KARNATAKA CRIMINAL RULES OF PRACTICE, 1968

KARNATAKA CRIMINAL RULES OF PRACTICE, 1968[1]

PREAMBLE

Whereas, it is expedient to have uniform Criminal Rules of Practice throughout the State of Karnataka, in exercise of the powers conferred by Article 227 of the Constitution of India and of all other powers thereunto enabling and with the previous approval of the Governor of Karnataka, the High Court of Karnataka hereby makes the following rules for the guidance of all Criminal Courts in the State.

CHAPTER I PRELIMINARY

1.    (1) These rules shall be called the Karnataka Criminal Rules of Practice, 1968.

(2) They shall extend to the whole of the State of Karnataka and shall come into force on such date as the High Court of Karnataka may, by notification in the Karnataka Gazette, appoint.

(3) On the coming into force of these rules all previous rules governing any matter dealt with or covered by these rules shall stand repealed and all circulars previously issued shall cease to have effect to the extent to which such circulars are inconsistent with these rules:

Provided that, nothing in these rules shall affect the validity of anything done, any action or decision taken, any disposal made, any order of proceeding made or issued under the previous rules or circulars before the commencement of these rules.

2.    (1) In these rules, unless there is anything repugnant to the subject or context.

(a)      "Code" means the Code of Criminal Procedure, 1898, as amended from time to time;

(b)      "Section" means the section of the Code;

(c)      "Form" means the form in Appendix I;

(d)      "Court" means the Court of Session or the Court of a Magistrate;

(e)      "Magistrate" shall mean a Magistrate belonging to the State Judicial Service;

(f)       "Charge Sheet" means a report made under Section 173 of the Code by the Police after investigation with a view that the Magistrate may take cognizance of the case.

(2) Terms not defined in sub-rule (1) shall have the meaning assigned to them in the Code of Criminal Procedure, 1898, or the Indian Penal Code, 1860 as the case may be.

CHAPTER II GENERAL

1.     The hours of sittings of all Criminal Courts shall be such as may from time to time be determined by the High Court by a notification issued for the purpose; and until otherwise directed by such Notification, every Criminal court shall sit on every day (other than a public holiday) from 11 a.m. to 2 p.m. and 3 p.m. to 5 p.m.

1-A. [2]No judicial order be made on a Sunday or any public holiday save in cases of absolute urgency.

2.     Forms prescribed by these rules shall be used for the respective purposes therein mentioned with such variations as the particular circumstances of each case may require.

CHAPTER III

(Vide Section 68 of the Code)

Processes

1.     Summonses issued to witnesses shall ordinarily be signed by the Chief Ministerial Officer with the words "By Order of the Court" prefixed to his signature; but Magistrates shall themselves sign the summonses issued to the accused persons. All summonses shall bear the seal of the Court.

2.     Every summons relating to a case shall state the place of hearing and the date and time when the presence of the person summoned is required.

3.     In all summonses issued by the Criminal Courts in regional languages, plural of the pronoun shall be used in addressing the persons summoned.

4.     All warrants shall be signed by the Judge or the Magistrate, as the case may be, and shall bear the seal of the Court.

5.    (1) Summonses to Medical Officers of the Government or Municipal Authority should be served direct on them when their absence from the station is not involved, and the fact intimated to the District Health Officer in the case of Medical Officers in the mofussil or Municipal Authority concerned.

(2) If their attendance in Court involves absence from the station, summonses shall be served through the District Health Officer or Municipal Authority and in case of urgency, advance copies of the summonses shall be served on the Medical Officers direct.

(3) In the case of Superintendents of hospitals and Surgeons, summonses shall be sent to them direct when their absence from station is not involved, the fact being intimated simultaneously to the Director of Medical Services; and when their absence from station is involved, summonses shall be issued through the Director of Medical Services, advance copies being sent to the Officers directly in urgent cases.

(4) In cases where the head of the hospital is the Dean, Surgeons and Assistant Surgeons working under him shall be summoned through the Dean. But in case of urgency, advance copies of the summonses shall be sent to them directly.

Note. Medical Officers when summoned shall be given preference and examined first. The Presiding Officers of Courts shall see that the absence of such Medical Officers from their duties is as brief as possible.

6.     When the serving officer delivers or tenders a copy of the summons to the person sought to be served personally or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original summons.

7.     In a case instituted upon a complaint, a copy of the complaint shall be served on the accused along with the summons.

8.     [3]All processes shall be served or executed by the Police unless the Court which issues the processes otherwise directs.

[Read with Section 68(2) of the Code]

9.     In witness summonses issued to persons residing outside the State of Mysore for giving evidence in Criminal Courts, a foot-note to the effect that traveling allowances will be paid in accordance with the rules shall be added.

10.   A summons or process intended to be served on military personnel or on any person residing outside the State shall be either in English or be accompanied by a translation thereof in English.

11.   [4]No Court shall issue any process to compel the attendance of a State prisoner and the evidence of such person, whenever necessary, shall be taken in the jail itself.

Explanation. State prisoner in this rule means a person in respect of whom an order made by the State Government under Section 4 of the Prisoners (Attendance in Courts) Act, 1955 (Central Act 32 of 1955) is in force.

12.   (1) [5]Any Criminal Court may, if it thinks that the evidence of any prisoner other than the one mentioned in Rule 11 is material in any matter pending before it, make an order in Form 1 and send the same to the Officer-in-charge of the prison wherein such prisoner is confined.

(2) Any Criminal Court may, if a charge of an offence made against a person confined in any prison is pending before it, make an order in Form 2 and send the same to the Officer-in-charge of the prison.

CHAPTER IV CASES OF ABSCONDING ACCUSED

1.     When process has been issued for the attendance of the accused, but the case has remained pending for a period of six months owing to the non-appearance of the accused and the Magistrate is satisfied that the presence of such accused cannot be secured within a reasonable time or when the accused person found to be of unsound mind is released under Section 466(1) or detained in safe custody under Section 466(2) of the Code, the Magistrate shall report the case for the orders of the Sessions Judge, who may, if he thinks fit, order that the name of such accused shall be removed from the Register of Criminal Cases (Register No. III). The case shall then be entered in the Register of Long Pending Cases (Register No. XIII), to be maintained by all Magistrates:

Provided that, before making such a report to the Sessions Judge, the Magistrate shall have complied with the requirements of Sections 87 and 88 of the Code and, whenever practicable, the provisions of Section 512.

2.     When there are several accused persons in a case and only some of them have appeared or have been produced before the Court or some of the accused have remained absent or having appeared or having been produced, remain absent at subsequent stages, if the Magistrate is satisfied that the presence of those accused cannot be secured within a reasonable time, he shall proceed with the case as against such of the accused as are present and dispose it of according to law. As regards the other accused, he shall give the case a new number and enter it in the Register of Criminal Cases (Register No. III) and, if it remains pending for six months or more and efforts to secure the presence of the accused have failed and the case against the accused who have appeared has been disposed of, the Magistrate shall report to the Sessions Judge, who may direct that the case against the absentee accused be removed to the Register of Long Pending Cases (Register No. XIII): 

Provided that, before making such a report to the Sessions Judge, the Magistrate shall have complied with the requirements of Sections 87 and 88 of the Code and, whenever practicable, the provisions of Section 512.

3.    (1) Before directing the transfer of a case, other than a case dealt with under Sections 466(1) and 466(2) of the Code, to the Register of Long Pending Cases (Register No. XIII) the Sessions Judge shall satisfy himself that all reasonable steps have been taken to follow the procedure prescribed under Sections 87 and 88 and also, when practicable, that the provisions of Section 512 of the Code have been complied with.

(2) Every Sessions Judge shall furnish to the High Court a list of cases directed by him to be transferred to the Register of Long Pending Cases (Register No. XIII) during each quarter. Such list shall be submitted in the first half of the month succeeding the quarter.

4.     If subsequently, the absentee accused or any of them are produced or appear before the Magistrate, or the accused who was insane ceases to be insane, the case against them shall be registered under a new number and proceeded with in accordance with law.

5.     If an accused person before the Court of Session has been released under Section 466(1) or detained in safe custody under Section 466(2) of the Code and the case has not been proceeded with for six months and there is no reasonable prospect of the trial of the accused being resumed within six months after the date of the order on account of the accused not being traced or not being capable or undergoing trial on account of his continued insanity, the Court may, with the previous approval of the High Court, transfer the case to the Register of Long Pending Cases (Register No. XIII):

Provided that, in the case of absconding accused, action shall have been taken under Sections 87 and 88 of the Code and to enforce the bond of the surety, if any, and, whenever practicable, under Section 512 thereof.

CHAPTER V INVESTIGATION AND PROSECUTION

A. Investigation

1. Report under Section 154.

(1)     [6]On receipt of the report of the [7]Police Officer under Section 154 of the Code, the Magistrate shall make a note on the report of the date and time of the receipt thereof and initial the same. Before initialing, the Magistrate shall also endorse on the report whether the same has been received by post or muddam.

(2)     The report shall be entered in Register No. I.

2.    (1) When a Magistrate directs an investigation of a case under Sections 155(2), 156(3) or 202 of the Code, he shall specify in his order the rank and designation of the Police Officer or the Police Officers by whom the investigation shall be conducted.

Note: Ordinarily the investigation should be directed to be held by a Police Officer below the rank of an Assistant Superintendent of Police. But where for special reasons to be recorded in writing, the Magistrate considers it necessary that the investigation should beheld by an Officer of superior rank, he may direct an Assistant Superintendent of Police to conduct the investigation.

