PRELIMINARY
Rule - 1.
The
Court hours shall ordinarily be from 10-30 A.M. to 4-30 P.M. standard time.
Rule - 2.
Every
Sessions Judge and Magistrate shall sit daily and punctually at the hour
appointed for the opening of his court unless prevented by circumstances which
are to be recorded in the Court's Diary [Form no. (R)6].
Note
1.-Between the 1st April and 30th June, the exact dates being settled in
consultation with the heads of the offices in the station, the Courts may
commence their sittings at 6 A.M. or as soon thereafter as convenient. When
this arrangement is in force, the Sessions Judges and Magistrates are expected
to sit for at least 5 hours each day. However, if the local weather conditions
so necessitate or for any other sufficient reason or cause the subordinate
courts may sit in the morning at any time of the year with the prior approval
of the High Court.
Note
2. -Magistrates, who expect to spend all or the greater part of the day in
criminal work should ordinarily rise for half an hour or less at about 1-30
P.M. (or at about 8-30 A.M. in the case of morning sittings).
Rule - 3.
A
diary in the prescribed form shall be kept by every Criminal Court. Each case
fixed for any day snail be entered in advance immediately upon a date or
adjourned date being fixed. [G. L. 4/55]
Note.-This
diary should also be utilized for the purpose of showing what work, if any,
other than judicial work has been performed during the day by the officers
maintaining it (vide also Rule 106, Chapter VI of the Board's Miscellaneous
Rules, 1958)1
Rule - 4.
At
the close of each working day a list of cases fixed for the next working day,
signed by the presiding Magistrate, shall be posted in some conspicuous place
in every court house for the information of the parties and their pleaders. The
cases will, as far as possible, be arranged in the order in which they are
likely to be taken up. The number of cases to be fixed for each day should be
such as, after making allowance for unavoidable postponements, the court may
reasonably expect to be in a position to deal with. Orders and judgments ready
for delivery, if any, should be shown in the list. The cases will be described
by their number, year and the first name of each side, e.g.. A vs. B. On the
following working day will be shown in this list the dates to which the cases
including new cases have been adjourned. [G. L. 1/64]
Lists
shall be prepared in the language of the Court and shall remain posted for seven
working days after which they shall be filed in office for future reference, if
necessary. At the end of every quarter, the lists for the preceding quarter
will be destroyed.
Rule - 5.
Magistrates
and other officers entrusted with the disposal of criminal business should
refrain from and strictly interdict on the part of those subject to their
authority the objectionable practice of transacting public business at their
private residences, instead of at the public kachahries. A Magistrate can never
be as accessible in his own house as at his court, and unless there are fixed
hours for the regular disposal of business thereat, petitioners and others will
be either deterred from attending or constantly subject to much inconvenience
and expense.
Rule - 6.
Without
the consent of parties and in the absence or urgent necessity no criminal
enquiry or trial shall ordinarily be held on a Sunday or gazetted holiday.
Rule - [7.
(a)
The Courts of Executive Magistrates should not be closed
except on days which are gazetted as holidays by the State Govt, for such
Courts.
(b)
The Courts of Sessions and of Judicial Magistrates should
not be closed except on days which are declared by the High Court as holidays
for the Civil Courts.
Note-
During the Civil Court annual vacation, the occasional holidays to be observed
by the Courts of Sessions and Judicial Magistrates shall be those which are
holidays gazetted by the State Government for the Executive Magistrates and
other Govt. Offices. The High Court may, however, in its discretion, permit
presiding officers of Courts of Sessions and Judicial Magistrates to avail
themselves of the Civil Court annual vacation, either in whole or in part.]
Rule - 8.
Judicial
Officers shall in all cases take care to sign their names distinctly and
legibly.
Rule - 9.
In
the case of documents which are required by law to be signed, (the impression
of a stamp bearing the officer's name is insufficient and illegal.
Rule - [10.
The
District Magistrates and the Chief Judicial Magistrates are required to
maintain a watchful and intelligent control over the works of the Magistrates
subordinate to them and to inform themselves thoroughly, from time to time, of
the mode in which business is transacted by them. In particular they are
expected to secure circumspection in the issue of warrants and summonses and to
see that business is transacted with due dispatch.]
Rule - 11.
The
Government of Bihar
have declared the following as Court language in the State of Bihar
in supersession of all previous notifications and orders on the subject:-
Hindi' [x
x x] in Devanagri [script]
[x
x x]
PART I
General Rules regarding Practice and Procedure
CHAPTER
I GENERAL
Rule - 12.
All
petitions should be in the language of the Court, as far as practicable, or in
English, and type-written, if possible. No petition or pairvi shall be filed in
the Court unless copies thereof have been previously served on the pleaders for
each set of parties whose interests are not joint. Pleaders served with such
copies shall give receipts on the original petitions or pairvis.
Rule - 13.
In
every sentence or order made by a Criminal Court, the jurisdiction of the Judge
or Magistrate making it should distinctly appear on the face thereof.
Note-When
the law empowers Magistrates of a particular grade to do a particular act or
make a certain order, it should always appear on the proceedings that the
Magistrate making the order or doing the act is a Magistrate who has
jurisdiction to do it (22 W.R. Cr. R. 30).
Rule - 14.
In
every process and every sentence or order (of whatever description) issued by a
Judicial Officer for whatever purpose it may be issued or made, the name of the
district and of the court from which the same is issued and also the name and
power of the officer issuing or making it, shall be clearly set out in such
manner that it may be easily read. [G.L. 4/52]
Rule - 15.
Every
summons issued under [x
x x] the Code of Criminal Procedure shall be [in
duplicate] signed and sealed by the Presiding Officer of the Court or in his
absence by any other [x
x x] Magistrate exercising jurisdiction within the local area of the Court.
Rule - 16.
(1)
The Regular Seal of the Court shall be placed in custody
of a responsible officer of the Court authorize d by the Presiding Officer for
the purpose and documents required to be sealed with it should be scaled under
his superintendence. Similar precaution shall be taken with respect to the Date
Seal.
(2)
Each Court shall affix a date seal to all documents and
papers on their presentation to court in such a way as to show clearly the date
on which they were presented. If any Court-fee label appears on them, it shall
be affixed a second time in such a way as to deface the court-fee label.
Rule - 17.
All
processes issued by the High Court in Criminal cases should be served as
quickly as possible and the service reports sent by the date fixed. If service
in sufficient time before the date fixed is impracticable, the process is to be
returned to the issuing court with reasons and thereupon a fresh date may be
fixed. [G.L.7/ 60]
Rule - 18.
In
every [such]
case the serving court shall satisfy itself that a valid service has been made
or that there has been a failure of service and shall certify such opinion to
the High Court with the reasons in case of failure. The certificate may be
endorsed on the process and it shall be accompanied by the return of service or
of failure to serve the notice and the affidavit or solemn declaration of the
serving officer.
CHAPTER
II PROCESS
Rule - 19.
Every
person on whom a process is to be served or executed shall be described therein
in such manner as will serve to identify him clearly, i.e., by the statement of
his correct name and address and such further description as will serve to
identify him. [G.L 1/25, G.L. 2/54]
Note-
In the case of service or execution of process to be effected in large towns,
the name of the street or section of the town and the number of the house (if
known) should be given.
Rule - 20.
Processes
shall ordinarily issue in the language of the Court, but when processes are
sent for service to a place where the language is different from that of the
Court issuing them, they should be accompanied by a translation into
the language of such place or into English, certified by the transmitting
Court to be correct. Where the return of service or report of non-service is in
a language different from that of the issuing Court it shall be accompanied by
an English translation similarly certified.
Rule - [21.
Process
to foreigners should be issued along with an English translation thereof.]
Rule - 22.
In
a proceeding instituted upon a complaint made in writing, every process issued
shall be accompanied by a copy of such complaint.
Rule - 23.
Whenever
a summons to appear as a witness in a criminal case is issued against an
officer of police, it shall be served upon such officer through the
Superintendent or the Assistant in charge of the subdivision to which officer
may belong.
Rule - 24.
Whenever
it may be necessary to summon an officer or soldier in Military employ to
attend a Criminal Court as a witness, the process-server who is to serve the
summons, shall be instructed to take it under cover to the Officer in Command
of the Regiment or Detachment with which the witness may be serving and to
apply for his assistance in serving it. With this assistance the process-
server shall then proceed to serve the process and shall make his return direct
to the Court. In such cases sufficient time should always be given to admit or
arrangements being made [of]
the relief of the witness summoned.
Note-For
rules relative to the dress of military officers and soldiers appearing before
Civil or Criminal Courts, see Rule 247, Chapter III, Part VII post.
Rule - 25.
[x
x x]
Rule - [26.
As
regards production of post office records under section 92, Criminal Procedure
Code by Post Master, Rule 74, Chapter I, page 31 of Post Office Manual, vol. I,
1912 should be referred to.]
(G.L. 2/24 dated 6th, November, 1924.)
Rule - [27.
Whenever
any document or documents which are required to be produced in a case, are in
the custody of the [Lok
Sabha/Rajya Sabha/Vidhan Sabha/Vidhan Parishad]or
whenever a witness whose presence is required in a case, for being examined, is
an officer in the Secretariat of the [Lok
Sabha/ Rajya Sabha/ Vidhan Sabha/Vidhan Parishad] or any duly informed officer
of the Secretariat of the [Lok
Sabha/Rajya Sabha/Vidhan Sabha/Vidhan Parishad], a letter of request in Form
No. (M)13-A shall be issued instead of a summons in the ordinary form.
Rule - 28.
[x
x x]
CHAPTER
III CONFESSIONS AND STATEMENTS OF ACCUSED-SECTION 164, CR.P.C.
Rule - 29.
(i)
The examination of an accused person immediately on his
production by the police is to be deprecated. Whenever possible, he should be
allowed a few hours for reflection, free from the influence of the police,
before his statement is recorded. The investigating police should not be
allowed to be present when confession is recorded.
(ii)
Confessions should be recorded in open court and during
the court hours except when unusual circumstances require a different procedure
as, for instance, when an open record would be detrimental to the public
interests or when the recording of the confession in open court is rendered
impracticable by reason of the fact that the Court is closed for two or more
successive days on account of holidays.
(iii)
A Magistrate recording a confession should satisfy
himself in every reasonable way that the confession is made voluntarily. It is
not necessary actually to invite complaints of police ill-treatment, though of
these, if spontaneously made, cognizance should be promptly taken, but it
should be made clear to the prisoner that the making or withholding of a
statement is within his discretion, and any indication of use of improper
pressure should be at once investigated.
(iv)
The Magistrate should question a confessing prisoner with
a view to ascertaining the exact circumstances in which his confession was made
and the connection of the Police with it, in other words, the court should
record the confessions in as much detail as possible with a view to obtaining
material from which its genuineness can be judged and to testing whether it is
freely made or is the outcome of suggestion. To the certificate required by
section [64] of
the Criminal Procedure Code, the Magistrate should add a statement, in his own
hand, of the grounds on which he believes that the confession is genuine, of
the precautions which he took to remove accused from the influence of the
police aod of the time, if any, given to him for reflection. [Vide Form no.
(M)2.]
(v)
The Magistrate should formally warn the accused, though
not necessarily in set words, that anything said by him will be taken down and
may thereafter be used against him.
(vi)
A remand to police custody should not be allowed unless
good and satisfactory grounds are shown for it; a general statement that the
accused may be able to give further information should not be accepted.
(vii)
Whenever possible, where the object of the remand is the
verification of the prisoner's statement he should, be remanded to the charge
of a Magistrate.
(viii)
The period of the remand should always be as short as
possible.
(ix)
A prisoner who has been produced for the purpose of
making a confession and who has declined to do so, or has made a statement
which, from the point of view of the prosecution, is unsatisfactory, should in
no circumstances be remanded to police custody.
Note-Orders
of remand to police custody should ordinarily be passed by stipendiary
Magistrates exercising not less than second class powers and specially selected
Honorary Magistrates of the 1st Class.
(x)
If a prisoner produced for the purpose of making a
confession declines to make any, the Magistrate before whom he is brought shall
record on Form no. (M)2 the refusal of the prisoner in his own words, and shall
also record any statement which the prisoner may desire to make in lieu of a
confession.
CHAPTER
IV COMPLAINTS UNDER SECTIONS 200-203, CR P. C.
Rule - 30.
Complaints
should be received daily at fixed hours ordinarily at the commencement of the
day's sitting. They should be immediately numbered in the order of their
receipt and entered in [x
x x] the Register to be kept in Form no. (R)1. When a case is made over for
trial to another officer, an entry to this effect should be made in the column
for preliminary orders. [G. L. 3/57]
Note.-Cases
instituted under sections 182,193 and 211, Indian Penal Code, cases sent by the
Civil Courts for judicial enquiry, excise cases unless challaned by the police
and cases under sections 174,188 and 312, Indian Penal Code, are to be shown in
the Register of Complaints of offences.
Rule - 31.
The
examination of the complainant and the witnesses present, if any, is not to be
a mere form, but an intelligent enquiry into the subject-matter of the
complaint carried far enough to enable the Magistrate to exercise his judgment
as to whether there is or is not sufficient ground for proceeding.
Note-Statement
of complainant and the witnesses present, if any, should ordinarily be recorded
on the back of the petition.
Rule - 32.
Magistrates
are cautioned against the indiscriminate use of police agency for the purpose
of ascertaining matters as to which a Magistrate is bound to form his own
opinion upon evidence given in his presence. This caution is especially needful
in respect of all cases regarding offences not cognizable by the police.
CHAPTER
V PROCEEDINGS UNDER SECTIONS 145 AND 147 CR. P. C.
Rule - 33.
Final
orders in proceedings under sections 145 and 147 of the Code of Criminal
Procedure should be drawn up in [Forms
25 and 27, Schedule II] of the Code [High Court Forms nos. (M)51 and (M)53,
Vol. II], such modifications being made therein, in accordance with the
provisions of [Section
476] of the Code, as the circumstances of each case may require. [G.L. 5/60]
CHAPTER
VI [COMMITMENT
OF CASES TO THE COURT OF SESSIONS
Rule - [34.
A
Magistrate making a commitment to the Court of Sessions, shall notify the same
in Form No. (M)-7, Vol. II) without delay, to that Court stating at the same time
the number of days over which, in his opinion, the trial is likely to extend.
The names of all the witnesses with their full addresses to be examined in the
Court of Sessions, shall be appended to the said notice. A copy of the same
shall be sent to the public prosecutor simultaneously. The public prosecutor
shall, within a fortnight of the receipt of the copy, file in the court of
Session, a list of witnesses whom he wants to be summoned in the case. The
Sessions Judge shall then fix the date for trial and send intimation of the
date and also the summons to be serve on the witnesses, direct to the
Sub-Divisional Judicial Magistrate concerned. He will also send intimation of
the date fixed for trial to the District Magistrate and the public prosecutor. On
receipt of the summonses the Sub-Divisional Judicial Magistrate shall have
them served on the witnesses in accordance with the provisions of Section 62 of
the Criminal Procedure Code. The District Magistrate and the local police shall
be responsible to ensure the attendance of the witnesses on the dates fixed in
the case.]
Rule - [35.
As
soon as the dates of sessions trial are settled, a list showing the same shall
be fixed in a conspicuous place in the Court, The Sub-divisional Judicial
Magistrate concerned on receipt of the dates fixed for trial from the Sessions
Judge under rule 34 shall also get them notified at a conspicuous place in his
office.] [G.L. 1/49, G.L 12/57]
Note
1-As acknowledgement of the letter in form no. (M-7, Volume II), notifying the
commitment should invariably be required by the Magistrate making the
commitment from the Court of Session; and in the event of none being received
within a reasonable time, enquiry should be made to ascertain the cause.
Note
2-A Magistrate should furnish an explanation to the Court of Sessions in every
case of delay of more than 7 days in notifying the date of commitment to that
Court.[G.L. 13/51.]
Note
3-[x
x x].
Note
4- [x x x].
Rule - 36.
[x
x x],
Rule - 37.
[x
x x],
Rule - 38.
[x
x x],
CHAPTER
VII SESSIONS BUSINESS
Rule - 39.
Sessions
trials should be held in the order in which the commitments are notified to the
Court of Sessions. The Sessions Judge should, however, exercise his discretion
in the matter of giving priority to certain cases, particularly capital
sentence cases, Substitutedequently received judging the seriousness of the
offence and the convenience of the accused. It should always be the endeavor of
every Sessions Judge to see that a Sessions trial is brought to a close with
due expedition and without unnecessary adjournment.
Rule - 40.
When
it is duty of a Sessions Judge to hold sitting at more than one place and he
finds that he is unable to proceed to the other place on the date fixed for
trial there, he shall make such arrangement as may be best calculated to
relieve the prisoners under trial from unnecessarily prolonged detention in
custody and also to minimize the inconvenience of the witnesses. [G.L. 1/66]
Rule - [41.
In
all capital sentence cases where there has been an interval of one month or
more between the apprehension of the accused and the conclusion of the trial in
the Court of Session, a full explanation of such delay should be sent to the
High Court along with the proceedings submitted under the provisions of Section
366 of the Code of Criminal Procedure. It should be clearly understood,
however, that the period of 9 months here allowed before a capital sentence
case becomes explanatory, should in no circumstances be regarded as the
interval which may justificably intervene between the apprehension of the
accused and the conclusion of the trial in the court of Sessions.]
Rule - 42.
The
Judge shall maintain a Register of sessions cases in Form no. (R)23. [x
x x], [G.L. 3/23]
Rule - 43.
[x
x x],
Rule - 44.
Cases
shall be entered in the Register of sessions cases in Form no. (R)23 serially
in the order of receipt of commitments in the Sessions Court. The series of
numbers shall be separate for each year. A separate index number shall be given
to each accused.
Rule - 45.
Column
4 [of
Register (R)23] is meant to contain an abstract of the charge. Offences are to
be stated as concisely as possible with the section of the Indian Penal Code or
other law applicable. When a prisoner is charged with several offences, the
heads of charge on which he has been convicted must be indicated by red
underlining.
Rule - 46.
In
the column of remarks [of
Register (R)23], Sessions Judges should state the ground of postponement when
any trial is postponed, the period of any solitary confinement awarded to any
prisoner-the fact, if it be so, that the sentence passed on any prisoner is in
addition to any other sentence in a different case passed at the same Sessions,
or one which is to take effect on the expiration of another sentence which the
prisoner may be undergoing and the grounds on which any person punishable with
death has been sentenced to any punishment other than death (Section
366(Inserted by C.S. No. 32.), Criminal Procedure Code) the reasons which have
prompted a specially light, or specially severe sentence in any particular case
and generally any matter necessary to enable the High Court to exercise the
power of revision vested in it by [Chapter
XXX] of the Criminal Procedure Code.
Rule - 47.
Whenever
an enhanced sentence is passed upon an accused on conviction on a charge within
the terms of Section 75 of the Indian Penal Code the Sessions Judge should
enter in the column for remarks the date of each previous conviction, the
offence charged, and the sentence passed on each occasion.
Rule - [48.
When,
in any case committed to the Court of Sessions, there is an interval of more
than one month between the date of appearance of the accused or of his
production before the Magistrate and the commitment of the case, the committing
Magistrate shall, at the time of notifying the commitment, submit an
explanation as to the delay, to the Chief Judicial Magistrate who shall forward
the same to the Sessions Judge with his remarks therein with a note as to the
action, if any, taken by him in case of any unreasonable delay. The Sessions
Judge shall forward to the High Court, along with the Sessions statement, the
explanation with his comments thereon. [G.L 1/34, G.L 5/52, G.L 6/52, G.L 3/53,
G.L 1/56, G.L 11/57, G.L 4/58]
Note-Any
appearance or production of the accused before the submission of the final form
under Section 173 of the Code of Criminal Procedure shall not be taken into
account for the purpose of this rule.]
Rule - 49.
(a)
Sessions Judges, in all cases in which they may convict
of culpable homicide not amounting to murder, shall invariably mention in their
remarks on the trial, the circumstances under which the culpable homicide was
held out to amount to "murder".
(b)
Sessions Judges shall invariably record their opinion
whether the act by which death was caused was done with the intention of
causing death, or
of causing such bodily injury as was likely to cause death, or with the
knowledge that it was likely to cause death, but without any intention to cause
death, or to cause such bodily injury as was likely to cause death.
CHAPTER
VIII GENERAL PROVISIONS AS TO ENQUIRIES AND TRIALS
Rule - [50.
In
complaint cases, except those relating to offences mentioned in Section 195 of
the Code of Criminal Procedure, the complainant/accused or his lawyer and in
police cases and cases relating to offences mentioned in Section 195 ibid, the
public prosecutor or the assistant public prosecutor, concerned or the accused
or his lawyer, as the case may be shall be required to make over to the Bench
Clerk not later than 11 a.m. during day sitting and 7 a.m. during morning
sitting, a duly verified, dated and signed a list of witnesses who are in
attendance for examination. The omission of the name of witnesses shall be no
bar to such witnesses being examined if presented for examination, but no costs
shall be allowed to any witness on account of his expenses for the days
attendance if he is neither entered in the list nor actually examined.]
Note
1-This rule in no way affects the obligation on the part of witnesses to attend
punctually at the time for which they are summoned.
Note
2-Not only the names of witnesses entered in the lists mentioned in this rule
but also of those who, though not so entered, are actually examined, will find
entry in the register of the attendance of witnesses which is to be written up
by the Bench Clerk.
Rule - 51.
The
trial, [x x x]
when once commenced, should except for good and sufficient cause (to be noted
in the order-sheet) proceed throughout the day on which it has been opened, and
from day to day and throughout each day following until all the witnesses in
attendance have been examined. [G.L. 4/54]
Rule - 52.
All
Courts should take care that officers who are about to proceed [x
x x] out of India, are examined, before their departure, in any pending
criminal cases in which they are important witnesses.
Rule - 53.
Where
the evidence of the Government expert in hand-writing cannot be obtained
without undue delay and inconvenience other available evidence should be
taken. The prolonged postponement of criminal trials for the purpose only of
obtaining expert evidence of hand-writing should be discouraged. [G.L. 1/54,
G.L. 2/65]
CHAPTER
IX MODE OF RECORDING EVIDENCE-[CHAPTER
XXIII], CR. P.C.
Rule - 54.
Deposition
should be written on one side of the paper only, a margin of one-fourth of the
sheet being left blank. Only one deposition should be written on each sheet of
paper. [G.L. 9/22]
Note-On
account of scarcity of paper this rule should remain in abeyance till further
orders. Depositions of witnesses may whenever practicable, be recorded on both
sides of the paper.
Rule - 55.
Depositions
shall be taken down in writing in the language of the court, either by the Magistrate
or Sessions Judge, with his own hand or from his dictation in open court. The
depositions so recorded shall be signed by the Magistrate or the Sessions
Judge. [G.L. 3/51]
Rule - 56.
If
a type writing machine be used by the Presiding Officer himself for the purpose
of recording deposition and memoranda of evidence in criminal cases, a
certificate must be given that this has been done. Each page of the record so
made must be attested by the Presiding Officer's signature.
Rule - 57.
Every
Sessions Judge and Magistrate shall, in the examination of witnesses and
accused persons, record in his own hand-writing in each deposition, or
statement, the name of the person examined, the name of his or her father and,
if a married woman, the name of her husband, the [nationality,
religion], profession and age of the witness or accused person and the village,
thana and district in which the witness or accused person resides [and
in case the witness or accused person belongs to the Scheduled caste or
Scheduled tribe, a statement to that effect]. The entry of age shall be the
Presiding Officer's own estimate and in his own handwriting. [G.L. 5/53, G.L.
1/64]
Note-In
recording the profession a general word like "service" should not be
used. The precise nature of the service should be indicated.
Rule - 58.
(a)
In depositions in which there may be any doubt, as to the
exact meaning of any expression used and in which the doubtful expression has
an important bearing on the offence with which the accused is charged, the
words actually used should be [written]
in order that the Court may be in a position to determine their exact
signification.
(b)
Should any instance occur in which a foreign language is
used or in which the evidence may be delivered in a dialect to which a Judge
may be unaccustomed, an interpreter may be employed.
Rule - 59.
All
communications from witnesses regarding their attendance in the Court of
Sessions should be addressed to the Government Prosecutor, or to the members of
the legal profession appearing for the defense and laid by them before the
Sessions Judge for orders. The orders passed thereon should be communicated to
the witness through the same channel.
Rule - 60.
When
several accused persons bearing the same or similar names are included in one
trial, care should be taken in recording the evidence given by each witness, to
specify the name of the father of the accused whenever the name of any one of
them is mentioned.
Rule - 61.
When
any person whose evidence is essential to the prosecution of a criminal charge
against any accused persons, or to the proper investigation of an alleged crime
with which no person has been specifically charged, may be in imminent danger
of dying before the case comes to trial, the deposition of the dying person
should, if possible, be recorded in the presence of such accused person (if
any), or of attesting witnesses, and in the event of his death, submitted at
the trial with evidence of this fact.
CHAPTER
X JUDGMENT AND SENTENCE
Rule - 62.
Judgments
should be written legibly and on one side of the paper only a margin of
one-fourth of each sheet being left blank.
Rule - 63.
A
type writing machine may be used tor the purpose of recording judgments in
criminal cases. The typewriting machine must be used by the Presiding Officer
himself and a certificate must be given that this has been done. In the
alternative, type writing machine may be used to the dictation of the Presiding
Officer and a certificate to the effect that the judgment has been dictated and
corrected by him must be given. Each page of the record so made must be
attested by the Presiding Officer's signature. [G.L. 9/57, G.L. 7/65. G.L.
10/22, G. L. 1/39, G.L. 3/40, G. L. 4/43. G.L. 2/53, G.L. 2/55, G.L. 4/57, G.L.
6/60, G.L. 1/63, G.L. 3/65, G.L. 8/65. H. C. letter no. 5787-803 dated 11th
June, 1966]
Rule - 64.
Whenever
an enhanced sentence is passed on conviction on a charge within the terms of
Section 75 of the Indian Penal Code, the Sessions Judge or Magistrate shall
state in his judgment the date of each previous conviction and the sentence
passed, as well as the particular offence charged.
Rule - 65.
When
a Sessions Judge has occasion in any judgment, whether at sessions trial, or on
appeal or in revision, expressly to condemn or to praise the action of the
police or of any particular police officer, a copy of such judgment should be
forwarded to the Magistrate of the district for his information. [G.L. 3/ 66]
Rule - 66.
(a)
Sessions Judges and Magistrates should forward to the
Defense Department (Army Branch) of the Government of India copies of judgments
of all cases in which Commissioned Officers have been tried for criminal
offences. In the case of other ranks, it is not necessary to supply copies of
judgments, but the Defense Department should be supplied with copies of the
conviction and sentence only.
Whenever
a military pensioner is convicted and sentenced to imprisonment, a copy of the
judgment should be sent by the Criminal Court concerned to the Deputy
Controller of Military Pensions, Allahabad.
(b)
In the case of a reservist of the Army who may be
sentenced by a Criminal Court to imprisonment for any term exceeding three
months, a report should be made to the Officer Commanding of the appropriate
Reserve Centre. (Home Department letter no. F-1032-31 -Judicial, dated the 2nd
December 1931.)
A
list of Reserve Centres will be found in Appendix VII.
Rule - 67.
Sessions
Judges and Magistrates shall forward to the Registrar of the Council of Medical
Registration, Bihar, free of charge, a copy of the judgment in all cases where
a registered medical practitioner is convicted of any non-bailable offence. In
other cases, when a judgment contains any unfavorable remarks on the
professional conduct of a registered medical practitioner, whether accused in
the case or a witness, a copy of the judgment, or relevant extracts therefrom,
shall be sent if the Court pronouncing the judgment considers that the conduct
of the registered practitioner has been such that it is desirable to call the
attention of the Medical Council to it.
CHAPTER
XI EXECUTION (CHAPTER [XXXII]
CR. P.C.)
Rule - 68.
In
all cases where the accused is a soldier or person holding any rank in the
army, the warrant for detention or imprisonment shall set forth accurately the
rank of the prisoner, and the Regiment or Military Department to which he
belongs.
Rule - 69.
Every
Magistrate, when committing a prisoner to Jail, shall attach to the warrant of
commitment a note in Criminal Process Form no. (M)64, Volume II. When the
prisoner is sentenced by a Court superior to that of a Magistrate, the [Chief
Judicial Magistrate] must arrange that this note be made by a competent
officer, and be attached to the warrant.
Rule - 70.
(a)
When a Magistrate passes an order to give security
under [Section
122], Criminal Procedure Code, for a period exceeding one year and such
security is not given on or before the date on which the period for which such
security is to be given commences, he should commit the person against whom the
order is made to prison, until the orders of the superior Court are received
making the necessary modification in [Form no. 15 or 16 Schedule II], Criminal
Procedure Code. When he receives the order of the superior Courts, he should,
if the order is one to detain the person in Jail, issue a revised warrant in
the terms of that order. The warrant will not, in such a case, be issued by the
superior Court but by the Magistrate before whom the proceedings were
instituted.
