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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by these Rules shall stand repealed and all circulars previously issued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
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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
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MUDNAROMEM
siht
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tnarraw
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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
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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
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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 .......)
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redro fo etad htiw ton ro detnarg
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*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
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......................................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
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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
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lreettntai
lr
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f
eoh
st
kfora
smkrearm
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omt
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enb e lbl
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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
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tcoenn
stoin
t is
i,d
teir r,deefsrrneafrstn
asrit
esih
e nhe
hnweh wte
etheesh
sla iltanitendeidfnifoncoc
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.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
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TNERRUCFO
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NI
DESOPMI
eht
foemaN
.desucca
.tnemnrevoG eht ot
detiderceb ot senif fo tnuomA
ot
yllautneve
detiderc
eb
ot
seniF
.cte
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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(
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eeS[
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DEDNUFER
DNA
DEIVEL
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FO
RETSIGER
...................…
truoC
......................…
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)11(
)01(
)9(
)8(
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)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(
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-------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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-------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SNOITCURTSNI
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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
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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
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LASOPSID
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TNES
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SELBAULAVNEHW
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TRUOC
SNOISSES
TRUOC
SNOISSES
dna
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....................…
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ot dna
)..........................,etartsigaM
tseuqer
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dna
)..........................,etartsigaM
.)..………………
yam
tnemgdelwonkca
gniynapmocca
eht
taht
yam
tnemgdelwonkca
gniynapmocca
eht
taht
dna
noitacifirev
ruoy
retfa
em
ot
denruter
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dna
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retfa
em
ot
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.erutangis
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etartsigaM
egduJ
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egduJ
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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
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eeS(
LASOPSID
ROF
TNES
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SELBAULAVNEHW
DESU
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TPIECER
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TNEMEGDELWONKCA
TRUOC
SNOISSES
TRUOC
SNOISSES
dna
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denruter
eb
oT(
....................…
................…
)erutangis
…………
,eciffO
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.……
..…02
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.
.…02
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morF
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tpiecer
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ot
ma
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.............
rof
htiwereh
drawrof
ot ma
I
eht..........
rof
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drawrof
ot
ma
I
ruoy
deinapmocca
taht
woleb
deton
seitreporp
snoisseS
ni
seitreporp
denoitnem
rednu
eht
esaC
snoisseS
ni seitreporp
denoitnem
rednu
snoisseS(
.…02
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detad
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rettel
no…02
fo.…
.oN.C.R.P(
.…02
fo …oN
esaC
eht
no…02
fo.…
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.…02
fo
…oN
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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
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…...................... Court, …......................
REGISTER OF PAPERS RECEIVED
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Administrative Form No.63
[See Rule 299]
REGISTER OF STAYED CASES
…...................... Court, …................
Case number of
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Date of proceedings in which
S. No. which proceedings is Result Remarks
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Administrative Form No.63
[See Rule 299]
REGISTER OF STAYED CASES
…...................... Court, …................
Case number of
Case number of
Date of proceedings in which
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receipt stay has been ordered
stayed
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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