(2) Magistrates shall take proper steps to enforce the prompt submission of the final report in cases referred by them to the Police for investigation.

3.    (1) Application for Remand under Section 167.

An application for remand to police custody shall mention the grounds and shall also be accompanied by a copy of all entries made up to that stage in the diary maintained under Section 172(1) of the Code.

(2) The order remanding the accused person to police custody should be made in the presence of the prisoner and after hearing any objection he may put forward to the proposed order.

(3) Such remand shall be granted only for sufficient reasons to be recorded in writing and only for such period as the Magistrate considers necessary.

[Vide Section 167(2), (3) and (4) of the Code]

(4) An accused person who has been produced before a Magistrate for the purpose of making a confession and who has declined to make the same or has made a statement shall not be remanded to police custody.

On his remand to judicial custody, the Police Officers shall not, except in the presence of a Magistrate, be allowed either to see him or to have any communication with him.

4.     When a requisition for recording a statement under Section 164 of the Code is received by a Magistrate having jurisdiction to try the offence or commit the accused for trial, he shall direct the accused to be taken before another Magistrate for that purpose, unless the Magistrate, for reasons to be recorded in writing, deems fit to record the statement himself; and when he does so, he shall report the case to the Sessions Judge, who may take the case on his own file or refer it to another Magistrate.

5. Recording of Confession Statements.

(1)     When an accused person is produced before a Magistrate for recording a confession statement, the Magistrate shall explain to him that he is before a Magistrate, that he is under no obligation at all to make any statement, that he is free to make a statement or refrain from making any as he pleases, mat it is not intended to take him as an approver and that anything said by him will be taken down and thereafter may be used as evidence against him.

The Magistrate shall make a record of the fact that he has complied with the above requirements.

[Vide Section 164(2) of the Code]

(2)     (a) A Magistrate may put such questions as he considers necessary to assure himself that the accused is making the statement voluntarily.

(b) Further, the Magistrate shall put the following questions.

(i)       When were you arrested?

(ii)      When did the police first question you?

(iii)     How often did they question you?

(iv)    Were you detained anywhere before you were taken to custody? If so, when and where?

(v)      Were you induced to make a confession statement and are you making the statement as a result of any ill treatment?

(c) The questions put by the Magistrate as well as the answers given by the accused shall be reduced to writing.

(3)     If the accused person, after being so questioned, still expresses a desire to make a statement, the Magistrate shall give him reasonable time for reflection, which shall ordinarily be not less than 24 hours. During this period he shall be kept in judicial custody.

(4)     When the accused person is produced before the Magistrate after the expiry of the period so granted, he shall again warn the accused that he is not bound to make any statement and that any statement made by him may be used against him during the trial of the case.

(5)     If the accused still desires to make a statement, and the Magistrate is satisfied that he is doing so voluntarily, the Magistrate shall record the statement of the accused.

(6)     The Magistrate shall record the statement of the accused in Court and during Court hours, save for exceptional reasons to be recorded in writing.

(7)     The Magistrate shall see that during the questioning of the accused and the recording of his statement, there are no police officers either in the Court-house or in the vicinity.

(8)     Every question put to the accused and every answer made by him shall be recorded in full.

(9)     The accused person shall be questioned in the language known to him and the answer given by him shall be recorded in his own words, as far as possible.

(10)   After recording the statement of the accused, the same shall be read out and explained to him in the language known to him and the fact of having read the statement to the accused and the accused having admitted its correctness shall be recorded.

(11)   The Magistrate shall thereafter append a certificate as required by Section 164(3) of the Code.

B. [8]Prosecution

6.    (1) Every pleader as defined under Section 4(r) of the Code appearing for the prosecution in any criminal proceedings other than criminal appeals shall file in Court a vakalatnama from his client authorising him so to appear. In all criminal appeals such pleader may file a memorandum of appearance instead of a vakalatnama.

(2) Every such pleader defending an accused person in any criminal proceedings in any Court shall file a memorandum of appearance containing a declaration that he has been duly instructed to appear by or on behalf of the party whom he claims to represent.

7.    (1) A vakalatnama shall be executed before, or its execution attested by any of the following persons.

Any Judicial Officer, Registrar, Deputy Registrar or Assistant Registrar of a High Court; a Sheristedar, Head Munshi or Head Clerk of any Civil Court; a Member of the Parliament of India; in a Member of the Legislative Assembly or Council of any State in India; a Member of any Taluk Board, Municipal Council or Panchayat; a Shanbogue, a Patel, a Village Munsiff; any Advocate on the rolls of the Supreme Court or of any High Court of India including the Advocate in whose favour the vakalatnama is executed; any Pleader or other Legal Practitioner.

(2) If the person executing the vakalatnama appears to the attestor to be blind, illiterate or unacquainted with the language in which the vakalatnama is written, the attestor shall certify that the vakalatnama was read over and explained to the executant in a language known to him in the presence of the attestor and that the executant seemed to understand the same and made his signature or mark in his presence.

(3) Before filing the vakalatnama into Court, the pleader or Advocate shall endorse his acceptance thereon over his signature and enter the date of such acceptance. He shall also enter therein his address for service.

(4) A complainant who has engaged a pleader or an Advocate to appear for him shall not be entitled to be heard in person unless he withdraws the vakalatnama executed by him.

8.    (1) Notwithstanding the termination of all proceedings in the trial or inquiry, the appointment of a pleader in a criminal case shall, unless otherwise provided for therein or determined by the death of the party engaging him or of the pleader or by revocation in due course, be deemed to authorise him to appear or to make any application or to do any act in connection with getting copies of judgments or other documents.

(2) A pleader or an Advocate shall not be entitled to take delivery of the property or documents on behalf of his client in the absence of a provision for such delivery in his vakalatnama or power-of-attorney specially authorising him to take delivery of the property or documents.

9.     A complaint in writing shall be accompanied by a sufficient number of copies to be served on each of the accused persons.

10.   Charge Sheet.

(1)     As soon as a charge sheet is received by a Magistrate, he shall put his initials on the same together with the date of its receipt. The same shall be entered in Register No. I. The entries in the said Register shall show the number and names of the accused persons and the offences mentioned in the charge sheet. It shall be the responsibility of the Chief Ministerial Officer of the Court to see that such entries are made immediately after the chargesheet is initialed by the Magistrate.

(2)     The charge sheet shall be examined and the Magistrate shall ascertain and take steps to secure, if not already produced.

(i)       the documents referred to in the charge sheet or certified extracts thereof in the case of books or Registers in the custody of Public Officers;

(ii)      the property seized in the case; and

(iii)     the report under Section 154 of the Code.

(3)     When the Magistrate sees sufficient grounds to proceed with the case and issues process to the accused, the charge sheet shall be entered in the Register of Criminal Cases (Register No. III).

11.   On receipt of a complaint, the Magistrate shall have the same entered in Register No. II and shall have it entered in Register No. III, if he sees sufficient grounds to proceed and orders issue of process to the accused.

CHAPTER VI PRELIMINARY INQUIRY

(Read with Sections 207 and 207-AChapter XVIII of the Code)

1.     Preference should be given to preliminary inquiries over other work and they should be conducted from day to day, as far as practicable.

2.     In every case in which time taken between the date of receipt of the charge sheet and the date of the committal order exceeds six weeks, the Committee Magistrates should furnish an explanation for the delay and the same should be attached to the copy of the committal order sent to the Sessions Judge, who, whenever he considers that there has been an unreasonable delay, shall report the matter to the High Court.

3.    (1) In all committal proceedings the Magistrate shall draw up a resume or statement of the case containing the reasons for the order and file it with the records, whether the accused is discharged or committed to the Court of Session and send a copy thereof within one week of making such order to the Sessions Judge.

(2) The Magistrates shall send the record of the inquiry with -the charge and the order directly to the Sessions Judge, reporting at the same time the section under which the offence charged is punishable and the number of witnesses cited for the prosecution and for the defence and estimating the probable duration of the trial. The Court of Session shall then fix a date for trial and inform him of the date fixed mentioning the date or dates for which witnesses and the accused should be summoned or bound over. Upon receipt of this intimation the Magistrate shall cause all the non-official witnesses for the prosecution as well as for the defence to be summoned before him and bind over for appearance in the Court of Session on the dates indicated by the Sessions Judge for the examination of those witnesses. He shall also issue summonses in good time to the official witnesses for their appearance before the Court of Session on the dates mentioned in the summonses. Thereafter he shall forward to the Court of Session all the material objects in the case.

(3) Along with his report, the Magistrate shall also intimate the Sessions Judge whether the accused or any of them is or is not able to engage a Counsel for his defence in the Court of Session, after making such enquiries about the means of the accused to defend his case as the Magistrate deems fit.

4.     In sending up the lists of witnesses in cases committed to the Courts of Session, the Magistrate shall note how each witness is classed by him under the rules for the payment of the expenses of witnesses.

CHAPTER VII INQUIRY AND TRIAL BEFORE A MAGISTRATE OR A COURT OF SESSION

A General

1.    (1) [9]All Judges and [10]Magistrates shall record in their own writing in the order sheet in Form 3 all proceedings and orders of the Court as and when the proceedings take place and the orders are pronounced and shall initial the same:

Provided that Judges and Magistrates may write out any order in the order sheet, or may have the same typed to their dictation on separate sheet or sheets of paper. In the latter event, the result thereof shall be recorded in the order sheet in the writing of the Judge or Magistrate.

(2) Whenever a judgment is pronounced, the result shall be noted in the hand of the Judge or the Magistrate in the order sheet and the same shall be initialled and dated by him.