(b)
Where a superior Court, on a reference being made to it
under [section
122 (2)], Criminal Procedure Code, directs release of the person detained, the
warrant for release shall, as in the case of an appeal, be issued by the
superior Court in [Form
no. 17 of Schedule II] Criminal Procedure Code. [Form no. (M)44, Volume II.]
Rule - 71.
When
the record of a case tried at the Sessions is submitted to the High Court, the
Sessions Judge shall call for (if necessary) and forward simultaneously all the
police diaries connected with the case. He should also forward such of the
material exhibits as in his opinion will be of importance at the hearing in the
High Court and if any such exhibit is bulky he should ask for the instructions
of the High Court. It is important to send any material exhibits directly
connecting the accused with the crime. In murder and homicide cases all
weapons, garments and other articles which are relied upon by the prosecution
to prove the identity of the murderer or his victim should invariably be
forwarded. Stolen property said to have been recovered and identified should
also be forwarded. Such of the material exhibits as are not sent up with the
record should not be returned or destroyed until the period for filing an
appeal has expired, or, if an appeal is filed, until the appeal has been
decided. [G.L. 1/35, G.L. 1/36, G. L. 2/43]
Rule - 72.
When
the record of a case of culpable homicide amounting to murder is submitted to
the High Court in connection with [section
366,378 and 397] of the Code of Criminal Procedure the Sessions Judge shall
also state whether the prisoner has funds or not to employ a pleader in the
High Court for his defense and in the case of an appeal under [section
378] or of a revision under [section
397] of the Code of Criminal Procedure when notice has been given to the
accused to show cause why the order passed should not be set aside, and
sentence of death passed, the [trial
court] shall in returning the notice, state thereon whether the accused has
funds or not to employ a pleader in the High Court.
Rule - 73.
The
date named by the Sessions Court in its warrant for the execution of a sentence
of death shall not be less than twenty-one nor more than twenty-eight days from
the date of the issue of such warrant.
Rule - 74.
When
a prisoner has been committed to jail under two separate warrants, the sentence
in the one to take effect from the expiry of the sentence in the other, the
date of such second sentence shall in the event of the first sentence being
remitted on appeal, be presumed to take effect from the date on which he was
committed to jail under the first or original sentence.
Rule - 75.
All
recommendations for remission or suspension of a sentence made under [section
432] of the Code of Criminal Procedure, by an officer of any subordinate court
to the State Government, in regard to a convict whose case has been before the
High Court on appeal, shall be made through the High Court.
Rule - 76.
In
the case of a convict against whom an order is passed under [Section
356] of the Criminal Procedure Code, a copy of the order passed under that
Section should be attached by the convicting Court to the warrant referred to
in [Section
418] of the Code.
Rule - 77.
If
in any case a claim is made to the property attached under [Section
421(1)(a)], Code of Criminal Procedure, the ownership of such property must be
determined by the Magistrate who issued the warrant, or his successor in office
or the Magistrate in charge of the accounts.
Rule - 78.
When
a Court of Sessions realizes a fine imposed by it on an accused person, it
shall prepare the usual warrant for the realization of the fine, and shall
forward it to the [Chief
Judicial Magistrate] concerned with an endorsement thereon to the effect that
the fine has been realized.
CHAPTER
XII APPEALS- [CHAPTER
XXIX, CR. P.C.
Rule - 79.
Petitions
of appeal against the sentence or orders of Sessions Judges, presented to
officers in charge of jails shall be forwarded by such officers direct to the
Registrar of the High Court, intimation of the fact being at once given, in
each instance, to the Judges whose sentence or order is appealed against by
sending him a copy of the letter [in Form no. (M) 18, Vol II] addressed to
the Registrar with a forwarding memo.
Note-Sessions
Judges need not send the records of such cases to the High Court until they are
requested to do so upon the admission of the appeal.-(G.L. no. 1 of 4th
January, 1901.)
Rule - [80.
In
the case of appeals preferred to the Court of Sessions by persons convicted by
a Magistrate, the letter intimating the date fixed for the hearing and calling
for the records of the case should be sent in Form (M)14, Vol. II by the
Sessions Judge to the trying Magistrate and in case of his absence to the
Magistrate incharge or his successor-in-office, for compliance, with a copy to
the District Magistrate and the Chief Judicial Magistrate.]
Rule - [81.
When
an appellate Court, or a Court of Revision direct the release of a prisoner on
bail pending the hearing of an appeal or an application for revision, such Court
shall send the warrant for his release on bail to the Court which passed the
order under appeal or revision. If the Presiding Officer of the Court concerned
is not there, then it shall be the duty of his successor-in-office or the
officer-in-charge of his Court, as the case may be, to comply with the order.
The bail orders may also lay down the amount of bail, number and nature of
sureties, etc. If any person is unable to furnish the bail required of him, the
court receiving the warrant for the release of the prisoner on bail shall
forthwith return the same to the Appellate Court or Court of Revision which
issued it, with an endorsement thereon to the effect that the prisoner is
unable to furnish the bail. [G.L. 4/40, G.L. 1/53, G.L. 6/54]
Note-In
this behalf attention is drawn to General letter no. 3 of 1967 (Criminal).]
Rule - 82.
When
an appeal has been disposed of, a copy of the judgment in appeal and of the
order passed shall be forwarded to the Original Court.
Rule - 83.
(a)
In every case in which a sentence is reversed the
Appellate Court shall fill in the prescribed form of warrant of release on
appeal, and shall send the same direct to the officer-in-charge of the jail in
which the appellant is confined. [G.L. 6/57]
(b)
In every case in which a sentence is modified on appeal
the Appellate Court shall prepare a fresh warrant in the form reproduced in
Vol. II as Form no. (M)75, in accordance with the terms of the order passed and
shall send the same direct to the officer-in-charge of the jail in which the
appellant is confined. When the fresh warrant is returned with the endorsement
of execution under [Section
430] Criminal Procedure Code, the Appellate Court shall forward it to the court
from the decision of which the appeal was preferred to be attached to the
original record.
(c)
The Appellate Court shall, at the same time when the
release warrant or fresh werrant is issued recall and cancel the original
warrant of commitment and this warrant as well as the release warrant when
returned with an endorsement of execution shall be attached to the record of
the original Court and returned to it therewith. [G.L 5/40]
(d)
In the event of the conviction and sentence being set
aside and a retrial ordered the Court directing the retrial shall communicate
its order to the Jail authorities with a view to the necessary action being
taken under rule 513 of the Jail Code. [G.L. 4/40]
Rule - 84.
Judicial
Officers are prohibited from sending by telegraph orders to officers-in-charge
of jails for the release of prisoners in their custody.
Rule - 85.
Irrespective
of the procedure prescribed in rule 83 above the Appellate Court shall, for the
information of the appellant, notify to the officer-in-charge of the jail in
which such appellant is confined the result of his appeal. The notification
shall be made in Form no. (M)17, Vol. II.
Rule - 86.
Judicial
Officers must understand that this notice is intended solely for the
communication of the result of the appeal to the appellant, and in no way
relieves them from the duty of issuing revised warrant when such are necessary.
Proviso
1.-Provided that, where an accused has been admitted to bail pending the
hearing of his appeal the original warrant of commitment shall after being
returned by the Jail authorities to the Court which issued it, be forwarded to
the Appellate Court.
(1)
In every case in which a sentence is reversed on appeal,
the Appellate Court shall return the original warrant, with a copy of its
order, to the Court by which the accused was admitted to bail with direction to
discharge him.
(2)
If the conviction and sentence are set aside and a
retrial of the accused is ordered by the Appellate Court, that Court shall
return the original warrant together with its order on the appeal [x
x x x] to the Court which tried the case, with directions to retry the prisoner
for the offence charged.
(3)
In every case in which a sentence is modified on appeal,
the appellate Court shall prepare a fresh warrant [in Form no.(M)75, Vol. II]
and shall forward the same with the original warrant and with a copy of its
order, to the Court by which the accused was admitted to bail, with directions
to take measures to secure his surrender and commitment to jail on the modified
warrant.
(4)
In every case in which a sentence is confirmed on appeal the
Appellate Court shall return the original warrant, with a copy of its order, to
the Court by which the accused was admitted to bail, with directions to take
measure to secure his surrender and re-commitment to jail on the original
warrant.
In
each of the last above mentioned cases, it shall be the duty of the Court to
which the accused surrenders to his bail to endorse on the warrant the dates of
his release on bail and of his Substitutedequent surrender.
The
copy of the order of the Appellate Court referred to in clauses (1) to (4) of
this proviso shall be in Form no. (M)17-A Vol. II, and shall be prepared and
dispatched immediately after the order has been passed, without waiting for the
judgment, a copy of which shall be sent to the Court concerned as soon as it is
prepared. A direction by the Appellate Court to take measures to secure the
surrender of an accused and his re-commitment to jail on an original or on a
modified warrant shall be carried out by the Court or Magistrate to whom it has
been issued without any delay.
Note-The
bail-bond, if any, must invariably accompany the copy of the order.
Proviso
2- Provided also that where an accused surrenders to his bail in the Appellate
Court, such Court, in every case in which the sentence is reversed on appeal,
shall discharge him; and in every case in which the sentence is modified or
confirmed on appeal, such Court shall forward the accused in charge of a Police
Officer, with the modified or the original warrant, to the District Magistrate,
with direction to commit him to custody as in cases (3) and (4) of Proviso 1.
Note-Wherever
a Sessions Division consists of more districts than one, the District
Magistrate in this proviso shall be held to be the Magistrate of the District
in which the Sessions Court is sitting for the hearing of appeals.
Rule - 87.
The
Court to which the judgment of the High Court may have been certified for the
purpose of giving effect thereto will be guided by the above rules (82 to 86).
Except when the High Court otherwise directs, the lower court shall issue the
warrant of release or modification of sentence. [G.L 5/40]
Note-When
an appeal is preferred to the High Court against the conviction and sentence
passed by the Sessions Judge and the prisoner is admitted to bail the original
warrant in case of reversal or modification of the sentence should be returned
by the Magistrate to the Sessions Judge to be filed with the Sessions record.
Rule - 88.
Where
the High Court simply modifies a sentence passed by a Sessions Judge without
change of section, and where the High, Court passes a new sentence by changing
the conviction section or the punishment section, or otherwise, the sentence
finally passed shall count, unless especially otherwise directed, from the
first day of imprisonment under the original sentence. [Reproduced in Rule 523
of the Jail Code]
CHAPTER
XIII REFERENCE AND REVISION - [CHAPTER
XXX] CR. P.C.
Rule - 89.
The
Magistrate of a district must be deemed in respect of his judicial functions
and in this respect only to be subordinate to the Sessions Judge.
Rule - [90.
Sessions
Judges are to be guided by, but not to go beyond the following instruction in
communications with the Executive Magistrates.
District
Magistrates are to comply with all requisitions made by Sessions Judges with
regard to any case appealable to or revisable by them. The District Magistrates
are also to render any explanation which the Sessions Judges may require from
them and to obtain and submit any explanation which Sessions Judges may require
from the Executive Magistrates.]
Rule - [91.
When
the record of a proceeding in the Court of Executive Magistrates is called for
by the Sessions Judge under Section 397, Criminal Procedure Code, it shall
always be done through the District Magistrate. If the case relates to the
Court of Judicial Magistrate, the record shall be called for from that Court.]
Rule - [92.
Every
application under Section 397 of the Code of Criminal Procedure, 1973 (Act 2 of
1974) shall be accompanied with an affidavit stating whether an
application on the same facts and against same judgment or order had been
previously filed before the High Court or the Sessions Judge on behalf of all
or any of the petitioners, and if so with what result.]
Rule - 93.
[x
x x]
Rule - 94.
[x
x x]
CHAPTER
XIV LUNATICS- [CHAPTER
XXV] CR.P.C.
Rule - 95.
The
following is suggested as a suitable form of finding of acquittal on the ground
of insanity:-
"The
Court finds that..................did kill.............by striking him on the
head with a club, but that, by reason of unsoundness of mind, he was incapable
of knowing that he was doing an act which was wrong or contrary to law, and
that he is not therefore guilty of the offence specified in the charge,
viz...................; and the Court directs that the said
(....................) be acquitted, and that, under the provisions of [Section
335], Criminal Procedure Code the said (.........................) be kept in
safe custody in the.................
CHAPTER
XV COMMISSIONS FOR EXAMINATION OF WITNESSES-CHAPTER XL, CR. P. C.
Rule - 96.
[x
x x]
Rule - [97.
When
the evidence of a Gazetted Officer of the Mint or the Indian Security Press is
required as to the genuineness or spuriousness of a coin or currency note, the
Court concerned should ordinarily send the coin or the currency note to the
Master of the Mint or the Controller of paper currency as the case may be,
under cover of the Court seal or by a messenger whose evidence can afterwards
be taken.
The
experts at the Mint and in the Currency Department are much engaged and it is
not always possible for one of them to attend on the date fixed by the Court.
The Court should consider the desirability of issuing a commission for their
examination instead of summoning them.] [G.L.2/23, G.L.1/43]
Rule - [98.
The
instructions contained in Rule 97 shall apply mutatis mutandis to the articles
to be sent for examination by a Gazetted Officer of the office of the
Controller of Stamps and Stationery and also to the examination on commission
of such officer with regard thereto.] [G.L.1/26, G.L.5/44]
CHAPTER
XVI SPECIAL RULES OF EVIDENCE- [CHAPTER
XXIII] CR. P. C.
Rule - 99.
[x
x x]
Rule - 100.
As
soon as evidence under [section
299], Cr. P. C. have been recorded or the trial has been separated, particulars
thereof shall be noted in the register in Form no. (R) 5A, maintained in the
Court for the purpose, and intimation thereof with necessary details shall be
sent by the Courts concerned to the [Sub-Divisional
Judicial Magistrate] and the Sessions Judge for being noted in the registers
maintained in their respective offices. The Sub-Divisional Magistrate shall
call for a report from Police concerned as to the action taken and forward a
copy thereof with his comments thereon to the Sessions Judge at the end of each
quarter. This report together with the register in Form (R) 5-A, shall be put
up before the Sessions Judge at an interval of three months for necessary
orders. [G.L.3/63]
CHAPTER
XVII DISPOSAL OF PROPERTY- [CHAPTER
XXIV] CR. P. C.
Rule - 101.
(a)
Criminal Courts in marking orders under (Substituted. by
C.S. No. 45)[Sections 452, 457 or 458] of the Criminal Procedure Code for the
disposal of counterfeit coin, should consider whether the coin should not be
forwarded to the nearest Treasury or Sub-Treasury Officer with directions to
him to deal with it in a manner similar to that prescribed by rule 1 of
the Rules issued by the Government of India, in the Department of Finance and
Commerce.
(b)
The above instructions should be held to apply also to
any implements such as dies, moulds, etc., used in coining. When in any case,
such coins or implements are forwarded to a Treasury Officer a copy of the
judgment delivered in the case with which they are connected, should at the
same time be forwarded to that officer.
CHAPTER
XVIII MISCELLANEOUS--CHAPTER XLVI, CR. P. C.
Rule - 102.
The
following rules have been made by the Governor-General in Council under
sub-section (1) of Section 549 of the Code of Criminal Procedure, 1898 (Act V
of 1898), and in supersession of the notification of the Government of India in
the Home Department no. 817, dated the 23rd May, 1902 (vide Home Department
notification no. F-465-28, dated the 27th June 1928), as to cases in which
persons subject to military or air force law shall be tried by a Court to which
the said Code applies, or by a court-martial, namely:-
1.
Where a person subject to military or air force law is
brought before a Magistrate and charged with an offence for which he is liable,
under Section 41 of the Army Act or under Section 41 of the Air Force Act, as
the case may be, to be tried by a court-martial, such Magistrate shall not
proceed to try such person, or to issue orders for his case to be referred to a
Bench or to inquire with a view to his commitment for trial by the Court of
Sessions * * *, for any offence triable by such Court, unless-
(a)
he is of opinion, for reasons to be recorded, that he
should so proceed without being moved thereto by competent military or Air
force authority, or
(b)
he is moved thereto by such authority.
2.
Before proceeding under clause (a) of rule 1 the
Magistrate shall give notice to the Commanding Officer of the accused and,
until the expiry of a period of five days from the date of the service of such
notice, he shall not-
(a)
acquit or convict the accused under Sections 243, 245,
247 or 248 of the Code of Criminal Procedure, 1898 (Act V of 1898), or hear him
in his defense under Section 244 of the said Code; or
(b)
frame in writing a charge against the accused under
Section 254 of the said Code; or
(c)
make an order committing the accused for trial by the
High Court or the Court of Session under Section 213 or sub-section (1) of
Section 446 of the said Code; or
(d)
issue orders under sub-section (1) of Section 445 of the
said Code, for the case to be referred to a Bench.
3.
Where within the period of five days mentioned in rule 2,
or at any time thereafter before the Magistrate has done any act or issued any
order referred to in that rule, the Commanding Officer of the accused gives
notice to the Magistrate that, in the opinion of competent military or Air
force authority, as the case may be, the accused should be tried by a
court-martial, the Magistrate shall stay proceedings and, if the accused is in
his power or under his control, shall deliver him with the statement prescribed
by Section 549 of the said Code, to the authority specified in the said
Section.
4.
Where a Magistrate has been moved by competent military
or Air force authority, as the case may be, under clause (b) of rule 1, and the
Commanding Officer of the accused Substitutedequently gives notice to such
Magistrate that, in the opinion of such authority, the accused should be tried
by a Court-Martial, such Magistrate, if he has not before receiving such notice
done any act or issued any order referred to in rule 2, shall stay proceedings
and, if the accused is in his power or under his control, shall in the like
manner deliver him, with the statement prescribed in Section 549 of the said
Code to the authority specified in the said Section.
5.
Where an accused person, having been delivered by the
Magistrate under rule 3 or 4, is not tried by a court-martial for the offence
of which he is accused, or other effectual proceedings are not taken or ordered
to be taken against him, the Magistrate shall report the circumstance to the
State Government.
6.
In these rules 'competent military authority' means the
Brigade Commander, and 'competent air force authority' means the Air Officer
Commanding, Air Force in India.
Rule - 103.
For
rules framed by Government under Section 565 (3), Criminal Procedure
Code, [see]
Bengal Government notification no. 313-J, dated the 14th January 1902.
Rule - [103-A.
In
the matter of application of Rules 102 and 103, the provisions of Section 484
(2) (b) of the Criminal Procedure Code (Act 2 of 1974) may be seen.]
PART II RULES REGARDING
PRACTICE AND PROCEDURE UNDER SPECIAL ACTS.
CHAPTER I THE
INDIAN OATHS ACT, X OF 1873 RULES FRAMED BY THE HIGH COURT
Rule - 104.
The following forms of oaths and affirmations
are prescribed by the High Court of Judicature at Patna under Section 7, Act X
of 1873.
FOR WITNESSES
Oath
I swear that the evidence which I shall give
in this case shall be true, that I will conceal nothing, and that no part of my
evidence shall be false.
So help me God.
Affirmation
I solemnly declare that the evidence which I
shall give in this case shall be true, that I will conceal nothing, and that no
part of my evidence shall be false.
FOR INTERPRETERS
Oath
I swear that I will well and truly interpret,
translate and explain all questions and answers, and all such matters as the
Court may require me to interpret, translate and explain.
So help me God.
Affirmation
I solemnly declare that I will well and truly
interpret, translate and explain all questions and answers, and all such
matters as the Court may require me to interpret, translate, or explain.
So help me God.
Rule - 105.
Christian witnesses and interpreters to whom
oaths are administered are to be sworn upon the New Testament.
Rule - 106.
In other cases the oaths are to be
administered upon such symbol, or accompanied by such act, as may be usual, or
as such witness or interpreter may acknowledge to be binding on his conscience.
CHAPTER II THE REFORMATORY SCHOOLS ACT
Rule - 107.
For rules under the Reformatory Schools
Act-vide Bihar and Orissa Government's no. 197-201-J., dated the 29th January
1917, circulating "Summary of orders relating to the treatment of juvenile
offenders" and also the Reformatory Schools Act Manual, issued by the
Local Government. [G, L. 5/63]
CHAPTER III THE INDIAN STAMP ACT, II OF 1899.
Rule - 108.
(a)
When
a Judicial Officer sees reason to doubt the genuineness of a stamp filed before
him, the stamp should be forwarded to the Collector of the district, who will
examine it, and satisfy himself, if possible, as to its character, reporting
the result to the officer sending it.
(b)
Care
should be taken to retain an examined copy of any document bearing a stamp
which may be forwarded to the Collector under the above orders.
PART III
Records
CHAPTER
I ARRANGEMENTS OF RECORDS OF CRIMINAL PROCEEDINGS.
Rule - 109.
"Record-room"
is a room set apart for the storage of decided cases and
"Record-keeper" is the ministerial officer in immediate charge of
such records.
A. Records of Courts of Session
Rule - 110.
Every
record of a Court of Session shall consist of two files, to be styled and
marked respectively File A and File B.
Rule - 111.
File
A shall contain the following papers which shall be arranged in the following
orders-
(1)
Title-page
(2)
Table of Contents,
(3)
Order-sheet.
(4)
Papers showing how the proceedings were initiated
together with any sanction to the proceeding granted under sections 195,196 or
197, Criminal Procedure Code [that is to say : the complaint, first information
to the Police, or order of the Magistrate under section 190 (1) (c) on which
the proceedings were taken], the final report of the Police under section 173
of the Criminal Procedure Code and the order of commitment. [x
x x]
(5)
The charge under which the trial has been held, amended
or otherwise: with a record thereon that it has been read and explained to the
accused, and the plea of the accused.
(6)
Any documents or document connected with the offence
charged, or in respect of which the charge is made, e.g., the statements, made
by the accused, which form the subject of a charge of giving false evidence,
document said to be forged, etc.
(7)
List of articles connected with the offence, which have
been proved and exhibited, but which cannot be attached to the records; e.g.,
any weapons used in the commission of any offence against the person, stolen
property in an offence against property, counterfeit coin and materials for
counterfeiting, etc.
(8)
(a) The deposition of the witnesses for the prosecution
examined at the trial in chronological order, except that when a witness has
been cross-examined, or re-examined, in a later stage of the proceedings, such
cross-examination, or re-examination, shall be attached to his original
deposition.
Note-'When
a witness has been cross-examined under section 145 of the Evidence Act, for
the purpose of contradicting him as to previous statements made by him in
writing or reduced into writing (e.g., deposition taken during the enquiry
before the Magistrate), such statements shall be filed in the record
immediately after the deposition of the witnesses to which these relate. Every
such statement, when proved, shall be marked by the Court in a series of its
own which shall be noted in the order-sheet, but need not be included in any
list.
(b)
The depositions of witnesses who are absent at the trial, which are admitted
under section 33 of the Evidence Act, or if [section
299] of the Criminal Procedure Code or otherwise, e.g.,
Depositions
of witnesses taken on commission;
Dying
declarations admitted in evidence;
[x
x x]
(9)
Deposition of a medical witness admitted under [Section
291], Criminal Procedure Code.
(10)
Report of the Chemical Examiner, or Assistant Chemical
Examiner to Government, admitted under [Section
293], Criminal Procedure Code.
[(11)
Any confession, or statement of the accused recorded under Section 164,
Criminal Procedure Code, and admitted in evidence.]
(12) The examination (if any) of the accused before the
Sessions Court.
(13) Any written defense that may be laid before the Court.
(14) The depositions of the witnesses examined for the
defense in chronological order.
[(14A)
Written Memorandum of argument, if any, submitted under section 314 of the Code
of Criminal Procedure.]
(15) The judgment and final orders.
(16) If the trial involves a charge of previous
convictions, the evidence for the prosecution to prove such convictions and the
evidence for the defense, if any, and the final judgment and order as provided
in clause (15).
The
following papers shall be Substitutedequently added to complete the
record:-[G.L.12/22]
(17) Copy of the judgment, or order of the Appellate, or
Revisional Court.
(18) Warrant returned after execution by the Jail
Authorities.
(19) If the sentence has been remitted in whole, or in
part, by the President, or the Governor, a copy of the order of remission.
Rule - 112.
File
B shall contain-
(1)
Title-page,
(2)
Table of Contents, and
(3)
All other papers not included in File A, except documents
admitted as evidence during the trial, that is, exhibits, which are dealt with
in a separate rule.
B. Magistrates' Records
Warrant and Summons Cases
Rule - 113.
The
record of every Warrant or Summons case tried by a Magisrate shall consist of
two files, to be styled and marked, respectively File A and File B.
Rule - 114.
The
following papers shall be included in the File A in the following order-
(1)
Title-page,
(2)
Table of Contents.
(3)
Order-sheet.
(4)
Papers showing how the proceedings were initiated
together with any sanction to the proceedings granted under sections 195, 196
or 197 of the Criminal Procedure Code, that is to say, the petition of
complaint, the first information, or other report to the Police or order of the
Magistrate under section 190(1 )(c), Criminal Procedure Code, on which the
proceedings were taken, and, if there has been a police investigation, the
final report of the Police under section 173 of the Criminal Procedure Code.
[G. L. 1/57]
(5)
Statement, if any, of the accused under [Section
252], Criminal Procedure Code, in Summons cases-For Summons cases only.
(6)
(a) Deposition of witnesses for the prosecution examined
at the trial in chronological order, except that, when a witness has been
cross-examined, or re-examined in a later stage of the proceedings, such
cross-examination, or re-examination shall be attached to his original
deposition.
(b)
Deposition of witnesses who are absent at the trial, which had been admitted in
evidence under section 32 of the Evidence Act, or otherwise.
(7)
Report of the Chemical Examiner or Assistant Chemical
Examiner to Government admitted under [Section
293] Criminal Procedure Code, in Warrant cases-For Warrant cases only.
(8)
List of articles connected with the offence which have
been proved and exhibited but which cannot be attached to the record, e.g., any
weapons used in commission of an offence, stolen property, etc., etc.
(9)
The charge with a record thereon that it has been read
and explained to the accused and plea of the accused in Warrant cases-For
Warrant cases only.
(10)
Any document or documents, 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.-For
Warrant cases only.
(11)
Any confession or statement made by the accused before a
trial and recorded under section 164, Criminal Procedure Code.-For Warrant
cases only.
(12)
Examination of the accused under [Section
254], Criminal Procedure Code, in Summons cases or under [Section
313] Criminal Procedure Code, in Warrant cases and any written statement filed
by the accused during the trial.
(13)
The deposition of the witnesses examined for the defense
in chronological order.
[(13A)
Memorandum of argument, if any, submitted under section 314 of the Code of
Criminal Procedure.]
(14) Judgment, finding and sentence.
The
following papers shall be Substitutedequently added to complete the record-
(15) Copy of the judgments or order of the Appellate or
Revisional Court or Courts.
(16) Warrant returned by the Jail authorities after
execution of sentence.
(17) Any petition, or other paper bearing on the offence
charged and material to elucidate, or justify the decision in Warrant cases-For
Warrant cases only.
Rule - 115.
File
B shall contain-
(1)
Title-page,
(2)
Table of Contents, and
(3)
All other papers not included in File A, except documents
admitted as evidence during the trial, that is, exhibits which are dealt with
in a separate rule.
Complaints dismissed under Section 203, Criminal
Procedure Code.
Rule - 116.
(a)
It shall not be necessary to prepare a title-page, table
of contents, or order-sheet in the case of complaints dismissed under section
203, Criminal Procedure Code, in respect of which no enquiry is made under
section 202, ibid, but such complaints (with the order passed thereon), shall
be formed into weekly, monthly, or quarterly files as may be most convenient
and each such file shall constitute one record, to which shall be attached a
title-page and a table of contents. Of each file or record thus formed a single
entry shall be made in the list which accompanies all records sent to the
District Record Room. These files shall be preserved for one year from the date
of the latest order in each.
(b)
No title page and table of contents need be attached in
the cases under the Municipal and District Board bye-laws nor in those under
section 34 of the Police Act.
Rule - 117.
[xxx]
Rule - 118.
[xxx]
Summary Trials.
Rule - 119.
In
cases tried summarily, the A file should contain only the form of summary trial
kept under section 263 or 264 of the Criminal Procedure Code, and whatever else
the Court may record under the provisions of these Sections; and all other
papers connected with the trial, should be placed in the B file. In the absence
of express orders to the contrary, the A file alone should be forwarded to a
Court of Appeal, or Revision. In the case of such records, no title-page, table
of contents, or order-sheet need be prepared.
Miscellaneous Inquiries.
Rule - 120.
