Number of cases where orders are confirmed. (iii) Number of cases where orders are set aside or modified. Witness batta and process fees Disposal of property 33 Are process fees collected correctly as per Rule 63 of the Criminal Rules of 26(a) Are the properties produced in Court, promptly entered in Criminal Register Practice? (Check the entries in Criminal Register No. 12 with the records in at least six cases.) No.19 and Judicial Form No.70 under the initials of the Magistrate as per Rule 58 of the Criminal Rules of Practice? (Check at least six cases with reference to the entries in the Police 34 (a) Has the register of witness batta collected from parties in Criminal Register Form No.26 been correctly maintained, and does the cash balance on hand agree with the balance in the register? (Verify if the instructions in High Court’s Circular P.Dis. 559/54, dated 27th July (b) Have the cashier’s initials been obtained in column 5 of Judicial Form No.70 (in the 1954 have been followed.) caseof Metropolitan Magistrate Court) ? (b) Has batta been collected and disbursed properly and without delay under 27 Have orders for disposal of property been promptly passed along with the acknowledgement? disposal of the cases, entered in Criminal Register No.19 (in the case of Judicial Magistrate Court) and in Judicial Form No.70 (in the case of Metropolitan Magistrate Court) and carried out without delay? (c) Has undisbursed batta been properly disposed of in the light of the High Court’s Circular P.Dis.No. 1322/53, dated 9th October 1953?367 (NOTE–– Tabulate the figures for each year under the heads: Pending at the commencement; Received during the period; disposed of; pending at the end of the period.) 28 Are the valuables in custody found correct with reference to the entries in the property register? Are the valuable properties checked by different Magistrates as per Rule 59 of the Criminal Rules of Practice? (NOTE–– The valuables should be sent for and checked at the time of inspection.) 29 Is there a separate room for non-valuable properties, and is it securely fastened with the key in the custody of the officer? Is the room clean and well kept? (A few items should be checked.) 30 Is the key of the box of valuables kept by the Magistrate in his personal custody and was it produced at the time of inspection? 31 Are the confiscated properties handed over to the Collector for disposal as per Rule261 Criminal Rules of Practice? Is the confiscated cash promptly remitted into the Treasury? Are the challan numbers being noted in the property register? Are the chalans available in the records? 32 Has Register No. 20 (of unclaimed property) been properly maintained? Witness batta and process fees 33 Are process fees collected correctly as per Rule 63 of the Criminal Rules of Practice? (Check the entries in Criminal Register No. 12 with the records in at least six cases.) 34 (a) Has the register of witness batta collected from parties in Criminal Register No.26 been correctly maintained, and does the cash balance on hand agree with the balance in the register? (Verify if the instructions in High Court’s Circular P.Dis. 559/54, dated 27th July 1954 have been followed.) (b) Has batta been collected and disbursed properly and without delay under acknowledgement? (c) Has undisbursed batta been properly disposed of in the light of the High Court’s Circular P.Dis.No. 1322/53, dated 9th October 1953?368 35 (a) Is witness batta payable by the Government calculated correctly under the (m)Is there any case of the accused not being available to undergo default sentence, or of rules in the Criminal Rules of Practice, with proper data for classification and distance traveled undue delay in directing the accused to undergo default sentence? and with the period for detention correctly computed with reference to Criminal Register No.28? (To be answered by examining six case records where there are numerous witnesses.) (n) In commercial tax cases and local and municipal tax cases, has undue latitude been (b) Are Criminal Register Nos.27 and 28 properly maintained? shown in granting adjournments of the cases, and (ii) in giving time to the accused to pay the amounts levied? (Examine the proportion of amounts pending collection (c) Has witness batta been disbursed without delay to all the witnesses who attend the under this head out of the total amount of fines and taxes remaining unrealised.) Court? Collection of fines 37 In respect of Metropolitan Magistrate Courts, has the fine register been maintained properly and checked by the Magistrate daily and his initials affixed? Has the register 36 Is the register of fines in Form No.25 correctly maintained? been checked by the Accounts section daily? Check entries on one day for each month. (a) Is the levy of fines including taxes collectable as fines brought promptly to account Records and Record Room and initialed by the presiding Magistrate? (Verify a few cases with reference to case records, register of fines and counterfoils in the receipt book.) 38 (a) Have the records of cases been arranged and indexed in accordance with rule (b) Is the collection of fines promptly entered in the register? 264 of the Criminal Rules of Practice? (c) Are the collected fines remitted into the treasury on the date of collection or at least on the next working day? (b) Are the records sent to the record room promptly under the initials of the record keeper in Criminal Register Nos. 1 to 5? (d) Are the fines collected correctly classified in this register? (c) Is the records movement register properly maintained? (d) Is the return of the records properly recorded? (e) Is the cancellation or reduction of fines in appeal or revision promptly and correctly entered in the register? 39 Are stamps received in court properly punched and duly entered in Stamp Register (f) Is the register of refund certificates and refund vouchers properly maintained and are No.12? refunds promptly made? 40 Is the record room clean and neatly kept? (g) Is the monthly statement of fines correctly prepared and submitted on the due date? 41 Have the rules for the destruction of record in Criminal Rules of Practice 264 been (h) Is the “working sheet for fine recovery” in Form 37 maintained? followed and is the destruction work up-to-date? (i) Has prompt action been taken (a) to collect unpaid fines and (b) to write off fines which have become unrealisable? Maintenance of the prescribed Criminal Registers (j) When the accused has been given time to pay the fine, have bonds been taken for his 42 Have the administrative registers prescribed in the Criminal Rules of Practice been appearance as provided in Section 424, Criminal Procedure Code? correctly maintained? (NOTE––Exclude registers covered by the previous questions.) (k) Are the dates of adjournment for payment of fines entered in the hearing book? 43 Have repayment orders been issued regularly to the Commissioner of Police/District Superintendent of Police and Head of the Local Body for payment of reward amounts, taxes and license fees respectively? (l) Have amounts earmarked for credit to the Local Boards been promptly credited?369 (m)Is there any case of the accused not being available to undergo default sentence, or of undue delay in directing the accused to undergo default sentence? (n) In commercial tax cases and local and municipal tax cases, has undue latitude been shown in granting adjournments of the cases, and (ii) in giving time to the accused to pay the amounts levied? (Examine the proportion of amounts pending collection under this head out of the total amount of fines and taxes remaining unrealised.) 