2.     Every time an inquiry or trial is adjourned, the order of the Court in writing giving reasons therefor shall be recorded in the order sheet.

3.    (1) [11]A Magistrate taking up a case for trial should, ordinarily, proceed with the trial from day-to-day until it is completed. No witness shall as a rule be sent back without examination except for unavoidable reasons to be recorded in writing.

(2) [12]In every case in which the age of the accused is relevant either for the purpose of conviction or of the sentence to be imposed or for any other purpose, evidence should be taken for determining the age.

4.     Ordinarily a witness shall give evidence standing. The Presiding Judge or Magistrate may permit the witness to give evidence seated. In exercising his discretion in this behalf the Magistrate shall have regard to the age, or state of health of the witness, or any other relevant consideration.

5.     Before granting permission under Section 4(r)(2) of the Code to any person to represent the accused, it shall be lawful for the Court to enquire about the antecedents of such person and call for information regarding his general character and suitability for the purpose.

6.     If it is proposed to prove more than one previous conviction against an accused person for the purpose of affecting his punishment, they should not be lumped in one head of charge, but should be set forth separately each under a distinct head of charge.

B. Recording of Evidence

7.     [13]After the evidence of a witness is read over or interpreted to him as required by Section 360 of the Code and admitted by the witness to be correct, the Magistrate or Judge shall append a certificate to the effect that the deposition has been so read over or interpreted to the witness and was admitted by the witness to be correct.

8.     If the Judge or Magistrate does not understand the language in which the evidence is given or when he cannot interpret it in the language understood by the accused, he may require any competent person to be the interpreter and record his sworn statement that he knows the two languages which he has to interpret and that he will truly and correctly interpret the same.

9.     A Judge or Magistrate may pay a reasonable fee, having regard to the time and work involved, to such interpreter not exceeding [14][Rs. 50 per day] ordinarily for interpreting the deposition of a witness or witnesses.

Such payment shall be made out of the amount granted to the Court towards the payment of batta to witnesses. Every such payment shall be evidenced by a proper voucher.

10.   The witnesses for the prosecution shall be serially numbered as P.W. 1, P.W. 2, P.W. 3, etc., in the order of their examination; the witnesses for the accused will also be similarly numbered as D.W. 1, D.W. 2, D.W. 3, etc., and the witnesses examined as Court witnesses be numbered as C.W. 1, C.W. 2, C.W. 3, etc.

C. Documents

11.   When a document produced before the Court is either illegible or badly written, the Court may require the production of a typed or neatly written copy of the document.

12.   Only documents admitted in evidence shall be marked as Exhibits and they shall be serially numbered as hereinafter provided.

13.   (1) The Exhibits relied upon by the prosecution shall be marked as Ex. P-1, P-2, P-3, etc., those relied upon by the accused as Ex. D-1, D-2, D-3, etc., and those marked as Court Exhibits as Ex. C-1, C-2, C-3, etc.

(2) [15]Whenever a portion of an exhibit for the prosecution is separately marked as an Exhibit for the prosecution, such separate portion shall be indicated by giving a sub-number, e.g., Ex. P-1(a), Ex. P-1(b), Ex. P-1(c) and so on. Whenever any portion of a document exhibited for the prosecution is required by the defence to be marked as defence exhibit, such portion shall be given a separate number indicating that it is a defence exhibit like Ex. D-1, Ex. D-2 and so on as the case may be. The same rule shall mutatis mutandis apply when marking portions of defence exhibits or Court exhibits.

(3) A list of the documents admitted in evidence on behalf of the prosecution and another of documents admitted in evidence for the defence shall be prepared in Form 4 and be signed by the Judge/Magistrate. The documents shall be entered in these lists in the order in which they are marked.

14.   Subject to any order passed by the Court in that behalf, any person, whether a party to a proceeding or not, desirous of receiving back any document produced by him in the proceeding and placed on the record shall, unless the document is impounded under Section 104 of the Code, be entitled to receive back the same.

(a)      where the proceeding is one in which an appeal is not allowed, when the proceeding has terminated; and

(b)      where the proceeding is one in which an appeal is allowed, when the Court is satisfied that the time for preferring the appeal has elapsed and that no appeal has been preferred, or, if an appeal has been preferred, when the appeal has been disposed of.

15.   Summoning of a document from another Court or Public Officer.

Before issuing a summons for the production of a document in the custody of another Court or Public Officer, the Court shall consider whether the party applying for such summons should not be required to obtain and file a certified copy thereof. The original shall ordinarily be summoned only if the Court is satisfied that it would entail unreasonable expense or delay to obtain a certified copy or that the production of the original is necessary for the purposes of the case.

16.   (a) When an article produced in a Court is admitted in evidence, it shall be marked by the Court thus: M.0.1, M.0.2, etc.;

(b) A list of such articles admitted in evidence shall be prepared in Form 5 and be signed by the Judge or Magistrate. The articles shall be entered in the list in the order in which they are marked;

(c) No article which has been admitted in evidence shall be returned or destroyed until the period for preferring the appeal has expired or until, if an appeal is preferred, the appeal has been disposed of.

D. Arguments and Judgments

17.   Ordinarily arguments will be heard immediately after the evidence in the case is closed.

18.   Whenever a Court does not pronounce a judgment immediately after the hearing of the arguments but reserves it for being pronounced for some subsequent time, the Court shall fix a date for the pronouncement of such judgment and shall enter that date in the order sheet (Form 3) as well as in the Court Diary (Register Mo. X) referred to in Rule 5 of Chapter X. If on such date the Court does not pronounce the judgment but adjourns the same to a future date, the same shall also be noted accordingly.

19.   Where Indian dates are mentioned in judgments, the corresponding English dates should be added and in judgments the use of words in regional language where their English equivalents can be used without detriment to the sense, should always be avoided. If a word in regional language is used, its nearest English equivalent should be added in brackets.

20.   (1) A judgment, if not pronounced immediately after the case is concluded, shall be pronounced within 14 days from the date on which the case concludes.

(2) If for any reason a judgment is not pronounced within the period prescribed in sub-rule (1), the Judge or Magistrate shall record in the order sheet (Form 3) the reasons for the delay in pronouncing the judgment.

21.   The lists of the witnesses examined, of the documents admitted in evidence on each side and of the material objects produced and marked in the case shall be appended to the judgment.

22.   In all cases to which Section 75 of the Indian Penal Code, 1860, is applicable and in which previous convictions are proved against the accused person or admitted by him, Sessions Judges/Magistrates should append to their judgments a table showing the previous convictions in Form 6.

23.   No copy of the judgment shall be prepared until the judgment is pronounced in open Court and signed.

24.   [16]Subject to the provisions of Section 371(1) of the Code, an accused must be provided with a copy of the judgment expeditiously in a case of conviction; and, when he is in custody, within 24 hours of the judgment.

CHAPTER VIII COURT OF SESSION

 

1.    Cases committed to the Court of Session shall be filed and numbered. on the date of the receipt of the intimation of the committal order and they shall continue to bear the same number even when they are transferred to the file of the Assistant or Additional Sessions Judge.

[17][1 -A. As soon as the record of a sessions case or a case under appeal or revision is received by a Sessions Court from the committing Court or the Trial Court, as the case may be, the Chief Ministerial Officer of the Court will arrange to get the necessary number of paper books prepared by the typists or copyists working under him.

(i)       The paper book shall contain copies of the following:-

(a)      The Order Sheet;

(b)      The list of property;

(c)      The complaint (if any) or its English translation and the charge;

(d)      Depositions in English;

(e)      Statement of the accused including written statements, if any;

(f)       The judgment or order appealed from or sought to be revised or the criminal order;

(g)      Grounds of appeal or revision;

(h)     Such other documents as the Sessions Judge by special or general order may direct to be included.

An index in the following form should be prefixed to each copy of the paper book:-

 

INDEX

(ii)      Care should be taken to see that the copies are accurately made and that there is no unnecessary increase in the bulk of the record by including pages which are particularly blank or otherwise.

(iii)     The copies of the translations should be initialled as correct by the person translating the document, (if any), and the Chief Ministerial Officer.

(iv)    The typed copies should bear their 6wn independent paging and not the paging of the original records and the lines on every page should be numbered by the multiples of five, such as 5, 10, 15 and so on.

(v)      Ordinarily three copies of paper books should be prepared in all cases, one for the use of the Court, one for the use of the Public Prosecutor and one for the use of the accused or the opponent, as the case may be. The Sessions Judge may order preparation of more copies in any particular case.

(vi)    One copy shall be supplied to the Public Prosecutor free of cost. The copies supplied to the accused and other parties shall be charged at the rates mentioned in sub-rule (vii) below:

Provided that if, the defence of the accused in any case is arranged at the expense of Government, a copy of the paper bool;: shall be supplied free of cost to the lawyer or to each of the lawyers appointed at Government cost in such a case and that if after the appointment of such legal practitioner the accused appoints another lawyer, the copies already prepared and given to the lawyer appointed by the Court at · Government cost may not be made available to the lawyer privately appointed by the accused except upon payment of the charges prescribed in sub-rule (vii) below:

Provided further, that the Court may, if in its opinion the party is too poor to pay the cost of the paper book, order that a copy of the paper book should be supplied to such party free of cost.

(vii)   The copies of the paper book to be supplied to the accused or any party to the proceedings or his lawyers on payment shall be charged at the following rates:-

First copy of the running matter Rs. 0.20 per page

Each additional copy .Rs. 0.50 per page

Where tabular statements are to be prepared, the rate shall be 30 paise per page of the principal copy and 8 paise per page of each additional copy.