The
rules relating to the records of Summons cases shall apply to the records of Inquiries
under section 307, Criminal Procedure Code and to such other proceedings as,
under the Code, the procedure applicable to Summons cases applies; and the
rules relating to the records of Warrant cases shall apply to the records of
Inquiries in other cases, with such modifications in details as the
circumstances of such cases may require.
C. Records of Appellate and Revisional Courts
Rule - 121.
The
record of the Appellate or Revisional Court shall be arranged in the same way
as that of the Court of Original Jurisdiction, except that there shall be no
separate B file, the papers which would belong to the B file being attached to
the A file.
D. Exhibits.
Note
1- These rules apply to the records of all Courts.
Note
2-For rules as to return of exhibits see rules under Chapter V
"Preservation and Destruction of records".
(a)
Documents Exhibited as Evidence
Rule - 122.
The
Courts shall mark the documents which are admitted as evidence on behalf of the
prosecution, with figures in the order in which they are admitted, thus:-
Exhibit
1, Exhibit 2, etc., etc. and the documents admitted as evidence on behalf of
the defendant with capital letters, thus :-
Exhibit
A, Exhibit B, etc., etc.
Rule - 123.
When
a number of documents of the same nature are admitted, as for example a series
of receipts for rent, the whole series shall bear one number or capital letter,
a small number, or small letter being added to distinguish each paper of the
series thus :-
Exhibit
11, 12, etc., etc.
Exhibits
Aa, Ab, etc., etc.
Rule - 124.
A
list of the documents admitted in evidence on behalf of the prosecution, and
another list of documents admitted in evidence for the defense, shall be
prepared by the clerk of the Court and signed by the Judge/Magistrate. The
documents shall be entered in these lists in the order in which they are
admitted and marked. [For form of list see Form no. (M) 22, Volume II.]
Rule - 125.
Whenever
a document used in evidence is withdrawn, either before or after Judgment, a
note of the fact shall be made in the column of remarks, stating also whether a
copy has, or has not, been Substitutedtituted.
Rule - 126.
Documents
admitted as evidence at the trial and not included in file A, shall not be
shown in the table of contents of that file, but shall be placed in a separate
or supplementary file to which is to be attached the list referred to in rule
124. This file will include not only documents produced for other purpose, but
also documents used to refresh the memory of witnesses, e.g., reports of a
medical witness, etc.
Rule - 127.
If
a witness has given his evidence on a conditional pardon, the proceedings under
which pardon was tendered and accepted, and any statement of the witness
recorded by the Magistrate, [xxxx]
shall be included in this file.
(b)
Documents not Admitted as Evidence.
Rule - 128.
Documents
which have not been admitted in evidence should not be made part of the record
unless the court directs otherwise. They should, immediately on the conclusion
of the trial, be returned to the person producing them or his mukhtar or
pleader after he has signed the receipt for the same in the appropriate column
of the list [Form no. (M) 22A]. A Mukhtar or pleader, when required to do so is
bound to take back any document produced by his client which has not been admitted
into evidence and to sign the receipt referred to above.
Rule - 129.
When
any article connected with the offence charged is produced in a Criminal Court
and, after being proved, is admitted in evidence it shall be marked by the
Court with a Roman Numeral, thus :-
Exhibit
I, II, III, etc.
Rule - 130.
A
list of such articles admitted in evidence shall be prepared by the clerk of
the Court, and shall be signed by the Judge/Magistrate. The articles shall be
entered in the list in the order in which they are admitted and marked. [For
form of list see Form No. (M) 22, Volume II.]
Rule - 131.
No
article which has been admitted in evidence, shall be returned, or destroyed
until the period for appeal has expired, or until the appeal has been disposed
of, if an appeal be preferred against the conviction and sentence.
Rule - 132.
Whenever
an article, which has been admitted in evidence is returned, or destroyed, a
note of the fact shall be made in the column for remarks.
E. General Rules
Rule - 133.
In
every case, papers shall, as far as possible, be attached to the file to which
they belong, as the trial proceeds, and shall be arranged in the order in which
they are brought before the Court. The necessity of sorting papers in the
Record-Room must be avoided.
Rule - 134.
To
each file of every record there shall be prefixed a combined title- page and
table of contents in Form No. (M) 21, Volume II. [x
x x]
Rule - 135.
The
Table of Contents will be in the following form and should be written up in the
manner indicated below :-
TABLE OF CONTENTS.
|
Serial no. of
papers.
|
Sheets.
|
Description.
|
Value of Court
fee stamps.
|
Period for which
to be preserved.
|
Remarks.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
1
2
3
|
1-3
4-5
6-8
9
10-12
13-14
|
Order-sheet...
Petition of
complaint Confession of accused before trial.
Charge..............
Judgment............
Copy of the
judgment of Appellate or Revisional Court.
|
Rs. P. 0 50
|
|
|
|
Total value of
Court-fee stamps.
(Signed)
Officer of
Court.
|
Compared and
found correct. Record-keeper.
|
Note-The
above form is reproduced in form no. (M) 21. Volume II.
Column
1 will give the consecutive number of the different papers in the file. The
sheets in the file shall be numbered consecutively, and column 2 which should
be kept blank until and filled in after the file is complete, will give the
consecutive numbers of the sheets. Columns 1,3 and 4 will be filled in as the
trial proceeds and in column 5 the Record-keeper will enter the number of years
for which each paper on the record is to be preserved according to the Rules
for the preservation and destruction of records.
CHAPTER
II THE ORDER-SHEET
A. Order-sheet for Sessions Courts.
Rule - 136.
An
Order-sheet in Form no. (M) 20, Volume II, shall be used in all Sessions
trials, and shall form part of the record of each trial.
Rule - 137.
The
Order-sheet shall contain a complete record, in chronological order, of the
proceedings, from the commencement to the conclusion of the trial, and every
order passed during the trial. It may be written by the clerk of the Court, but
shall be signed, at the end of the proceedings on each day, as well as on the
conclusion of the trial, by the Sessions Judge, after he has satisfied himself
of the correctness of all the entries made therein. [*
* *]
Rule - 138.
It
shall contain-
(1)
An abstract of the charge or charges, and, if any
amendments are made by the Sessions Judge under [section
216] Criminal Procedure Code, a note of that fact.
(2)
A note of the fact that the charge has been read out, and
explained to the accused, and a note of his plea.
(3)
Omitted.
(4)
Omitted.
(5)
A note stating by whom the case is opened, and, if any
preliminary objections are taken, the Substitutedtance of such objections, with
the orders passed thereon.
(6)
The names of the witnesses for the prosecution, as they
are examined.
(7)
Particulars of any documentary evidence, or articles,
admitted in evidence for the prosecution, with a note if any tendered in
evidence and rejected, as well as the order passed.
[Note-This
should include any examination, or confession, of the accused or of any of the
accused.]
(8)
If the accused has been examined, a note of the fact, and
whether, on being asked, he has stated that he means to call evidence [section
233],
(9)
A note of the fact that the prosecutor sums up his case
(as the case may be) before, or after any defense made [(sections
233, 234)].
(10)
If accused or his pleader addresses the Court, a note of
such fact.
(11)
The names of any witnesses examined for the defense, and
particulars of any documentary evidence, or articles, admitted for the defense.
Note-If
any are rejected, the order should be here set out.
(12)
If the prosecutor replies, the fact should be noted.
(13)
Omitted.
(14)
A note of the final order, or sentence, passed. And if a
sentence of death be passed, a note of the fact that the accused has been
informed of the period within which he can appeal [(section
363, Criminal Procedure Code.)]
(15)
Omitted.
B. Order-sheet for Magistrates' Courts
Rule - 139.
A
form of Order-sheet in Form No. (M) 19, Volume II, is to be used by all
Magistrates subordinate to the High Court, and it shall form part of the record
of each trial. [x
x x],
Rule - 140.
The
Order-sheet shall include every interlocutory order, from the date of
complaint, or [the
date on which the F.I.R. as received in the office of the [Magistrate
concerned] is laid before him, and shall also contain the Substitutedtance of
the final order. [G. L. 1/50, G. L 1/58, G.L 1/59]
Rule - [141.
Each
order entered in the order-sheet shall bear serial number be signed by the
Magistrate.]
CHAPTER
III INSPECTION OF RECORD
Rule - 142.
No
record not deposited in the Record Room shall be inspected without the
permission of the [court
concerned.]
Rule - 143.
The [court
concerned] may either in his presence or in the presence of a clerk deputed by
him for the purpose allow inspection of any such record to public officers,
pleaders and mukhtars in the case subject to the general conditions laid down
for inspection of records in the Record Room (vide Chapter VI, rule 158 post).
CHAPTER
IV THE TRANSMISSION OF RECORDS TO THE DISTRICT RECORD-ROOM
Rule
- 144.
With
the exception of proceedings before the Court of Session, the records of which
will be kept in the Record Room of the Sessions Judge, the records of all
criminal proceedings will be kept in the Record Room of the Magistrate of the
district.
[Note-Records
received from the committing court shall, for the purpose of depositing in the
Record-Room, be treated as part of the Sessions record.]
Rule - 145.
The
records of all decided cases shall be forwarded to the District Record Room by
Magistrates, at headquarters, in the course of the next month, and by
Magistrates, at Subdivisions, in the course of the fourth month succeeding that
in which they were decided. [H. C. Memo No. 4331-64, dated 21st April 1966]
Rule - 146.
The
District Magistrate shall fix the dates on which the records from each Court
shall be dispatched to the District Record-Room endeavoring so to fix the dates
that too many records shall not reach the Record Room at one and the same time.
CHAPTER
V PRESERVATION AND DESTRUCTION OF RECORDS AND RETURN OF EXHIBITS
Rule - 147.
A
list in Form No. (R) 13, Volume II, shall accompany all records sent by
Magistrates to the District Record Room and a list in Form No. (R) 14, Volume II,
shall accompany all records sent to the Sessions Judge's Record Room.
One
list only shall be prepared for the record of all the four classes into which
the cases have been classified under rule 150. The records of cases mentioned
in provisos to rule 150 shall be entered in a separate list.
Rule - 148.
These
lists must be uniform in size and shape and shall be bound up from time to
time, so as to constitute catalogues of the records sent to the District Record
Room and the Record Room of the Sessions Judge, respectively. They shall be
preserved for the same period as the record to which they relate.
Rule - 149.
The
lists required by rule 147 shall contain an entry of every case disposed of
during the period to which they relate and be prepared in duplicate by means of
Zanetic (pen) carbon paper. One copy of each list shall be forwarded with the
records. The duplicate copy shall be sent to the Judge or Magistrate in charge
of the Record Room under a separate cover and will be returned to the issuing
Court duly signed by the Record-Keeper who shall acknowledge that the records
have been received. These duplicate copies shall, on return, be preserved by
the issuing Court for [three
years] from the dates of dispatch of the original copies to the Record Room.
Note
7-In every list, entries shall be serially numbered. Care should be taken to
correct the classification of records as shown in the lists when this becomes
necessary owing to the convictions being modified or set aside by higher Court.
Note
2- A note shall be made against each entry in the list of records mentioned in
the provisos to rule 150 if and when destruction is carried out.
Rule - 150.
The
period for which the records shall be preserved, such period being calculated
from the date of the final judgment or order in each case, shall be as follows
[G. L. 8/44]:-
Class I-To be preserved for 14 years
(a)
Files A and B of Sessions and Magistrates' cases in which
the accused has been acquitted or convicted of offences punishable under
sections 392 to 402, Indian Penal Code, inclusive.
(b)
Files A and B of proceedings under sections 109 and 110,
Criminal Procedure Code.
(c)
File A of Sessions cases other than those mentioned in
(a) above, resulting in the conviction of the accused.
(d)
File A of non-bailable Magistrate's cases other than
those mentioned in (a) above resulting in the conviction of the accused.
(e)
File A of appeals and applications for revision against
judgment or orders passed by Magistrates in cases (a), (b) and (d).
Class II-To be preserved for five years.
(a)
File A of possession cases under [Chapter
X] Criminal Procedure Code.
(b)
File A of security cases under Chapter VIII, Criminal
Procedure Code, other than those mentioned in 1 (b) above.
(c)
File A of appeals and applications for revision in respect
of the cases mentioned in (a) and (b) above.
(d)
[File
'A' of cases where after an enquiry in the manner prescribed under the proviso
to section 202 (2) of the Code of Criminal Procedure a Magistrate has passed an
order dismissing the complaint under section 203 or where a Court of Session
has passed an order of discharge, under section 227, Criminal Procedure Code.]
Class III-To be preserved for two years.
(a)
Files A and B of other miscellaneous cases.
(b)
Files A and B of Magistrates' bailable cases.
(c)
File A including B papers of appeals and applications for
revision in respect of cases mentioned in (a) and (b) above.
(d)
File B of cases mentioned in classes I and II, excepting
cases in I (a) and (b).
Class IV-To be preserved for one year
(a)
Files A and B of cases [excepting
cases referred to in class II (d) above], in which Magistrate has declined to
issue process.
(b)
Files A and B of cases in which a Magistrate has passed
an order of discharge under [section
118 or 245 or 249], Criminal Procedure Code.
(c)
Files A and B of cases in which the accused has been
acquitted, excepting the cases referred to in class I (a) above.
(d)
Cases in which the accused has been executed under a
capital sentence, except in cases in which such sentence has been passed under
section 396, Indian Penal Code, vide Class I (a) above.
Proviso
1.-Provided that the following records shall be treated as permanent:-
(i)
The record of any case in which any of the accused or
parties proceeded against has not been apprehended.
(ii)
File A or form of summary trial under section 263,
Criminal Procedure Code, as the case may be, in cases in which the accused has
been convicted of an offence, a repetition of which renders the offender liable
to enhanced punishment.
(iii)
Record of any case in which an order for maintenance has
been made under [Section
125] Criminal Procedure Code.
Note-'The
records mentioned in clauses (i), (ii) and (iii) of this proviso may however be
destroyed when all the persons on whose account they have been preserved are
known to be dead. And in the case of the records mentioned in clauses (i) and
(ii) of this proviso (except when the offence is one punishable with death or
transportation for life) death shall be presumed when the records have been
preserved for 30 years, and the records may then be destroyed.
Proviso
2.-Provided that the record of no case in which the sentence has not expired
shall be destroyed.
Proviso
3.-Provided that the record of any case in which an order of attachment has
been made under section 146, Criminal Procedure Code, shall not be liable to
destruction so long as such order remains in force.
Note-A
quinquennial revision should be made in respect of the records mentioned in
Proviso 1 of Rule 150 with a view to the destruction of those that have become
liable to destruction under the instructions contained in note to it.
Rule - 151.
Sessions
Judges and Magistrates may, at their discretion, preserve any particular paper
on the record of any particular case, beyond the above periods.
Return of Exhibits
Rule - 152.
When
an entry in a public register, or in private account book or other bulky
record, not being itself an entry in respect of which an offence has been
committed, or is alleged to have been committed, is produced in evidence, and
made an exhibit in the case, and the retention of such register, account book
or record would cause inconvenience to the public, or the person producing the
same, such register, book or record shall not be retained by the Court but
shall be returned to the person by whom it has been produced. Before returning
the register, book, or record, the Court shall mark, for the purpose of
identification, such entry or entries as have been exhibited in evidence and
shall cause a certified copy of the entry or entries to be filed with the
record of the case. The person to whom the register, book, or record is
returned, shall be bound to produce the same before the court when required to
do so, and may be required to enter into a bond to that effect.
Rule - 153.
(a)
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 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 must distinctly warn the owner that the document will be
kept at his own risk, and that the Court declines all responsibility for its
safe custody.
Note-For
form of notice, see Form no. (M) 23, Volume II.
(b)
A copy of the notice shall be put up in the Court in
which the case was tried.
Rule - 154.
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.
Rule - 155.
The
destruction of records, in accordance with these rules, shall take place at the
end of each calendar year, by burning in the presence of the record-keeper.
Sessions Judges and District Magistrates will note in their Annual Reports
whether these rules have been duly observed.
Note-The
above rules must be read in connection with the provision of section 8, Act III
of 1879.
CHAPTER
VI CUSTODY AND EXAMINATION OF AND REQUISITIONS FOR, ACCESS TO AND TRANSMISSION
OF RECORDS FROM ONE COURT TO ANOTHER.
Rule - 156.
The
records of decided cases shall be retained in the Record Rooms of the Courts to
which they appertain or of the superior Court of the district, and shall not be
allowed to pass out of the custody of the officers of such Courts, except when
called for by superior Judicial authority, or required for the purposes of
Order XIII, rule 10 of the Code of Civil Procedure by a Civil Court. It is
improper and inconvenient that records of the Courts of Justice should be sent to
other public officers or functionaries. If a reference to their contents is
required the proper procedure is ordinarily to obtain copies of the requisite
papers. [G.L. 3/ 49]
Rule - 157.
The
records of cases called for by the High Court, on appeal, revision or reference
from the judgments and orders passed therein, should be dispatched within seven
days from receipt of the requisition. In the event of any delay occurring in
their dispatch, a reply should be sent explaining the cause of delay, and the probable
date of their dispatch.
Rule - [157-A
Reminders
relating to records sent to the High Court should be issued in the first
instance on the expiry of twelve months and thereafter at intervals of not less
than six or more than twelve months.]
Rule - 158.
(a)
The Record Rooms of the Criminal Courts are not open to
the public generally, but public officers of the district, including Head
Clerks, may, with the permission of the Sessions Judge or District Magistrate,
as the case may be, be allowed to enter the Record Room and in the presence of
the Record Keeper or one of his assistants, deputed for the purpose, to examine
the record of any specified case, provided that such entry is made in pursuance
of a public purpose.
(b)
Pleaders and Mukhtars, duly authorized by any person in
that behalf, may, under similar conditions, and at a place to be provided for
the purpose in the Record-Keeper's office examine any specified record; but in
doing so, shall make only brief notes (to be written in pencil on slips to be
provided by the Record-Keeper). If any extract from the record is required, it
shall be obtained through the Copying Department in the usual way.
Rule - 159.
The
examination of records by Pleaders shall be allowed only on office days and
during such office hours as the Sessions Judge or District Magistrate may
prescribe.
Rule - 160.
When
in the course of proceedings in a Criminal Court, it becomes necessary to refer
to the contents of public documents desposited in other Courts the ordinary
procedure is to require copies of them to be filed. It frequently happens,
however, that in the course of a criminal trial the production of an original
record becomes necessary. In such case the Court where the record is deposited
shall comply with the requisition of the Court requiring it even though the
reason given for the production of the original record may be considered
in-sufficient. [G.L 7/54]
Note
1- This course should also be followed when no reason is given in the
requisition. If the record required is that of an appeal pending before
the [Court
of Sessions or Chief Judicial Magistrate], he should intimate the fact to the
officer making the requisition, and request him to return the record without
delay.
Note
2- Papers and Records received from other officers or courts shall be entered
in Register (R) 14-A, to be maintained by all criminal courts.
Rule - 161.
When
a Divisional Commissioner requires the record of a criminal trial in order to
satisfy himself whether Government should be moved to direct an appeal against
an original or appellate judgment of acquittal under [section
378) or an application for enhancement of sentence under [sections
399 or 401] of the Criminal Procedure Code, the Sessions Judges should comply
with the application. [G.L. 1/20]
Rule - 162.
Similarly,
when the State Government appoints a commission of inquiry into misconduct on
part of a police officer in consequence of strictures expressed by a Court, the
Sessions Judge should forward to the commission, on requisition, the original
record of the decided sessions case in question.
Access to Records in Courts of Session
Rule - 163.
(a)
[Sessions
Judges should give every facility to Executive Magistrates and Gazetted Police
Officers authorized by the District Magistrates and Superintendent of Police
concerned for inspecting the records of cases of the Courts of Sessions, care
being taken that no record is removed from the Judges' Record Room], Copies of
the judgment and order, when required by the District Magistrate, shall be prepared
by the Copying Establishment of the Sessions Judge and, if possible, should be
type-written. (For rates to be charged for such copies, see rule 192 (a) of
Part V, post. [G. L. 2/39]
(b)
Copies of papers other than those specified above, which
are required by the District Magistrate, should be prepared by a clerk of
the [District]
Magistrate's office deputed to the Judge's office for that purpose. Such copies
are to be used only for the information and guidance of [Executive
Magistrates] [xxxx]
who are not at liberty to cavil at the judgment of the Sessions Court or enter
into any discussion with the Judge upon its merits.
[Note-The
same procedure should be followed in respect of copies supplied free of cost
from the records of the Courts of the Judicial [xxxx]
Magistrates and also when a copy is required by any public officer referred to
in Rule 188.
How
Records should be transmitted from one Court to another
Rule - 164.
The
following instructions should be observed in transmitting records from one
Court to another:-
(a)
If the two courts are situated in the same station, the
record should dispatched by hand properly packed with a peon book in which a
serial number and date should be entered, and the signature of the recipient
should be taken. The serial number and date appearing in the peon book should
be reproduced in the remarks column of the register of records removed. If the
requisitioning Court is situated in a different station records should be sent
by parcel post, the postage being paid by me of service stamps.
(b)
Records relating to different cases may, if not
inconvenient, packed in the same parcel provided such records are separately
up.
(c)
In the parcel containing a record should be enclosed a
forwarding letter, and the cover of the parcel should bear the distinguishing
number and date of that letter.
(d)
A letter of advice should be forwarded simultaneously
with the dispatch of the parcel by post but separately and by ordinary letter
post, an it the number and date of the forwarding letter referred to in
preceding clause should be quoted.
(e)
An acknowledgment should invariably be required from the
Court which a parcel containing a record has been sent, and in the ever of none
being received within a reasonable time, enquiry should be made to ascertain
the cause.
Note
1-For forms of covering letter and of letter advising dispatch of records see
Forms Nos. (M) 24 and (M) 25, Volume II.
Note
2-For cost of transmission of records to Civil Courts at the instance of a
party, see rule 195, Part V. post.
Rule - [164-A
No
requisition made under the provisions of Order XIII, Rule 11 the Code of Civil
Procedure, by a Court Subordinate to any of the High Court's other than
the High
Court at Patna for production of the record of a case appertaining to, and in the
custody of, a Court sub-ordinate to the High
Court at Patna should be complied with unless such requisition is transmitted
through the High
Court at Patna and is accompanied by copy of the affidavit referred to in the
rule above quoted together with a duly certified translation into English if
such affidavit [be
not in Hindi],
Note-'The
above procedure will apply when a Criminal Court subordinate the High
Court at Patna calls for a record appertaining to and in the custody; any other
High Court or Court subordinate thereto.
PART
IV
Information and
Copies
CHAPTER I PREPARATION AND ISSUE OF COPIES AND
SUPPLY OF INFORMATION
Rule - [165.
In addition to the rules of this chapter, the
relevant rules of Part IV, Chapter I of the Civil Court Rules, Vol. I shall
apply as far as may be to the application for copies and information in the
Criminal Courts.] [H.C. Letter no. 5739-71, dated 1st June, 1964, G.L. 2/61]
Note-The copying work of the Sessions Judge's
Court is done in the Copying Department of the District Judge.
Rule - 166.
Any person may apply for information from the
records and registers of any Court.
Rule - 167.
Information may be asked for in one
application in respect of one matter from a single record or register and shall
be limited to a single question. Questions about particulars to be inserted in
application for copy of any document respecting which information is wanted
will be treated as a single question. Information requiring anything but short
answers shall not be given. If any extract from the record is desired the
proper course is to apply for a copy.
Rule - 168.
In criminal cases, parties are entitled to
obtain copies of any portion of the record of trial; this rule covers such
police papers as may be made use of as evidence at the trial;
[Provided that in
cases where there arises a doubt as to whether copy of any particular paper
from the record of a pending case should be granted or not specific orders of
the Presiding Officer of the Court concerned shall be obtained at the earliest
opportunity before sending the paper to the Copying Department;
Provided further that for copies of
depositions in a criminal case which is being heard the procedure laid down in
rule 369 of the Civil Court Rules, Vol. I shall be followed.]
Note-Police reports on which proceedings are
instituted under Chapters
VIII, XB, XC and XD] form a portion of the record of trial.
Rule - 169.
As a general rule, copies of exhibit in a
criminal case should not be granted to persons who are strangers to the case. A
Magistrate should use his discretion in each case, acting on the general
principle that no copy should be given to a stranger without good cause being
shown.
Rule - 170.
Copies of printed and litho-graphed maps and
plans will not ordinarily be supplied by the Copying Department. Application
should be made to the office where the original maps are deposited.
Rule - 171.
Copies of papers from a record called for
from another Court or office not being subordinate to the Court to which the
Copying Department is attached will not be given unless an application for copy
is made through the court or office which sent the record or paper and such
court or office forwards the application for compliance.
Rule - 172.
[x x x]
Rule - 173.
At Sadr copies of English documents shall be
type-written.
Rule - 174.
In the ordinary circumstances a copy shall be
furnished not later than 1 P. M. or 8 A. M., as the case may be, on the 5th
open day after the application;
[Provided that in
case of notification regarding filing of deficit stamps and folios, copies
shall ordinarily be furnished on the next open day following the date of filing
of the deficit stamps and folios, if the time prescribed in the above rule has
expired.]
CHAPTER II COPYISTS
Rule - 175.
Seventeen and a half paise out of the charge
levied of 35 paise per folio (See Chapter I, Part V, Rule 187) represent the
payment to Government on account of the salary of examiners and cost of paper
and the remaining 17 1/2 paise will represent the earning of the copyist or the
typist, whose account will be made up monthly. (Fraction of a paisa, if any, in
the total of the monthly earnings will be ignored). The amount due to each
shall be paid out of the grant for 'Allowances'. These payments must be checked
with the upper part of each stamp, which, when the copy is ready, must be, torn
off each sheet along the perforated line, and endorsed with the Typist's or
Copyist's name and kept till the end of the month. In cases of maps and plans,
half of the coping charges to be levied shall be paid to the Copyists and half
will go to the Government on account of examination charges and cost of
materials. The upper halves of the adhesive stamps used in maps, plans and
copies on forms shall be treated in the same way as upper portions of impressed
stamped sheets. Care must be taken to see that nothing in excess of half in
either case of the amount realized in stamps is paid to the Copyists or
Typists.
Note 1- The Copyist or Typist is paid by the
folios copied, whether the copies are subsequently taken out or not.
Note 2- Expedition fees (Part V, Chapter I,
Rule 187) are for credit to Government and no part of them is payable to the
Copyists or Typists.
Rule - 176.
[x x x]
PART V
Fees and Costs including rules and orders under the
Court-Fees Act
CHAPTER I
A. Process Fees
Rules
framed by the High Court of Judicature at Patna, under Clause (ii) of Section
20 of the Court-Fees Act, 1870, declaring the fees chargeable for the service
and execution of processes issued by the Courts of Magistrates.
Note
1-These rules apply only to processes served and executed by Magistrates,
establishments. By this, however, it was not intended that processes issued
under the orders of a Court of Session, should be served without charge, as it
was contemplated that such processes should always be issued by the District
Magistrate at the discretion of the Sessions Judge.
Note
2-These rules do not apply to the service and execution of processes in the
case of cognizable offences and no fee can legally be charged for the issue of
process in the case of a cognizable offence, whether the case be instituted on
complaint or not.
The
question whether fees are chargeable in any particular case should be
determined by the Magistrate with reference to the Section of the Indian Penal
Code or other law relating to the offence in respect of which he directs
process to issue, whatever the Section or law may be that is quoted in the
complaint.
Note
3-Under Clause (xviii) of Section 19 of the Court-Fees Act, VII of 1870, no
court- fee is leviable on a complaint preferred by a Municipal Officer.
Court-Fee should, however, be levied for processes issued in non-cognizable
cases instituted by such officers, such fees being, on conviction of the
accused, recovered from him under [Section
359 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974)].
Note
4- [x
x x]
Rule - 177.
The
fees hereinafter mentioned shall be chargeable for serving and executing the
processes to which the fees are respectively attached, viz.-
|
|
Rs.
|
P.
|
|
(1) Warrant of
arrest-
|
|
For the warrant
in respect of each person named therein ...
|
1
|
50
|
|
(2) Summons-
|
|
For the summons
in respect of one person, or of the first two persons residing in the same
place ...
|
0
|
75
|
|
In respect of
every additional person named therein ...
|
0
|
40
|
|
(3) Proclamation
for absconding party under [Section
62] of the Criminal Procedure Code-
|
|
|
|
For the
proclamation ...
|
3
|
00
|
|
(4) Proclamation
for witness not attending [Section
62]
|
|
|
|
For the
proclamation ...
|
0
|
75
|
|
(5) Warrant of
attachment
|
|
|
|
For the warrant
...
|
1
|
50
|
|
Where it is
necessary to place officers in ...
|
0
|
40
|
|
charge of
property attached, for each officer so employed, per diem ...
|
1
|
50
|
|
(6) Written
order-
|
|
|
|
For the order
...
|
1
|
50
|
|
(7) Injunction
|
|
|
|
For the
injunction
|
|
|
Note.-The
provisions of the [Section
359] Cr. P. C., and of Rules 178 and 179 below, apply also to injunctions.