37 In respect of Metropolitan Magistrate Courts, has the fine register been maintained properly and checked by the Magistrate daily and his initials affixed? Has the register been checked by the Accounts section daily? Check entries on one day for each month. Records and Record Room 38 (a) Have the records of cases been arranged and indexed in accordance with rule 264 of the Criminal Rules of Practice? (b) Are the records sent to the record room promptly under the initials of the record keeper in Criminal Register Nos. 1 to 5? (c) Is the records movement register properly maintained? (d) Is the return of the records properly recorded? 39 Are stamps received in court properly punched and duly entered in Stamp Register No.12? 40 Is the record room clean and neatly kept? 41 Have the rules for the destruction of record in Criminal Rules of Practice 264 been followed and is the destruction work up-to-date? Maintenance of the prescribed Criminal Registers 42 Have the administrative registers prescribed in the Criminal Rules of Practice been correctly maintained? (NOTE–– Exclude registers covered by the previous questions.) 43 Have repayment orders been issued regularly to the Commissioner of Police/District Superintendent of Police and Head of the Local Body for payment of reward amounts, taxes and license fees respectively?370 44 Have the registers been periodically and effectively checked by the presiding 47.On how many days in the week, does the Assistant Public Prosecutor attend Court? If any officer and the Head Ministerial Officer? revision is necessary, have steps been taken by the Chief Judicial Magistrate to secure the revision? (NOTE –– (1) The presiding officer should draw up a programme for checking 48. (a) Are the court premises and compound kept clean? these registers by himself and by his Head Ministerial Officer and their remarks should be recorded in a running note file with report of the rectification of the (b) Are the premises in good repair? Are any improvements necessary? defects. Attention is drawn to the instruction no.34 at page 66 of the Manual of Instructions to call for explanations for failure to inspect the registers. (c) Note the condition of the trees planted in the compound as part of the tree planting programme. (2) Criminal Register No.6 [Administrative Form No.6] should be checked with reference to the collection of the amounts and the remittance to the Railway in (d) Are the precautions taken against possible fire adequate? respect of applications under Section 138 of the Railways Act, 1989. 49. Are the Government Orders, High Court Circulars and the Principal District Judge Office Administration Circulars maintained up to date in properly classified files? 45 Have the following registers been properly maintained? 50. Are the seals of the court, belts and badges in good condition? (a) Permanent Advance Amount and Register of contingencies 51. Has action been taken promptly to rectify defects pointed out at the previous (b) Service Postage Stamp Account and Despatch Register inspection? (c) Security Register (d) Service Registers 52. Remarks on the administrative work of the Magistrate:- (e) Register of Copy Applications. (f) Pay Acquittance Register. (NOTE- In appraising the work of the Magistrate, the instructions in High Court’s (g) Attendance and Casual Leave Registers. P.Dis.No.314/52, should be borne in mind). (h) Furniture Register. (i) Stationery Register and Register of Forms. Supplementary questions to be answered when the Courts of Chief Judicial Magistrates/Chief (j) Library Register. Metropolitan Magistrate are inspected and the report to be submitted as a confidential enclosure (k) Registers of papers received to the Notes of Inspection. (l) Cash Book. (m)Fair Copy Register 1. Have Criminal Registers 2 and 10, 3 and 11 been properly maintained? (n) Monthly Cash Book (o) Disbursing Officer’s statement of expenses in case of Metropolitan Magistrates Court Tabulate the results of Criminal Appeals and Revisions disposed of during the period (p) Daily Cash Balance Register in case of Metropolitan Magistrates Court covered by the inspection : (q) Daily Cash Book of the Accountant in case of Metropolitan Magistrates Court (r) Monthly Cash Book of Receipts and Payments in case of Metropolitan Magistrates (a) Criminal Appeals disposed of; confirmed; reversed; sentence modified. Court (s) Criminal Court deposit register (b) Revisions disposed of; dismissed; allowed; number of cases taken up suo motu. 2. (a) Was the perusal of calendars by the Chief Judicial Magistrate / Chief Metropolitan 46. (a) Is the supervision of the Head Ministerial Officer effective? Magistrate systematic and effective? (b) Has the Head Ministerial Officer dealing with cash and valuables furnished the (b) Has the Magistrate ensured prompt submission of calendars? security required by the rules? (Form of security may be stated). (c) Has the Magistrate taken effective steps to ensure prompt resubmission by subordinate (c) State whether the security has been verified periodically as required by Article 288 of magistrates of calendars on which remarks were passed by superior magistrates? (Any delay of the Tamil Nadu Financial Code, Volume 1 and note the result of the last verification over a week should have been explained when the calendars were re-submitted.) (applicable to the Chief Metropolitan Magistrate / Court of Session).371 47.On how many days in the week, does the Assistant Public Prosecutor attend Court? If any revision is necessary, have steps been taken by the Chief Judicial Magistrate to secure the revision? 48. (a) Are the court premises and compound kept clean? (b) Are the premises in good repair? Are any improvements necessary? (c) Note the condition of the trees planted in the compound as part of the tree planting programme. (d) Are the precautions taken against possible fire adequate? 49. Are the Government Orders, High Court Circulars and the Principal District Judge Circulars maintained up to date in properly classified files? 50. Are the seals of the court, belts and badges in good condition? 51. Has action been taken promptly to rectify defects pointed out at the previous inspection? 52. Remarks on the administrative work of the Magistrate:- (NOTE- In appraising the work of the Magistrate, the instructions in High Court’s P.Dis.No.314/52, should be borne in mind). Supplementary questions to be answered when the Courts of Chief Judicial Magistrates/Chief Metropolitan Magistrate are inspected and the report to be submitted as a confidential enclosure to the Notes of Inspection. 