(viii)  If any of the accused or parties to a proceeding desire that more number of copies than those prescribed in sub-rule (v) above be prepared and supplied to him or them separately he or they shall give intimation in that behalf to the Chief Ministerial Officer before the expiry of one week from the receipt of the record and the proceedings of the case from the lower Court in the Sessions Court or such further time as may be allowed by the Sessions Court and shall also deposit the amount sufficient to meet the costs of such extra copy or copies as may be determined by the Chief Ministerial Officer. The Chief Ministerial Officer shall, thereafter, arrange to supply such extra copy or copies each of which shall be charged as prescribed in the foregoing sub-rules. If the actual cost exceeds the amount of deposit, the party or parties concerned shall make good the deficit and if any balance is left over from the deposit after meeting the charges of the copies supplied, the same shall be refunded to the -party or parties concerned. The charges for preparation of paper books shall be treated as one of the items of cash expenses and the Account Rules regarding cash expenses for the time being in force shall apply to the charges for preparation of the paper book also.

(ix)    Where there are several accused or opponents concerned and arrangements have not been made with the office as provided in sub-rule (v) above for extra copies, the accused or the opponent first applying shall be entitled to get the copy reserved for him in sub-rule (v) above on payment of the charges prescribed in sub-rule (vii) above. The rest of the accused or opponents shall make their own arrangements for getting copies prepared for themselves.

(x)      Immediately after the paper books are prepared by the office of the Court, the exact amount of charges according to the prescribed rate shall be calculated and the said amount shall be finally credited to the Government]:

[18][Provided that the court may in the interest of speedy disposal of the appeal or revision, or if it is of the opinion that the preparation of the paper books will result in undue delay, dispense with the preparation of such books].

2.    Sessions work should ordinarily be given preference over other work and should not be unnecessarily interrupted and the trial should proceed from day to day until it is concluded.

[19][3.   (a) The Sessions. Judges shall select and appoint a suitable legal practitioner as standing counsel for a period not exceeding one year.

(b) In any case in which an accused is tried for an offence punishable with death and it appears to the Sessions Judge that the accused is not possessed of sufficient means to engage a pleader, the Sessions Judge shall make an order in writing appointing the standing counsel to defend such accused. The fact and the date of such appointment of the standing counsel shall be noted in the order sheet (Form No. 3).

4.    The standing counsel so appointed to defend the accused under Rule 3 (b) shall be furnished with the necessary papers and allowed adequate time to prepare for the defence. Such time shall not be less than 10 days.]

5.    Sessions Judges are authorised to sanction the payment to [20][standing counsel] engaged for the defence under the above Rule a fee not exceeding Rs. 50 for each day of the trial, subject to a maximum of Rs. 200 for the whole case. In exceptional cases in which, on account of the complexity or extra labour involved, the Sessions Judge considers that a higher amount should be paid by way of remuneration, he may make a recommendation for that purpose to the Government through the High Court.

6.    In all trials by Courts of Session, the presiding Judge shall record briefly in English, the substance of the arguments of the Public Prosecutor and the pleader for the defence, if any, and the note so made shall form part of the records of the case.

7.    (1) Every Court of Session shall cause to be typed all its Sessions Judgments, including the lists of witnesses, exhibits, and material objects appended thereto.

Note.- While typing, care should be taken to see that a margin of at least 1.5 inches is left on both sides of each page.

(2) The Court of Session shall submit to the High Court along with the records, 12 clearly typed copies of the judgment while submitting the records in appeal,

(3) In addition, the Court of Session shall, as soon as possible, after getting the judgment typed, cause distribution, free of cost, of such copies as follows:-

(i)       one copy to the Committing Magistrate;

(ii)      one copy to the High Court as provided in the Rules relating to the submission of Judgments and Calendars;

(iii)     one copy to each of the accused persons with reference to [21][Section 371 of the Code];

(iv)    one copy to the Superintendent of the Jail to which the prisoner is committed, when such prisoner is sentenced to imprisonment;

(v)      two copies to the Superintendent of the jail to which a prisoner is committed when such prisoner is sentenced to death, to prevent delay in the transmission to Government of petitions for mercy;

(vi)    in cases other than those mentioned in clauses (iv) and (v), one copy shall be furnished at his request to each person convicted of an offence;

(vii)   one copy to [22][the Director, Forensic Science Laboratory,] Bangalore, in cases in which any remarks have been made by the Court in respect of the opinion of the Chemical Examiner or the Ballistic Expert or the Expert in Forensic Medicine or the Hand Writing Expert;

(viii)  one copy to the Public Prosecutor;

(ix)    one copy to the Head of the Department where the accused or any of the accused in the case happens to be a public servant; and

(x)      one copy to be filed with the record.

Note.- The above Rule shall also apply to judgments by Special Judges under [23][the Prevention of Corruption Act, 1947 (Central Act 2 of 1947).

CHAPTER IX EXECUTION OF SENTENCE

A. Fines

1.     Fine imposed in any case shall be entered in Register No. V of Appendix II on the very day of the judgment and all recoveries shall be entered promptly in the said Register.

2.     A receipt shall be issued for every recovery of fine in the form prescribed in the Account Rules for the subordinate Civil and Criminal Courts.

3.     All warrants issued under Section 386(1)(a) of the Code for the recovery of fine shall be addressed to the District Superintendent of Police concerned, for execution by himself or by such officer as he may, by writing, appoint in that behalf.

4.     The fine amount shall be remitted to the treasury on the date of receipt, if received before 2-30 p.m. and on the next working day, if received beyond 2-30 p.m. and in the latter case a note to that effect shall be made against the relevant entry [24][in the Register (General Cash Book) prescribed in the Accounts Rules for the subordinate Civil and Criminal Courts] and the same shall be initialed by the Judge/Magistrate.

5.     When any fine amount or part thereof is ordered by the Court to be paid as compensation to any person, such amount shall be credited to the general deposit of the Criminal Courts and payment thereof shall be made by issue of cheques as prescribed in the Account Rules for the subordinate Civil and Criminal Courts:

Provided that, no such payment shall be made before the expiry of the time provided for an appeal or revision and, if an appeal or revision is preferred, the payment shall not be made until the appeal or revision is disposed of.

6.     When an accused person sentenced to fine and a default sentence of imprisonment (with or without substantive sentence of imprisonment) is committed to prison for undergoing that sentence and the fine amount is paid by any person on his behalf when he is undergoing sentence, the Court shall at once intimate in Form 7 the recovery of fine to the officer in charge of the jail to which he had been committed or where he is imprisoned and shall also direct the release of the accused, if he has already undergone the substantive sentence of imprisonment, if any.

7.    (1) The amount of fine entered in Register No. V in respect of any case, or so much thereof as remains unrealised, may be written off.

(a)      where a Judge or Magistrate has issued a warrant under clause (a) or (b) of Section 386(1) of the Code, after return of the warrant with the endorsement of the District Superintendent of Police or the Deputy Commissioner, as the case may be, to the effect that the fine is irrecoverable; or

(b)      where no such warrant is issued, when the accused has undergone the whole of the default sentence of imprisonment imposed, if any.

(2) When the whole or any part of the fine is ordered to be written off as irrecoverable, appropriate entries shall be promptly made in Register No. V of Appendix II.

B. Other sentences

8.    (1) Sessions Judges shall make arrangements for communicating every order of the High Court or Supreme Court imposing, confirming, reversing or commuting a sentence of death to the Superintendent of the jail where the prisoner is confined within 24 hours of the receipt of the order in the Court of Session.

(2) Immediately after the receipt of the order of the Supreme Court or the High Court imposing or confirming the sentence of death, the Sessions Judge shall issue a warrant in Form XXXV in Schedule V of the Code accompanied by a copy of the judgment for delivery to the convict and shall appoint therein the date of execution which date shall be not less than 60 days and not more than 90 days from the date of the receipt of the order. Such a date shall be fixed by the Sessions Judge in consultation with the Superintendent of the Jail:

Provided that, the Sessions Judge shall withdraw the warrant.

(a)      on receipt of an order of stay either from the High Court or the Supreme Court; or

(b)      on receipt of direction from the High Court to postpone the execution; or

(c)      when the Sessions Judge, for any sufficient reason, considers that the execution should be postponed to a future date:

Provided further that, on receipt of a copy of an order from the High Court or the Supreme Court of the stay having been vacated, or on receipt of further instructions from the High Court that the sentence may be executed, the Sessions Judge shall issue a fresh warrant fixing a date for the execution in consultation with the Superintendent of the Jail.

In any case in which the warrant has been withdrawn by the Sessions Judge, consequent on his having postponed the execution to some future date, the Sessions Judge shall issue a fresh warrant for the execution of the sentence being carried out on that date.

9.     When a Court of Session imposes a fine in addition to imprisonment for life and the whole or part of the fine is paid or recovered, the Court shall endorse the fact of such payment or recovery on the warrant of commitment, or if that has already been issued, shall notify the fact of the payment or recovery to the Keeper or Superintendent of the Jail in which the prisoner is lodged.

C. Warrant of Commitment

10.   (1) A separate warrant of commitment to prison shall be drawn up in respect of each of the accused persons,

(2) Every such warrant of commitment must be accompanied by a descriptive roll of the prisoner, mentioning the name of such prisoner and his father's name.

(3) Where there are more accused persons than one in the case, the warrant shall also mention the serial number of such accused as given in that case.

11.   Where property belonging to a prisoner has been produced in Court or seized from him and is sent to the jail along with the prisoner, details of the property so sent shall be entered in the warrant.