Criminal officers are, however, reminded that injunction in proceedings not
connected with offences are not chargeable with any fee. An injunction under
Section 143, Criminal Procedure Code, would, for example, be chargeable with
the above fees whereas an injunction under Section 144 or 145 of the Code would
not carry any fee (Rule no. 10 of 26th September, 1882].
|
(8) Notice
|
Rs.
|
P
|
|
For the notice
in respect of one to four persons residing in the same village ...
|
1
|
50
|
|
In respect of
every additional person named therein ...
|
0
|
50
|
Rule - [178.
No
fee shall be chargeable on any process of Criminal Court in any case where the
prosecution is on the part of the Government.]
Rule - 179.
No
process which comes within the operation of rule 177 or 182 shall be drawn up
for service or execution except upon an application made to the Court for that
purpose in writing on a document bearing upon its face stamps not less in
amount than the fee which is directed to be charged for serving and executing
the process so sought to be drawn up. This application may, however, at the
option of the party making it, be included in the petition by which he moves
the Court to order process to issue, but in that case the petition must bear
the requisite stamps for the process-fee, in addition to such stamps if any, as
are needed for its own validity; and in either case the filing of the
application, thus duly stamped, shall constitute payment of the fee chargeable
for the process.
Rule - 180.
Cost
awarded under [Section
359] Cr. P. C. and compensation awarded under [Sections
250 and 357] of the Code of Criminal Procedure shall be realized by Magistrates
of their own motion, and without payment or recovery of process-fee.
Rule - 181.
When
a proclamation has been issued for an absent witness, if the witness shall
afterwards appear, and the Court shall be of opinion that such witness had
absconded or concealed himself for the purpose of avoiding the service of
warrant upon him, such Court may order the witness to pay the cost of the
proclamation.
Rule - 182.
In
the districts named in the margin, in every case where a process has to be executed
at a distance of more than [40
kilometres] from the Court from which it is issued, an addition of one-fourth
is to be made to the fee chargeable, and if more than [80
kilometres] an addition of one-half. (Hazaribagh, Palamau, Singhbhum. [Giridih])
Rule - 183.
Throughout
the District of Purnea
and the Madhepura
and Supaul
Subdivisions of the District of Saharsa
and for the periods of the year during which travelling except by boats is, in
the opinion of District Officer, impracticable, the fees chargeable for the
service of processes shall be increased 25 percent in order to provide for
payment of the boat-hire or ferry-toll rendered necessary by the State of the
country. The additional fees may, however, be reduced to 12 1/2 percent over
the fees ordinarily leviable at the discretion of the District Officer in any
part of a district, where, or at any season of the year, when the levy of the
larger amount is found to be unnecessary.
In Khagaria
Sub-division in the District of Monghyr
an additional fee of 50 paise shall be realized in Court-Fee stamps in addition
to the ordinary fees chargeable for the service of processes in order to
provide for payment of boat-hire or ferry-toll rendered necessary by the State
of the country.
Note-The
process-server's boat-hire passed under this rule should alone be included
under the head of "process-serving charges" under "Special
Contingencies" (vide Resolution of the Financial Department of the
Government of Bengal, dated the 4th August, 1890).
Rule - 184.
When
for service of any process a peon has to cross a ferry, then the amount, if
any, legally exigible as toll, shall be paid by the Court executing such
process from the special permanent advance sanctioned by the State Government for
the purpose of these rules.
Note-This
rule will not apply to the District of Purnea
and the Madhepura
and Supaul
Sub-divisions of the District of Saharsa
for the period of the year during which additional fees for the payment of the
boat-hire or ferry-toll are leviable, under the preceding rule (rule 183).
Rule - 185.
No
fee shall be chargeable for serving and executing any process, such as a
notice, rule, summons or warrant of arrest, which may be issued by any Court of
its own motion solely for the purpose of taking cognizance of, and punishing
any act done, or words spoken in contempt of its authority.
B. Reduction and Remission of Court-fees Extracts from
orders of the Government of Bihar and Orissa under Section 35 of the Court-fees
Act
Rule - 186.
(1)
Under Section 35 of the Court-Fees Act, 1870 (VII of
1870), as amended by Act XXXVIII of 1920 and in supersession of all previous
notifications under that Section, it is hereby notified that, in exercise of
the power to reduce or remit, in Bihar and Orissa, all or any of the fees
mentioned in the First and Second Schedules to the said Act, the Government of
Bihar and Orissa have been pleased to make the reductions and remissions
hereinafter set forth, namely [Notification of the Government of Bihar and
Orissa, no. 2576/L.A. 25, dated the 5th December 1921]
(2)
[*****]
(3)
[*****]
(4)
to remit the fees chargeable on-
(a)
copies of village settlement records furnished to land
holders and cultivators during the currency or at the termination of settlement
operations;
(b)
list of fields extracted from village settlement records
for the purpose of being filed with petitions of plaint in Settlement Courts;
Provided
that nothing in this clause shall apply to copies of judicial proceedings, or
to copies of village settlement records (other than lists of fields) extracted
as aforesaid, which may be filed in any Court or office;
(5)
[* * * * *]
(6)
to remit the fees chargeable on security bonds for the
keeping of the peace by, or good behavior of, persons other than the executants;
(7)
to remit the fees chargeable under articles 6, 7 and 9 of
the First Schedule on copies furnished by Civil or Criminal Courts or Revenue
Courts or offices for the private use of persons applying for them:
Provided
that nothing in this clause shall apply to copies when filed, exhibited or
recorded in any Court of Justice or received by any Public officer;
(8)
to remit the fees chargeable under paragraph 4 of clause
(a) and paragraph 2 of clause (b), of article 1 of the Second Schedule, on
applications for orders for the payment of deposits in cases in which the
deposit does not exceed Rs. 25 in amount;
Provided
that the application is made within three months of the date on which the
deposit first became payable to the party making the application;
(9)
[* * * * *]
(10)
to remit the fees chargeable on the following documents,
namely :-
(a)
copy of a charge framed under Section 210 of the 7Code
of Criminal Procedure, 1898 (V of 1898), or of a translation thereof, when the
copy is given to an accused person;
(b)
copy of the evidence of supplementary witnesses after
commitment, when the copy is given under Section 219 of the said [Code to an
accused person;
(c)
copy or translation of a judgment in a case other than a
summons-case, and copy of the heads of the Judge's charge to the Jury, when the
copy or translation is given under Section 371 of the said Code to an accused
person;
(d)
copy or translation of the judgment in a summons-case
when the accused person to whom the copy or translation is given under Section
371 of the said Code is in Jail;
(e)
copy of an order of maintenance, when the copy is given
under Section 490 of the said Code to the person in whose favor the order is
made or to his guardian, if any or to the person to whom the allowance is to be
paid;
(f)
copy furnished to any person affected by a judgment or
order passed by a Criminal Court, of the Judge's charge to the Jury or of any
order, deposition, or other part of the record, when the copy is not a copy
which may be granted under any of the preceding sub-clauses without the payment
of a fee, but is a copy which, on its being applied for under Section 548 of
the said Code, the Judge or Magistrate, for some special reason to be recorded
by him on the copy, thinks fit to furnish without such payment;
(g)
copies of all documents furnished under the orders of any
Court or Magistrate to any Government Advocate or Pleader or other person
specially empowered in that behalf for the purpose of conducting any trial or
investigation on the part of the Government before any Criminal Court;
(h)
copies of all documents which any such Advocate, Pleader
or other person is required, to take in connection with any such trial or
investigation, for the use of any Court or Magistrate, or may consider
necessary for the purpose of advising the Government in connection with any
criminal proceedings;
(i)
copies of judgment or depositions required by officers of
the Police Department in the course of their duties;
(11)
[* * * * *]
(12)
to remit the fee chargeable on an application presented
by any person for the return of a document filed by him in any Court or public
office;
(13)
[* * * * *]
(14)
to direct that no court-fee shall be charged on an
application for the repayment of a fine or of any portion of a fine the refund
of which has been ordered by competent authority;
(15)
to remit the fees chargeable on applications for copies
of documents detailed in clauses 4 and 13 supra;
(16)
[* * * *]
(17)
(a) to remit the fees payable under Schedule II upon
applications for the grant or renewal of licenses or duplicates under the
Indian Arms Rules, 1924, in respect of which a fee is payable under those
rules; and
(b)
to reduce to ten paise all fees exceeding ten paise payable under the said
Schedule upon other applications relating to licenses or duplicates granted or
renewed under the said rules;
(18)
to remit the fees chargeable on applications for the
grant of licenses of the nature mentioned in items 8 and 9 of Schedule II
appended to the Indian Ex plosives Rules, 1914, to possess gunpowder, other
explosives or detonators required bona fide for blasting purposes;
[The
Indian Explosives Rules, 1914 have been superseded by the Explosives Rules,
1940.]
(19)
[* * * *]
(20)
to remit the fees chargeable on applications for the
grant of licenses issued in accordance with the provisions of any rule made
under section 9 of the Indian Petroleum Act. 1899 (VIII of 1899), for the
possession of dangerous petroleum for use on motor vehicles and for its
transport thereon for the purpose of use therein;
[The
Indian Petroleum Act, 1899, has been superseded by Act XXX of 1944]
(21)
[* * * * *]
(22)
to remit the fees chargeable on copies of documents
furnished by a District Magistrate to a pleader appointed by the Court to
defend a pauper accused of murder;
(23)
[* * * *]
(24)
to remit the fees chargeable on applications made to a
Magistrate under the Indian Motor Vehicles Act, 1914 (VIII of 1914), for the
registration of a motor vehicle and for a license to drive it.
[The
Indian Motor Vehicles Act, 1914, has been superseded by Act IV of [1939.]
(25)
To remit the fees chargeable on copies of judgments or
relevant extracts therefrom furnished to the Registrar of the Council of
Medical Registration, Bihar, by courts exercising criminal jurisdiction in
cases in which a registered medical practitioner is convicted of a non-bailable
offence or in which the Court pronouncing the judgment considers that the
professional conduct of a registered medical practitioner has been such that it
is desirable to bring it to the notice of the Council. [Government of Bihar and
Orissa Judicial Department Notification no. 1445 J. H., dated the 23rd July
1931]
[Note-In
rule 186 for the Sections of the [Code
of Criminal Procedure, 1898. the corresponding Sections of the Code of Criminal
Procedure, 1973, shall be read. The rule shall be followed subject to the
relevant provisions of the latter Code.]
C. Searching and Copying Fees
Rule - 187.
Searching
and copying fees shall be charged according to the scale shown in the table
below except in the cases where the law requires copies to be given free of
cost:-
|
Nature of fee or
charge.
|
Cases in which
to be paid.
|
Amount. Rs. P.
|
How to be paid
|
|
1
|
2
|
3
|
4
|
|
1. Searching fee
|
On all
applications-
(1) For
information whether the record is deposited in the Record room or not.
|
0 25
|
By a Court-fee
stamp to be affixed to the application.
|
|
1
|
2
|
3
|
4
|
|
|
Note- This is
the only fee to be paid on such application.
(2) For
inspection of the record of a decided case.
Note-No
searching fee to be charged to pleaders for looking at the records of pending
cases.
|
0 25
|
Ditto.
|
|
|
(3) For copy (in
addition to the prescribed fee of one anna under the Court-fees Act) where
the record is deposited in the Record room.
Note 1- One searching fee shall be
charged for any number of copies taken from the same record and included in
the same application.
Note 2- Records called for in
connection with original case or appeal will be treated as a part of the
record of such case or appeal.
|
0.25
|
Ditto.
|
|
2. Copying
charges.
|
(a) Manuscript
copies
|
0. 35 per folio
consisting of 150 words English, [or
Hindi in Devanagri script] or 300 words vernacular
|
By means of an
impressed stamp of 35 paise on each sheet of paper corresponding with the
folio to be provided by the applicant for copy.
Note- There are 25 lines in each
|
|
1
|
2
|
3
|
4
|
|
|
|
[other than Hindi in Devanagri script] 4 figures counting one word.
|
sheet. No line
shall contain more than 6 words English, [or Hindi in Devanagri script]
or 12 words vernacular [other than Hindi in Devanagri script]
|
|
|
(b) Typed copies
containing-
|
|
|
|
|
(i) Not
exceeding 150 words.
|
0. 35
|
By means of an
impressed stamped paper of 35 paise.
Note- Special
stamped sheets divided into two equal parts by a blue line, each part being
intended for 150 words should ordinarily be used for type-written copies.
|
|
|
(ii) Exceeding
150 but not exceeding 300 words.
|
0. 70
|
By means of the
same impressed stamped paper of 35 paise with an adhesive stamp of 35 paise
affixed thereto across the top so that the figure head may be above the
perforated line and that the portion below may clearly show the value.
|
|
|
(iii)Concluding
portion of documents beyond 300 words.
|
|
By means of an
additional impressed stamped paper or papers of 35 paise with an adhesive
stamp of 35 Paise affixed thereto if necessary
|
|
|
|
|
|
|
|
|
|
according to the
number of words remaining to be typed.
Note 1.-The adhesive stamp will be supplied loose by the
parties and affixed in the Copying Department according to necessity.
|
|
|
(c) Expendition
fee for urgent applications-
|
|
Note 2.- Impressed stamped sheets should never be received and
cancelled in lieu of adhesive stamps.
|
|
|
(i) For
inspection or information
|
1. 00
|
By means of
Court- fee stamp to be affixed to the application.
|
|
|
(ii) For copies-
(1) Not
exceeding 600 words English [or
Hindi in Devanagri script] or 1,200 words vernacular [other
than Hindi in Devanagri script]
|
1. 00
|
Ditto.
|
|
|
(2) Exceeding
600 words English [or
Hindi in Devanagri script] or 1,200 words vernacular. [Other than Hindi in
Devanagri script.]
|
0. 25 for every
150 words English [or
Hindi in Devanagri script] or 300 words vernacular [other
than than Hindi in Devanagri script] or part thereof.
|
Ditto.
Note- This
calculation is to be made on the aggregate number of folios covered by the
same application.
|
Note
1- Complainants must pay copying fees whenever they want copies. But an accused
is entitled under section 210, Criminal Procedure Code, to a copy of the
charge, under section 219 of the same Code, to a copy of the evidence of
supplementary witnesses after commitment, and under section 371 of the Code, in
cases other than summons case, to a copy of the judgment absolutely free of
cost and on plain paper. Similarly, under section 490 of the same Code, a copy
of an order of maintenance, shall be given without payment to the person in
whose favor it is made, or to his guardian, if any, or to the person to whom
the allowance is to be paid.
Note
2-The provision of [section
363 (5)] of the Code should also be referred to.
Note
3- See also Rule 186 of this Chapter regarding remission of copying fees in
certain cases.
Note
4-Court-fee stamps for extra fee in respect of urgent copies should find entry
in the Register of Court-fee stamps.
Rule - 188.
No
fees are to be required or paid for searching, or copying papers wanted by
public officers for public purposes.
Note-In
their Resolution no. 1248-64, dated 31st August 1899, the Government of India
directed that "The existing practice of supplying free of charge, to the
head of the office concerned, copies of judgments convicting Government
officers of criminal offences" should be continued and that "in
future, copies of judgments of acquittal and orders of disharge" should
also be "supplied free of charge on the application of the Head of the
Department". [G. L. 1/20]
Rule - 189.
In
the case of maps and plans no general rule can be laid down. In each case the
charges will have to be fixed with reference to the difficulty or intricacy of
the work to be done. The charges shall be realized by means of adhesive stamps
to be affixed to the map or plan, the upper-half being kept by the copyist as
his voucher. Half will be paid to the copyist and half will go to Government on
account of examination fees and cost of materials.
The
upper halves of adhesive stamps used in maps and plans shall be treated in the
same way as upper portion of impressed stamped sheets.
Rule - 190.
In
the case of urgent copies of maps and plans the expedition fee will also be
fixed by the Magisterial Officer in charge to be paid by means of a Court- fee
stamp affixed to the application for copy. No part of the expedition fee shall
be paid to the copyists.
Rule - 191.
For
the cancellation of Court-fee stamps on copies reference should be made to rule
197 of this part for "Information and Copies" to Chapter I, Part IV,
and for "copyists" to rule 175 of Part IV, ante.
Rule - 192.
(a)
The charge for obtaining copies of records in Courts of
Session referred to in rule 163 (a) Part III, shall be at the rate of one rupee
and forty paise per [1,200
words English or Hindi in Devanagri script, or 2,400 words vernacular
(except-Hindi in Devanagri script) which should be paid to the Typist or
Copyist concerned. The typists or the Copyist)] should be paid at the same rate
for preparing briefs.
(b)
The charges for obtaining copies of records in Sessions
cases [x x x]
which are required by [District
Magistrates] should be adjusted under "Civil and Sessions Courts"
while those for copies of records in cases in which an appeal has been
preferred, and the copies required for Government Pleaders, should be adjusted
under "Civil and Sessions Courts" or "Criminal Courts"
according as the papers to be copied are at the time in the Office of the
Sessions Court or of the Magistrate's Court.
(c)
The charge for typed copies of translations mentioned in
rule 41, Part I shall be at the rate of one rupee and forty paise per 1,200
words to be paid to the copyist concerned;
Provided
that when one or more copies are prepared simultaneously by carbon paper
process and one of such copies is prepared for Government and the other or
others for private individuals, the copyist shall not be entitled to
remuneration for such a copy provided also, however, that the paper for the
copy and also the carbon paper shall be supplied by Government.
D. Fees for Affidavits
Fees for administering Oaths on Affidavits
Rule - 193.
The
charge for administering the oath to the deponent in the case of any affidavit-[three
rupees and twenty paise]. [C.L. 8/64]
Except
(1) affidavits made by process-servers regarding the manner of service of
processes;
(2)
Affidavit made by any public officer in virtue of his office.
Rule - 194.
The
above fee shall be paid by means of a Court-fee stamp.
Note-
Fees for affidavits are to be entered in the Daily Register of Court, fees-
E. Cost of Transmission of Records
Rule - 195.
When
a record is called for by a civil court from a criminal court, at the instance
of party, the cost of postage should be borne by such party at a uniform rate
of one rupee per record to be paid in court-fee stamp for transmission of the
record and its re-transmission.
F. Cancellation of Court-fee Stamps
Rule - 196.
Each
Judicial Officer should, under section 30 of the Court-fees Act, of 1870,
formally appoint an officer for the purpose of cancelling stamps and should see
that that officer, and no other, is allowed to do the work. [VII G.L. 6/55, G.
L. 5/66]
Rule - 197.
The
second or triangular punching of court-fee stamps prescribed in rule 199 post
should be made on the day the records are received in the District or
Sub-Divisional Record-room or as soon after as possible, and should not await
the inspection or examination of the records.
Rule - 198.
The
Record-keeper should, on receiving records from a Muharrir or others, ascertain
that all the papers in the records which require stamps are
properly stamped and that the rules regarding their cancellation have been
properly carried out. Should any of the stamps show signs of having been
tampered with, or should there be any deficiency or any suspicious
circumstances he must at once submit a report to the presiding officer of the
court. Record-keepers should be reminded that the appointment of a special peon
or any other officer to punch stamps on records received into the Record-room
in no way absolves them from the duty of seeing that the stamps are duly
punched.
Rule - 199.
(a)
The Record-keeper of every court or office shall, when a
case is decided and the record consigned to his custody, punch a second hole
with a triangular punch in each label distinct from the first and at the same
time note upon the table of contents the date of his doing so. The second
punching should not remove so much of the stamp as to render it impossible or
difficult to ascertain its value or nature.
Note-
In cases tried summarily, the note referred to above should be entered, in the
forms of summary trial, kept under section 263 [xxxx]
of the Criminal Procedure Code.
(b)
These directions apply only to adhesive labels used under
the Court-fees Act. Impressed stamps used for denoting court-fees need not be
cancelled or punched otherwise than as required by section 30 of the Court-fees
Act.
Rule - 200.
The
court or office issuing copies, certificates or other similar documents liable
to stamp duty shall, before issue, cancel the labels affixed to them by
punching out with a square punch a portion of the label in such a manner as to
remove neither the figure head nor that part of the label upon which its value
is expressed. As an
additional precaution the signature of the officer attesting the document with
the date should be written across the label and upon the paper on either side
of it as is frequently done by persons signing stamped receipts. The stamp
shall be punched at the time of attesting the document.
Note-The
court or office in which the copy or certificate, etc., may be produced or
filed must punch out the figure head under section 30 of the Court-fees Act.
Rule - 201.
Each
Judicial Officer should cause an occasional inspection to be made of documents
that have been filed in order to ascertain that the stamps have been properly
punched and defaced and have not been subsequently removed from the documents
on which they have been used. The inspection should be made at least once a
quarter. The check herein prescribed applies equally to all papers, which
require, adhesive label, and they should be subjected to similar scrutiny.
G. Inspection of Records by Registration Officers
Rule - 202.
Government
having directed the Inspector-General and Inspectors of Registration to examine
the record-rooms of various courts in the mufassil in order to see how far the
rules and instructions on the subject of the punching, custody and sale of
stamps are carried out, every assistance should be afforded by Judicial
Officers to those officers in the discharge of their duty.
Rule - 203.
Government
having ordered that, on the discovery of any irregularity in respect of
punching or otherwise defacing court-fee stamps, the inspecting Registration
Officer should at once bring the matter to the notice of the Presiding Officer
of the court, such officer should go into the matter at once and thus trace the
person who is responsible for the omission pointed out by the inspecting
officer.
PART
VI
Registers, Periodical
Returns and Statements, and Annual Reports
CHAPTER I REGISTERS RULES FOR THE MAINTENANCE
AND DESTRUCTION OF THE REGISTERS OF SUBORDINATE CRIMINAL COURTS.]
Rule - 204.
While the court does not positively forbid
the maintenance of other Subsidiary Registers in the various criminal courts
subordinate to it, the list of registers given in Volume II specifies all the
registers which, it is believed, are absolutely necessary for judicial,
administrative, or statistical purposes.
Rule - [205.
All registers shall be kept in Hindi except the
Accounts Registers which shall be kept in English.]
Rule - 206.
The Register of Processes received for
service [no. (R) 9] should be kept in each department responsible for the
service of processes. The practice of entering Criminal and Revenue processes
sent to the department under the Nazir indiscriminately in the same volume
should be discontinued.
Rule - 207.
The list of registers given in Volume II
shows the period for which each is to be preserved. Registers of Magistrates'
courts which are to be preserved for three years or less should not be
consigned to the Record-room, but should be retained in the office in which
they were written and should be destroyed by that office with the Magistrate's
sanction on the expiry of the prescribed period. All other registers of such
courts are to be consigned to the Record-room as soon as they are completed.
Those that are to be preserved permanently will be entered by the Record-keeper
in a register in form no. 7 and those that are to be preserved for more than
three years, but not permanently, in another register in form no. 8 of Appendix
A of the Bihar Records Manual. The registers in forms nos. 7-8 are to be
preserved permanently. [G.L. 1/23]
CHAPTER II PERIODICAL RETURNS AND STATEMENTS
A. General
Rule - 208.
The forms of Periodical Statements],
entered under the heading of "Appendix A" in the list at the
beginning of Volume II, are prescribed for adoption by the criminal courts
shown against each. On the forms themselves some introductions for
observance will be found, and the following general instructions are also
issued, in order to secure the correct and uniform preparation of the
statements.
Rule - 209.
Apart from certain miscellaneous proceedings
under the Criminal Procedure Code, the returns have reference to Judicial work
alone, the High Court having no supervision over police work in any shape.
Appeals from the orders of the Superintendent of Police, which are heard by the
Magistrate in the executive capacity, are to be excluded from the returns. So
also are fines on ministerial officers for neglect of duty.
Rule - 210.
No person who has not appeared personally
or 1[through lawyers] in Court is to be included in the
returns; but all persons who have appeared, whether in obedience to summons,
warrant, or other process, or voluntarily, to answer a criminal charge, should
be shown as under trial. Persons discharged from bail taken under section 169
without appearing before a Magistrate, should not be entered in the returns.
Note 1- Cases of escaped prisoners should not
be shown as pending on the files. On their recapture, their cases will be
entered as new cases. [G. L. 6/ 56]
Note 2- Witnesses examined by Magistrates in
Court in preliminary inquiries, under [sections
202 and 330], Criminal Procedure Code, need not be included in the periodical
returns, the existing forms not contemplating them.
Note 3- Cases of lunatics dealt with
under [section
330] of the Code of Criminal Procedure should not be shown as pending on the
files. When such lunatics are subsequently brought before the Court and found
to be capable of making a defense, their cases should be entered as new cases
(C.O. no. 2 of 1905).
Note 4-Cases finally remanded should be
treated as new cases.
Cases Received or
Disposed of by "Transfer"
Rule - 211.
It is not intended that any case should be
entered in the returns as received or disposed of by transfer, unless the
transfer was from one district to another, or from one kind of court to
another, as for example, from a Civil or Revenue Court under [section
346] of the Criminal Procedure Code. A note should always be made in the column
of remarks of the number, if any, of cases and persons transferred to, or
received from, places outside the jurisdiction of the High Court, as this information
is required in order to the compilation of the returns for the whole State.
Cases
"Referred" and "Received on Reference"
Rule - 212.
The columns headed "Referred" and
"Received on Reference", are meant to exhibit cases in which an
enquiry or trial has been held, and the proceedings of the Court are submitted
for confirmation by, or the orders of, a higher tribunal; for example, [cases
submitted by Magistrates under sections 323, 325 and 122] and by Sessions
Judges under [section
366] of the Criminal Procedure Code. Mere reference for trial under section 192
are not to be entered in these columns nor in the columns exhibiting
transfer; they are to be entered against the Court which decided them, and not
against the Court which may have merely received the complaint.
Rule - 213.
Cases of the kind alluded to above, in which
the proceedings of one Court are submitted for the confirmation or orders of
another, will, like cases committed to the Sessions, find entry in the returns
of both Courts. The persons concerned will appear in, the returns of the
referring Courts, not as convicted, but as "referred" In the returns
of the Courts receiving the references, they will be shown as convicted,
acquitted, etc., according to the result of the reference in each case, or as
"Pending" if orders have not been passed on it.
Duration of Cases
Rule - 214.
In calculating the duration of cases before
the 1[Judicial] Magistrate, time must be counted from the date
of the apprehension of the accused or of his appearance in Court, whichever was
the earlier. [G. L.1/34, G. L.1/46]
Rule - 215.
A case is regarded as coming on the file of
the receiving Court from the date of commitment, reference, or order of
transfer.
Date of Submission of
Periodical Returns
Rule - 216.
Monthly statement of pending cases and
Quarterly Statement should be dispatched by [the
courts of Executive Magistrates] to the District Magistrate, [and
by the Courts of Judicial Magistrates to the Chief Judicial Magistrates] on or
before the 3rd of the month next succeeding the period to which they relate,
and Annual Statements on or before the 15th day of the new year.
Rule - 217.
Quarterly Statements should be submitted by
District Magistrates, [Chief
Judicial Magistrate] and Sessions Judges to the High Court on or before the
15th of the month next succeeding the period to which they relate, and Annual
Statements, along with the Annual Report on the Administration of Criminal
Justice, on or before the 15th February of each year. The punctual dispatch of
correct statements is an important duty, the neglect of which will not be
overlooked by the Court.
[Note.-The Chief
Judicial Magistrate shall submit statements and reports through the Sessions
Judge.]
Rule - 218.
The periodical statements have now been
brought in accordance with each other as far as possible, and if due attention
is given, during the course of the year, to the collecting of materials for the
Annual Statements, the delay of which the High Court have had so frequently to
complain, should not occur in the preparation of these returns in a correct
form.
Rule - 219.
Punctuality in the submission of Annual
Statements and Annual Reports must be insisted upon and [officers
concerned] should be careful to take the necessary steps to ensure the accurate
compilation and prompt dispatch of the same. The Court will be compelled to
take a serious view of the conduct of any officer who neglects to accord due
attention to these orders.
Note -[x
x x]
Miscellaneous
Rule - 220.
[Officers concerned]
are required to see that the statements are prepared neatly as well as
correctly, in respect of the entries made, and that they are not disfigured by slovenly
or bad writing. When such defects occur, the statements will be liable to be
returned.
Rule - 221.
Where the figures given in any return differ
from those given for the same period in any returns previously submitted,
explanation should always be offered to avoid the necessity for a reference in
the matter. Much correspondence will also be rendered unnecessary if, before
submission, figures entered in the Annual Statements are compared with those in
the High Court printed reports for the previous year.
Rule - 222.