1. Have Criminal Registers 2 and 10, 3 and 11 been properly maintained? Tabulate the results of Criminal Appeals and Revisions disposed of during the period covered by the inspection : (a) Criminal Appeals disposed of; confirmed; reversed; sentence modified. (b) Revisions disposed of; dismissed; allowed; number of cases taken up suo motu. 2. (a) Was the perusal of calendars by the Chief Judicial Magistrate / Chief Metropolitan Magistrate systematic and effective? (b) Has the Magistrate ensured prompt submission of calendars? (c) Has the Magistrate taken effective steps to ensure prompt resubmission by subordinate magistrates of calendars on which remarks were passed by superior magistrates? (Any delay of over a week should have been explained when the calendars were re-submitted.)372 3(a) Has the Magistrate ensured punctual submission of the monthly statement? QUESTIONNAIRE FOR THE INSPECTION (b) Are the scrutiny of and reviews on monthly statements adequate and effective? PROCEEDINGS NO. ROC.4228/78 Bud-I, Dated:12.07.1978 of the 4. Has the Magistrate avoided the use of harsh or intemperate language in his remarks on Hon’ble High Court, Madras calendars and in his reviews? NOTES OF ANNUAL INSPECTION OF THE OFFICE OF THE 5. Has the Chief Judicial Magistrate/Chief Metropolitan Magistrate exercised an effective ………….. , ………………FOR THE YEAR ……… administrative control over the work of the subordinate magistrates within his jurisdiction? i. Name of Inspecting Officer ii. Period covered by Inspection iii. Date of preparation of Notes iv. Date of Final Inspection v. Name of Head of Department during the period covered by inspection BUDGET AND PLAN Is the Number statement prepared correctly and sent 1. before the due date? 2. Are the Revised Estimate and Budget Estimate prepared with reference to the Budget Manual and sent on or before the due date? 3. (a) Are the Budget Provisions communicated to Subordinates and if so, when? (b) Is it ensured that the corresponding D.P. Code Number is also communicated to Subordinates along with the Head of Account while communicating above? 4. Is final modified appropriation prepared and sent in time? 5. Has there been excess expenditure and if so, why?373 QUESTIONNAIRE FOR THE INSPECTION PROCEEDINGS NO. ROC.4228/78 Bud-I, Dated:12.07.1978 of the Hon’ble High Court, Madras NOTES OF ANNUAL INSPECTION OF THE OFFICE OF THE ………….. , ………………FOR THE YEAR ……… i. Name of Inspecting Officer ii. Period covered by Inspection iii. Date of preparation of Notes iv. Date of Final Inspection v. Name of Head of Department during the period covered by inspection BUDGET AND PLAN Is the Number statement prepared correctly and sent 1. before the due date? 2. Are the Revised Estimate and Budget Estimate prepared with reference to the Budget Manual and sent on or before the due date? 3. (a) Are the Budget Provisions communicated to Subordinates and if so, when? (b) Is it ensured that the corresponding D.P. Code Number is also communicated to Subordinates along with the Head of Account while communicating above? 4. Is final modified appropriation prepared and sent in time? 5. Has there been excess expenditure and if so, why?374 ACCOUNT AND RECONCILATION 1 LOANS AND ADVANCES Is a Register maintained for advance of pay and T.A. granted to Government Servants on transfer/Tour and are recoveries regularly made? 1. Whether the incurring of expenditure under proper 2. Are any such advance pending now longand why? sanction and receipt of moneys by adjustment bills and by 3. Is there any case where the advance has been drawn more cash have been properly classified under the appropriate than necessary? head viz., from major head up to detailed head? 2. Whether in respect of the above, the correct D.O. and 4 REGISTERS WITH REFERENCE TO D.P. Code number have been accurately indicated? G.O.Ms.No.610 FINANCE dt:27.06.75 (a) Where loan sanction register(Annexure-2) has been 3. Whether correctly prepared enfacement slip is attached to opened with effect from 1.4.91, including outstanding as each bill? on 1.4.91 common to all category to loans (General 4. Whether the D.O. and D.P. Code are also indicated in Provident Fund Sanction should also be entered in this office copies of all categories of bills? sanction register?) 5. Whether relevant D.O. Codes and D.P. Codes have been extracted in M.T.C.70 Register. (b) Is there any irregular sanction of advance? 6. Whether the monthly reconciliation is done in time in 5. Whether individual loan ledger has been opened? respect of all heads? 6. (a) Whether loan recovery register has been opened in 7. Whether prompt action is taken to set right the respect of short term loans; loan-wise (Cycle, Handloom, misclassification notices and the fact indicated in the Khadi, F.A., G.P.F., Warm Clothing) etc., reconciliation Register? (b) Whether separate recovery register is maintained in 8. Has there been any instance where positive action has respect of long term loans viz., been taken against subordinates for non-reconciliation of  House Building Advance monthly figures?  Marriage Advance 9. Whether the D.P. Code is noted in the relevant column of classification in the control of expenditure register as well  Car/Scooter Advance as various bill Registers? 7. Whether a Register in Form 29 of T.N. Financial Code, Vol. I is maintained for noting the name and premium 10. Whether a stock file of order received and issued in details of postal life insurance Holders? regard to D.O. Code and D.P. Code is exclusively maintained? 8. Whether the requisite register is maintained to ensure that proper action is taken on all the requisitions received from 11. Whether the monthly progressive report on the stage of the co-operative societies? reconciliation of loan heads (Government servants loans) is being sent? 9. Whether the above registers are put up for monthly check?375 1 LOANS AND ADVANCES Is a Register maintained for advance of pay and T.A. granted to Government Servants on transfer/Tour and are recoveries regularly made? 2. Are any such advance pending now longand why? 3. Is there any case where the advance has been drawn more than necessary? 4 REGISTERS WITH REFERENCE TO G.O.Ms.No.610 FINANCE dt:27.06.75 (a) Where loan sanction register(Annexure-2) has been opened with effect from 1.4.91, including outstanding as on 1.4.91 common to all category to loans (General Provident Fund Sanction should also be entered in this sanction register?) (b) Is there any irregular sanction of advance? 5. Whether individual loan ledger has been opened? 6. (a) Whether loan recovery register has been opened in respect of short term loans; loan-wise (Cycle, Handloom, Khadi, F.A., G.P.F., Warm Clothing) etc., (b) Whether separate recovery register is maintained in respect of long term loans viz.,  House Building Advance  Marriage Advance  Car/Scooter Advance 7. Whether a Register in Form 29 of T.N. Financial Code, Vol. I is maintained for noting the name and premium details of postal life insurance Holders? 8. Whether the requisite register is maintained to ensure that proper action is taken on all the requisitions received from the co-operative societies? 