CHAPTER X MISCELLANEOUS MATTERS

A. General

1.     All proceedings other than those relating to inquiries and trials shall be registered as Miscellaneous Proceedings and the parties thereto shall be styled as Petitioner and Respondent.

2.     All Courts of Magistrates shall maintain the Registers mentioned in Part I and the Courts of Session shall maintain the Registers mentioned in Parts I (excluding Registers I, II, III and III-A), II and III of Appendix II of these rules.

3.     The Chief Ministerial Officer shall be responsible for the prompt and accurate making of the entries in these Registers and their submission to the Judge or Magistrate whenever required by him.

4.     The Judge or Magistrate should inspect the registers at least once a month and initial in token of having inspected the Registers and note his instructions, if any.

5.     Every Magistrate or Judge shall cause a Court Diary (Register No. X) to be maintained in the form prescribed therefor in Appendix II. The said Diary shall show the time at which, on each day, the Court sat and the time at which it rose. It shall also show the daily progress of hearing of each case, the number of witnesses examined and the documents filed and the date or dates to which cases not disposed of that day are posted. Entries therein shall be initialled by the Magistrate or Judge on the same day if possible, or not later than the next working day. At the end of each day's entry, there shall be an abstract showing separately the total number of cases disposed of, total number of cases partly tried, total number of witnesses examined for prosecution and defence.

6.     All Sessions Judges and Magistrates, when they find it necessary to remark in their judgments upon the conduct of police or excise officers during the investigation of the case under inquiry or trial, should arrange to send copies of their judgments to the Inspector-General of Police or Excise Commissioner, as the case may be.

Any defect or shortcoming on the part of the Prosecuting Inspector in the conduct of any case before a Magistrate, if considered necessary, may be brought to the notice of the Inspector-General of Police by such Magistrate.

7.     The Presiding Officers of all Criminal Courts shall forward to [25][the Director, Forensic Science Laboratory] Bangalore, copies of their judgments or final orders in all cases in which comments (whether favourable or adverse) have been made by the Court in respect of the opinion of the Chemical Examiner or the Ballistic Expert or the Expert in Forensic Medicine, [26][or the Handwriting Expert].

8.     In all financial matters, such as receipts and payments, handling of cash, maintenance of accounts, security to be furnished by the officers of the Court and submission of financial returns, the officers of the Courts shall in addition to these rules, observe the requirements of the Karnataka Financial Code and the Account Rules for the subordinate Civil and Criminal Courts.

9.     When any Court has forfeited the bond of any person under Section 514 of the Code and called upon such person to pay any penalty, the amount which he is called upon to pay shall be entered in the Register of Penalties (Register No. V-A) on the date on which the penalty is imposed. The Court shall take action for the recovery thereof or so much thereof as is not remitted by it as provided in that section.

B. Property

10.   Seizure of property under Section 550 of the Code shall be reported at once to the Magistrate, who shall make such order as he thinks fit respecting the disposal of such property.

11.   Every article in the custody of the Court should at the time of its production be labelled so as to distinctly show the case to which the article pertains.

12.   When the property produced is live-stock or is such as cannot conveniently be kept in the Court-house, it shall be placed in the custody of the complainant or accused or some other person whom the Court, in the circumstances of the case deems fit, after taking security from him for its production when required. Where the person to whose custody the said property is made over is not the complainant, arrangements shall be made for payment to him of the expenses incurred by him for feeding and looking after the live-stock or taking care of the property.

13.   Orders for the safe custody of property pending the conclusion of the inquiry or trial should be made as soon as the articles are produced in the Court.

14.   (1) Whenever the Magistrate is of the opinion that an article produced before the Court is made of gold or silver or contains precious stones and that the value is not less than Rs. 200, he shall get the same tested and its value estimated by a goldsmith or a bank appraiser or any other expert available, who shall be paid a reasonable amount out of the contingent allotment of the Court not exceeding Rs. 5 as his fee for testing and evaluating the article and his statement in that behalf, shall be recorded on oath.

(2) The name and full address of the appraiser, the fee paid to him and the quality and value of the article stated by him shall be mentioned in the Property Register (Register No. VI) as against that article and his sworn statement shall be filed in the records of the case.

(3) (a) The property referred to in sub-rule (1) above shall be kept in a box, locked and sealed, which shall be deposited for safe custody in the treasury;

(b) The key of the box shall be in the custody of the Judge or the Magistrate;

(c) Whenever any property is to be delivered or fresh property is to be put into the box, it shall be got from the treasury and opened in the presence of the Judge or Magistrate, who shall cause it to be opened after examining the seal and shall also cause it to be locked and sealed in his presence, after the property in the box is removed out for delivery or new property is put in;

(d) A note book called the Valuation Property Book containing a list of the articles kept in the safe box shall be maintained and all additions or withdrawals from the box shall be entered in the book, which shall be kept in the safe box. The entries made in the Valuable Property Book shall be in addition to such entries made in the Property Register (Register No. VI);

(e) Whenever there is a change in the office of the Judge or Magistrate, the incoming officer shall receive the key of the safe box and shall get the articles in the box verified in the presence of the outgoing officer and make a note of the fact and result of verification in the book on the date of the assumption of the charge.

15.   Notwithstanding anything contained in the above rules, it shall be the duty of the Presiding Officer of a Court to take such action as he considers necessary for the safe and proper preservation of any property that comes to his charge.

16.   Whenever any property is found missing the matter shall at once be reported to the High Court through the Sessions Judge and necessary action taken to trace the property. If the property is not found after a reasonable search, a report shall also be made to the concerned police and, if there is reasonable ground to suspect that any offence has been committed in relation to the missing property, the Magistrate concerned may direct investigation of the case by a Police Officer.

17.   (a) The Chief Ministerial Officer of the Court shall take prompt action for obtaining necessary orders for the disposal of the property in disposed of cases and the Judge or Magistrate shall once in three months inspect the Register of Properties (Register No. VI) with a view to make necessary orders regarding the property in cases which are finally closed and to watch the progress of the disposal of the property.

(b) The Court shall prepare a list of all properties pending for disposal at the beginning of each year and take prompt action for their disposal. Care should be taken to see that properties of appreciable value are not destroyed;

(c) Whenever an article which has been admitted in evidence is returned, destroyed or otherwise disposed of, a note of the fact shall be made in the column for remarks;

(d) When counterfeit coins or counterfeit currency notes have to be disposed of by a Criminal Court under Sections 517, 523 or 524 of the Code, they shall be forwarded together with any dies, 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 or the Issue Department of the Reserve Bank, as the case may be, for disposal. A concise and accurate report should also be sent containing a description of the case and the sentence imposed;

(e) All arms and ammunition which are confiscated should be sent to the nearest arsenal for disposal:

Provided that in all appealable cases action for disposal under this Rule shall be deferred till the expiry of the time allowed for preferring an appeal and in the event of appeal, until it is disposed of.

C. Maintenance of Records in Courts

18.   Subject to any special or general directions as may be given by the High Court from time to time, the Presiding Officer of every Court shall make due provision for the custody and safety of the records of pending cases.

19.   The records of all cases disposed of during a calendar month shall be indexed and the papers classified and arranged in accordance with the rules prescribed in Section I of Chapter XIII of these rules by the Indexing Clerk and handed over to the Record Keeper of the Court before the end of the succeeding month.

20.   The Record Keeper of the Court shall check the records received from the Indexing Clerk with reference to the corresponding disposal register and enter the records in the Register of Records Received in the Court Record Room (Register No. XIV).

21.   The records shall be under lock and key and the keys shall be in the custody of the Record Keeper who shall be personally responsible for its safe custody.

22.   No record shall be removed from the Court Record Room for any purpose without a written requisition signed either by the Chief Ministerial Officer or any official authorised by him:

Provided that, when any record has to be sent to any other Court, it shall be sent only with the written permission of the Magistrate or the Sessions Judge in charge of the records.

23.   No clerk or other subordinate officer of any Court shall remove any record out of the Court-house.

D. Submission of Records to the High Court and Court of Session

24.   [27]Magistrates in sending up records for appeal shall ordinarily send also the material objects marked in the case, both weapons, instruments or materials used for the commission of offence and articles such as stolen property, in respect of which an offence has been committed:

Provided that.

(1)     articles of great bulk or weight such, as heavy stones used for the commission of murder or a number of smaller stones and sticks used in a riot;

25.   (1) When sending up the records of any sessions case to the High Court for the purpose of appeal, the Sessions Judge shall append a note in respect of the material objects which have been marked in the case, indicating as to which of them, in his opinion, will be necessary for being placed before the High Court, for the purpose of the appeal.

(2) The Sessions Judge shall, thereafter forward to the High Court such material objects as may be called for by the High Court.

26.   In revision cases, material objects need not be sent up unless called for, but shall be retained till the disposal of the revision case.

CHAPTER XI APPEALS AND REVISIONS

1.     The Appellate Court shall intimate the Trial Court whenever an appeal is dismissed either under Section 421 of the Code or otherwise.

2.    The Appellate Court shall not communicate the order of release by telegram. All release warrants shall be in the prescribed form signed by the Presiding Officer and shall bear the seal of the Court issuing them; they shall be issued promptly.

3.     (1) When an Appellate Court orders under Section 426(1) of the Code that the execution of an appellant's sentence be suspended, a note to that effect shall b<' written in red ink upon the appellant's petition of appeal and also in the Register of Appeals (Register No. XVII) against the entries relating to the appeal. The order of suspension communicated by the Appellate Court to the Trial Court shall be entered also in the Register of Criminal Cases (Register No. III) against the entries relating to the case.