Officers having work in more departments than
one should always note in returns how their time was apportioned between the
various departments. This is necessary to enable the High Court to judge
whether the work done is sufficient, and to admit of the officer's salary being
correctly apportioned in the annual returns between the various departments.
Rule - 223.
The column of remarks should contain the
mention of any cases or particulars which do not appear to be fairly provided
for in other columns and should also contain brief explanations of any
noticeable results appearing on the face of the returns, especially of such as,
if unexplained, might lead to erroneous conclusions; in short, any comments
which will tend to throw light upon the figures.
Rule - 224.
No statement in use by authority of the High
Court may be discontinued without an express order of such Court.
B. Monthly and
Quarterly Statements
Rule - [225.
Judicial Magistrates shall submit a monthly
statement to the Chief Judicial Magistrate and Executive Magistrates shall
submit a monthly statement to the District Magistrate of their pending files.
They are also required to submit monthly explanations of the cause of delay in
the disposal of cases pending for more than six months.] [G. L. 7/44]
Rule - [226.
Judicial Magistrates shall submit to the
Chief Judicial Magistrate and Executive Magistrates shall submit to the
District Magistrate, quarterly, a general statement.]
Rule - [227.
With the figures submitted by the Magistrates
subordinate to them, the District Magistrate and the Chief Judicial Magistrate
shall compile a general statement for the whole district and submit it to the
High Court with an explanation of delay where any case has been pending for
more than two years in respect of cases in Part I and Part II, for more than
six months in respect of criminal appeal and for more than three months in
respect of revisions shown in Part III of the statement ] [G.L. 4/44, G L.
5/52, G.L 6/52, G.L. 3/53, G.L 4/53, G.L 7/53, G. L. 11/57.]
[Note 1- The Chief
Judicial Magistrate shall submit the statement through the Sessions Judge.]
[Note 2- Clear
concise explanations regarding delays with the [District
Magistrate's/Chief Judicial Magistrate'] remarks thereon, and not copies of the
order sheets, should be submitted to the High Court with Quarterly Statement A,
Form no. (S) 3, Copies of order sheets, unless called for by the High Court in
specific cases, should not be forwarded. [G. L No. 3 of 1914]
Rule - 228.
The District Magistrate's [and
Chief Judicial Magistrates] are expected to examine carefully the statements,
monthly and quart early, submitted by the courts subordinate to them, and to
satisfy themselves that the business in these courts is transacted with due dispatch.
They may, if they consider it necessary, call for a full explanation from a
subordinate court in regard to any case on its file. A case which calls for
special attention may be brought to the notice of the High Court. They will
submit with the quarterly returns a concise statement in Form No. (S) 3A
regarding the out-turn of work shown by each of the Subordinate Magistrates and
an expression of their opinion on any deficiency apparent in this respect. [G.
L. 1/24]
[Note-In case the
Sessions Judge considers it necessary, he may express his own opinion in this
respect.]
Rule - [228A.
Sessions Judges while forwarding the
quarterly statements submitted by Chief Judicial Magistrates to the High Court,
shall submit a memorandum showing separately the out turn of Criminal work of
each officer exercising powers of a Chief Judical Magistrate with an expression
of his opinion on his outturn.]
Rule - 229.
Sessions Judges shall submit also quarterly
to the High Court, [a statement] showing
the result of commitments to the Court of Session and of appeals and
applications for revision made to them. The Additional or Assistant Sessions
Judge, if any, will furnish a similar return for his own court to the Sessions
Judge, who will exhibit the figures separately in his return. [G. L. 1/24]
Rule - 230.
In the quarterly statements, columns headed
"Brought to trial" or "Preferred" unlike those headed
"Under trial" or "Total dealt with" are intended to show
only cases brought to trial, or appeals or applications filed during the period
to which the return relates, and are not intended to include cases pending at
the commencement of such period.
Rule - 231.
Sessions Judges shall submit to the High
Court along with the Quarterly Statements a memorandum showing separately the
outturn of criminal work of each officer exercising the powers of a Sessions
Judge or of an Assistant Sessions Judge. In the case of each such officer the
number of days devoted to criminal work, the number of criminal cases disposed
of, and the number of witnesses examined, should be shown. [G. L. 2/57]
B. Annual Statements
Rule - 232.
Most of the Annual Statements can be readily
compiled from the statically and other registers. In the case of others it is
essential that the requisite information should be collected from time to
time so as to be available without delay at the close of the year. In the
latter case [Chief
Judicial Magistrates and] District Magistrates must take care that the proper
officers of their own Court and of the Court subordinate to them, collect the
information at convenient intervals.
Rule - 233.
District Magistrates shall submit their
Annual Statement direct to the High Court, and not through the Sessions Judge.
Rule - 234.
[x x x].
Rule - 235.
[Annual Statement No. 2] is
intended to show the final results of trial, and it is, therefore, necessary
that the Magistrates who have to prepare it should be apprised of the results
of commitment to the Court of Sessions. [x
x x].
Rule - 236.
[xxx]
Rule - 237.
In the Annual Statements, columns headed
"Brought to trial" or "Preferred" unlike those headed
"Undertrial" or "Total dealt with" are intended to show
only cases brought to trial or appeals or applications filed during the period
to which the return relates and not intended to include cases pending at the
commencement of such period.
CHAPTER III ANNUAL REPORTS
Rule - 238.
Sessions Judges and District Magistrates
shall submit to the High Court along with the Annual Statements, a Report for
the year to which they refer upon the Administration of Criminal Justice. The
form numbered (S) 14] shall
be incorporated in their Reports by Sessions Judges and District Magistrates.
Sessions Judges and District Magistrates should be careful to secure a
correspondence between the figures given in the Tables in the body of their
Reports and those contained in the Annual Statements submitted by them, and
they are expected to see that no discrepancies occur in this regard. (G. L.
1/33.)
[Note-The report
shall, in so far as the business done in the courts of Judicial Magistrates is
concerned, shall, in the first instance, be prepared by the Chief Judicial
Magistrate, who shall forward the same to the Sessions Judge.]
Rule - 239.
The Court does not consider it necessary to
prescribe the use of any particular form of Report; but the Report, in whatever
form should contain such remarks as suggest themselves on a consideration of
the figures entered in the statements. Any great variation between the result
exhibited for the year under report and for the previous year should receive
notice and be explained, if possible.
Rule - 240.
Amongst other matters, the following must be
noticed in the Report:-
(a)
The
condition of the Record-room, which must be ascertained by careful personal
enquiry, and not from the mere report of the Record keeper.
Note-The Court will not be satisfied with a
mere cursory mention, but require a clear description of the state of the
Record-room, and the date up to which the records have been sorted or
destroyed, so that it may appear without doubt that this duty has in no way
been neglected.
(b)
The
extent to which effect has been given to the rules regarding the arrangement of
the records in the course of the trial and the rules regarding the destruction
of useless records.
(c)
The
working of the rules under the Court-fees Act.
(d)
The
effect of recent legislation on the working of the Criminal Courts.
Rule - 241.
The character, qualifications, and official
merit of [x
x x] Magistrates should be made the subject of a separate report by Sessions
Judges [x x
x]. In such report the work done by, and the result of appeals [and
revisions] from, each magistrate should be analyzed and commented on only as an
aid to forming a judgment as to their respective deserts and fitness for
promotion. This does not debar Sessions Judges from recording in their
Administration Reports any instance of special and distinguished merit on the
part of a subordinate Magistrate which they consider deserving of special
mention and entitling the person indicated to the favorable notice of the Court
or of Government.
Note 1-The report should set out clearly and
tersely sufficient particulars to enable the Court to form a correct and
definite judgment on the merits of the officer reported on; to ensure this, it
is necessary that it should indicate any special merits or defects which may
exist in his case. In case of a very bad report it is desirable, if possible,
that the unfavorable trait should be very briefly illustrated. Sessions Judges
should form a clear and reasoned estimate of the merits and demerits of the
officers under them and express their view clearly and fully. Where a Sessions
Judge has seen little or nothing of the work of any officer under him, he
should say so in reporting to the High Court and should take steps to ensure a
full report being submitted in the following year. Where the Sessions Judge has
been newly posted to the district, he should submit to the Court the report or
opinion recorded by his predecessor and when the subordinate officer has been
transferred from another district, the Sessions Judge should obtain from the
Judge of that district and submit the report required by this rule. Where a
Sessions Judge has seen an officer's work, he should record something more than
such vague general expressions as "satisfactory", "good"
"unsatisfactory", "bad" or the like. [If
at the time of submitting the confidential report it is found that an officer
has taken steps to remedy any defect previously reported, mention should be
made of this fact also in the report, and then with the court's concurrence,
the officer concerned should be informed that his efforts at improvement have
been noticed. If the confidential reports on the work and character of
Subordinate Judicial Officers contain remediable defects or any adverse remarks
regarding an officer which in the opinion of the High Court should be
communicated to him for his guidance and correction, a transcript of the
remarks will be sent by the Registrar directly to the officer concerned].
Note 2- Reports on the merits of an officer
should invariably state whether he exercises effective control over his office.
[Note 3-The Sessions
Judges may call the report in this behalf from the Chief Judicial Magistrates
and from the Sub-divisional Judicial Magistrates in case of outlying stations.]
PART VII
Miscellaneous
CHAPTER
I PROCESS SERVICE RULE UNDER CLAUSE ILL OF SECTION 20 OF THE COURT-FEES ACT,
1870 (VII OF 1870)
Rule - 242.
As
regards the pay of peons employed in the service of processes in [Executive]
Magistrate's court, the rules in Part III, Chapter II of the Board's Practice
and Procedure Manual, 1939, shall be followed.
Rule
framed by the High
Court of Judicature at Patna in accordance with section 22 of the Court-fees
Act, 1870 (VII of 1870) for the guidance of Magistrates in the State or Bihar.
Rule - 242-A.
The
District Magistrate]4 of every district shall ascertain the average number of
original processes issued during the last three years from his own court and
from each of the courts subordinate thereto, and the peons to be employed in
the district should be sufficient for the execution of that number. The
process-serving establishment of the [Courts
of Executive and Revenue Courts]
in the State of +Bihar having been amalgamated, each peon of
the amalgamated establishment shall, for this purpose, be considered capable of
executing during the year the number of original processes (criminal or
revenue) noted against each district in the following table
|
Division.
|
District.
|
Number of
original Processes
|
|
1
|
2
|
3
|
|
Patna Division ...
|
Patna
|
900
|
|
|
Gaya
|
900
|
|
|
Shahabad
|
900
|
|
Tirhut Division ...
|
Saran
|
900
|
|
|
Champaran
|
900
|
|
|
Muzaffarpur
|
1,200
|
|
|
Darbhanga
|
900
|
|
Bhagalpur Division ...
|
Bhagalpur-
|
|
|
|
Sadar
|
900
|
|
|
Banka
|
900
|
|
1
|
2
|
3
|
|
|
Saharsa-
Supaul
|
600
|
|
Madhepura
Monghyr-
|
600
|
|
Sadar
|
850
|
|
Begusarai
|
1,000
|
|
Jamui
|
800
|
|
Khagaria
|
900
|
|
Purnea
|
600
|
|
_Santal Parganas
|
1,000
|
|
Chota Nagpur
Division
|
Ranchi-
|
|
|
|
Sadar
|
600
|
|
Gamla
|
600
|
|
Khunti
|
600
|
|
Simdega
|
500
|
|
Hazaribagh
|
750
|
|
Palamau
|
650
|
|
Dhanbad
|
800
|
|
Singhbhum
|
750
|
Provided
that the processes issued from the [Courts
of Judicial Magistrates] shall be served by the process-serving establishment
of the District and Sessions Judge, who may appoint additional staff for the
purpose on examination of the figures in the manner indicated in the above
rule. The District and Sessions Judge shall increase or reduce the number of
peons accordingly as the number of processes has increased or decreased by ten
percent. For this purpose he will ascertain after every five years the average
number of original processes issued from the courts of the Magistrates on the
judicial side. In case of diminution, the surplus permanent hands shall be
gradually absorbed against permanent vacancies in his establishment by stopping
fresh recruitment until the permissible limits has reached;
[Provided
further that the High Court may direct that process issued from the Court of a
Special Judicial Magistrate shall be served by the process serving
establishment of the District Magistrate.]
Note
1-The term "original process" means the original document which is
filed with the record of a case, that document including the names of all
persons residing within the jurisdiction of the court upon whom copies of it
(whether it be a summons, warrant, notice, or other process) are to be served
in the same case and at the same time.
Note
2-Processes served by a special peon under the directions of the Court should
be reckoned as service of three original processes. Similarly each day on which
a peon is occupied in doing some work concerning courts of Judicial
Magistrates, such as taking records, letters, etc., from one station to another
should also be reckoned as service of three original processes.
CHAPTER II
Inspections
Inspection of Magistrates' Courts by Sessions Judge
(H.C.
Letter no. 1993-2003, dated 11th February 1965.)
[x
x x x]
Rule - 243.
[x
x x x]
Rule - 244.
[(a)
When convenient, the Sessions Judges should visit the Courts of Judicial and
Executive Magistrates (excluding District Magistrates). Their inspection of
these courts should be of a general character and directed rather to Judicial
than to executive matters. They should sit with the Subordinate Magistrates
concerned, advise them in matters of procedure, and consider generally their
conduct of the proceedings before them. They should also examine some of their
records and scrutinize the orders passed by them at various stages of trials,
e.g., orders admitting to bail, for the issue of summonses to, and warrants for
the arrest of witnesses, for adjournments, and so forth.]
(b) As the Courts of 2[Executive]
Magistrates are inspected by District Magistrates and Divisional
Commissioners-officers whose attention is directed in the main to such details
as the maintenance of the registers, and the state of the offices visited-the
Sessions Judge should not occupy himself with those matters.
(c) While the Court are anxious to encourage inspections
of the above nature, whenever possible, it is to be understood that they should
not be permitted to prejudice the proper discharge of a Sessions Judge's more
important duties and should therefore be carried out only when that officer can
find time for them without detriment to his other works. No detailed report of
an inspection need be submitted to the High Court: it will suffice if the mere
fact is reported, unless the Sessions Judge's visit has disclosed any facts of
unusual interest or importance. An inspection should, if time permits, take the
form suggested in paragraphs (a) and (b) of this rule; but the Court attach
greater importance to the supervision of a Magistrate's actual judicial
procedure in Court than to an examination of his records, a number of which are
likely to come before the Sessions Judge on appeal. [G. L. 10/57]
CHAPTER
III MISCELLANEOUS INSTRUCTIONS
Rule - 245.
The
pages and paragraphs of Annual and Inspection reports and similar lengthy
communications submitted to the High Court should invariably be numbered.
Rule - [246.
(a)
Session Judges. Additional Sessions Judges, and Assistant
Sessions Judges shall, when presiding in court, wear a Judges' or Barrister's
gown made of black stuff with transparent pants over a dark colored Coat.
(b)
[x
x x x]
[(c)
Advocates appearing in the Supreme Court, High Court, Subordinate Courts,
Tribunals or Authorities shall wear the following dress:-
(1)
Advocates other than Lady Advocates-
(a)
a black buttoned, up coat, chapkan, achkan, black
Sherwani and transparent bands with Advocates' Gowns, or
(b)
a black open breast coat, transparent shirt, transparent collar stiff
or soft, and transparent bands with Advocates' Gown.
In
either case long trousers (transparent, black or black stripped or grey) or Dhoti.
(2)
Lady Advocates-
(a)
Black and full or half sleeve jacket or blouse, transparent
collar stiff or soft with transparent bands with Advocates' Gowns;
(b)
Sarees, or long skirts (transparent or black) or flare.
Provided
that the wearing of Advocates' Gowns shall be optional except when appearing in
the Supreme Court or in a High Court:
Provided
further that in Courts other than the Supreme Court, High Court District Court,
Sessions Court or City Civil Court, a black tie may be worn instead of bands.]
[(d)
Pleaders of the Subordinate Courts when appearing in Court are required to wear
a black or transparent chapkan, achkan, Sherwani or buttoned up long Coat, with
trousers or Churidar or Khalta Pyjamas to match, and a black gown of the cut
and, shape of the gown prescribed for advocates, omitting the pipe or drawings
at the back and if Europeon dress is worn, then a black coat with dark or transparent
trousers and a black or dark colored plain tie and the gown.
The
wearing of a head dress is optional.]
Note-[x
x x x]
Rule - 247.
The
attention of all Criminal Courts is invited to the following rules which have
been approved by the Government of India relative to the dress of Military
officers and Soldiers appearing before Civil or Criminal Courts (other than
courts established under Military law) -
(1)
An officer or soldier required to attend a court in his
official capacity should appear in uniform with sword or side arms. Attendance
in an official capacity includes attendance-
(a)
as witness when evidence has to be given of matters which
came under the cognizance of the officer or soldier in his military capacity,
(b)
by an officer for the purpose of watching a case on
behalf of a soldier or soldiers under his command.
(2)
An officer or soldier required to attend a court
otherwise than in his official capacity, may appear either in plain clothes or
in uniform.
(3)
An officer or soldier shall not wear his sword or side
arms if he appears in the character of an accused or under military arrest, or
if the Presiding Officer of the court thinks it necessary to require the
surrender of his arms, in which case a statement of the reasons for making the
order shall be recorded by the Presiding Officer and if the Military
Authorities so request, forwarded for the information of His Excellency the
Commander-in-Chief.
(4)
Fire-arms shall under no circumstances be taken into
court.
Sessions Judges and District Magistrates Not to Issue
Circular Orders
Rule - 248.
Sessions
Judges should not, without permission previously obtained from the High Court,
issue general instructions or circular orders of any kind for the guidance of
Magistrates.
Rule - 249.
District
Magistrates [and
Chief Judicial Magistrates] are prohibited from issuing general orders in the
form of circulars on judicial matters to the Magistrates subordinate to them.
If there be any matter connected with the administration of criminal justice in
their districts which, in their opinion, require the issue of a general order
for the information and guidance of the courts subordinate to them, they should
submit such order for the confirmation and approval of the High Court, without
which it should in no case be issued.
Residence of Gazetted Officers
Rule - [250.
No
officer of the Judicial Services shall be permitted to reside elsewhere than at
the Head-quarters of the Station to which he is posted except with the special
sanction of the High Court which may be granted in exceptional cases upon
consideration of circumstances brought to its notice by the District and
Sessions Judges.]
Judicial Officers and the Public
Rule – 251.
The
attention of all officers is invited to the collection of Rules and Orders of
the Government regulating the conduct of Public servants in respect of
borrowing money, receipt of complimentary addresses and the like.
Imputation of Prejudice
Rule - 252.
The
copy of a dispatch from the Secretary of State for India to the Government of
Madras is reproduced below for the information and guidance of all Judges and
Magistrates :-
"The
memorialist was prosecuted by the Collector, and he alleges that when the
Sessions Judge came to try the case, he resided at the Collector's house and
was greatly prejudiced by the Collector against the memorialist. I have no
doubt that the latter assertion is quite unfounded, but I think it would be
well if your Grace in Council would suggest to the Judges, through the High
Court, to avoid, as far as possible, becoming the guests of those who are
'interested in cases, civil or criminal, which will eventually be submitted to
the Judge's decision. All possible imputation of prejudice against the weaker
party will thus be avoided."
Rules Regarding Pleader's and Mukhtar's Registered Clerks
Note-
[x
x x x x]
Rule - 253.
The
expression "Registered Clerk means a clerk who is employed by a Pleader or
a Mukhtar in connection with his legal business and who is registered under
these rules.
Rule - 254.
A
registered clerk shall, for the purpose of performing the ministerial part of
the work of his employer's office, have access to any court in which the latter
is authorized to practice and to such of its ministerial officers as may in
that behalf be designated by the Presiding Officer of such court.
Note
1-This does not authorize a registered clerk to go inside the office of any
court (vide Government of Bengal's Circular no. 1259-J., dated the 13th
February, 1901, which was published in the Calcutta Gazette, dated the 17th
April, 1901, Part IVA, page 3, which should be followed).
Note
2- No person employed by a Pleader or Mukhtar other than a registered clerk
shall be allowed access to any of the courts of the district or to have any
dealing with the ministerial officers attached thereto.
Rule - 255.
Not
more than two clerks at a time shall ordinarily be registered.
Rule - 256.
At
Sadar stations the registering authority shall be the 2[Chief
Judicial Magistrate] in the case of clerks of Mukhtars [x
x x x] and the District Judge in all other cases and at other stations such
authority shall be the [Sub-Divisional
Judicial Magistrate] and the principal Civil Court respectively. Where there is
more than one Civil Court of the same grade at any such station, the power
shall be exercised by the senior Judge unless the District Judge otherwise
directs.
Rule - 257.
(a)
Every application for the registration of a clerk shall
be made to the registering authority by the Pleader or Mukhtar desiring to
employ him. It shall also be signed by the clerk proposed to be employed.
(b)
Such application shall be on plain paper and shall
contain-
(i)
a certificate from the Pleader or Mukhtar that the person
proposed is to the best of his belief fit to be so employed and will be
employed bona fide in his own service and for the purpose of his legal
business.
(ii)
the name or names of other registered clerks, if any,
under him;
(iii)
a statement declaring that he has no unregistered clerk
and undertaking not to employ any such clerk during the year.
(c)
Registering Authority on receiving the application may-
(i)
dispose of it at once when the person proposed is known
to it, or
(ii)
refer it to the Bar Association or the Mukhtars'
Association as the case may be, for their opinion, or
(iii)
make such other inquiry as it thinks necessary.
(d)
When the Registering Authority is of opinion that the
person proposed is a fit and proper person to be employed as registered clerk
he shall enter his name in the Register of Clerks. Form no. (R)22 and
issue to him a card in Form no. (M)99. These cards shall be strictly
non-transferable and shall be returned at the close of each year when clerks
must be re-registered.
(e)
Each Registering Authority shall at the beginning of the
year send a copy of its and of all subsequent additions and alterations therein
immediately after they are made to the other Registering Authority, if any, at
the same station for information and for incorporation in its register.
Rule - 258.
The
procedure in rule 257 shall apply to renewal of registrations. No card which
has been lost can be renewed without payment of a fee of Re.1 to be credited to
Government. The same fee shall also be levied where a Pleader or Mukhtar
applies for the recognition of a clerk in place of another unless he gives up
the card of such other clerk.
Rule - 259.
Any
Registering Authority in the case of a clerk registered by it may for reasons
to be recorded in writing and after hearing the clerk in his defense order his
suspension or removal from the register and the cancellation of his card. Every
order of removal shall be communicated to the other Registering Authorities in
the district.
Note-Proceedings
taken against clerks under this sub-rule are administrative and not judicial
proceedings.
Rule - 260.
No
person whose name has been struck off the register shall be recommended for
registration by any Pleader or Mukhtar at the same or any other station.
Rule - 261.
(a)
No clerk registered as the clerk of one Pleader or
Mukhtar shall work or do business on behalf of any other Pleader or Mukhtar or
in any case in which his employer is not engaged.
(b)
No clerk registered as the clerk of a particular Pleader
or Mukhtar shall, except in the absence of his employer, pass or hand over to
another Pleader or Mukhtar any paper written by him to be filed in a case
unless such paper also bears his employer's signature.
Rule - 262.
The
rules regarding registration of pleader's clerks shall also apply to the clerks
of Vakils and Advocates ordinarily practicing in subordinate courts.
Rules Regarding Vakalatnama and Mukhtarnama
Rule - 263.
No
pleader shall be entitled to make or do any appearance, application or act in
any criminal case or proceeding for any person unless he presents an
appointment in writing duly signed by such person or his recognized agent or by
some other agent duly authorized by power-of-attorney to act in this behalf, or
unless he is instructed by an attorney or pleader duly authorized to act on
behalf of such person;
Provided
that no such appointment in writing shall be necessary in the case of a pleader
appointed by the Government or the Court to act, appear or plead on behalf of
an accused or convicted person.
Note-The
term "pleader" in the rule is to be understood as defined in [section
2(q)] of the Code of Criminal Procedure. OFFICE.
Rule - 264.
Each
clerk will keep a duty card in the following form:-
|
Name of clerk.
|
Department.
|
|
Nature of work.
|
|
Authorized
registers.
|
Unauthorized
registers.
|
Miscellaneous
duties.
|
Remarks.
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
Note-'The
card is to be signed by the District Judge's Sheristadar or the Office
Superintendent, as the case may be, and the clerk concerned and a duplicate of
the same similarly signed is to be kept in the shape of a bound book by the
ministerial head of the department to which the clerk belongs. Such ministerial
head of the department will be responsible for having all changes in the nature
of work of each officer under him duly entered on the cards affected. These
cards shall be preserved for a period of twelve years from the date of their
revision and then destroyed.
PART VIII
Accounts
CHAPTER I
General
Application of the Rules
Rule - 265.
The
following rules prescribe the procedure for the receipt and payment of money
and for keeping accounts to be observed by officers exercising judicial powers
and dealing with money in that capacity. They apply only to the Magistrates of
districts.
Note
1-The subordinates of the Magistrate of the district stationed in the interior
keep their accounts under Treasury Rules and the transactions of those at
headquarters are included in those of the Magistrate.
Rule - 266.
(a)
In these rules-
(i)
"District Magistrate" means the officer whose
accounts are rendered to the Accountant-General, either for his own court only
or for his own and subordinate courts.
(ii)
"Magistrate-in-Charge" means the officer who,
when two or more courts at one station are combined for the purposes of these
rules, supervises the single set of accounts maintained for all the courts so
combined. When courts are not so combined each Magistrate is the
"Magistrate-in-charge" of his own accounts.
(iii)
"Day" shall be taken to close at 2 P.M. and the
"next day" to extend from that hour to 2 P.M. of following calendar
day.
(iv)
"Month" shall be taken to close in courts at
district headquarters at the end of the last account day of the month.
(v)
"Year" shall be taken to begin on the 1st April
and to close on the 31st March.
(b)
A District Magistrate cannot delegate his powers as
regards accounts to any of his subordinates. What he can do, when necessary, is
to place any of the officers subordinate to him in charge of accounts, without
in any way relieving himself of the responsibility for the due accounting of
all receipts and payments. When this is done, the District Magistrate's
establishment will do all the work in connection with the accounts and the
subordinate officer will sign the papers as if he were placed in charge of the
current duties of the Magistrate's Court.
Heads of Accounts
Rule - 267.
The
following are the heads of accounts in the public accounts under which the
money received and paid by Judicial Officers, or under their order, is
classified :-
(a)
Criminal deposits including compensation, fines and costs
in criminal cases not paid on the spot in open court.
(b)
Fines (Judicial); refunds of the same.
Note-For
refunds of fines, see rule 288 and Note thereto. (G. L 1/65.)
(c)
Stamp duty and penalties realized in Court.
(d)
Value of the unclaimed property credited to Government.
(e)
Other general fees, fines and forfeiture, i.e., general
forfeitures and forfeitures of earnest money by defaulting bidders.
(f)
Miscellaneous receipts, that is, other items.
Note
1-Details of accounts credited as "other items" should invariably be
furnished to the Treasury Officer.
Note
2- Service books are sold direct from the Treasury to parties requiring them.
There can, therefore, be no cash receipts on the account.
Note
3-The Collectorate Nazir sells both Magisterial and Revenue saleable forms and
keeps an account in the form prescribed by the Board of Revenue.
(g)
Sale-proceeds of old stores and materials.
Note
1-As the District Magistrate is also the Collector, the receipts under this
head may be treated as receipts on the revenue side.
Note
2- The Treasury Officer should invariably be informed of the nature of the
items, i.e., whether furniture or stores, etc.
(h)
Peremptory receipts, i.e., witnesses' expenses, prisoners
diet money, boat-hire and other peremptory receipts.
Note
1-As the peremptory cash-book is no longer required to be maintained by
District Magistrates, such receipts must, in the case of these officers, be
entered in the General Cash-Book.
Note
2-For payment of sums received under head (h), See rule 270 (c).
Rule - 268.
The
receipts and payments under head (a) must appear in the Court's account in
detail but in the Treasury account in which a personal ledger account only is
maintained for this head, daily totals of receipts and payments made at the
Court and the individual items of receipts and payments at the Treasury will
appear. All receipts and payments under heads (b), (c) and (g) above must
appear in the Court's account and in the Treasury account in detail. An account
in detail of all receipts under heads (e) and (f) must be kept in Court, but
only the daily totals of each kind of receipts will appear in the Treasury
books.
All
receipts and payments under head (h) will be made on the responsibility of the
Cashier whose security must be sufficient to cover any amount in his hands and
the balance in the hands of the Cashier must be included in the cash-book, as
well as the balance of any other moneys with which he may be entrusted (e.g.,
permanent advance). They will not appear in detail in the Treasury accounts,
but a statement in Form no. (A)6-A showing the gross amount of receipts and
disbursements during the month must be sent to the Treasury on the last working
day of each month for incorporation in the Treasury accounts for the same
month.