9. Whether the above registers are put up for monthly check?376 10. Whether Government Servants who join, furnish written 7. (a) Are there any items of stores which should have declaration regarding recoveries and whether the entries become unserviceable or time barred? thereto are verified later with last pay certificate? (b) Are there spoiled or damaged items of stationery (to 11. Whether the Internal Audit party is verifying the above be detailed) register at the time of Inspection and if so with what 8. Are all the items of stationery free from damage and kept result? well stocked? 12. Whether the report in Annexure 7 to the Government 9. Is the room where the stores are kept free from dampness Order are received from the District Controlling Officers and rodents? Had the room been properly wired without regularly? leakage? 13. Whether the D.C.B. in Annexure 8 to the G.O. is sent to 10. Have adequate precautions been provided against fire? the Accountant General annually without delay? 11. Is the room kept properly locked? 14. Whether the D.C.B. at the end of the financial year has 12. Is the register kept in all prescribed form for all articles of been furnished to the Accountant General on or before furniture, stationery and other articles received and 30th June of each year in respect of all categories of disposed of? Loans? 13. Whether a register of bills invoices received from supplier i. Loans to Government Servants is maintained? ii. Short term loan wise 14. (a) When was the receipt and issue of stores and stock iii. Long term loan wise physically verified and by whom? To be checked by any 15. Whether all the loan registers are checked every month by Officer and certificate of verification recorded therein? an Officer nominated for that purpose and whether he has (b) Has there been any occasion when the stock was initialed in the check memorandum to be pasted in each verified by surprise check? register in token of monthly check? 15. Have receipts been obtained from the public for all 16. Whether there are any audit inspection parties for moneys disbursed to them and the receipts been retained inspection of loan records in the subordinate officers and in the office or sent to Accountant General/Pay and if so, whether the prescribed questionnaire is exhaustive Accounts Officers? and adequate? 16. Have full reasons for condemning the stores which have 17. What are the loan registers maintained other than those become unserviceable been recorded along with the referred to above and how far they are adequately certificate prescribed in Art.140 of T.N. Financial Code, maintained? Vol. I? 17. Has the value of unserviceable stores been treated as loss to Government within the meaning of Art.294 of T.N. UTILISATION OF THE INVENTORY Financial Code Vol. I and Procedure prescribed therein (Machinery and equipment) has been strictly followed? In the case of saleble goods, whether sales register is 18. Have entries been made in the register of written off in 1. maintained? Is the sale proceeds remitted into the Sub- respect of all orders of written off issued by the Heads of Treasury/Bank without any delay? Department and Government? 2. Whether the entries in the cash bill and in the stock 19. Have all the details of the amounts written off and the register have been checked and attested by the competent amounts ordered to be recovered been noted in the authority? register? 3. What is the form of security furnished by each Government Servant employed? 4. Where are the security bonds kept? 5. Has periodical action been taken to dispose of waste paper, unserviceable articles, etc.,? 6. Has the receipt been granted from the bill book for all moneys received, except those drawn from the Treasury?377 7. (a) Are there any items of stores which should have become unserviceable or time barred? (b) Are there spoiled or damaged items of stationery (to be detailed) 8. Are all the items of stationery free from damage and kept well stocked? 9. Is the room where the stores are kept free from dampness and rodents? Had the room been properly wired without leakage? 10. Have adequate precautions been provided against fire? 11. Is the room kept properly locked? 12. Is the register kept in all prescribed form for all articles of furniture, stationery and other articles received and disposed of? 13. Whether a register of bills invoices received from supplier is maintained? 14. (a) When was the receipt and issue of stores and stock physically verified and by whom? To be checked by any Officer and certificate of verification recorded therein? (b) Has there been any occasion when the stock was verified by surprise check? 15. Have receipts been obtained from the public for all moneys disbursed to them and the receipts been retained in the office or sent to Accountant General/Pay and Accounts Officers? 16. Have full reasons for condemning the stores which have become unserviceable been recorded along with the certificate prescribed in Art.140 of T.N. Financial Code, Vol. I? 17. Has the value of unserviceable stores been treated as loss to Government within the meaning of Art.294 of T.N. Financial Code Vol. I and Procedure prescribed therein has been strictly followed? 18. Have entries been made in the register of written off in respect of all orders of written off issued by the Heads of Department and Government? 19. Have all the details of the amounts written off and the amounts ordered to be recovered been noted in the register?378 1. AUDIT 3. (a) Is the cash payment book (C.B. No.40) maintained (a) Is the register of audit objections maintained in the properly? prescribed form? (b)Are the signature of unknown persons attested by (b) Is it being put to the concerned Officer once in a known persons? month and at least once in a year? 2. Have all the objections received from the Accountant 4. Are the following accounts duly maintained? General been replied to promptly? (Duration of pendency a)Contingent Register with reasons therefor may be detailed?) Are the vouchers duly filed and cancelled? Special Accounts relating to Judicial Department, Civil, Criminal Court Deposits and other b)Salary acquittance Register (T.&A. No.11-R) Register. Regarding Accounts. c)Register of Service Postage stamps (C.R.No.57) 1. Cash Book (C.F. No.119) and Ledger (C.R.No.35) 1. Do the entries in Register of Service Postage stamps (a) Are they kept in bound volumes paged throughout and are correspond with the entries in the Register of they written in accordance with the rules laid down in Part- correspondence despatched? I, Vol. II of the Civil, Criminal Rules of Practice and 2. Does it show that the Nasir kept any separate stock of Circular Orders? stamps? (b) Is the cash book when the court banks with the Treasury, 3. Cheque books (Civil Miscellaneous Forms 14 & 15) the Register of Receipts (CR.No.36) and of department (a) Are they kept under lock and key in the personal (CR.No.37) balance weekly and with the treasury or Banks custody of the District Munsif/Sub Judge? weekly statements? (b) Permanent Advance Accounts: (c) What is the last date when the statement was so compared? 