(2) If the Trial Court had already issued a warrant, it shall on receipt of the order suspending the sentence withdraw the said warrant.

4.     (1) When a Court of Revision orders under Sections 435, 438 or 439 of the Code that the execution of any sentence be suspended, a note to that effect shall be made in red ink in the Trial Court's Register of Criminal Cases (Register No. III) and Register of Fines (Register No. V), if there is a sentence of fine, against the entries relating to the case.

(2) If the Trial Court had already issued a warrant, it shall on receipt of the order suspending the sentence withdraw the said warrant.

5.     When a sentence is altered in appeal or revision, the Trial Court on receipt of the order thereof, shall issue a revised warrant in accordance with such order in lieu of the original warrant.

6.     When the execution of a sentence has been suspended pending appeal or revision and the sentence awarded by the Trial Court is finally confirmed in appeal or revision, the Trial Court shall, on receipt of the order in appeal or revision, reissue its original warrant. If the appellant or the revision petitioner had been released on bail and has still to undergo any period of imprisonment, it shall be the duty of the Trial Court to secure his appearance before it and to commit him to jail.

CHAPTER XII SUBMISSION OF CALENDARS AND COPIES OF JUDGMENTS

Original Cases

1.    (1) Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges will submit to the High Court a copy of every judgment or final order (disposing of a case) made by them, within a week from the date on which it is made with a tabular statement giving particulars of the case in Form 8 appended.

(2) Additional Sessions Judges and Assistant Sessions Judges will submit the copies of their judgments and orders through the Sessions Judge.

Appeals

2.     Sessions Judges shall submit to the High Court a copy of every judgment on appeal within a week from the date on which it is pronounced, with a tabular statement giving particulars of the case in Form 9 appended.

CHAPTER XIII RECORDS

 

Section I Arrangement of Records

A. Records of Courts of Session

1.     These rules have been framed not only for the purpose of securing a proper arrangement of the papers in files for deposit in the record room and for their separation for the purposes of destruction, but also to lay down a systematic method of arrangement of the papers in the files for the convenience of Courts of Appeal and Revision.

2.     Every record of a Court of Session shall consist of two files to be styled and marked respectively, File A and File B.

3.    (a) File A shall contain the following papers which shall be arranged in the following order.

(1)     Title page.

(2)     Table of contents.

(3)     Order sheet.

(4)     The charge and the plea of the accused.

(5)     Papers showing how the proceedings were initiated, e.g., the petition or complaint, the first information to the police, or the order of Magistrate under Section 190(1)(c) of the Code on which the proceedings were taken, the final report of the police under Section 173 of the Code together with any sanction granted under Section 195, Section 196, or Section 197 of the Code, or under the provisions of any special or local law, and the order of commitment.

(6)     Applications for detention in police custody under Section 167 of the Code and the order thereon.

(7)     Lists referred to in sub-section (2) and (4) of Section 103 of the Code.

(8)     Any document connected with the offence charged or in respect of which the charge is made, e.g., statements made by the accused which form the subject of a charge, of giving false evidence, document said to be forged, etc.

(9)     Any map or plan showing the scene of the offence.

(10)   List of exhibited articles in the case.

(11)   Documents admitted in evidence on behalf of the prosecution.

(12)   Deposition of a medical witness admitted under Section 509 of the Code.

(13)   Report of the Chemical Examiner or Assistant Chemical Examiner to Government admitted under Section 510 of the Code.

(14)   The record of examination of the accused referred to in Section 287 of the Code.

(15)   The depositions of the witnesses for the prosecution examined at the trial in the order of their examination.

(16)   The record of the examination of the accused before the Court of Session.

(17)   The documents, if any, produced by the accused and documents admitted in evidence on behalf of the accused.

(18)   The depositions of the witnesses examined for the defence in the order of their examination.

(19)   The depositions of the witnesses examined under Section 540 of the Code, if any.

(20)   If the trial involves a charge of previous convictions, the evidence for the prosecution to prove such convictions and the evidence (if any) for the defence.

(21)   The final judgment.

The following papers shall be subsequently added to complete the record.

(22)   Copy of the judgment or order of the Appellate or Revisional Court.

(23)   Warrant returned after execution of sentence and all proceedings relating to the realisation of fines.

(24)   Copy of any order by the Governor remitting the sentence in whole or in part.

(25)   All orders relating to disposal of property.

(b) File B shall contain:

(1)     Title page.

(2)     Table of contents.

(3)     All papers not included in File A.

B. Records of Courts of Magistrates

(i) Warrant case.

4.     The record of every warrant case tried by a Magistrate shall consist of two files to be styled and marked respectively, File A and File B.

5.    (a) File A shall contain the following papers which shall be arranged in the following order.

(1)     Title page.

(2)     Table of contents.

(3)     Order Sheet.

(4)     Papers showing how the proceedings were initiated, e.g., the petition or complaint, the first information to the police or the order of the Magistrate under Section 190(1)(c) of the Code on which the proceedings were taken, the final report of the police under Section 173 of the Code, together with any sanction granted under Section 195, Section 196 or Section 197 of the Code or under the provisions of any special or local law, and the order of commitment.

(5)     Applications for detention in police custody under Section 167 of the Code and the orders thereon.

(6)     Lists referred to in sub-sections (2) and (4) of Section 103 of the Code.

(7)     Any document connected with the offence charged or in respect of which the charge is made, e.g., statements made by the accused which form the subject of a charge of giving false evidence, etc.

(8)     Any map or plan showing the scene of the offence.

(9)     List of exhibited articles.

(10)   Documents admitted in evidence on behalf of prosecution.

(11)   The depositions of the witnesses for the prosecution examined at the trial in the order of their examination.

(12)   The examination of the accused under Section 342 of the Code and any written statement put in by the accused du(sic) the trial.

(13)   The charge and the plea of the accused.

(14)   Documents admitted in evidence on behalf of the accused.

(15)   The depositions of the witnesses examined for the defence in the order of their examination.

(16)   The depositions of the witnesses examined under Section 540 of the Code, if any.

(17)   The judgment.

The following papers shall be subsequently added to complete the record.

(18)   Copy of the judgment or order of the Appellate or Revisional Court.

(19)   Warrant returned after execution of sentence and all proceedings relating to the realisation of fines.

(20)   copy of any order by the Governor remitting the sentence in whole or in part.

(21)   All orders relating to disposal of property.

(b) File B shall contain:

(1)     Title page.

(2)     Table of contents and

(3)     All papers not included in File A.

(ii) Summons Case.

6.    The record of every summons case tried by a Magistrate shall consist of two files to be styled and marked respectively, File A and File B.

7.    (a) File A shall contain the following papers which shall be arranged in the following order.

(1)   to (4) as in warrant case.

(5)   Statement made by the accused under Section 243 of the Code.

(6)   List of exhibited articles.

(7)   The depositions of the witnesses for the complainant examined at the trial in the order of their examination.

(8)   The examination of the accused under Section 244 of the Code.'

(9)   The depositions of the witnesses examined for the defence in the order of their examination.

(10) The depositions of the witnesses examined under Section 540 of the Code, if any.

(11) The judgment.

(12) Copy of the judgment or order of the Appellate or Revisional Court.

(13) Warrant returned after execution of sentence by the jail authorities and all proceedings relating to the realisation of fines.

(14) All orders relating to disposal of property.

(b) File B shall contain:

(1)     Title page;

(2)     Table of contents and

(3)     All papers not included in File A.

(iii) Inquiry

8.     The record of every inquiry made by a Magistrate shall consist of two files to be styled and marked respectively File A and File B.

9.    (a) The following papers shall be included in File A in the following order.

(1)   to (12) and (16) as in the warrant case.

(14) Order of the Magistrate.

(i)       charge framed or

(ii)      Order discharging the accused.

(15) List of witnesses put in by the accused under Section 211 of the Code.

(16) The order of the Magistrate committing the accused for trial.

(17) Any further proceedings the Magistrate may take in the case.

Note. It is not necessary to replace by certified copies such papers as are transferred from the record of the Magistrate to the record of the Court of Session. All that is required is that a note be made in the committal record showing what papers have been transferred to the Sessions record and giving the number and year of the Sessions trial.

(b) File B shall contain:

(1)     Title page.

(2)     Table of contents and

(3)     All papers not included in File A.

(iv) Summary trials

10.   In cases tried summarily File A should contain only the form of summary trial kept under Section 263 or 264 of the Code and whatever else the Court may record under the provisions of these sections; all other papers connected with the trial shall be placed in File B.

Note. In the case of such records no title page, nor table of contents nor order sheet need be prepared.

(v) Miscellaneous Cases

11.   These rules shall apply mutatis mutandis to the filing of papers and consigning them to the record room in Miscellaneous Cases.

 

C. Records of Appellate and Revisional Courts

12.   (1) The records of the Appellate or Revisional Court shall be arranged in the same way as those of the Court of original jurisdiction except that there shall be a single file marked A.

(2) Copies of judgments of lower Courts filed with the memoranda of appeals under Section 419 of the Code may be returned to the appellants on their applications after the disposal of the appeals.

(3) Copies of judgments and orders of Lower Courts filed with revision and transfer petitions may also be returned to the petitioners on their applications after the disposal of those petitions.

D. General Rules

13.   Documents produced or received from another Court or a Public Office shall be returned immediately after the disposal of the case when no longer required, and shall in no case be destroyed or sent to the Central Record Room:

Provided that any document produced or received from another Court or Public Office shall, when no longer necessary, be returned (either by registered post or by delivery under acknowledgment) and the fact of such return shall be noted in the order sheet of the case under the initials of the Presiding Officer which shall be dated.