Note-Fractions
of a paisa are not to be entered in the Court's accounts and they should
neither be received nor paid.
Proviso-Provided
that where money has to be paid by one person to another, and both are present in
Court, the money should be passed direct from the one to the other under the
sanction of the Court, the fact being noted in the record of the case. No
officer of the Court shall, however, receive or become in any way responsible
for the money. These transactions will not appear in the Court's account at
all.
Note
1-Advantage of this proviso may be taken in cases where compensation is awarded
to accused persons or costs to complainants by the Criminal Courts in
non-appealable cases or when sums in excess of those paid into Court are to be
paid to witness. Compensation to accused persons or costs to complainants in
criminal cases whether paid on the spot in open Court or not shall be entered
in red-ink in the register of Criminal fines as laid down in rule 18(b) of
Appendix IV.
Note
2- Compensation awarded to complainants is dealt with under rules 19 and 20 (a)
of Appendix IV to this Part.
Rule - 269.
Magistrates
will as far as possible in their transaction with the public avoid direct
receipt and payment of money under head (a) of rule 267.
Proviso-Provided
that the cash must be received in the following case:- When any sum is tendered
in payment of criminal fines including compensation under section 250, Criminal
Procedure Code, or section 545, Criminal Procedure Code, or section 22 of the
Cattle Trespass Act and costs awarded in non cognizable cases under section 31
of the Court-fees Act.
Rule - 270.
(a)
Money under heads (b) and (h) of rule 267 may ordinarily
be received in cash in the District Magistrate's Court.
(b)
In the District Magistrate's Court repayment under any of
the heads of rule 267 except (h) should be made only through the Treasury.
(c)
Under head (h) payments will ordinarily be made in cash
by the cashier on his own responsibility.
(d)
No refund should be made on account of head (g).
CHAPTER
II RECEIPT OF MONEY
Rule - 271.
Payment
of sums falling under heads (a) to (g) of rule 267 cannot be accepted at the
Treasury unless the money is accompanied with a challan in triplicate or when
the payment is made by the Nazir with the pass-book and a challan in duplicate.
Note
1-No challan is necessary for paying into Court criminal fines including
compensation and costs (vide rule 319 read with rules 6 to 9 of Appendix IV).
Note
2-In the case of the District Magistrate's Court money may be paid into the
Treasury without the intervention of the "Magistrate's Accountant"
who need not register the claims before payment and no register of challans
need be kept.
Rule - 272.
Any
person desirous of paying money into the Treasury or in the case of collections
made by any officer, the officer who has realized the money, shall be furnished
free of cost with three forms of challan (Accountant-General, Bihar Form no.
186 of Schedule LIII) in each of which he must enter in English the particulars
required from him.
Note-In
the case of Deposit challan care must be taken to enter fully the nature of the
deposit, the number of the case (if any), the name of the person on whose
behalf the money is paid or the person to whom it is to be paid over, etc.
Rule - 273.
Peremptory
receipt under head (h) of rule 267 shall be tendered to the Cashier direct
without the intervention of the Accountant. A challan is not required in
respect of such payments.
Receipt of money by Cashier
Rule - 274.
The
Cashier on receiving money under rule 9 shall accept it and enter the amount as
a receipt in the cash-book (Form no. 46 of Schedule XIV, Board of Revenue
Forms).
Rule - 275.
On
presentation of the challan (in triplicate) at the Treasury and on payment of
the money, the payer shall receive, as an acknowledgment, one of the three
challans signed by the Treasury Officer if the amount be Rs. 500 or more, by
the Accountant and Treasurer if less than that sum. Of the two copies of the
challan retained by the Treasury Officer, one copy shall be forwarded to the
Magistrate-in-charge together with the Advice Lists referred to in rule 295.
Note-
In the case of the District Magistrate's Court money may be remitted to the
Treasury without the intervention of the "Magistrate's Accountant".
Rule - [276.
When
money is tendered under rule 273, the Cashier shall enter the amount in a bound
book of receipts numbered in serial order (Form No. 511 of Schedule XIV, Board
of Revenue Forms). The entries shall be made in duplicate by carbon. He shall
then tear off the original, sign it and give it to the payer as his voucher.
The carbon copy shall be retained in the bound volume.]
Rule - 277.
The
Cashier's General Cash-Book shall be maintained in Form no. 46, Schedule XIV
and shall exhibit in detail all receipts, repayments and remittances to the
Treasury.
Rule - 278.
The
Cashier shall then strike a balance in words as well as in figures in his
General Cash-Book. He should be required also to enter here a note of the
moneys held by him upon any other accounts, such as for contingent expenditure.
These form no substantive part of the judicial accounts, but the District
Magistrate ought to have in a single view a statement of all the money in the
Cashier's possession. This statement may be made as follows:-
|
Balance of
General Cash-Book as above-
|
|
Rs. P.
|
|
General balance
|
...
|
0 0
|
|
Balance of
permanent advance as per Contingent Register.
|
...
|
0 0
|
|
Other amounts
(which should be explained)...
|
...
|
0 0
|
|
Total money in Cashier's
possession...
|
...
|
0 0
|
|
|
|
|
CHAPTER
III PAYMENT OF MONEY APPLICATION FOR PAYMENT
Rule - 279.
Persons
desiring to draw money deposited in Court, and payable to them, shall submit to
the chief ministerial officer of the Court under whose order the money was
tendered, an application in Form no. (A) 2, Criminal. One copy of such form
shall be supplied free of charge. In this form the applicant shall enter all
particulars necessary for the identification of the credit. If it is intended
to withdraw more than a single item of deposit made in the same case by one
application, the number or date and amount of each deposit must be distinctly
stated. Separate applications are necessary when cases are different. [G.L.1/
65]
Note
1-If the party entitled to the money does not appear in person, the applicant
must satisfy the Court that he is duly authorized, by an instrument in writing,
to draw the money for the person so entitled.
Note
2- The applicant must comply strictly with the terms of the order under which
the money is claimed.
Note
3-Where impounded cattle are sold, if application for the refund of the sale-proceeds
be made within three months from the date of sale, vide Act I of 1871, section
17, while the proceeds are held in deposit, the refund can conveniently be made
in Form no. (A)2, the particulars in Part I being filled up in the Court. All
such deposits unclaimed within three months from the date of sale should be
regularly withdrawn by the District Magistrates and paid by transfer to the
credit of the Local Fund, an advice being sent simultaneously to the Local
Body. If in any particular case difficulty arises in affording credit to the
Fund by the above process, the money may be remitted to the party by money
order. The District Magistrates are required to furnish along with the monthly
criminal court deposit registers a certificate to the effect that all deposits
on account of sale of impounded cattle that remained unclaimed within three
account months from the date of sale have been paid to the Local Fund
concerned.
AUDIT OF APPLICATION
Rule - 280.
(a)
The chief ministerial officer shall compare the
application with the record of the case and carefully test the validity of the
claim. If he finds that the name of the payee has been correctly given, and
that there is no objection to the payment of the money on the ground of
attachment or otherwise, he shall sign the certificate at the foot of Part I of
the application. The application will then be laid before the Presiding Officer
along with the record of the case. The Presiding Officer after any enquiry that
may be necessary about the identity of the claimant, shall sign the certificate
in Part I in open court and hand the certified application then and there to
the claimant or his pleader for presentation to the Accountant. At the same
time a note of the issue of the payment order shall be made (in red ink) in the
order sheet of the original case and initialed by the Presiding Officer. And an
endorsement shall be made on the back of the application and signed by the
Presiding Officer to the following effect:-
Certified
by me and issued to the applicant, who is identified by Shri
............................ ............................, Pleader or to Shri
................................. the applicant's pleader who acknowledged his
signature on the face thereof. The issue of this payment order has been noted
on the order sheet of Case no ............................. of
..............................
(Signed X. Y.)
(Name and designation.)
(b)
The Accountant shall compare the contents of the
application with the Register of Deposit Receipts, and shall satisfy himself
that the amount as shown has been received and is still unpaid and that the
name of the claimant corresponds with the name of the payee entered in the
register and that no order for the attachment of the money is in force. If the
deposit has been transferred to the Clearance Register (rules 309 and 310),
such Clearance Register shall be deemed to be the Register of Deposit Receipts
within the meaning of this rule and rules 283 to 286.
Modified
Note-The chief ministerial officer will note in the order-sheet of the record
of the case that the application for payment order has been passed so that a
second claim for the amount may be checked. This note should be signed by the
chief ministerial officer and also by the Presiding Officer.
Rule - 281.
If
the record of the case has been dispatched to the record room of the District
Magistrate under the orders of the High Court relating to the periodical
dispatch of records by Subordinate Judicial Officers, the Presiding Officer of
the court, to which the application is made, shall forward it to the District
Magistrate, whose Record-keeper will certify, under counter signature of the
Magisterial Officer-in-charge of the Record-room, that a specified sum of money
is due to the applicant. On receipt of such certificate the chief ministerial
officer of the subordinate court, if he finds that there is no objection to the
payment of the money, shall sign the certificate at the foot of Part I of the
application and then lay it before the Presiding Officer who shall deal with it
in the manner prescribed by rule 280.
Note-
The Record-keeper will enter in the order-sheet of the record of the case a
note that an application for payment order has been counter-signed, so that a
second claim for the amount may not be passed. This note shall be signed by
that officer and also by the Magisterial Officer-in-charge of the Record-Room.
A
similar note shall also be endorsed at the same time on the back of the
application for the information of the Presiding Officer.
Rule - 282.
If
the application for payment is found to be incorrect or defective the
Accountant shall note the error or defect, and return it to the applicant for
correction by him, or for reference by the applicant to the court.
PAYMENT ORDER AND REGISTRY
Rule - 283.
If
the application is found to be correct, and the deposit has not lapsed, the
Accountant shall fill up the second part of the application form, post the
transaction in the Register of Payment Order [Form No. (A 9], numbered with its
proper index number, and make the requisite entry in the Register of Deposit
Receipts. Finally, the application, with the Register of Payment Orders and the
Register of Deposit Receipts, shall be laid before the Magistrate-in-charge.
APPROVAL BY MAGISTRATE-IN-CHARGE
Rule - 284.
Before
passing the application for payment, the Magistrate-in-charge is required to
satisfy himself in the first instance, that the requirements of rule 280 have
been complied with. He shall further satisfy himself by personal inspection of
his Register of Deposits that the balance of credit of the particular deposits
is sufficient to meet the repayment, and that no order for the attachment of
the money has been noted. If the result of his scrutiny is satisfactory, he may
sign the order for payment of the amount from the local Treasury as prescribed
in rule 270 and shall attest with his initials the note of the order of
repayment made in the Register of Deposit Receipts. He shall also initial the
entries in the Register of Payment Order [Form No. (A) 9]. The Payment Order
shall then be made over to the applicant for presentation to the Treasury
Officer.
Rule - 285.
When
the money sought to be drawn out of Court is in deposit, not in the Court to
which the application is made, but in another Court, as for example, where two
or more Courts at one station are combined for the purposes of accounts, in
every such case the duty of the Court to which the application is made shall be
merely to receive such application and forward it to the Court of the Magistrate-in-charge,
with a certificate, made after examination of the record, as provided in rule
280, that the applicant is the proper party to receive payment of the amount
claimed. In any case in which the amount has been transferred from the credit
of the original payee to that of the claimant this face should be stated. This
certificate shall be compared with the Deposit Register in the office of the
Magistrate-in-charge. Such register, if the sum is shown therein to be in
deposit, will inform the Magistrate whether there is any bar to payment. If
there is no such bar the payment order may be issued by the
Magistrate-in-charge, and the fact of its issue shall be communicated to the
Court upon whose certificate the application was passed, in order to enable it
to enter satisfaction for the amount upon the record of the case.
Note-The
certificate should be given on the payment order, that is to say in the
tripartite Form no. (A) 2, Criminal, at the foot of Part I, in the place
intended for it; and, in recording the payments in the Register of Repayments,
particulars may be entered as to the Court under whose orders the payments have
been made (Accountant-General's no. 311-T.B., dated 5th September 1881, read
with his no. 42-T.M., dated 28th April 1882).
LAPSE OF ORDER
Rule - 286.
(a)
An order for payment from the local Treasury is valid for
ten days only, and may not be cashed after the expiry of ten clear days
subsequent to the date thereof. An order which has not been paid within ten
days, as aforesaid, may be presented to the Court which issued it, and such
Court may re-enface thereupon a new payment order, which shall remain valid for
ten clear days immediately after the date thereof. When the last day of any
such period of ten days is a day on which the Treasury is closed, the order may
be cashed on the day on which such Treasury re-opens.
(b)
When such order as aforesaid, is for a sum exceeding
Rs.100 it should be included in a "Daily Advice List" in Form no. (A)
5, Criminal, to be issued by the Court making the order to the local Treasury
where the cheque is to be paid.
(c)
When the Treasury accounts are closed on the 31st day of
March in each year every order for payment issued on or before that date shall
lapse absolutely; and Treasury Officers are forbidden to cash after the 31st
March orders issued on or before that date. An order which has lapsed under
this clause cannot be renewed but a new order may be obtained upon delivering
up the old order and making a fresh application under rule 279.
Note-Magistrates
should warn persons who apply for orders at the end of March of the effect of
this rule, and tell them to wait till April 1st unless they mean to cash
immediately any order that they may obtain.
(d)
Immediately after the 31st day of March in each year, the
Magistrate-in-charge shall ascertain what payment orders issued on or before
that date are still uncashed; and shall mark them off under his initial in the
Registers (1) of payment order and (2) of deposit receipts, as
"cancelled" under rule 286 (c).
Rule - 287.
(1)
When an application is made to draw money at credit under
a deposit which has lapsed under rule 314 but the payment of which is otherwise
unobjectionable, the application shall be made in Form no. (A) 2 and the
procedure prescribed in rule 280 above shall be followed; after which the
Accountant shall prepare a special form of application in Form no. A (3),
Criminal which, when passed by the Magistrate-in-charge, after the examination
prescribed by rule 284, shall be dealt with under rule 317.
(2)
At the time of passing the application in Form no. (A)3
the Magistrate-in-charge shall have an endorsement written on the back of the
application in Form no. (A)2 to the following effect:-
"Certified
that an application to the Accountant-General in Form no. (A) 3 has been
prepared and passed by me on (date).
(Signed) X. Y.
Magistrate-in-charge."
LAPSED DEPOSITS
REFUNDS UNDER HEADS (B) TO (G) OF RULE 267
Rule - 288.
(a)
When an application is made for the refund of a fine or a
miscellaneous receipt [heads (b) and (d) to (f) of rule 267] the payment order
shall be prepared by the Accountant in Form no. (A) 4 after checking the
application by a reference to the fine. Register or Miscellaneous Receipt
Register (rule 320) and the Magistrate-in-charge at the time of passing the
refund order, shall note the repayment against the entry of the receipt in such
register. The payment order shall also be noted in the Register of Payment
Order [Form no. (A) 9] and initialed by the Magistrate-in-charge.
(b)
When an Appellate Court orders a fine to be refunded, it
shall be the duty of the Court which imposed the fine, immediately on receipt
of the Appellate Court's order for the refund, to prepare a payment order on
the Treasury, if the fine has been levied, attaching a copy of the Appellate
Court's order thereto, and to deliver it to the payee, whether he applies for
it or not with instructions to duly receipt the bill and present it for payment
at the Treasury. In such cases no written application shall be required from
the payee; and should such an application be made, it shall be exempted from
stamp-duty by virtue of the notification of the Government of India, no.
3389-S.R., dated the 6th August, 1896.
(c)
The same procedure shall also be followed in respect of
cases dealt with on revision.
(d)
In cases in which a sentence of fine passed by a
Magistrate is confirmed by a Court of Session, but set aside by the High Court
on revision, it shall be the duty of the Sessions Judge to whom the order of
the High Court is certified immediately to appraise the Magistrate concerned of
the order of the High Court by sending him a certified copy of such order.
Note-Compensation
fines are repaid under the procedure laid down in rule 279 of this part.
REFUNDS OF CRIMINAL DEPOSIT WHEN THE AMOUNT DOES NOT
EXCEED Rs. 100
Rule - 289.
Notwithstanding
anything contained in the rules in this Chapter, refunds of criminal deposits
or amounts deposited in excess where the amount involved does not exceed Rs.
100 may be paid by postal money-order subject to the following rules:-
(1)
On receipt of a refund order passed by the District
Magistrate or other officer concerned, the Treasury Officer may, at his
discretion, issue a notice (a) inviting the person to whom the refund is to be
made, to receive payment at the Treasury; and (b) intimating that on failure to
comply with the invitation within one month (or such longer period as may
appear necessary) the amount of the refund will be remitted to the payee by
postal money-order at his expense.
(2)
When the payee appears in person at the Treasury, the
Treasury Officer should see that no avoidable delay occurs in getting the
voucher for the refund signed by the payee who may then receive the payment
personally or by a duly authorized agent, or by money order at his own expense.
(3)
When a money-order is issued under clause (d) of the
notice referred to in rule (1), the purpose of the remittance should be stated
briefly by the Treasury Officer on the acknowledgment portion of the
money-order form in continuation of the printed entry there "Received the
sum specified above on ..................................." sufficient
space being left below the manuscript entry thus made for the signature or
thumb impression of the payee. The amount of the money-order should not be remitted
in cash to the post office but the Treasury Officer should send a money-order
form duly filled in together with a certificate that the amount of the order
and the money-order fee thereon have been credited to the Post Office in the
Treasury accounts by per contra transfer. The Post Office will accept the
money-order on the authority of the Treasury Officer's certificate.
(4)
On receipt of the money-order acknowledgment duly signed
by the payee, it should be attached to the usual receipt in form 13 or 31 as
the case may be, in which the full amount of the refund and the deduction made
therefrom on account of the money-order fee should be shown clearly; the
receipt will then be disposed of in the usual way. The Accounts Department will
accept such voucher with the money-order acknowledgment as a valid receipt for
the full amount of the refund entered therein.
Rule - 290.
In
so far as it concerns the accounts system, it is invariably necessary to trace
each item of payment under the Court's orders back to its corresponding item of
receipt; in other words, to connect each item of a Court's debit in the
Treasury with the corresponding item of credit, however far in time the two may
be separated from each other. Accordingly the Court must take care to furnish
itself and the Treasury with the necessary particulars for this purpose.
CHAPTER
IV COURTS NEAR TREASURIES
Rule - 291.
The
Nazir shall, after the close of business each day, make the proper entries in
the Treasury Pass Book (Form no. (A) 10] showing in detail the sums received
from the public in cash.
Rule - 292.
Every
challan for money received under heads (a) to (g) shall be shown in detail in
the pass-book, and the head of account shall be noted against each, so as to
enable the Treasury Officer to bring the transactions in detail upon his books,
and classify them correctly.
Note-It
is necessary to show in the pass-book the totals only of each challan. Each
challan may contain any number of items provided they belong to the same head
of account.
DAILY REMITTANCE
Rule - 293.
The
balances of the Cashier's account in respect of diet money and other peremptory
receipts should be observed every day by the Magistrate-in-charge in passing
the General Cash-Book. To prevent excessive accumulations under this head, the
Magistrate-in-charge shall fix the amount which the balance in the hands of the
Cashier shall not be permitted to exceed. He shall for this purpose regularly
transfer to deposit such amount as will keep down the balance within the limit
prescribed. Should the money be subsequently required it shall be withdrawn
from deposit in the manner described before and credited in the General
Cash-Book. If such sums remain in deposit for three years they must be carried
to credit of Government under rule 314 relating to lapsed deposits.
Note-
Challans for such deposits should be kept in a guard file.
Rule - 294.
(a)
Having initialled the accounts of the day and signed the
cash-book, the Magistrate-in-charge shall send the pass-book to the Treasury* together
with the net amount in cash and all the challans. This remittance must be
entered in the cash-book as a payment of the day upon which it is made.
(b)
It is important that this be done before the business of
the new day commences, and the Cashier should have in hand, after each such
remittance, only the balance of the peremptory cash transactions and the other
balances referred to in rule 278.
TREASURY ADVICE LIST
Rule - 295.
At
the close of business each day, the Treasury Officer shall prepare Advice List,
in Form (A) 6 of all such challans and payment orders of the
Magistrate-in-charge as have been brought upon the Treasury Accounts in the
course of the day, and shall forward them to such Magistrate-in-charge together
with the challans referred to in rule 275. In these lists shall be entered in
details such challans and payment orders as have been received or paid at the
Treasury or Sub-Treasury in cash.
Note-
It the District Magistrate's Court is close to the Treasury, so that the
Magistrate's registers referred to in rule 297 can be sent daily to be compared
and initialed by the Treasury Officer, this procedure may be adopted in lieu of
the Daily Advice List, if found more convenient.
Rule - 296.
The
list prepared at the Sadar Treasury for the District Magistrate shall include,
besides the money received and paid on account of the Magistrate's own Court,
those transaction also which belong to his subordinate courts.
COMPARISON BY MAGISTRATE
Rule - 297.
On
receipt of this Advice List, the Magistrate-in-charge shall cause the
particulars of the payment orders shown in it to be compared with the details
recorded in his Register of Payment Orders (Form no. (A)9], and shall further
cause the date of actual payment as certified by the Treasury Officer, to be
entered in the column prescribed for that purpose.
Rule - 298.
These
entries must be initialed by the Magistrate-in-charge when he checks the
posting in the Deposit Registers, as prescribed in rule 36.
CHAPTER
V DEPOSIT AND REPAYMENT REGISTERS SEPARATION
OF PETTY DEPOSITS
Rule - 299.
Two
Registers of Deposit Receipts shall be kept in Form no. (A) 11 and two of
Deposit Repayments in Form no. (A) 12. One of these shall be termed the
Register of a Deposits, and there shall be entered therein all deposits
originally exceeding Rs. 5. The other shall be termed the Register of B
Deposits, and there shall be entered therein all deposits not originally
exceeding Rs. 5. Both registers shall be kept in the same form and shall be
posted in the same manner but with separate series of number (see next rule)
distinguished by the initial letters A and B, respectively.
POSTING
Rule - 300.
As
soon as the Treasury Advice List is received (rule 295), the Deposit Register
will be posted for the date to which it refers. The transactions shall be
written up from the Advice List, Challans and Register of Payment Orders.
Note-The
date of granting the payment order should be entered in the repayment columns
in the Register of Deposit Receipts, and the date of actual payment in column 4
of the Register of Deposits Repaid.
REGISTERS OF RECEIPTS
Rule - 301.
All
items of deposit in these registers must, as directed above, be numbered in an
annual consecutive series of numbers commencing on 1st April and ending with
the last day of March in each official year. Only the first eight columns shall
be filled in at first, the other columns being intended for the record of
subsequent repayments.
NOTES OF CLAIMS, ETC.
Rule - 302.
As
it is important that the Deposit Registers in the Accounts Department should
set forth in respect of each item all information necessary in order to deal at
once with applications to draw money, all attachment processes and all orders,
as to the substitution of parties which affect money in deposit, shall be noted
at the time in the Deposit Register. The Office Superintendent or some other
specified subordinate under his supervision, shall be made responsible for this
duty.
Note-Whether
the Office Superintendent's responsibility is or is not to end with the
communication to the Accountant is a matter left to the discretion of each
Court, but some specific order should be recorded.
REGISTERS OF REPAYMENT
Rule - 303.
The
Register of Deposit Repayments [Form no. (A) 12] shall be posted from the
Treasury Advice List and the Payment Order Register as directed above.
Rule - 304.
(a)
The Registers of Deposit Receipts and Deposit Repayments
in Courts at a Sadar station shall be totaled and closed on the last day of
each month upon which the Sadar Treasury remains open, in such a way that the period
and the transactions included in the Court's books and returns may correspond
exactly with those included in the Treasury books and returns.
(b)
Care must be taken to make the final remittance to the
Treasury in such time that it may be entered in the accounts of the Treasury
for the month to which it belongs.
|
(c) In each of
the Registers of Deposit Receipts prescribed by rule 299, a plus and minus
memorandum must be drawn up at the end of the month' entries in the following
terms:-
Balance of
Deposits from last month
|
...
|
...
|
...
|
....................
|
|
Received during
the month, as per Register
|
...
|
...
|
....................
|
|
TOTAL
|
...
|
.....................
|
|
Repayment, as
per Register
|
...
|
...
|
...
|
...
|
.....................
|
|
Balance of
Deposits at end of month
|
...
|
...
|
...
|
......................
|
|
|
|
|
|
|
CHAPTER
VI CONTROL OVER SUBORDINATE COURTS
Responsibility
Rule - 305.
Every
Magistrate is responsible for all payments of deposits made on his certificates
or under his orders. In the case of receipts and payments of petty or B
Deposits, no detailed check is exercised over his proceedings the accounts
which he is required to render of these showing totals only. In the case of A
Deposits, however, all sums received and not paid out during the month in which
they have been received and the balance of such of these deposits as have been
partly paid out, must be reported to the District Magistrate, and must be
included in that officer's accounts, and in his return to the
Accountant-General.
CHAPTER
VII DISTRICT MONTHLY RETURN'S RETURNS OF DEPOSITS RECEIVED
Rule - 306.
On
the 12th of each month an Extract Register of Deposit Receipts exceeding Rs. 5
shall be prepared by the District Magistrate in Form no. (A) 8 and forwarded to
the Treasury Officer for transmission after a comparison with his cash
accounts, to the Accountant-General. This Extract Register will be a copy of
the entries made during the month in his Register Form no. (A) 11 and will
contain all such items of more than Rs. 5 each as were deposited in his own Court,
and in courts subordinate to him, omitting all those which were wholly repaid
during the month and showing, in the case of those partially repaid during the
month, the unpaid balance only. The Sadar Court entries should appear first,
then after a line or break,-the entries of each Subordinate Court separately
headed by the name of the Subordinate Court. At the foot of this register,
deposits received and repaid during the month, and deposits received for sums
of Rs. 5 each and less, are to be shown in separate totals for each Court
without details. This Extract Register should be dispatched punctually on the
12th of the month, unless in the case of the larger districts a later date is
fixed. The whole of the entries for each Court should be consecutive and
separated from those of the other Courts by a space and heading.
Returns of Deposits Repaid
Rule - 307.
A
monthly extract from the Register of Deposit Repayments in Form no. (A) 12 of
sums above Rs. 5 shall be forwarded in the same Form by the Magistrate to the
Treasury Officer for transmission, after comparison with his lists of payments,
to the Accountant-General. The District Magistrate shall include in this
extract (1) the details of repayments on account of deposits of previous
months, whether made in his own Court or in the Subordinate Courts, (2) a
single total for each Court of the repayment of the current month's deposits,
whether made at the District or Subordinate Courts which must agree with the
total of receipts on the same account, (3) the total for each Court of the
repayments on account of deposits of Rs. 5 and less received during the year of
account and the year next preceding.
Like
the Extract Register on Receipts, this return will keep each Court's entries in
separate series. The extracts will be prepared on the same printed form as the
register, and should be posted as shown below, columns 7 and 8 of the printed
form not being used:-
|
Details of
Deposits.
|
Dates as to
present repayment
|
|
Received during
current year.
|
|
Date of receipt
|
Number as per
Register of Receipt
|
Amount or
balance of deposit
|
Date of cashing
payment order whether at Court's or at Treasury.
|
Date of granting
payment order as per Court's register
|
Number of
payment voucher
|
Two whom paid
|
Received in all
previous years
|
Received last
year.
|
Previous months
|
Current month.
|
Initials of
Acco-
untant
|
Initials of
Magistrate-in-charge
|
Rem-
arks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
|
7th September
1898. 3rd January 1901. 7th. June 1901.
|
|
Court A Rs.P.
15.50 6.78 108.62
|
3rd September
1901.
|
2nd September
1901.
|
176
177
|
|
Rs.P.
15.50
|
Rs.P.
6.78
|
Rs.P.
|
Rs.P.
|
|
|
|
|
|
3rd September
1901.
|
178
|
|
|
|
108.62
|
|
|
|
|
|
|
|
|
Total...
Add-Re-pay-ment of deposit of current month. Add- B Deposits repaid.
Total-Court A.
|
15.50
9.37
|
6.78
3.50
|
108.62
9.19
|
29.73
6.19
|
|
|
|
|
|
|
|
|
|
|
24.87
|
10.28
|
117.81
|
35.92
|
|
|
|
Rule - 308.
(a)
A plus and minus memorandum in the form given below but
including the figures of the Subordinate Courts, as well as those of District
Magistrate's own Court, shall be appended to the Statement of Deposit Receipts,
prescribed in rule 306:-
|
Rs. P.