1. Is the balance struck when contingent bills are drawn? Was there a difference and if there was one, has it been 2. Is the permanent advance amount correct on verification properly accounted for? of cash and vouchers? (d) Are the weekly statements received from the treasury or (a) Are the instructions laid down in Article 49 of the bank filed chronologically? Tamil Nadu Account Code, Vol.Ifollowed? (e) Do the entries in the Cash Book agree with the entries of receipts in the Register of impounded instruments and the (b) In case there was a transfer of the Presiding entries in the cash payment Registers? Officer during the period covered by this (f) Are the heads of accounts properly classified in the ledger? inspection. Is the handing over the cheque books (g) Is the ledger balance at the end of the year and the totals duly recorded in the cash book over the signature tally with those of cash book? of both the relieved and relieving Officers? (h) Are attachments of amount of prohibitory orders relating thereto duly noted in the ledger? (c) Are applications for cheques brought for orders (i) Is the balance on hand of all receipts shown by the cash promptly in the order of receipt and cheques book and the ledger checked by the District issued promptly after orders are passed? Munsif/Subordinate Judge with the Money actually in the Head Clerk’s/Sherishtadar’s hand? 2. Register regarding the control of expenditure (Civil Misc. Forms:97 and 98) (a) Is the classification of the entries in the account correct and are the accounts properly kept agreeable to the instructions issued regarding their maintenance? (b) Are the disbursing Officers submitting monthly accounts to the Sub-controlling Officer punctually?379 3. (a) Is the cash payment book (C.B. No.40) maintained properly? (b)Are the signature of unknown persons attested by known persons? 4. Are the following accounts duly maintained? a)Contingent Register Are the vouchers duly filed and cancelled? b)Salary acquittance Register (T.&A. No.11-R) c)Register of Service Postage stamps (C.R.No.57) 1. Do the entries in Register of Service Postage stamps correspond with the entries in the Register of correspondence despatched? 2. Does it show that the Nasir kept any separate stock of stamps? 3. Cheque books (Civil Miscellaneous Forms 14 & 15) (a) Are they kept under lock and key in the personal custody of the District Munsif/Sub Judge? (b) Permanent Advance Accounts: 1. Is the balance struck when contingent bills are drawn? 2. Is the permanent advance amount correct on verification of cash and vouchers? (a) Are the instructions laid down in Article 49 of the Tamil Nadu Account Code, Vol.Ifollowed? (b) In case there was a transfer of the Presiding Officer during the period covered by this inspection. Is the handing over the cheque books duly recorded in the cash book over the signature of both the relieved and relieving Officers? (c) Are applications for cheques brought for orders promptly in the order of receipt and cheques issued promptly after orders are passed?380 ANNEXURE 3 Maintenance of Personal Files: QUESTIONNAIRE TO BE ADDED TO EXISTING a. Are personal files for all Government servants concerned maintained properly and up-to- INSPECTION QUESTIONNAIRES IN USE IN THE VARIOUS DEPARTMENTS date? b. State the number of cases where the entries in the personal files are not up-to-date. 1 Appointments: c. Have adverse remarks, if any, been communicated to the Government servants concerned and their acknowledgmenst filed, in the personal files? (i) Does the office maintain a watch on the prompt preparation of list of approved d. State the number of cases where adverse remarks were not communicated (excluding candidates for all categories? cases where the scrutinizing authority has specifically ordered the withholding of communication of adverse remarks). Note: This question will be answered in respect of the categories for which the Head of e. Are defaulter sheets maintained for Last Grade Government servants? the office inspected or his subordinate is the appointing authority. 4 Declaration of probation: (ii) Examine a few files or disposals relating to the preparation of such lists and answer the following questions:-- a. Is a register of probationers maintained up-to-date separately for each category of Government servants? a. Has the Schedule of dates prescribed been adhered to? b. Has it been examined every month and action initiated well in advance in all cases due b. Are adequate number of candidates selected by the competent authorities? for declaration of the completion of probation? c. Are such candidates selected by the competent authorities being appointed c. Have probation sheets been opened for all persons regularly appointed? regularly even in the first instance? d. Are there any delays in passing orders of completion of probation? (iii) Are temporary appointments made only when candidates selected by the competent authorities are not available? 5 Register of substantive appointments: (iv) Have persons with more than 3 years temporary service been allowed to draw the a. Is a Register of substantive appointments maintained up-to-date? first increment in the 4th year? b. Has it been examined every month by the Head of the Office or other competent 2 Maintenance of Service Registers: authority? a. Are service registers maintained for the personnel in accordance with the c. Are there any delays in making substantive appointments? instructions in the Fundamental Rules? d. Is intimation sent to other appointing authorities promptly whenever any substantive b. State: vacancy which that authority is competent to fill in becomes available by the confirmation ordered? (1) The total number of persons for whom Service Registers are to be maintained. (2) The total number of persons for whom Service Registers are actually maintained. 6 Pension: (3) The reasons for not opening Service Registers for others. (4) The total number of cases where certificates of verification of service have not a. Did anyone in the office inspected retire from service during the period under inspection? been furnished. (5) The steps taken to issue the certificates in respect of cases in item (4) above. b. Is the Head of the office inspected competent to sanction the pension? If so: (6) The number of cases where sanction of periodical increments has been delayed. (7) The steps taken to sanction increments in the delayed cases and to ensure that i. Was action initiated in time for the sanction of pension; if not, the reasons for the such delays did not recur. delay must be stated. ii. Was pension sanctioned in time? iii. In cases where delay in sanction of pension could not be avoided was anticipatory pension sanctioned?381 3 Maintenance of Personal Files: a. Are personal files for all Government servants concerned maintained properly and up-to- date? b. State the number of cases where the entries in the personal files are not up-to-date. c. Have adverse remarks, if any, been communicated to the Government servants concerned and their acknowledgmenst filed, in the personal files? d. State the number of cases where adverse remarks were not communicated (excluding cases where the scrutinizing authority has specifically ordered the withholding of communication of adverse remarks). e. Are defaulter sheets maintained for Last Grade Government servants? 