14.   The title page of File A shall be of red colour and of File B shall be of yellow colour.

15.   The distribution of papers into the proper files must in all cases be made before the record is deposited in the record room, the object being to avoid the necessity of sorting papers in the record room.

16.   The title page shall be in Form 10.

17.   The table of contents shall be in Form 11.

 

Section II. A. Transmission of Records to the Central Record Room

18.   The records of Courts of all Sessions Judges and Assistant Sessions Judges shall be sent to and kept in the respective Central Record Rooms.

Explanation. For the purposes of this rule and the rules following, 'Central Record Room' means a place provided under the orders of the High Court from time to time, for lodging and preservation of the records of Criminal Courts in the different areas of the State, and shall also include until otherwise provided by the High Court, any place in which the records of the Courts of Session are being lodged at present for preservation.

19.   (1) The records of the Courts of Magistrates shall be retained in the Court for a period of six clear months after disposal.

(2) After expiry of the above period of six months, the records to be sent to the Central Record Room shall be packed into bundles "monthwar" (i.e., each bundle containing records of disposed of cases of a particular month) and shall be despatched to the Central Record Room before the 15th of the seventh month. The bundles despatched during each calendar year shall be serially numbered.

(3) Each such monthly bundle of records shall be accompanied by lists showing the disposal of (i) regular cases (ii) miscellaneous cases (iii) appeals and (iv) revision cases during the month. The particulars of all cases disposed of must be entered in the lists and, when for any reason a record is kept back, a note to that effect shall be made in the column of remarks. The lists shall be in Form 12.

(4) The list should be in triplicate; one copy shall be retained in the office and two copies shall be sent to the Record Keeper along with the records.

 

B. Maintenance of records in the Central Record Room

20.   On receipt of the records from the Courts of Magistrates with the duplicate lists, the Record Keeper of the Central Record Room shall cause the records to be checked with the lists accompanying the bundle of records and entered in the Register of Records received in the Central Record Room (Register No. XIX). The bundles of records shall be tied up in red cloth.

21.   (1) Within 30 days after the receipt of the records, the Record Keeper shall cause the records to be examined and ascertain that the records correspond with those entered in the lists, that the contents of each file correspond with the table of contents, that the papers bear Court-fee stamp shown in such table and that stamps have been duly cancelled; and shall send one of the duplicate lists to the Court concerned with the endorsement that the contents of the bundle were in order. If the contents of the bundle are found to be not in accordance with the lists, the same shall be communicated to the Court concerned and shall also be noted on the lists.

(2) He shall also cause the stamps to be again punched with the triangular punch provided for that purpose and shall enter the records in Register No. XIX.

22.   The Record Keeper of the Central Record Room shall bring to the notice of the Sessions Judge any irregularity that may have occurred in connection with the arrangement of despatch of the records or in regard to the cancellation of the stamps.

23.   No record shall be removed from the Central Record Room without the written requisition of the Chief Ministerial Officer of the Court of Session, if the records are required by that Court, or by the Magistrate concerned, if the records are required by the Court of any Magistrate:

Provided that, when any record has to be sent to a Court other than the Court of Session, it shall be sent only with the permission of the Sessions Judge, who is in charge of the record room.

 

Section III. Preservation and Destruction of Records

24.   The documents contained in File 'A' may be destroyed on the expiry of the periods respectively prescribed in Rule 31 below with reference to such documents:

Provided that, Sessions Judges may at their discretion preserve for a longer period or permanently any papers which they may consider likely to be useful in future.

25.   Every 'B' file shall be destroyed on the expiry of two years from the date of the final disposal of the case to which it pertains:

Provided that, where an appeal from the decision is preferred, the file shall not be destroyed until the expiry of two years from the date of the final judgment or order.

26.   Criminal Registers, statements and other papers will be kept for the periods shown in Rule 32 and then destroyed.

27.   The destruction of all papers shall be effected by tearing them into bits in the presence of the Record Keeper and of a responsible officer not below the rank of a Sheristedar or in the manner prescribed by the High Court from time to time. The torn bits shall be disposed of in accordance with the procedure prescribed for the disposal of waste paper.

28.   A note of every file destroyed under the above rule shall be made at the time of destruction in the Register in which the case is entered under the signature of the Record Keeper.

29.   On the judgment or order in any case becoming final, notice shall be given to the person by whom any document admitted and used in evidence was brought into Court or to his pleader, requiring him to take it into his own keeping within six months from the date of the notice, failing which the document will be destroyed when the record to which it relates is destroyed. The notice shall be in Form 13. A copy of the notice shall be put up on the Notice Board of the Court.

30.   When returning documents care must be taken that any document which the Court has impounded is not delivered out of the custody of the Court.

31.   The period for which File A of criminal records shall be preserved, such period being calculated from the date of the final judgment or order in the case, is as follows.

Provided that the following records and parts of records shall not be liable to destruction.

(a)      The record of any case in which the sentence has not been executed.

(b)      The record of any case in which any of the accused or parties proceeded against has not been apprehended.

(c)      The record of any case in which an order for maintenance has been made under Section 488 of the Code.

Note. The records referred to in this proviso may however be destroyed when, on account of the death of any of the persons concerned, no further action can be taken.

32.   The period for which other papers, registers and statements shall be preserved is as follows.

33.   Every record should be complete in itself and any paper connected with the case should be filed in the record.

34.   The record should not be folded or doubled up but should be stitched together in book form, the sheets being of foolscap size.

35.   Where a Government servant is an accused person and the Head of his Department wishes to obtain copies of depositions, exhibits or judgment in that case, he shall make an application to the Presiding Judge or Magistrate and send any officer or clerk for that purpose who shall be permitted to make a copy in the precincts of the Court-house and under the supervision of the Chief Ministerial Officer of the Court.

36.   Public Prosecutors may be permitted by the Sessions Judges to have copies of depositions, exhibits or judgments either by himself (Public Prosecutor) or by any other Police Officer. The copies should be prepared in the precincts of the Court-house under the supervision of the Chief Ministerial Officer of the Court.

Subject to the same conditions, a Police Prosecutor may also be afforded similar facilities by the Magistrate.

37.   If in the course of any investigation, it becomes necessary for the police to look into the records of any criminal case, any Police Officer not below the rank of a Sub-Inspector of Police, may be permitted by the Sessions Judge or Magistrate of the Court in which the records are lodged, to inspect the same in the presence of the Chief Ministerial Officer.

38.   When records of proceedings and other papers are transmitted by post, they should first be wrapped in packing paper and then in cloth of a coarse and cheap kind, the edges being properly stitched and sealed and tied around and across with a string which should be knotted in the centre and sealed.

39.   The address should be written on the cloth as well as on a label which should be pasted on the cover and sealed at the corners.

40.   During the monsoons, wax cloth should be used as an outer covering.

 

Section IV. Records Search of

41.   Every person requiring a search to be made of judicial records in the custody of a Criminal Court for the purpose either of inspection or of obtaining copies of such records must submit an application for the same in Form 14 to the Presiding Officer of such Court.

42.   A separate application shall be made for the search of one or more documents in the records of any single case.

43.   In respect of every document of which inspection or extract is applied for and which is more than one year old, a search fee according to the sub-joined scale must be paid in Court-fee stamps and affixed to the application.

44.   (1) On the presentation of the application, the Presiding Officer of the Court, or under his orders the Chief Ministerial Officer, shall cause a search to be made for the document required.

(2) If the Presiding Officer of the Court refuses to grant the application, the applicant may have the search fee refunded to him.

45.   If the search proves successful and the document is of such a nature as in the opinion of the Presiding Officer of the Court the applicant may be allowed to read or take a copy of, the applicant may be allowed to read the document or part of it, for the finding of which the fee has been paid, or it may be read to him; but he may afterwards be allowed to take a copy of the document or part of it in due course on the presentation of a separate application for the same.

46.   If the search should prove fruitless, the fee will not be refunded; but the applicant can, if he so wishes, receive a certificate stating that the document or entry sought has not been found in the record specified in the application.

47.   The above rules are not applicable to cases in which persons are entitled by any law to inspect judicial records or documents free of charge.

CHAPTER XIV COPIES

1.     Every application for a copy shall be made to the Court having the custody of the record containing the document and shall be presented by the applicant in person or by his pleader or by his pleader's registered gumasta, to the Chief Ministerial Officer or such other officer as the Court may appoint for this purpose, between the hours of 11 a.m. and 4 p.m. Every application shall set forth (a) the name of the applicant and his rank, if any, in the case or proceeding, and (b) the description of the document of which a copy is required.

2.     Parties to a case are entitled at any stage of the proceeding to obtain copies of the record of a case, including exhibits which have been admitted in evidence.

3.     As soon as an application is received, it shall be entered in the Register of Applications for Copies (Register No. XII) and after the application is granted the applicant shall be informed as soon as practicable of the number of copying sheets required for the copy. He shall also be informed that the preparation of the copy will not be commenced until he has supplied in full the number of copying sheets stated to be required.

4.     Should the applicant fail to produce the required number of copying sheets within fifteen days from the date of call, the Judge/Magistrate may pass an order rejecting the application.

5.     Ordinary charges.

[28]The charges for [29]preparation of certified copy shall be calculated at the rate of 35 paise for a folio. A folio means a group of 175 words. If, however, the entire text to be copied is less than 175 words, the said text shall be treated as one folio. If the total number of words to be copied divided by 175 leaves a remainder of less than 175 words, the said remainder shall also be treated as one folio.]