Balance of last
month
|
...
|
|
Amount of A
Deposits received during the month.
|
Repaid during
the month Not repaid during the month
|
|
Amount of B
Deposits received during the month.
|
Repaid during
the month Not repaid during the month
|
|
|
Total
|
|
Amount of A
Deposits repaid during the month.
Amount of B
Deposits repaid during the month.
|
Received in all
previous years
Received last
year Previous Received during the current months, year. Current month.
Received during
19-19
Received during
19-19
|
|
|
Total
|
BALANCE OF DEPOSITS OUTSTANDING
Certificate
Certified
that, on a comparison of Treasury advices with the postings therefrom in the
Registers of Payment Order, of Deposit Receipts, and of Repayment, the amounts
entered above as received and paid are correct.
Note-The
repayments of B Deposits received in the year of account and in year next
preceding, should be shown separately.
(b)
This plus and minus memorandum is to show as repayments the
actual repayments at the Treasury, and is further to show the Treasury balance
outstanding.
Note-It
will be found convenient to keep in a separate register a copy of this plus and
minus memorandum, with further memoranda of the details from which the figures
have been arrived at. It is important that there should be no difficulty at any
time in reconciling the figures of the Court with those of the Treasury.
CHAPTER
VIII ANNUAL CLEARANCE
REGISTER OF DEPOSITS2
Clearance Registers
Rule - 309.
(a)
At the end of each year the Registers of A Deposits
received in the next preceding year shall be closed by transcribing into the
last column, headed
"Transferred
to Clearance Register" every balance which exceeds Rs. 5. An annual
Clearance Register shall then be drawn up in Form no. (A) 13 showing all these
balances against their original numbers-showing in other words, all the unpaid
balances of a Deposits of the preceding account year next but one. For example,
the Clearance Register of April, 1903 will show all unpaid balances of A
Deposits in 1901-02.
(b)
Of balances which do not exceed Rs. 5 a separate list
shall be made out under rule 314 below.
Rule - 310.
The
items in this account having been carefully compared with the corresponding
balances in the original Register of Deposits received, Form no. (A) 11, the
last named document shall be laid aside and future repayments recorded only on
the Clearance Register.
Note-If
against any of the items transferred to Clearance Register a repayment order
has been issued and cancelled under rule 286 (c) a note to that effect must be
made in the Clearance Register, so that if application for repayment is again
made, an order may not be issued without recalling the original cancelled one.
RETURN BY DISTRICT MAGISTRATE
Rule - 311.
The
Clearance Register of the District Magistrate necessarily includes the items of
the Subordinate Courts, and a copy of it shall be sent to the
Accountant-General. The due date for its dispatch shall be the 30th April.
VERIFICATION OF PETTY DEPOSIT BALANCE
Rule - 312.
In
order to verify the balance of B Deposits each Court shall make a list of the
unpaid balances of receipts of the past twelve months, and by actual summation
of these balances, find the total amount outstanding on account of the past
year's deposits. Each Court is required to submit along with the Clearance
Register of A Deposits, a certificate that the balance of B Deposits of the
past year has been found by actual summation to be Rs
.............................................
Rule - 313.
The
balance found under the last rule, together with the total of the list prepared
under rule 314 (2), must equal the total balance of petty deposits on March 31
and must be so verified by each Court with the forward balance in the plus and
minus memorandum.
CHAPTER
IX Lapse of Deposits
Rule - 314.
On
the 31st March of each year, the following unpaid balances of deposits lapse to
Government, and are to be written off in the Clearance Registers and Registers
of Receipts respectively :-
(1)
Of A deposits, first, all balances which do not exceed
Rs. 5 in respect of deposits made during the last three years including the
year then closing; secondly, all balances of deposits outstanding over three
complete years, that is, all balances in the Clearance Register prepared two
years before.
These
balances should be marked "lapsed" in the last column of the Register
of Receipts or the Clearance Register, as the case may be.
(2)
Of B deposits, first, all deposits outstanding over one
complete year; secondly, all balances of deposits which are remaining after
part payment during the year. These balances are to be marked
"lapsed" in the last column of the Registers of Receipts.
Example.-The
balances which lapse on the 31st March, 1931, are-
(a)
all balances of A Deposits received in 1927-28.
(b)
all balances of A Deposits received in 1928-29, 1929-30
and 1930-31, which do not exceed Rs. 5 after repayments made during 1930-31;
(c)
all outstanding B Deposits received in 1929-30;
(d)
all balances of B Deposits received in 1930-31, which
have been partly repaid in 1930-31.
Rule - 315.
Four
statements of the balances to be written off shall be prepared in Form no. (A)
7. One for each of the four classes (a), (b), (c) and (d) is specified in the
example under rule 314. These statements shall be submitted along with the
Clearance Register. The District Magistrate's statements must include, under
the District Magistrate's numbers, the lapsed balances of A Deposits the
Subordinate Courts.
Note-The
note under rule 310 applies to these statements of Lapsed Deposits also.
CORRECTION OF BALANCE
Rule - 316.
These
statements must all be submitted during April, and the totals thereof must be
deducted by a separate entry from the plus and minus memorandum drawn up at the
end of April, so that the plus and minus memorandum may show only the balance
actually outstanding upon the Registers of the Court concerned.
REFUND OF LAPSE DEPOSITS
Rule - 317.
In
the case of payment of a deposit lapsed under rule 314 the application prepared
by the Accountant in Form no. (A) 3 under rule 287 shall after examination by
the District Magistrate be forwarded to the Accountant-General Several deposit
numbers may be included in a single application, if they are payable to the
same person. The Accountant-General's letter of authority, when received, shall
be noted against the items in the Clearance Register or original register in
case of deposits not transferred to the Clearance Register, so as to prevent a
second application. This letter shall then be passed for payment at the
Treasury, as prescribed in the form. No other record of these refunds is
necessary; and such payments are not to be shown in the plus and minus
memorandum.
Rule - 318.
If
the letter of authority received from the Accountant-General is not claimed by
the payee within twelve months from the date thereof, it shall be returned to
that officer.
CHAPTER
X SUPPLEMENTARY RULES AS TO RECEIPTS UNDER HEADS (B) TO (G) OF RULE 267 FINES
UNDER HEAD (B) OF RULE 267
Rule - 319.
The
procedure for Magistrate's Courts in respect of the realization and refund of
fines is prescribed by the orders of the Bengal Government, published in 1896
and produced in Appendices IV and V annexed to these rules. The rules of the
Account Code, which prescribe a monthly statement to be sent by Subordinate
Magistrate to the District Magistrate and by the District Magistrate to the
Accountant-General are reproduced in Appendix VI.
Note-The
monthly statement should continue to be sent in the form now in use
(Accountant-General's no. 122-A, dated the 22nd April, 1881).
Rule - 320.
Every
Magistrate-in-charge shall maintain a Register of Miscellaneous Receipts in
Form no. (A) 14. In this Register all receipts are to be posted which do not
come under head (a) (Deposits) or head (h) (Peremptory Receipts) of rule 267.
The entries shall be made and checked in the same way as the entries in the
Register of Deposit Receipts of the Subordinate Courts. The amounts of petty
receipts under (f) and (g) are to be shown only in a single total for each day.
Note-No
register of stamp duty and penalties need be kept by the District Magistrate.
There is no refund of Court-fee stamps in the District Magistrate's Courts.
CREDITS TO GOVERNMENT
Rule - 321.
It
is the duty of every Magistrate to see that sums which are in deposit, but
which under any rule or law are forfeited or become the property of Government
are duly credited to Government. In every such case there shall be prepared
simultaneously (1) a Payment Order addressed to the Treasury Officer and directing
payment of the deposit "by transfer as per challan no. of this date,"
and (2) a challan crediting it to the proper head. Such payment order shall be
registered.
Rule - 322.
With
regard to unclaimed property it will be seen that Register no. (A) 14 deals
only with receipts under this head which have remained in deposit for the
prescribed period. A Register showing the property in detail must be kept in
Criminal Courts in the form prescribed in the rules for Court Inspectors (vide
Police Manual Form no. 19).
Rule - 323.
Under
head (e) (other general fees, fines and forfeitures) of rule 267 shall be
comprised all receipts not falling within any of the other principal heads of
receipt, e.g., forfeiture of earnest money, etc.
Rule - 324.
Receipts
under the head of account, mentioned in rule 323 are at once credited at the
Treasury to Government. They are not to be retained intermediately in deposit
either at the Court or at the Treasury.
MONTHLY RETURNS
Rule - 325.
At
the close of the month every Magistrate-in-charge shall prepare a list in Form
no. (A) 14 of all the miscellaneous receipts, paid by him into the Treasury,
Subordinate Courts shall forward their lists in duplicate to the District
Magistrate, and the District Magistrate shall add the totals of these lists at
the foot of his own list, and appending one of the copies received by him from
each Subordinate Court shall forward the whole to the Accountant-General for
check against the Treasury accounts.
Note-As
regards fine in Magistrates' Courts, this is done under separate set of rules.
CHAPTER
XI MISCELLANEOUS
Accountant and Cashier
Rule - 326.
In
carrying out these rules care must be taken by all Judicial Officers, that, in
respect of each transaction in Court, distinct officers are employed as
Accountant and Cashier. In other words, the same officer shall not keep the
Registers of Payment Orders, Deposit Registers, etc., and also receive the
money.
Rule - 327.
Every
Judicial Officer shall keep his account in English; and it must be distinctly
recorded by him whether the Office Superintendent is or is not responsible for
a general control and supervision over the Accountant.
Rule - 328.
Manuscript
Account forms are prohibited. All accounts books should be paged before they
are brought into use.
DAILY EXAMINATION OF ACCOUNTS
Rule - 329.
The
Accounts and Registers of which list is given in appendices I and II annexed to
these rules, must be compared daily by the Magistrate-in-charge, and this rule
is on no account to be neglected, as its observance is essential to the
integrity of the transaction and the correctness of the books. The notes at
foot of the forms indicate how the verification is to be made.
APPENDIX I
LIST OF REGISTERS TO BE COMPOUND DAILY BY
MAGISTRATE-IN-CHARGE
|
For Judicial Officers
Kept By The Cashier. Kept By The Accountant
|
(1) Register of
Payment order
|
|
Form no. (A) 9
|
|
(2) Register of
Judicial deposits received, Part I Part II
|
|
Form no. (A) 11
(i) and (ii)
|
|
(3) "
" repaid, Part I Part II
|
|
Form no. (A) 12
(i) and (ii)
|
|
(4) Register of
Miscellaneous Receipts
|
...
|
Form no. (A) 14
|
|
(5) Clearance
Register of A Deposits
|
...
|
Form no. (A) 13
|
|
(1) General
Cash-book
|
...
|
Form no. (A) 16
|
|
(2) Counterfoils
of receipts granted by Cashier for peremptory Cash Receipts
|
...
|
Form no. (A) 15
|
|
(3) Treasury
Pass-book
|
...
|
Form no. (A) 10
|
APPENDIX
II
TRANSACTIONS AT
TREASURY
Comparison of Treasury Advice with postings
therefrom in the Registers of Payment Orders, of Deposit Receipts and
Miscellaneous Receipts. Comparison of Treasury Advice with Treasury Pass-Book.
MAGISTRATE'S MONTHLY
EXAMINATION OF ACCOUNTS
1.
The
proper closing and totaling of all Registers.
2.
Comparison
of outgoing Statements with Office Registers.
3.
Comparison
of plus and minus memorandum with totals of Registers.
4.
Ascertainment
and verification of outstanding Payment Orders.
APPENDIX III
LIST OF RETURNS
|
FROM THE
DISTRICT MAGISTRATE THROUGH THE TREASURY OFFICER
|
|
Extract Register
of Deposit Receipts with plus and minus memorandum effaced (Rules 306 and
308).
|
...
|
Monthly.
|
|
Register of
Deposit Repayment (Rule 307)
|
...
|
...
|
Monthly.
|
|
FORM THE
DISTRICT MAGISTRATE TO THE ACCOUNTANT-GENERAL DIRECT
|
|
Clearance
Register of A Deposits (Rule 311)
|
...
|
Annually.
|
|
Statement of
Lapsed Deposits of his Court and of the Courts subordinate to him, with
certificates of the examination of B Deposits effaced (Rule 269)
|
|
Annually.
|
|
|
|
|
|
APPENDIX IV
RULES RELATING TO FINES*
1.
A Register of criminal fines in Form no. (A) 17 and another in Form No.
(A) 17-A shall be maintained in the office of every District Magistrate and
Sub-divisional Magistrate for the purpose of keeping an account of all Judicial
fines, and all sums which under any law are realizable as fines. Only one
Register in each of these forms shall be maintained at each office. The Registers
will ordinarily be kept by the Magistrate's Peshkar, who, for the purposes of
these rules, is hereinafter described as "The clerk-in-charge of the Fine
Register". [G.L. 2/59]
Note
1-In these rules the term "District Magistrate" includes a Deputy Commissioner.
Note
2-Fines levied under Act VI (B. C.) of 1870 and creditable to the head
XXIII-Police- Recoveries on account of village police, in (This may now be read
as "Jharkhand")Bihar should be entered in a separate register like
that prescribed for the record of criminal lines [Form no. (A) 17].
These
fines should be excluded from the General Fine Register and from the body of
the return made to the Commissioner and remitted to the treasury for credit to
the head 'XXIII-Police-Recoveries on account of village police' in +Bihar,
vide letter no. 1107-P., dated the 25th March 1937, of the Government of Bihar,
Political Department.
Note
3-For the accounting procedure in respect of fines, penalties, etc., for
offences committed under certain Acts or Statutory Rules or Bye-laws framed
thereunder in the State of Bihar, vide the following Circular
letters- Circular letters no. 5275-F., dated the 29th May 1939, and no.
1107-P., dated the 25th March 1937, of the Government of Bihar.
2. (a) In
the Register of Criminal Fines (A) 17 shall be entered in a consecutive
quarterly series all fines imposed by any of the Magisterial Officers of the
station including Honorary Magistrates and Benches within the jurisdiction of
the station. (For other fines to be entered in this register see rule 5 of
these Rules and rule 4 of the Rules relating to fines imposed by Benches at
outlying stations, see Appendix V.)
(b)
At the end of each quarter the outstanding balance in each case shall be shown
in column 15 of the Register and all the outstanding entries (i.e., those in
respect of which there is a balance in column 15) brought forward in red ink
before the entries for the current quarter are made. The balance in column 15
will be entered in column 6 for the current quarter. The original quarterly
serial number shall be shown below the new quarterly serial number of the
outstanding fines like this:-
3.
Realization during the same quarter in which the fine was imposed shall
be entered in the proper column of the Register of Criminal Fines opposite the
original entry. Realizations of outstanding fines shall be entered against
their red ink entries for the quarter in which the realizations are made. When
more than one realization is made within a quarter in respect of any fine, a
total should be struck in the body of the page. The clerk-in-charge of the Fine
Register after the amount realized in the Register of Criminal Fines shall
submit it to the Magistrate, who will initial the entry of realization.
4.
When any fine or part of a fine is remitted in any quarter subsequent to
that in which it may have been imposed, whether on appeal or otherwise, or
becomes irrecoverable in consequence either of the lapse of six years from the
date of sentence or of imprisonment having been suffered in lieu of fine in the
cases mentioned in rule 11, the amount remitted or lapsing shall be entered in
column 19 under the quarter in which it is so remitted or lapses. When a fine
is remitted in the same quarter in which it may have been imposed, the entry
will be made in the appropriate column (column 19) of the Register of Fines.
5. When
a warrant for realization of a fine is received from the Sessions or any other
Court not under the control of the Magistrate of the district and not being a Magistrate's
Court in another district, the fine shall be entered in the Register of
Criminal Fines, the entry being in black or red ink according as it was imposed
in the current or in any preceding quarter and shall be treated in all respects
as a fine imposed by the Magistrate of the district which the offender has
declined to pay and for the realization of which a warrant has issued.
Note-
If the fine mentioned in this rule was imposed in any previous quarter, it
shall for all purposes be treated as an outstanding fine brought forward in red
ink from the previous quarter.
(a)
In cases in which the Sessions Court itself realizes the
fine it has imposed, it shall prepare the usual warrant for the realization of
the fine and forward it to the Magistrate of the district, with an endorsement
to the effect that the fine has been realized and the fine shall thereupon be
entered in the Register of Criminal Fines.
(b)
When an order of fine is confirmed on appeal, the fine
will continue to be shown in the register in which it was originally entered
and be treated as one imposed by the Court which originally tried the case. If
the fine is enhanced on appeal or a new fine is imposed in modification of a
sentence of imprisonment, the additional fine or the new fine will be entered
in the Register of Criminal Fines of the Court originally trying the case as a
fine imposed by the Appellate Court and for the purpose of its realization,
will be treated as a fine Imposed by the original Court. When a fine is
enhanced on appeal, the entry of the original fine in the Register of Criminal
Fines will remain unchanged, a note being made against it of the order of the
Appellate Court.
(c)
The entries made under this rule may be conveniently
distinguished by prefixing to them in red ink the letters S. or H. C. (Sessions
or High Court).
PROCEDURE ON A SENTENCE OF FINE BEING PASSED
6.
When an offender is sentenced to a fine by a Magistrate or a Bench of
Magistrates at the headquarters of a district or subdivision, a small printed
form, called the fine cheque, shall be at once filled in by the Bench Clerk or
other Bench Officer with the particulars, and sent by him with the person fined
in charge of a constable, to the Nazir, i.e., the clerk who is employed as the
Cashier. [G. L. 2/63, G. L. 4/64]
7.
The printed forms prescribed in the above rule will be bound together
like a cheque book, each book containing 100 forms with the serial numbers
printed on both foil and counterfoil. The foil or outer section will be torn
off and sent with the person fined to the Nazir and the counterfoil retained in
the Magistrate's office. The form should be used by the Magistrate in all
cases, whether the fine is imposed by himself or by the Sessions or High Court.
The counterparts will enable the Register of Criminal Fines to be easily
checked.
8. (a) The Nazir
will call upon the prisoner to pay the amount of fine. If the fine be paid in
full the person fined should be released unless he be also sentenced to
substantive imprisonment. The Nazir will then report the fact to the Court on
the foil received by him from the Bench Clerk. If the sentence be one of fine
only without any imprisonment in default of payment and the fine be paid in
part the prisoner will be released and the Nazir will report the fact on the
foil to the Court which passed the sentence in order that a warrant may be
issued for the realization of the balance. If the sentence be one of fine only
and the fine be not paid at all, the Nazir shall apply for a warrant for the
realization of the whole amount and other necessary orders. No person, not also
under sentence of imprisonment, alternative or otherwise, shall be detained on
account of inability to pay the fine. Where the sentence is one of fine, with
or without a substantive term of imprisonment, but with an alternative sentence
of imprisonment in default of payment of the fine, if the fine be not wholly
satisfied at once, the Nazir shall report to the Court which imposed the
sentence for its orders as to the term of imprisonment proportional to the
amount still unpaid which, under section 69 of the Indian Penal Code, the
convicted person has yet to undergo. In such cases the fact of the payment of
the fine, in whole or in part, should be noted on the warrant of imprisonment
by the Magistrate who issues it. Where however the fine has not been paid, the
fact of non-payment should be noted in the warrant of imprisonment in every
case.
(b)
The clerk in charge of Fine Register who will ordinarily be the Magistrate's
Peshkar, will make the necessary entries in the Register of Criminal Fines. The
foils with the Nazir's report thereon shall be shown to the clerk in charge of
the Fine Register without delay. [G.L. 2/59]
9.
A receipt should be granted to the person paying a fine by the Nazir
in 1[Form no- 511] of Schedule XIV (Board of Revenue Forms.)
Procedure
on realization of fine when the person fined is in Jail
10.
Any payment made during the currency of the term of imprisonment must be
at once reported by the Nazir to the Magistrate, who after satisfying himself
that the necessary entries relating to the payment have been made in the Fine
Register, shall immediately give notice of such payment to the Superintendent
of the District Jail in which the prisoner was first confined after conviction
with a view to the amendment of the sentence of imprisonment or the release of
the prisoner, as the case may be. The fine realization statement shall be drawn
up by the Court in the prescribed form and in the English language and shall be
sent in duplicate, with the Court Seal affixed thereto, to the Jail, the
original being sent on the first opportunity and the duplicate on the following
day. The responsibility of the Court shall not cease until it has received back
the duplicate statement with an acknowledgment from the Jail showing that the
necessary corrections have been made in the release dairy. [G.L. 2/42]
Note-
If the fine is paid before the transfer of a prisoner from the subsidiary Jail
in which he was first confined to the District Jail, the fine realization
statement should be sent to the subsidiary Jail.
IMPRISONMENT IN LIEU OF FINE
11.
In any case when, under any special or local law, imprisonment in lieu
of fine is to be taken as a full satisfaction of the penalty, if the convicted
person is sentenced to undergo the imprisonment, the clerk in charge of the
Fine Register shall at once obtain a certificate from the Court imposing the
sentence that the fine is not to be realized, and the amount of the fine shall,
if entered be struck out of the Register of Criminal Fines. Nothing here laid
down shall interfere with, any special directions of law for the attempted
realization of fine by distress or otherwise before carrying out any sentence
of imprisonment upon the offender.
12. (a) All fines or part
of fines received by the Nazir must be paid in by him daily to the Treasury (or
to the local branch of the State Bank where there is no District Treasury). The
Chalan sent with them should be in detail and accompanied by the Register of
Criminal Fines and at the district headquarters also by the Pass-Book and the
Treasury Muharrir receiving them will check each entry in the Chalan by the
register putting his initials to each in the proper column thereof. [G. L.
4/64]
Note
1-At the headquarters of districts where it is found inconvenient, owing to the
Treasury work being done in a Branch Bank or for other reasons, to send the
Fine Register with the chalan, the chalan should be in duplicate and
accompanied by the Pass-Book as usual. The duplicate chalan duly receipted by
the Treasury is to be given to the clerk in charge of the Fine Register, the
Nazir keeping the Pass-Book, as his acquittance. In subdivisions the chalans
may be in duplicate, and the duplicate chalan will be the Nazir's acquittance
as no pass-book is kept there.
Note
2- In Subdivisions having no treasury, however, the remittance will be made at
convenient intervals.
(b)
Fines imposed before and tendered during the Dashahra holidays should, both at
district and sub-divisional headquarters, be paid to the Nazir, who will
receive any fine that may be paid during the holidays, and will, if necessary,
get a release warrant signed by the Sub-divisional Magistrate or by the
Magistrate-in-charge for him if the fine is paid in a subdivision, or if it is
paid at district headquarter, by any Magistrate who may be available at the
Sadar. The Treasury need not be kept open for the sole purpose of receiving
such fines, which may remain in the custody of the Nazir unless the amount is
exceptionally large, in which case the orders of the officer in charge of the
district of subdivision should be taken.
13.
The chalan, receipted by the Treasury, will be kept filed by the
clerk-in-charge of the Fine Register as his authority for making necessary
entries in the Fine Register, where the Fine Register is not sent to the
Treasury with the money.
14. In no case any disbursement is
to be made from realized fines in the hands of the Nazir to meet contingent or
other expenses of the Court. Any refunds of fines will be made by the Treasury
Officer on the order of the Magistrate.
CHECKING OF THE FINE REGISTERS
15.
In each Court one of the Muharrirs, to be known as "the Fine
Muharrir", shall be specially charged with the duty of looking after the
fines or other sentences passed by the Court, it shall be the duty of the fine
Muharrir of each Court to examine daily the Fine Register and to ascertain that
each necessary entry is made, and made correctly. He will certify this by his
initials in the proper column. He is also responsible for the speedy
preparation of warrants. It is the duty of the Fine Muharrir of the principal
Courts, i.e., the Magistrate's own Court at Sadr station, and the
Sub-divisional Magistrate's Court where there are more than one at a subdivision,
to check the monthly statement of fines forwarded to the Accountant-General and
the totals in the cash column of the Fine Register.
16. Each
Magistrate should examine the Fine Register daily and check his own fines,
signing his initials to each entry. He should see that warrants are issued, and
remittances paid in and acknowledged without delay.
17.
The Magistrate who is entrusted with the duty of keeping the
Magistrate's accounts at the headquarters of the district shall once a week
compare the entries in the register of Criminal Fines and the fine cheque
counterfoils with the Trial Register in all Courts in which this register is
maintained and with the register of complaints, general register of cognizable
cases, register of unimportant cases and register of miscellaneous cases in all
other Courts. He should satisfy himself that the entries of the amount of
balance outstanding have been correctly brought forward from the preceding
quarter and check the totals of the Fine Register.
(a)
In subdivisions the Sub-divisional Officer will be held
responsible for exercising this check.
(b)
At the time of this weekly checking of the entries in the
Fine Registers, the Magistrate entrusted with this duty at the Sadr station or
the Sub-divisional Officer should carefully ascertain that all fines purporting
to have been remitted or written off under the orders of competent authority,
and should certify that he has done so.
18. (a) Compensation
awarded under section 250 of the Criminal Procedure Code and under section 22
of the Cattle Trespass Act, cost of processes, etc., recoverable under section
31 of the Court-Fees Act, and such amount of a fine as is awarded as
compensation under section 545 of the Criminal Procedure Code shall be entered
in red ink in the Register of Criminal Fines. The balance if any, of the fine
imposed after compensation has been awarded under section 545, Criminal
Procedure Code, should be credited to Government, the entry in the Register
being made in black ink.
(b)
On realization, in whole or in part, these compensation fines and costs,
whether paid on the spot in open Court or not, shall be entered in red ink in
the Register of Criminal Fines. Such sums shall be credited as criminal
deposits, and the fact of their having been so credited shall be noted in red
ink in the remarks column of the Register. All other entries which it may be
necessary to make in the registers relating to such fines and costs shall
likewise be in red ink.
(c)
The amounts credited as deposits should be excluded from the monthly fine
statements forwarded to the Accountant-General and a note made at the foot of
the Register of Criminal Fines explaining the difference between it and the
fine statement.
19. After
realization of the fine, the disbursement of the compensation will in every
case be made from the Treasury on the Magistrate's order.
20. (a) In non-appealable
cases, however, should the Nazir report that the fine or amount of award has
been paid to him before the parties leave the Court, the Magistrate may direct
payment to be made to the person entitled to compensation from his permanent
advance, such payment being afterwards adjusted at the Treasury against the
fines account as though originally disbursed there.
(b)
When costs of process under section 31 of the Court-Fees Act are realized from
accused persons at once, they should then and there be paid over in open Courts
to the complainant, a note being made in the records to show that this has been
done.
(c)
In all other cases, the Magistrate will give an order on the Treasury for the
amount as prescribed in rule 19.
21. In subdivisions where there is
no Sub-divisional Treasury and the fine collections remain in the hands of the
Nazir till the close of the month, payment of compensation, where this can legally
be given, may be made by the Nazir on the Magistrate's order in any case in
which the fine has not formed an item in the chalan to the District Treasury.
Where the fine has been chalaned, the Magistrate may order payment of the
compensation from his permanent advance, adjusting it afterwards as prescribed
in rule 20. In these subdivisions, however, column 16 of Register no. (A) 17
should be sub-divided so as to show separately amounts paid by the Nazir as
compensation out of realized fines, and amounts remitted to the Treasury.
QUARTERLY SHEET OF FINES
22.
A quarterly balance sheet in the following form should be prepared in a
book kept for the purpose:-
|
Balance sheet of
fines for the
|
quarter of
|
19 Rs. P.
|
|
(1)
|
Opening grand
balance of fines outstanding
|
|
(2)
|
Amount imposed
during the quarter, i.e., total
of entries in column 6 of the Register of Criminal Fines excluding the
entries brought forward in red ink from the previous quarter.
|
|
|
|
Grand total
realizable
|
|
|
(3)
|
Amount remitted
on appeal, etc., or written off by Magistrate's order, i.e., total of column 19 of
the Register of Criminal Fines including the red ink entries mentioned in
(2).
|
|
|
(4)
|
Amount realized-
|
|
|
(a) Of new
fines, i.e., total
of column 14 of the Register of Criminal Fines excluding the red ink entries
mentioned in (2).
|
|
|
|
(b) Of old
fines, i.e., total
of red ink entries in column 14 of Register of Fines mentioned in (2).
|
|
|
|
Grand Total
realized and remitted.
|
|
|
(5)
|
Balance-
(a) Of new
fines, i.e., total
of entries in column 15 of the Register of Criminal Fines excluding the red
ink entries mentioned in (2).
|
|
|
|
(b) Of old
fines, i.e., total
of column 15 of the red ink entries of the Register of Criminal Fines
mentioned in (2).
|
|
|
(6)
|
Closing grand
balance of fines outstanding.
|
|
|
(7)
|
Amount of fine
which remained stayed till the end of the quarter.
|
|
|
(8)
|
Amount credited
as Criminal deposits
|
|
|
Certified
that the total of the above realized fines, plus Rs ....................
balance in hand of the preceding quarter minus Rs .......................
credited as Criminal Deposits and Rs ............................... balance in
hand, has been brought to credit in the Treasury Accounts.