4 Declaration of probation: a. Is a register of probationers maintained up-to-date separately for each category of Government servants? b. Has it been examined every month and action initiated well in advance in all cases due for declaration of the completion of probation? c. Have probation sheets been opened for all persons regularly appointed? d. Are there any delays in passing orders of completion of probation? 5 Register of substantive appointments: a. Is a Register of substantive appointments maintained up-to-date? b. Has it been examined every month by the Head of the Office or other competent authority? c. Are there any delays in making substantive appointments? d. Is intimation sent to other appointing authorities promptly whenever any substantive vacancy which that authority is competent to fill in becomes available by the confirmation ordered? 6 Pension: a. Did anyone in the office inspected retire from service during the period under inspection? b. Is the Head of the office inspected competent to sanction the pension? If so: i. Was action initiated in time for the sanction of pension; if not, the reasons for the delay must be stated. ii. Was pension sanctioned in time? iii. In cases where delay in sanction of pension could not be avoided was anticipatory pension sanctioned?382 Administrative Form No.53 7 Suspension: (See Rule 301) a. Was any one placed under suspension bythe Head of the Office inspected or by his subordinate in the same office? If so, indicate in each case, the date of suspension, the PAY ORDER BOOK date of issue of charge memo and the present stage of the proceedings. IN THE METROPOLITAN MAGISTRATE’S COURT b. Was the suspension necessary in the public interest? AT EGMORE/GEORGE TOWN/SAIDAPET, CHENNAI c. Are steps being taken to conclude expeditiously the disciplinary proceedings against persons under suspension? No. Dated d. Was subsistence allowance paid to the incumbent and was a review of the rate of …...........20.. subsistence allowance, made as required under Rule 53 of the Fundamental Rules? 8 Rectification of defects and omissions: To The Cashier,.......................... How far have the defects and omissions pointed out by the inspecting staff been rectified before the inspecting officer’s personal inspection? Pay to ….............................................................. the sum of Rupees …......................... on account of Arrears of maintenance for 20..../batta to witness / 9 General remarks: compensation to …........................... accused / Miscellaneous, due under the order of this (These should include remarks on the extent of personal interest taken by the Head of the office.) Court in No.... of 20.... Chief Clerk Paid Rs.................... Cashier Examined and entered Received payment. Accountant Signature of recipient.383 Administrative Form No.53 (See Rule 301) PAY ORDER BOOK IN THE METROPOLITAN MAGISTRATE’S COURT AT EGMORE/GEORGE TOWN/SAIDAPET, CHENNAI No. Dated …...........20.. To The Cashier,.......................... Pay to ….............................................................. the sum of Rupees …......................... on account of Arrears of maintenance for 20..../batta to witness / compensation to …........................... accused / Miscellaneous, due under the order of this Court in No.... of 20.... Chief Clerk Paid Rs.................... Cashier Examined and entered Received payment. Accountant Signature of recipient.384 Administrative Form No. 54 [See Rule 204 (A)(4)] STATEMENT OF FINES PAID INTO THE RESERVE BANK OF INDIA, CHENNAI, DURING THE MONTH OF …......20 ... IN THE METROPOLITAN MAGISTRATE’S COURT AT EGMORE/GEORGE TOWN/SAIDAPET,CHENNAI To what On what account Amount Total head credited Rs. P. Rs. P. Fines . . . . Total Metropolitan Magistrate's Court Egmore/George Town/Saidapet, Chennai Metropolitan Magistrate To The Accountant General, Chennai (through the Secretary and Treasurer Reserve Bank of India, Chennai)385 55 .oNmroFevitartsinimdA )103eluReeS( 55 .oNmroFevitartsinimdA )103eluReeS( SESNEPXEFOTNEMETATS SRECIFFOGNISRUBSID SESNEPXEFOTNEMETATS SRECIFFOGNISRUBSID IANNEHC ,TEPADIAS /NWOT EGROEG / EROMGE ,STRUOC S’ETARTSIGAM NATILOPORTEM EHT NI IANNEHC ,TEPADIAS/NWOT EGROEG/EROMGE ,STRUOC S’ETARTSIGAM NATILOPORTEM EHT NI ecitsuJ fo noitartsinimdA .4102 – tnuoccA fo daeH rojaM ecitsuJ fonoitartsinimdA .4102 –tnuoccA fo daeH rojaM .…02 .…………… fo htnoM .…02 .…………… fo htnoM .struoC’setartsiga.MstrunoaCtil’oseptoarrttseigMaM)en(-attniluopoocrctAeMfo)ed(-atneuHocrcoAnifModaeHroniM tcetjcbeujbSuS ..ooNN DETOV DETOV secnawollA setcnneamwohlslAilbatsEyrarotnpemmehTsilbatsEyraropmseTtnemhsilbatsEsttnneemnhasmilrbeaPtsEtnenamreP sreciffOfsoreyciaffPOfoyaP gnillevarT esuoHgnillevarTssenraee DsuoH yssaePnraeD esuoHyaP sse es nu ro aH eD ssenyraaePD gnilyleaPvarTgnillevaerTsuoH esuoH ssenraesDsenraeDyaP yaP ecnawolla tneR ecnawollA tneR ecnawollA ecnawollA tneR ecnawollA ecnawolla tneR ecnawollA tneR ecnawollA ecnawollA tneR ecnawollA ecnawollA ecnawollA ecnawollA ecnawollA ecnawollA ecnawollA )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( )31( )21 .P( .sR ) .1 P1( )21(sR .P )01 .s( R P)9( .sR .P )8( .sR .P .s) R7( P .s) R6( .P .sR )5( .P .sR )4 .P( .sR )3( .P sR )2( )1( .P .sR .P )21(sR .P .sR P .sR .P .sR .P .sR P .sR .P .sR .P .sR .P .sR .P sR noitairporppafostinU I tnarGnteogitdauiBrpfoornpopiatafiroposrtipnpUA III tnarGethetgfdoudBnefeohnt ootiteariurtpidonrepppxAE IIIII htnomgnidecerp ehtfodneeht oterutidnepxE III htnomehtgnirudstnemesrubsiD VI htnomgnidecerp foetaD llibforebmuNlaireS htnomehtgnirudstnemesrubsiD VI laward foetaD llibforebmuNlaireS htnomehtfostnemesrubsidlatoT V lawaerhdtybdetamitnistnemtsujdA IV htnomehtfostnlearmeneesGru-tbnsaitdnulaotcocTA V ehertuytibdndeeptxaemfiotnlaitsottneevmisstseurgjodrAP IIIVV stnemtsujdagnidulcni lareneG-tnatnuoccA erutidnepxefolatotev: is se si eti rl gib oa ri PL II II IV V drawrofthguorbecnalaB)a( stnemtsujdagnidulcni htnomehtfoseitilibailweN)b( ehtfosegrahcsid:s te ci uti dl ei Dba )i cL ( IIIV drawrofthguorbecnalaBht)nao(m htnomehtfoseseitiitliliibbaaiillwfoeeNcn)abla(B XI ehetrufotidsneegprxaehecvsiisdsetrcguodrepDlat)ocT( X )XIsulpIIV(seitilibhaitlnsoumlp seitilibailfoecnalaB XI erutidnepxeevissergorplatoT X )XIsulpIIV(seitilibailsulp386 .tnoC-.struoC’setartsigaMnatiloporteM)e(-tnuoccAfodaeHroniM -NON .tnoC---DETOV tcejbuS .oN DETOV ameR nitnoC otattaB asnepmoC rehtO cirtcelE -eleT .slaineMfoyaP emuneR stsiypoC skr- seicneg- ucesorp otnoit -nitnoC segrahc enohP noitar- -noN noit- lacoL seicneg segrahc tcartnoc -ssentiw seidoB puorG se setaR ssenraeD yaP ssenraeD yaP dna secnawolla secnawolla .sexaT .A.R.Hdna enihcaMdna secnawolla )52( )42( )32( )22( )12( )02( )91( )81( )71( )61( )51( )41( .P sR .P .sR .P sR .P .sR P .sR P .sR .P .sR P .sR .P .sR .P .sR .P .sR .P sR noitairporppafostinU I . tnarGtegduBfonoitairporppA II ehtfodneeht oterutidnepxE III htnomgnidecerp htnomehtgnirudstnemesrubsiD VI foetaD llibforebmuNlaireS laward htnomehtfostnemesrubsidlatoT V ehtybdetamitnistnemtsujdA IV lareneG-tnatnuoccA erutidnepxefolatotevissergorP IIV .stnemtsujdagnidulcni -seitilibaiL IIIV drawrofthguorbecnalaB)a( htnomehtfoseitilibailweN)b( ehtfosegrahcsidtcudeD)c( htnom seitilibailfoecnalaB XI erutidnepxeevissergorplatoT X )XIsulpIIV(seitilibailsulp387 65 .oN mroF evitartsinimdA )46 eluR eeS( RETSIGER ECNALAB HSACYLIAD IANNEHC ,TEPADIAS /NWOT EGROEG/ EROMGE ,TRUOCS’ETARTSIGAMNATILOPORTEM EHTNI tcA stroP naidnI ehT swal-eyB tsurT troP A.C.P.S tnemnrevoG sralucitraP etaD ytiCehtrednU tcA lapicinuM tcAnoitaxaT selcihevrotoM ehtrednuseniF tcA htlaeHcilbuP tcA noitaretludAdooF fonoitneverP ehT seeF ecneciL seniF 11 01 9 8 7 6 5 4 3 2 1 .