6.     Every group of not more than five letters not forming a complete word and every group of not more than five figures and letters combined occurring in one place in a copy will be regarded as equivalent to one word. Initials prefixed to the names of persons will not be counted as a separate word or words.

ILLUSTRATIONS

(i)       "Section 205, Criminal Procedure Code" forms one group of five letters and one group of four letters and figures combined; it counts as two words.

(ii)      "ILR 30 BOM 260" forms two groups each of five letters and figures combined and therefore counts as two words.

(iii)     "I MHCR-156" forms two groups, one of five letters and figures combined and one of three figures; it will count as two words.

(iv)    The name "M.O. Parthasarathi Iyengar" will count as two words.

6-A. Charges for emergent copies.

[30]Where copies are required emergently, an additional charge calculated at the rate of 5 paise for a folio shall be paid subject to a minimum of one rupee and a maximum of 5 rupees.]

7.     In the case of maps and plans, no general rule can be laid down. A reasonable fee (Proportionate to the skill, labour and time occupied in preparing the copy) shall, in each case, be fixed by the Court and deposited in cash by the party applying. The whole of such fee shall be paid to the person employed in preparing the copy, he supplying his own materials.

7-A. Payment of charges and mode of utilisation.

(1)     [31]Unless otherwise provided by these rules or any other law for the time being in force.

(a)      all copies other than those which are granted free of cost shall be made on impressed copying sheets of the value of 35 paise prepared under the orders of the State Government. Where, however, such copying sheets are not available or where the Presiding Officer of the Court so permits, charges may be paid in the shape of Court-fee labels.

(b)      additional charges for emergent copies and postage whenever payable shall be paid in Court-fee labels.

(2)     Where ordinary charges are paid in Court-fee labels, copies shall be prepared on substantial foolscap paper and the payment of charges and the mode of payment shall be certified at the top of the first sheet by the Copyist-Examiner or the Chief Ministerial Officer, as the case may be, over his signature. The Court-fee labels representing the copying charges shall be affixed to the certified copy and cancelled in the manner provided by law before the copy is delivered or posted for delivery to the applicant.

(3)     Where copying sheets are used for preparation of copies 175 words shall be typewritten or written on a single sheet. Where, however, the said full number of words cannot be written on one side of the sheet, the number of words necessary to make up the total of 175 words may be written on the reverse.

(4)     A margin of 3 1/2 centimeters should always be provided on the left-hand side of the front page of the sheet and on the right-hand side of the reverse.

(5)     Payment of additional charges for emergent copy in Court-fee labels and the mode of payment should also be certified in the same manner as provided in sub-rule (2) above]

8.     At the close of each day, all records and all undelivered copies and unused copying sheets shall be taken back from the Copyists and secured for the night by the Copyist Examiner or the Chief Ministerial Officer of the Court. Unused stamp papers relating to finished copies as well as all finished copies shall be retained by such Officer till they are required for delivery to the parties.

9.     [32]When a copy is ready, it shall, before delivery be certified and sealed in the manner prescribed by Section 76 of the Indian Evidence Act, 1879.

Cases of using ball point pen in preparing certified copies, in putting up notes and drafts in administrative files and in signing bills and other documents with money value are noticed. It is also noticed that Advocates and Pleaders sometimes use the ball point pen

The certificate that it is a true copy shall be signed by the Copyist Examiner or the Chief Ministerial Officer, who shall initial every alteration or correction. The total number of alterations and corrections which have been so initialed by the Copyist Examiner or the Chief Ministerial Officer, shall be noted at the end of each sheet. The practice of making erasures by scratching out or otherwise effacing words is strictly prohibited. Corrections should be made by drawing a pen through the word to be cancelled and by writing the substituted word above the word so cancelled.

10.   Such copies shall not be filed in any Court unless and until the requisite Court-fee stamps have been affixed thereto. Court-fee labels shall be affixed to the first page of the copy and shall be cancelled by punching out with a square punch, a portion of each label in such a manner as to remove neither the figure head nor that part of the label upon which the value is expressed.

11.   Unused copying sheets, if any, should not be retained in the office but should be attached to the copy for the preparation of which they were furnished and should be returned to the applicant together with the copy.

12.   (1) Every copy shall bear an endorsement showing the following particulars.

(1)     Copy applied for on the...........

(2)     Copying sheets called for on the.......

(3)     Copying sheets supplied on the........

(4)     Applicant told to appear on the.......

(5)     Copy ready on the..............

(6)     Copy delivered on the.............

(7)     Copied by.........

(8)     Examined by........

(2) The dates referred to in this rule shall be expressed in figures and not in words, and all corrections, shall be properly attested.

13.   In case any applicant desires to have his copy sent to him by post, the copy can be forwarded by registered packet or by ordinary post, if the required charges are paid in advance. In every such case "copy posted" shall be substituted for "copy delivered" on the endorsement referred to in the above rule and, in Columns 21 and 22 of the Register of Applications for Copies (Register No. XII) the date of despatch will be entered and the signature of the dispatching clerk taken.

14.   The Court shall examine the entries made in the Register of Applications for Copies (Register No. XII) on some fixed day in each week, and-

for the papers to be filed in Courts. Recently the Reserve Bank has also issued a Press Communique explaining that ball point pen should not be used for writing on negotiable instruments and other valuable documents as the writing would become smudged after sometime.

It is therefore directed that the writing on all official papers should be in ink and ball point pens should not be made use of.

shall satisfy itself that applications for copies are complied without any undue delay and that the copying work is so distributed as to ensure, as far as possible, equal work to all the Copyists.

15.   When the copies or unused copying sheets are not claimed within twelve months is from the date on which copies were ready for delivery, such copies and unused copying sheets shall be destroyed in the presence of the Presiding Officer, a note to that effect being made in the Register of Applications for Copies (Register No. XII).

16.   Proper arrangements should be made to ensure accuracy and neatness of copies.

CHAPTER XV PAYMENT OF BATTA

The Courts are authorised to grant batta to released persons who are not possessed of means to enable them to return to their places of residence, at the rates prescribed for the second class witnesses in the Mysore Payment by Government of Expenses of Complainants and Witnesses (attending Criminal Courts) Rules, 1967, when such persons.

(1)     have been acquitted or discharged or released from custody;

(2)     have been arrested under Section 427 of the Code and subsequently released; and

(3)     are released under any other provision of law:

Provided that such persons, if they are above 18 years of age and reside at a distance of more than ten miles and if they are under 18 years of age and reside at a distance of more than 2 miles from where the Court that orders their release is situated.

Note. The Mysore Payment by Government of Expenses of Complainants and Witnesses (attending Criminal Courts) Rules, 1967, made by the State Government in exercise of the powers vested in it under Section 544 of the Code ate reproduced after Appendix II to these rules.

CHAPTER XVI MISCELLANEOUS

Affidavits

1.     Every affidavit for use in Criminal Courts shall set forth the cause title of the proceeding or matter in which it is sought to be used and, in case of affidavits used in Interlocutory Applications, also the cause title of the Interlocutory Application.

2.     Every person making an affidavit shall be described in tire affidavit in such manner as will be sufficient to identify him clearly.

3.     An affidavit shall be confined to statement of facts and avoid arguments.

4.     When an affidavit contains statement of facts not within the deponent's personal knowledge but based on the information received by the deponent, he shall state so and that he believes them to be true and also give the source of such information wherever possible and the grounds of his belief, if any.

5.     Affidavits intended for use in Criminal Courts may be made before and attested by any of the following persons, hereinafter called attesting officers, who are hereby empowered to administer oath or solemn affirmation.

(i)       Any Judicial Officer (including Executive or Honorary Magistrate) or the Presiding Officer of a Revenue Court;

(ii)      Any Registrar or Sub-Registrar, under the Indian Registration Act, 1908 (Central Act 16 of 1908);

(iii)     The Registrar, Deputy Registrar, or Assistant Registrar of any High Court;

(iv)    Notary appointed under the Notaries Act, 1952 (Central Act 53 of 1952); and

(v)      Head or Chief Ministerial Officers of Courts (such as Head Clerks, Sheristedars).

6.     The deponent of the affidavit shall sign or make his mark at the foot of every page of the affidavit and also at the end of it. The attesting officer shall authenticate every correction, alteration or interlineation by placing his initials near it and also enter at the foot of every page the number of such authenticated corrections, etc., or enter the word 'nil' if there is none, and initial such entry and sign his name and enter his designation at the end of the affidavit and affix thereto his official seal or that of his Court.

7.     If the person making the affidavit is not personally known to the attesting officer, he shall be identified by a person known to the attesting officer and the fact of such identification together with the name and description of the person making the identification shall be noted at the end of the affidavit. The person making the identification shall make an endorsement of the affidavit and append his signature thereto. If a person making the affidavit not known to the attesting officer is riot so identified, the left thumb impression of the person making the affidavit shall also be affixed at the end of the affidavit and be certified to be such impression by the attesting Officer.

8.     If the deponent appears to be illiterate or blind or is unacquainted with the language in which the affidavit is made or written, the affidavit shall be read out and explained to the deponent in a language known to him in the presence of the attesting officer who shall certify that it was so explained in his presence and that the deponent appeared to understand the same and signed his name or made his mark in the presence of the attesting officer[33].

9.     If any document is referred to in the affidavit and produced with it, the attesting officer shall make an endorsement thereon as follows:

"This is the document referred to as Exhibit....................... ....in the affidavit of............................

Sworn/Solemnly affirmed before me this the................... day of.................19...."

and sign such endorsement.