Summary
The Court finalised uniform criminal-practice rules, requiring High Courts to incorporate them and governments to amend relevant manuals within six months. Accused persons must receive a list identifying investigation material not relied upon, enabling production requests. Objections to witness questions should be decided during examination or by its end, modifying the earlier deferred-decision practice. The rules also standardised records, disclosure, trial scheduling and investigation safeguards.
Issues
- What uniform rules were needed to improve criminal-trial records and fairness.
- Whether accused persons must receive a list of investigation material not relied upon by the prosecution.
- When objections to witness questions should be decided and how trials should be scheduled.
Provisions considered
- Section 148, Indian Evidence Act, 1872Applied the court’s duty to control improper or irrelevant questioning and modified the practice of postponing decisions on objections to witness questions. (¶ 14-15)
- Rules 1-19 and Forms A-C, Draft Criminal Rules on Practice, 2021, annexed to the orderFinalised the annexed framework and directed incorporation into High Court criminal-trial rules and consequential police-manual amendments. (¶¶ 19, Annexure)
Held
- When furnishing prosecution materials under Sections 207 and 208 CrPC, magistrates must also ensure supply of a list identifying seized statements, documents, objects and exhibits not relied upon. This enables the accused to seek appropriate production orders for a fair trial; it is not an automatic direction to supply copies of every unused item. (¶¶ 11, Annexure Rule 4)
- Presiding judges must decide objections to witness questions during proceedings or, failing that, at the end of that witness’s deposition. The practice in Bipin Shantilal Panchal was modified to this extent to avoid irrelevant, speculative or prejudicial material cluttering the record. Appropriate costs may address repeated obstructive objections. (¶¶ 12-15, Annexure Rule 7(v))
- After framing charges, courts should conduct a scheduling hearing, classify witnesses, consider document admission under Section 294 and fix consecutive evidence dates. Day-to-day examination remains the norm, with necessary adjournments supported by recorded reasons. (¶¶ 16-17, Annexure Rule 19)
- The annexed rules standardise body sketches, post-mortem documentation and site plans; recording, translation and supply of depositions; numbering of witnesses, exhibits and material objects; marking only admissible portions of prior statements or confessions; and structured reasoned judgments. (¶¶ 18-19, Annexure Rules 1-16, Annexure Forms A-C)
- Non-bailable bail applications should ordinarily be disposed of within three to seven days from first hearing, with reasons for delay recorded. States must appoint advocates distinct from public prosecutors to advise investigating officers during investigation. (¶ Annexure Rules 17-18)
- High Courts must incorporate the finalised rules and modify existing practice directions within six months, obtaining required governmental approvals and publication within that period. States and the Union for its agencies must make consequential manual amendments, particularly for investigation Rules 1-3, within six months. (¶ 19(a)-(b))
Result
Suo motu proceedings disposed of with the annexed criminal-practice rules finalised and six-month implementation directions to High Courts, State governments and the Union for its investigating agencies.