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .. drawrof thguorB .. stpieceR .. latoT .. stnemyaP .. ecnalaB .…………………………………………seepuR )sdrow nI( tisoped truoC lanimirC seicnegnitnoC )71( ot )31( snmuloCfo latot dnarG suoenallecsiM attaB noitasnepmoC ecnanetniaM )21( ot )3( .soNsnmuloc fo latoT senif sa elbarevocer stnuoma rehtO sralucitraP etaD 65 .oNmroF evitartsinimdA )46eluReeS( RETSIGERECNALAB HSACYLIAD IANNEHC ,TEPADIAS/NWOT EGROEG/EROMGE,TRUOCS’ETARTSIGAMNATILOPORTEMEHTNI 02 91 81 71 61 51 41 31 21 .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR drawrof thguorB .. stpieceR .. latoT .. stnemyaP .. ecnalaB .. tcAstroP naidnI ehT swal-eyB tsurT troP A.C.P.S tnemnrevoG sralucitraP etaD ytiCehtrednU tcAlapicinuM tcAnoitaxaT selcihevrotoM ehtrednuseniF tcA htlaeHcilbuP tcA noitaretludAdooF fonoitneverP ehT seeF ecneciL seniF 11 01 9 8 7 6 5 4 3 2 1 .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .. drawrofthguorB .. stpieceR .. latoT .. stnemyaP .. ecnalaB .…………………………………………seepuR )sdrow nI( tisoped truoC lanimirC seicnegnitnoC )71( ot )31( snmuloCfo latot dnarG suoenallecsiM attaB noitasnepmoC ecnanetniaM )21( ot )3( .soNsnmuloc fo latoT senifsa elbarevocer stnuoma rehtO sralucitraP etaD 02 91 81 71 61 51 41 31 21 .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR drawrofthguorB .. stpieceR .. latoT .. stnemyaP .. ecnalaB ..388 SLIATED stnemyaP stpieceR P .sR .P .sR .P .sR .P .sR389 etaD seniFdna seeF sralucitraP )71( ot )31( snmulocfo latotdnarG suoenallecsiM attaB noitasnepmoC ecnanetniaM tcA stroP naidnIehT swaL-yB tsurT troP A.C.P.S tnemnrevoG ehtrednU ytiC lapicinuM tcA )21( ot ) 3( snmuloc fo latoT senif saelbarevocer stnuomarehtO tcAnoitaxaT selciheVrotoM ehtrednu seniF tcAhtlaeHcilbuP tcA noitaretludAdooF fo noitneverPehT seef ecneciL seniF 75 .oN mroF evitartsinimdA )103 eluR eeS( TNATNUOCCA EHT FO KOOB HSAC YLIAD IANNEHC ,TEPADIAS/NWOT EGROEG/EROMGE , TRUOC S’ETARTSIGAM NATILOPORTEM EHT NI )81( )71( )61( )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( .P .sR .P .sR .P .sR .P .sR.P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR etaD seniFdnaseeF sralucitraP )71( ot )31( snmulocfo latotdnarG suoenallecsiM attaB noitasnepmoC ecnanetniaM tcA stroP naidnIehT swaL-yB tsurT troP A.C.P.S tnemnrevoG ehtrednU ytiC lapicinuM tcA )21( ot ) 3( snmuloc fo latoT senifsaelbarevocer stnuomarehtO tcAnoitaxaT selciheVrotoM ehtrednu seniF tcAhtlaeHcilbuP tcA noitaretludAdooF fo noitneverPehT seef ecneciL seniF 75 .oNmroF evitartsinimdA )103eluR eeS( TNATNUOCCA EHT FO KOOB HSAC YLIAD IANNEHC ,TEPADIAS/NWOT EGROEG/EROMGE , TRUOC S’ETARTSIGAM NATILOPORTEM EHT NI )81( )71( )61( )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( .P .sR .P .sR .P .sR .P .sR.P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR390 etaD knaBeht otecnattimeR )43(ot )03(snmulocfo latot dnarG suoenallecsiM attaB noitasnepmoC ecnanetniaM tcA stroP naidnIehT swaL-yB tsurT troP A.C.P.S tnemnrevoG ehtrednU ytiC lapicinuM tcA )92( ot )02( snmulocfo latoT senifsaelbarevocer stnuomarehtO tcAnoitaxaT selciheVrotoM ehtrednu seniF tcAhtlaeHcilbuP tcA noitaretludAdooF fo noitneverPehT seef ecneciL seniF )53( )43( )33( )23( )13( )03( )92( )82( )72( )62( )52( )42( )32( )22( )12( )02( )91( .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR .P .sR391 85 .oN mroF evitartsinimdA )103 eluR eeS( STNEMYAP DNA STPIECERFO KOOB HSACYLHTNOM IANNEHC ,TEPADIAS/NWOT EGROEG/EROMGE ,TRUOC S’ETARTSIGAM NATILOPORTEM EHT NI etaD seniF dna seeF sralucitraP )71( ot )31( snmulocfo latot dnarG suoenallecsiM attaB noitasnepmoC ecnanetniaM tcA stroP naidnI ehT swaL-yB tsurT troP A.C.P.S tnemnrevoG eht rednU ytiC lapicinuM tcA )21( ot ) 3( nmuloc fo latoT senif sa elbarevocer stnuoma rehtO tcA noitaxaT selciheV rotoM eht rednu seniF tcA htlaeH cilbuP tcA noitaretludA dooF fo noitneverp ehT seef ecneciL seniF 85 .oN mroF evitartsinimdA )103eluR eeS( STNEMYAP DNA STPIECERFO KOOBHSACYLHTNOM IANNEHC ,TEPADIAS/NWOT EGROEG/EROMGE ,TRUOC S’ETARTSIGAM NATILOPORTEM EHT NI )81( )71( )61( )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( PsR PsR P sR PsR PsR PsR PsR P sR PsR P sR PsR PsR P sR PsR PsR PsR etaD seniF dna seeF sralucitraP )71( ot )31( snmulocfo latot dnarG suoenallecsiM attaB noitasnepmoC ecnanetniaM tcA stroP naidnI ehT swaL-yB tsurT troP A.C.P.S tnemnrevoG eht rednU ytiC lapicinuM tcA )21( ot ) 3( nmuloc fo latoT senif sa elbarevocer stnuoma rehtO tcA noitaxaT selciheV rotoM eht rednu seniF tcA htlaeH cilbuP tcA noitaretludA dooF fo noitneverp ehT seef ecneciL seniF )81( )71( )61( )51( )41( )31( )21( )11( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( PsR PsR P sR PsR PsR PsR PsR P sR PsR P sR PsR PsR P sR PsR PsR PsR392 etaD knaB eht ot ecnattimeR .skrameR ])53( -)81( snmuloC[ ecnalaB )43( ot )03( snmuloc fo latot dnarG suoenallecsiM attaB noitasnepmoC ecnanetniaM tcA stroP naidnI ehT swaL-yB tsurT troP A.C.P.S tnemnrevoG eht rednU ytiC lapicinuM tcA )92( ot )02( snmuloc fo latoT senif sa elbarevocer stnuoma rehtO tcA noitaxaT selciheVrotoM eht rednu seniF tcA htlaeH cilbuP tcA noitaretludA dooF fo noitneverP ehT seef ecneciL seniF )73( )63( )53( )43( )33( )23( )13( )03( )92( )82( )72( )62( )52( )42( )32( )22( )12( )02( )91( P .sR P sR P sR P sR P sR P sR P sR P sR P sR P sR P sR P sR P sR P sR P sR P sR P sR 95 .oN mroF evitartsinimdA )103 eluR eeS( SETACOVDA FO SKRELC DESINGOCER FO RETSIGER ........… :truoC .........… :raeY fo etaD hcihw ni struoC fo emaN lavomer si etacovda eht fo etaD s’rehtaF .S skrameR rednu etacovda ecnediseR emaN morf ot dezirohtua noitartsiger emaN .oN deyolpme mohw retsiger esitcarp 9 8 7 6 5 4 3 2 1393 95 .oN mroF evitartsinimdA )103 eluR eeS( SETACOVDA FO SKRELC DESINGOCER FO RETSIGER ........… :truoC .........… :raeY fo etaD hcihw ni struoC fo emaN lavomer si etacovda eht fo etaD s’rehtaF .S skrameR rednu etacovda ecnediseR emaN morf ot dezirohtua noitartsiger emaN .oN deyolpme mohw retsiger esitcarp 9 8 7 6 5 4 3 2 1394 Administrative Form No.60 [See Rule 25(1)] …...................... Court, …...................... REGISTER OF PAPERS RECEIVED From whom S. No. Purport Disposal Remarks received 1 2 3 4 5 16.oN mroF evitartsinimdA ]103 eluR eeS[ ......................… ,truoC .....................… DEHCTAPSED SREPAP FO RETSIGER fo erutangiS no egatsoP dna etaD ot nosrep yranidrO fo tnuocca egatsoP fo rebmun fo etaD repap fo etaD mohw laiciffo tcejbuS mohw oT rebmuN tsiypoC ssecorp deilper rettel hctapsed dehctapsed rof dereviled egatsop tnemtrapeD fo gnitsop .P .sR .P .sR .P .sR395 16.oN mroF evitartsinimdA ]103 eluR eeS[ ......................… ,truoC .....................… DEHCTAPSED SREPAP FO RETSIGER fo erutangiS no egatsoP dna etaD ot nosrep yranidrO fo tnuocca egatsoP fo rebmun fo etaD repap fo etaD mohw laiciffo tcejbuS mohw oT rebmuN tsiypoC ssecorp deilper rettel hctapsed dehctapsed rof dereviled egatsop tnemtrapeD fo gnitsop .P .sR .P .sR .P .sR396 26.oN mroF evitartsinimdA ]422 eluR eeS[ STSIYPOC OT STNEMYAP SEEF NALP FO RETSIGER ................… ,truoC ......................… tnuomaht4/1 nalp fo tnuomA ot detiderc fo erutangiS tnuomA fo emaN ot diap eef .oN & etaD eht fo erutangiS htiw tnemnrevoG rof tsiypoC fo emaN eef nalp fo ohw etacovda esaC tsiypoC ypoc fo .oN.S reciffO gnidiserP & .oN nallahC nalp fo tpiecer tsiypoC detisoped nalp detisoped .oN )tnuoma ht4/3( noitacilppa etaD etad htiw eef ).sR( eef ).sR( ).sR( )01( )9( )8( )7( )6( )5( )4( )3( )2( )1( Administrative Form No.63 [See Rule 299] REGISTER OF STAYED CASES …...................... Court, …................ Case number of Case number of Date of proceedings in which S. No. which proceedings is Result Remarks receipt stay has been ordered stayed and Court397 Administrative Form No.63 [See Rule 299] REGISTER OF STAYED CASES …...................... Court, …................ Case number of Case number of Date of proceedings in which S. No. which proceedings is Result Remarks receipt stay has been ordered stayed and Court398 ANNEXURE Administrative Form No.64 (See Rule 207, Note 2) [See Rule 298] RECORDS MOVEMENT REGISTER REVENUE RECEIPT FOR JUDICIAL DEPARTMENT 0070 OTHER ADMINISTRATIVE SERVICES …...................... Court, …................ Sl. Initial of Head of Accounts Old D.P. Code New D.P. Code No. Steno- Initial of Details of records Date of return of Typist/Typist B.C./Translator 01 ADMINISTRATION OF JUSTICE given to Steno records shown in S.No. Case No. with date for or other person Typist/Typist with column 3 to B.C. Remarks 102–Fines and Forfeitures AA–Magisterial Fines (0301) receipt of in charge of date or Translator records shown records 229 Fines & Penalties - 0070-01-102-AA-22900 in column 3 (1) (2) (3) (4) (5) (6) (7) 03 Labour 0070-01-102-AA-2936 0070-01-102-AA-22903 1 04 Motor Vehicles 0070-01-102-AA-2945 0070-01-102-AA-22904 06 Government 0070-01-102-AA-2963 0070-01-102-AA-22906 07 Payable to Local Bodies 0070-01-102-AA-2972 0070-01-102-AA-22907 99 Others 0070-01-102-AA-2999 0070-01-102-AA-22999 501 Services & Service Fees AA–Court Fees realised in cash 227 Non-Taxation Fees - 0070-01-501-AA-22700 10 Court 0070-01-501-AA-2710 0070-01-501-AA-22710 501Services & Service Fees AB–High Court Receipts 227 Non Taxation Fees - 0070-01-501-AB-22700 39 Translation and Printing Fees 0070-01-501-AB-2739 0070-01-501-AB-22739 501 Services and Service Fees AC Receipts of Official Assignee 2 227 Non-Taxation Fees - 0070-01-501-AC-22700 10 Court 0070-01-501-AC-2710 0070-01-501-AC-22710 99 Others 0070-01-501-AC-2799 0070-01-501-AC-22799 AD–Miscellaneous Fees & Fines 229 Fines & Penalties - 0070-01-501-AD-22900 02 Judicial 0070-01-501-AD-2925 0070-01-501-AD-22902 99 Others 0070-01-501-AD-2999 0070-01-501-AD-22999399 ANNEXURE (See Rule 207, Note 2) REVENUE RECEIPT FOR JUDICIAL DEPARTMENT 0070 OTHER ADMINISTRATIVE SERVICES Sl. Head of Accounts Old D.P. Code New D.P. Code No. 01 ADMINISTRATION OF JUSTICE 102–Fines and Forfeitures AA–Magisterial Fines (0301) 229 Fines & Penalties - 0070-01-102-AA-22900 03 Labour 0070-01-102-AA-2936 0070-01-102-AA-22903 1 04 Motor Vehicles 0070-01-102-AA-2945 0070-01-102-AA-22904 06 Government 0070-01-102-AA-2963 0070-01-102-AA-22906 07 Payable to Local Bodies 0070-01-102-AA-2972 0070-01-102-AA-22907 99 Others 0070-01-102-AA-2999 0070-01-102-AA-22999 501 Services & Service Fees AA–Court Fees realised in cash 227 Non-Taxation Fees - 0070-01-501-AA-22700 10 Court 0070-01-501-AA-2710 0070-01-501-AA-22710 501Services & Service Fees AB–High Court Receipts 227 Non Taxation Fees - 0070-01-501-AB-22700 39 Translation and Printing Fees 0070-01-501-AB-2739 0070-01-501-AB-22739 501 Services and Service Fees AC Receipts of Official Assignee 2 227 Non-Taxation Fees - 0070-01-501-AC-22700 10 Court 0070-01-501-AC-2710 0070-01-501-AC-22710 99 Others 0070-01-501-AC-2799 0070-01-501-AC-22799 AD–Miscellaneous Fees & Fines 229 Fines & Penalties - 0070-01-501-AD-22900 02 Judicial 0070-01-501-AD-2925 0070-01-501-AD-22902 99 Others 0070-01-501-AD-2999 0070-01-501-AD-22999400 Sl. 0030–STAMPS AND REGISTRATION FEES Head of Accounts Old D.P. Code New D.P. Code No. Sl. Head of Accounts Old D.P. Code New D.P. Code 800 Other Receipts AA–Sale proceeds of unclaimed and escheated property No. 237 Sale Proceeds - 0070-01-800-AA-23700 01 STAMPS–JUDICIAL 08 Sale Proceeds- 0070-01-800-AA-3784 0070-01-800-AA-23708 101 Court Fees realised in Stamps AA-Court Fees realised in Stamps Dead Stock and Other waste articles 1 217 Stamps Duty 0030-01-101-AA-21700 AB–Recoveries of overpayments 01 -Judicial in lieu of Court fees 0030-01-101-AA-0410 0030-01-101-AA-21701 242 Recoveries - 0070-01-800-AB-24200 AB Deduct–Refunds–Court Fee Stamps 14–Overpayments 0070-01-800-AB-4214 0070-01-800-AB-24214 2 277 Deduct/Refunds - 0030-01-101-AB-27700 AC–Contribution towards Leave Salary of Officers lent to Foreign Service 223 Contributions and Donations - 0070-01-800-AC-22300 99-Others 0030-01-101-AB-7799 0030-01-101-AB-27799 01- Leave Salary 0070-01-800-AC-2316 0070-01-800-AC-22301 AD–Other Receipts 227 Non Taxation Fees - 0070-01-800-AD-22700 99 Others 0070-01-800-AD-2799 0070-01-800-AD-22799 3 AE–Charges recovered from Post Master General, Chennai towards taxes payable for the Post Office Buildings in the High Court 221 Receipts from Central Government - 0070-01-800-AE-22100 99 Others 0070-01-800-AF-2199 0070-01-800-AE-22199 AF–Charges recovered from Government of India towards extension of High Court jurisdiction to Puducherry State 221 Receipts from Central Government - 0070-01-800-AF-22100 99 Others 0070-01-800-AF-2199 0070-01-800-AF-22199 AG-Charges recovered from Railway Department towards Railway Magistrates Court 221 Receipts from Central Government - 0070-01-800-AG-22100 99 Others 0070-01-800-AG-2199 0070-01-800-AG-22199 AH Sale proceeds of Tamil Law Journal Theerpputh Thirattu 221 Receipts from Central Government - 0070-01-800-AH-22100 99 Others 0070-01-800-AH-2199 0070-01-800-AH-22199 900 Deduct–Refunds AA–Judicial 277 Deduct/Refunds - 0070-01-900-AA-27700 99 Others 0070-01-900-AA-7799 0070-01-900-AA-27799 AB-Magisterial 4 277 Deduct/Refunds - 0070-01-900-AB-27700 99 Others 0070-01-900-AB-7799 0070-01-900-AB-27799 AD Other items 277 Deduct/Refunds - 0070-01-900-AD-27700 99 Deduct Refunds–Others 0070-01-900-AD-7799 0070-01-900-AD-27799401 0030–STAMPS AND REGISTRATION FEES Sl. Head of Accounts Old D.P. Code New D.P. Code No. 01 STAMPS–JUDICIAL 101 Court Fees realised in Stamps AA-Court Fees realised in Stamps 1 217 Stamps Duty 0030-01-101-AA-21700 01 -Judicial in lieu of Court fees 0030-01-101-AA-0410 0030-01-101-AA-21701 AB Deduct–Refunds–Court Fee Stamps 2 277 Deduct/Refunds - 0030-01-101-AB-27700 99-Others 0030-01-101-AB-7799 0030-01-101-AB-27799 High Court, Madras, C. KUMARAPPAN, 11th December 2019. Registrar General. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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