Initial
of the Treasury Officer. Initial of the Nazir. Initial of the Fine Muharrir of
the principal Court.
Magistrate.
23. A copy of each sub-divisional
balance sheet must be sent to the Magistrate of the district within two days
after the end of each quarter and the balance sheet of the Sadr station ought
to be ready within the same time.
24. A General District Balance Sheet
in the form prescribed by rule 22 above shall be sent to the Commissioner of
the Division within ten days of the close of each quarter.
REALIZATION OF FINES BY THE POLICE
25.
At each thana a Register in Form no. (A) 19 shall be kept of all
warrants received by the Police for realization of fines within its
jurisdiction. Careful attention should be paid to the rules framed by the
Governor in Council under section 386 (2) of the Code of Criminal Procedure,
which are to be found in the note to this rule. Every such warrant shall
specify the time within which it should be returned, which ordinarily should
not exceed six months. The police must return the warrant in due time, whether
the amount of the fine imposed, or any part of it, be realized or not. They
should not retain time expired warrants in their possession nor, after the
warrant has been returned, pay any domiciliary visit to a defaulter with a view
to the realization of any portion of the fine outstanding, unless fresh orders
to that effect are issued. Any enquiries they may make when they have no
warrant to authorize their action should be made only under the order of a
Magistrate with a view to ascertaining whether there are grounds for the issue
of a fresh warrant. Such enquiries should not ordinarily be made by an officer
of lower rank than a Sub-Inspector.
Note-In
exercise of the power conferred by sub-section (2) of section 386 of the Code
of Criminal Procedure, 1898 (Act V of 1898), the Governor in Council is pleased
to make the following rules to regulate the manner in which warrants under
sub-section (1), clause (a) of the said section are to be executed, and for the
summary determination of any claims made by any person other than the offender
in respect of any property attached in execution of such warrant, namely:-
(1)
A warrant issued under sub-section (1), clause (a) of
section 386 of the Code of Criminal Procedure, 1898, for the levy of a fine
shall ordinarily be directed to a police officer (see Form no. XXXVII, Schedule
V of the said Code). The authority issuing it shall specify a time within which
the attached property is to be sold and for the return of the warrant.
(2)
The police officer or other person to whom a warrant is
directed under rule 1 shall attach any movable property belonging to the
offender.
(3)
If no person claims the property attached, the police
officer or such other person directed to execute the warrant, shall sell it
within the time specified in the warrant without any previous reference to the
Magistrate.
(4)
If any person makes any claim in respect of the property
attached, then the ownership of such property shall be determined by the
Magistrate who issued the warrant, or his successor in office or the
Magistrate-in-charge of the accounts. The services of junior Deputy Magistrate
or Sub- Deputy Magistrate or Circle Officer may be utilized, if necessary, for
the investigation of such claims.
(5)
Subject to the proviso to section 386 (1) of the Code of
Criminal Procedure, 1898. if at any time subsequent to the return of the
warrant, and within the period of six years from the passing of the sentence,
the fine, or any part thereof, remains unpaid (see section 70 of the Indian
Penal Code), and the Court has reasonable ground for believing that any movable
property belonging to the offender is within its jurisdiction, it may issue a
fresh warrant for the attachment and sale of such property. Such warrant shall
be made returnable within a time to be definitely fixed therein.
26.
If it appears that a defaulter can in all probability pay the amount of
fine outstanding against him, the police officer shall forthwith report the
matter to the Magistrate having jurisdiction with a view to the issue of a warrant.
In all other cases he will merely note "no assets" in the remarks
column, dating the entry.
27. (a) Section 70 of the
Indian Penal Code gives power to levy a fine within six years from the passing
of the sentence or during the term of imprisonment of the offender if this
exceeds six years. The law, however, must now be read with the proviso to
section 386 (1) of the Code of Criminal Procedure.
(b)
When a substantive sentence of fine only has been passed and imprisonment in
default has been ordered a warrant may be issued forthwith, unless the Court
elects to proceed under the provisions of section 388 of the Code of Criminal
Procedure. Should the fine be paid or levied by process of law whether in whole
or in part while the offender is undergoing imprisonment in default sections 68
and 69 of the Indian Penal Code will apply. When, however, efforts made to
realize the fine in full have proved unsuccessful and the offender has
undergone the whole of the imprisonment awarded in default of payment of the
fine the Court must proceed according to the proviso to section 386 (1) of the
Code of Criminal Procedure. Before issuing a warrant in such a case the Court
must record in writing the special reasons which in its opinion make the issue
of a warrant necessary. It would, for example, be open to the Court to take
into consideration such a fact as the persistent refusal to pay a fine by an
offender who is well able to do so. On the other hand it would also be open to
the Court to consider whether the circumstances of the case or the means of the
offender justify any further action. In case the Court do not find any special
reason to issue the warrant the clerk incharge of the Fine Register shall at
once obtain a certificate from the Court that the Fine is not to be realized.
The relevant entry shall then be struck out of the Register of criminal fines
and the amount of the fine shall be shown as remitted in the relevant column.
(c)
In cases where a substantive sentence of imprisonment is awarded in addition to
a sentence of fine, a warrant for the levy of the amount by distress and sale
of movables should; if the Court elects to adopt this particular method, be
issued with as little delay as possible. Realization or payment of the fine in
whole or in part while the offender is in jail whether under the substantive
sentence or the sentence in default will under sections 68-69 of the Indian
Penal Code cancel or proportionately reduce the sentence of imprisonment
awarded in default. When, however, the offender has undergone the full term of
imprisonment awarded in default and the fine still remains unrealized the Court
must proceed as indicated above in accordance with the proviso to section 386
(1) of the Code of Criminal Procedure. [G. L. 4/65]
28.
Warrant of this description, subsequent to the first, must be entered in
the Thana Register in red ink but be treated as a fresh entry, a reference
being made in the remarks column to the year and number of the original
warrant.
29.
In the event of the death of a defaulter being reported, one
final and formal enquiry should be made as to whether he has left anywhere any
property of any kind liable for his debt.
30.
All fines realized should be remitted with the returned warrant at once
to Magistrate's Nazir. The Nazir shall send the returned warrant to the clerk
in charge of the Fine Register noting on it the amount received and the date of
receipt.
31. (a) The Magistrate
should call for the register of each thana at least once a quarter, and have it
compared with the Fine Registers of his Court, He should also note that the
Police enquiries have been regularly made and properly recorded. The comparison
must never be made by the Nazir. It should, when possible, be done by a
Magistrate, and if not, by some other of the Magistrate's amla.
(b)
Entries in the Thana Register regarding realizations of fines imposed in other
districts, or in a subdivision of the same district should be compared with the
entries of the fine warrants in the Court Sub-Inspector's register of processes
and with the Magistrate's Cash Book once a quarter.
WRITING OFF IRRECOVERABLE FINES
32.
Subject to the control and supervision of the Commissioner of the
Division District Magistrates may, at their discretion, give orders for the
writing off of all fines which, in consequence of the death of the defaulter,
or of its having been ascertained after due enquiry that there are no assets,
may be irrecoverable, [G.L5/2]
(a)
A half-yearly statement of irrecoverable fines written
off by a District Magistrate should be forwarded to the Commissioner of the
Division so as to reach his office by the 15th January, and the 15th July of
each year.
REALIZATION OF FINES IMPOSED IN OTHER DISTRICTS
33.
in cases of fines imposed in one district but realized in another, the
following procedure is to be observed:-
(a)
The Court imposing the fine will issue a distress warrant
direct to the Magistrate of the district or districts where the property of the
prisoner is supposed to be. The Magistrate of the district, on receipt of this
warrant, will deal with it as if the fine was imposed in his own district. This
warrant shall contain the following particulars:-Name of prisoner, sentence,
date of sentence, name of the District Jail in which the prisoner was first
confined after conviction, name of Court issuing the warrant.
Note-If
the prisoner has not been transferred from the Subsidiary Jail in which he was
first confined to the District Jail, then the name of a subsidiary jail.
(b)
The proceeds of all fines so realized will be paid into
the local treasury, with the realizations of the Court that makes the recovery.
The amount should be carefully distinguished from local fines, and will be
separately acknowledged by the Treasury Officer. No entry of these fines will
be recorded in the Fine Registers of the district where the fine was recovered,
but the amount realized must be credited in the Magistrate's Cash Book and in
the Register of Criminal Fines of other districts and a footnote made in his
Fine Statement of the total amount realized on account of other districts, the
sums relating to each district being carefully distinguished for comparison and
check in the Accountant-General's office. The Magistrate-in-charge of fines
should examine and sign the Register of Criminal Fines of other districts daily
and should see that realizations are promptly acknowledged.
(c)
The clerk in charge of the Fine Register is responsible
for seeing that the realization of all such fines is immediately communicated
to the Magistrate of the district or subdivision in which the fine was imposed
by the dispatch to him of both the Treasury receipt and the warrant. The use of
remittance transfer receipts is strictly prohibited. The Magistrate will at
once send an acknowledgment of the receipt of the Treasury receipt and warrant
to the Magistrate of the district where the fine was realized. He will also
note the realization in his Register of Criminal Fines and include the amount
in the Monthly Statement of Fines which he renders to the Accountant-General,
with a note against the item, showing into what treasury the amount has been
paid and the date of payment.
The
rule is applicable mutatis mutandis in respect of fines imposed by a Magistrate
at headquarters and realized in a subdivision: or imposed in one subdivision
and realized in another of the same district.
(d)
The fact of recovery will then be reported to the
Superintendent of the Jail referred to in clause (a) by the Magistrate of the
district or subdivision in which the fine was imposed: provided that if the fine
is realized in the district in which the prisoner is confined, the Magistrate
of the district should also immediately send intimation direct to the
Superintendent of Jail in which the prisoner is confined.
(e)
In all cases of communicating the realization of fines by
the dispatch of the treasury receipt to the district or subdivision where such
fines were imposed, it will be the duty of the clerk in charge of the Fine
Register to send reminder whenever acknowledgments of receipts of such
communications are unduly delayed.
Note-When
the distress warrant is issued to the Magistrate of a district in another Part
'A' State, or 'C' State a clear note should be made on it as to the manner in
which the amount is to be credited, i.e., whether to Government, or to a Municipality
or to Cantonment fund, or to any other local body, or whether it is to be held
as a criminal deposits. If the amount is creditable to Government or to
criminal deposits, the proceeds of the fine should be paid into the local
Treasury for credit to Government, as required by clause (b), and an intimation
should be sent to the Magistrate of the district as laid down in clause (c). If
the amount is creditable to a Municipality or to a Cantonment fund or to any
other local body, the proceeds of the fine should be remitted by a remittance
transfer receipt to the Magistrate of the district on account of which the fine
has been collected. He will endorse receipt to the Treasury Officer, if the
Municipality or Cantonment fund or other local body banks with the district
Treasury for credit to its account; otherwise the receipt should be endorsed to
the Chairman or Secretary of the Municipality or local body concerned.
MISCELLANEOUS
34.
All officers receiving and remitting money from the officer who finally
realizes the fine to the officer who finally remits the same to the treasury,
are ir all cases bound to demand receipts from the payees. The responsibilities
of officers remitting money will not cease until acknowledgments of receipts
have been duly received.
35. All fines, under whatsoever law
they may be imposed, are payable to the Court imposing the fine, to the
Magistrate of the district in which the prisoner is confined, or to the officer
entrusted with the warrant for its realization. The receipt of fines by the
Jailor is unauthorized, and Jailors are therefore prohibited from receiving
payments on account of fines under any circumstances whatever.
36. When a fine or a portion of a
fine, which has been entered or should, according to these rules, be entered in
the Register of Criminal Fines maintained at the headquarters of a subdivision
of a district, is received by the District Magistrate, the amount so received
will be shown in the District Magistrate's Cash Book, but not in his Fine
Register, and a copy of a chalan of payment and of the fine realization
statement sent to the Jail will be forwarded to the Sub-divisional Officer in
order that the amount may be written off as paid in his Register of Criminal
Fines.
APPENDIX
V
[x x x x]
APPENDIX
VI
Account Rules
Civil Account Code, Volume I, Chapter 2-Fine Returns.
1. (a) In the case of
fines the duty of checking the receipts is laid upon the Accountant-General, to
whom a monthly return of all fines realized, and of all remittances of fines to
the Treasury, should be transmitted by every Court having the power to fine.
(b) Fines which under competent authority are
credited to a Municipal or other local fund will be excluded from this return.
2. (a)
In order to secure that returns are received from every Court having such
power, it will be convenient to arrange for their collection by the head of
every department in the district (the Collector, the Judge, and the
Magistrate), and their transmission by that officer. If it be more convenient for
him to embody all in his own return, there is no objection to his doing so, but
the collective return must be based on the record or accounts of the Courts,
and not on those of the Treasury, though it should be compared with the
Treasury figures before being dispatched. The best means of ensuring this
comparison will probably be for the Court to dispatch its return through the
Treasury Officer, who will certify to the agreement with his books, or will
have the return corrected by the Court before he transmits it.
(b) If precautions are taken against double
refunds of fines or refunds of fines not actually paid into the Treasury, a
simple memorandum of the collections of each Court and of its remittances to
the Treasury for check with the Treasury credit, would suffice; in the absence
of such precautions, a detailed list of the fines collected and paid into the
Treasury must be transmitted in order to facilitate check in case refunds are
claimed. The form of the return will be settled by the Accountant-General.
(c) If the several Courts submit to any
controlling officer returns of the fines imposed, the returns of the
realization may with advantage be dispatched to the Accountant-General under
flying seal through the said controlling officer, but if this course be found
to cause delay, the Accountant-General should instead send the controlling
officer a memorandum of the monthly credits which appear in the Treasury
Account.
(d) When fines are received in another
district or part 'A' State or 'C' State an intimation should be given by the
receiving officer to the officer concerned, who should note the fact in his
Fine Statement.
APPENDIX
VII
List of Army Reserve
Centres Referred to in Sub-Rule (b) of Rule 66.
The following are the Reserve Centres:-
1.
The
Punjab Regimental Centre, Meerut.
2.
The
Madras Regimental Centre, Wellington.
3.
The
Grenadier's Regimental Centre, Nasirabad.
4.
The
Marhattas Regimental Centre, Belgaum.
5.
The
Rajputana Rifles Regimental Centre, Delhi Cantt.
6.
The
Rajput Regimental Centre, Fatehgarh.
7.
The
Jat Regimental Centre, Bareilly.
8.
The
Sikh Regimental Centre, Ambala.
9.
The
Dogra Regimental Centre, Jullundhur.
10.
The
Gerhwal Rifles Regimental Centre, Landsdowne.
11.
The
Kumaen Regimental Centre, Ranikhet.
12.
The
Assam Regimental Centre, Shillong.
13.
The
Bihar Regimental Centre, Danapur.
14.
The
Mahar Regimental Centre, Saugor.
15.
The
Sikh Light Infantry Regimental Centre, Ferozepore.
16.
1st
Gorkha Rifles Regimental Centre, Dharamtala Cantt.
17.
3rd
Gorkha Rifles Regimental Centre, Dehra Dun.
18.
4th
Gorkha Rifles Regimental Centre, Bakloh.
19.
5th
Gorkha Rifles Regimental Centre, Dehra Dun.
20.
8th
Gorkha Rifles Regimental Centre, Dehra Dun.
21.
9th
Gorkha Rifles Regimental Centre, Dehra Dun.
22.
11th
Gorkha Rifles Regimental Centre, Palampur.
23.
Armoured
Corps Centre and School, Ahmednagar.
24.
Artillery
Centre, Deolali.
25.
Madras
Engineer Centre, Bangalore.
26.
Bengal
Engineer Centre, Roorkee.
27.
Bombay
Engineer Centre, Kirkee.
28.
Signal
Training Centre, Jabalpur.
29.
Army
Service Corps Centre (South), Bangalore.
30.
Army
Service Corps (North), Meerut.
31.
Remount,
Veterinary and Farms Corps Centre and School, Meerut.
32.
Army
Medical Corps Centre (South), Poona.
33.
Army
Medical Corps Centre (North), Lucknow.
34.
Electrical
and Mechanical Engineering Centre, Jalahalli.
35.
Army
Ordinance Corps Centre, Poona.
36.
Intelligence
Training School and Depot, Mhow.
37.
Pioneer
Corps Centre, Mathura.
38.
Army
Educational Corps Centre and School, Pachmarhi.
39.
Army
Physical Training Corps Centre, Poona.
40.
General
Service Corps Dept., Belgaum.
41.
Army
Postal Service Centre, Kamptee,
42.
Corps
of Military Police Centre and School, Faizabad.
APPENDIX
VIII
[* * * * *]
No. 2392/XLIXD-6-48.
From
B. P. Jamuar, Esq., Barrister-at-law,
Registrar of the High Court of Judicature at Patna.
To
The District Judge of Patna.
Subject.-Issue of copies of records of
criminal cases tried by Judicial Officers empowered with magisterial powers.
Dated Patna, the 20th April, 1948.
Sir,
With reference to your letter no. 726, dated
the 30th March, 1948 [and in supersession of the Court's letter no. 329, dated
the 13th January, 1948] on the subject noted above, I am directed to say with a
view to ensuring prompt issue of copies from the records of criminal cases on
the file of the Judicial officers vested with magisterial powers the Court
direct that when an application for copy is made to the Civil Court, the Civil
Court should prepare a copy and supply it if the record is still in the Civil
Court. If the record has been sent back to the Collector's office, the Copying
Department of the Civil Court should return the application with a direction to
present it in the Copying Department of the Collectorate for the preparation
and issue of copies also vice versa.
I have the honor to be,
Sir,
Your most obedient servant,
B.P. JAMUAR, Registrar.
MEMO No. 2393-420.
Dated 20th April, 1948.
Copy together with a copy of the letter of
the District Judge of Patna to which it is a reply forwarded to the District
Judge (except D. J., Patna/Judl. Commr. of Chotanagpur/Deputy
Commissioner/District Magistrate in supersession of the Court's Memo no.
330-11, dated 13th January, 1948 for information and guidance and for
communication to and guidance of the Courts subordinate to him.
GOVERNMENT OF BIHAR,
APPOINTMENT
DEPARTMENT.
Patna, the 19th April, 1950
Subject.-Separation of Judiciary from the
Executive.
MY DEAR T.P.,
I am desired to refer to para. 3 of your D.
O. letter no. 618, dated 9th February, 1950 and to say that Honorary
Magistrates in the districts of Patna and Shahabad will continue to hold
miscellaneous enquiries and other magisterial functions relating to
investigation of cases in addition to their duties as judicial magistrates.
Care may, however, be taken to see that these additional duties do not
interfere with their judicial work.
Yours sincerely, T.C. Puri
T.P. Singh, Esq., I.C.S.,
Commissioner, Patna Division,
D.O. Memo No. 3697-A.
Patna, the 19th April 1950.
COPY (with copy of paragraph 3 of D.O. letter
under reference) forwarded to the Registrar, High Court/District Magistrate,
Patna/ Shahabad District and Sessions Judge, Patna/Shahabad/all S.D. Os.,
Patna/Shahabad for information.
BY order of the Governor of Bihar,
T.C. Puri,
Addl. Secretary to Government.
(-) to all except
Regr. H.C.
COPY of paragraph 3 of D.O. no. 618, dated
9th February, 1950, from the Commissioner, Patna Division to the Addl.
Secretary to Government, Bihar, Appointment Departments Patna.
3. The services of the Honorary Magistrates
have been transferred entirely to the Judicial side. Besides disposal of cases
the Honorary Magistrates were useful to the Sub-divisional Officers in several
respects, such as miscellaneous enquiries of which there are heaps at present,
holding T. I. parades, recording dying declaration, remanding accused to
custody in the absence of the stipendiary Magistrates, etc. The Hony.
Magistrates, as a rule, do not hold court for more than two days in the week
and have plenty of time to attend to the miscellaneous duties entrusted to them
by the Sub-divisional Officers. The latter would have no control over the
judicial work, but I see no objection from the point of view of scheme of
separation to their being employed on other duties in spare time. In view of
the reduction of number of Magistrates on the executive side, it is necessary
that the parttime services of the Honorary Magistrates should be available to
the Sub-divisional Officers. I would, therefore request that necessary
instructions clarifying the position may be issued by Government as early as
possible.
No. 3879-83.
From,
Register Of The High of Judicature at patana
To,
The District and Sessions Judge of Patna/Gaya/Shahabad/Saran/Monghyr.
Patna, the 30th June, 1951.
Sir,
I am directed to enclose a copy of letter no.
4595 P. P. dated the 21st June, 1951, together with copies of its enclosures,
from the Additional Secretary to the Government of Bihar, Political Department
and to request you to see that necessary co-operation in the matter as desired
by Government is given to the Superintendent of Police.
Your faithfully,
S.N. IMAM. Registrar.
No. 4595 P, P./I/MI-1087/51.
Government of Bihar Political (Police) Department.
From,
To,
T.C. Puri, Esq., I. C. S., Additional
Secretary to Government.
The Registrar, High Court of Judicature at
Patna.
Patna, the 21st June, 1951.
Sir,
1.
I
am directed to say that the attention of Government was drawn by judicial
orders and from other sources also that police officers were not punctual in
attending courts when summoned to give evidence and the attention of Inspector
General of Police has been drawn from time to time to this complaint. The last
instructions on the subject were issued in my letter no. PPR 160, dated 28th
September, 1950 a copy of which with its enclosures is enclosed.
2.
While
conceding that the complaint in some cases is justified, the Inspector General
has also drawn attention of Government to the increasing number of cases where
police officers who attend courts in response to summons, have to go back
disappointed without their evidence being recorded. He has given a list of such
cases of Monghyr district in the month of March, 1951 a copy of which is
enclosed. As there is separation of executive and judicial functions in that
district a list was sent by the Superintendent of Police to the Sessions Judge.
The Court may like to look into the matter and to enquire why in cases where
the Magistrate could foresee that the evidence was not likely to be recorded
that day, timely steps were not taken to inform the police officers not to
attend court that day.
3.
In
this connection, I am also to enclose a copy of my D.O. letter no. 4594 P.
P.-I/MI-1087/51, dated the 21st June, 1951 where instructions have been issued
that the Superintendents of Police should prepare every month statements of
instances (a) where police officers were summoned to attend but did not appear
and (b) where they attended Court in response to summons without their evidence
being recorded. Instructions have been issued that these two statements should
be discussed with the District Magistrates, but in districts where the scheme
of separation of the executive and judicial functions is in operation it is only
the Sessions Judge who can deal with the subject. I am to request that if the
Court see no objection, the Sessions Judges of those districts may be asked to
give the necessary co-operation to Superintendents of Police so that such
instances may be reduced to the minimum.
Yours faithfully,
T.C. Puri Addl. Secretary to Government.
Government of Bihar, Political (Police)
Department.
Patna, the 21th June, 1951.
D O No. 4594 P.P
I/M1-1087/51.
My Dear Hamid,
1.
I
am desired to refer to M. M. K. Sinha's D. O. letter no. 1736 D/XLlll-10-1-51,
dated the 11th June, 1951, regarding attendance of Police witnesses in courts
and to request that all the Superintendents of Police may be asked to prepare
every month lists of instances (a) where Police officers were summoned to give
evidence but did not appear and (b) where they attended court in response to
summons without their evidence being recorded. The lists so prepared may be
discussed with the District Magistrate as required in my D. O. letter no. Misc.
76/50 PPR 160, dated the 28th September, 1950 (copy enclosed for ready
reference).
2.
In
districts where there has been separation of executive and judicial functions,
the list should be sent to Sessions Judges. The High Court are being requested
to ask the Sessions Judges to offer the necessary co-operation to
Superintendents of Police so that there may be no cause for complaints from any
side.
Yours Sincerely,
T.C. Puri,
Addl. Secretary to Government
A. F. A. Hamid, Esq., I. P.,
Inspector-General of Police,
Bihar, Patna.
No. Misc.76/50-PPR-160. Government of Bihar,
Political Department. (Police Branch).
From,
T.C. Puri, Esq. I. C. S.,
Additional Secretary to Government.
To,
All Commissioners/All District
Magistrates/Additional Deputy Commissioner, Dhanbad/Additional District
Magistrate, Saharsa/Additional Deputy Commissioner, Chaibasa/The
Inspector-General of Police, Bihar/All Superintendents of Police/All Deputy
Inspectors-General of Police.
Dated Ranchi, the 28th September, 1950.
Sir.
1.
I
am directed to say that even as recently as July last, complaints of
non-appearance of Police Officers before courts have been received from the
District Magistrates in spite of the Inspector-General of Police's Order no. 6
(copy enclosed) issued in August, 1949 on this very subject. It has also been
complained by them that even the service returns of summonses were not being
received in time. It is thus obvious that Inspector-General of Police's order
has not had the desired effect. It may have resulted in some improvement; at
any rate, Government hope, it has. But obviously, there has not been all the
improvement that is necessary. It would not be, of course, fair to put all the
blames on Police Officers. Possibly, the failure of Bench Clerks to issue
summonses promptly is partly responsible for the present unsatisfactory state
of affairs. Possibly, a large number of cases have been pending of such a long
time that many of the Police Officers, who are to be examined in those cases,
have been transferred to other districts. Possibly, the Courts are not fixing
particular days of the week for examination of Police Officers of particular
thanas. But even so, if the Superintendent of Police takes interest in the
matter, there is no reason why in most cases, police witnesses should not
appear before the courts on the dates fixed.
2.
Government,
therefore, desire that every District Magistrate and Superintendent of Police
should discuss the matter closely, examine some cases of delay brought to
notice by the court, see where things had gone wrong and how, and thereafter
the District Magistrate should issue clear instructions to the Courts, and the
Superintendent of Police to Police Officers. A joint review should be prepared
on the subject by the Superintendent of Police and the District Magistrate; and,
the Superintendent of Police should forward a copy to the Inspector-General of
Police through the Range D.I.G., and the District Magistrate a copy to
Government through the Commissioner, to ensure that the matter is given proper
and urgent attention by them.
Yours faithfully,
T.C. Puri,
Addl. Secretary to Government
Memo No. Misc.-76/50-PPR/160
Dated Ranchi, the 28th September, 1950.
Copy with copy of Chief Secretary's D.O. no.
Misc. 76/50-PPR-116, dated the 12th September, 1950 is forwarded to-
All Secretaries to. Government/The Addl.
Secretary, Appointment Department /Political Department (Special Section)./The
Under-Secretary, Appointment Department (Mr. B.N. Sinha).
(With reference to his Memo no. 2C-9-45/50A-
6762, dated 27th July, 1950).
T.C. Puri,
Additional Secretary to Government
( ) to Under-Secretary, Apptt. Department
only.
POLICE ORDER NO. 6 OF 1949
It has been brought to the notice of
Government that attendance of Police Officers and men in court is not ensured
and that processes, etc. against them are treated mechanically. In future the
Headquarters Deputy Superintendents of Police will be made personally
responsible for the proper and prompt attendance to processes received in
Police Offices. A special register should be maintained to incorporate the
postings, transfers, and leave addresses of all officers of the district,
whether superior or inferior, and the Headquarters Deputy Superintendents of
Police will be responsible for keeping it up-to-date. This register should
invariably be consulted before processes are dealt with to guard against such
mistakes and delays. All Superintendents of Police are requested to see that
the above orders are strictly adhered to.
A.F.A. HAMID.
Inspector-General of Police, Bihar.
No. 7181-85
From,
The Registrar of the High Court of Judicature
at Patna.
To,
The District and Sessions judge of
Patna/Gaya/Shahabad/Monghyr/Saran.
Dated Patna, the 28th December, 1951.
Subject.-Non-attendance of police witnesses in
courts.
Sir,
I am directed to forward, for your information,
the accompanying copy of letter no. 7987, dated the 19th November, 1951, from
the Addl. Secretary to the Government of Bihar, Political Department, addressed
to all District Magistrates, and to say that several of the reasons which have
led to the detention or non-examination of police-officers in the ordinary
Courts, should not operate in the courts of the Judicial Magistrates. The
latter should, however, make it a point to examine police officers on the date
they attend court and to see that they are given adequate notice. It ought to
be impressed upon the Peshkars and the Nazarat staff that there must be no
delay in issuing or serving summons on them.
The above instructions may please be brought
to the notice of all the Judicial Magistrates employed under him.
Yours faithfully,
(Sd.) Illegible,
Registrar.
MEMO No. 7186
The 28th December, 1951.
Copy forwarded to the Addl. Secretary to the
Government of Bihar, Political Department, Patna, for information with
reference to his letter no. 8089, dated the 24th November 1951.
By order of the Court,
S.N. IMAM,
Registrar.
No. I/A4-204/51-P.P. 7987.
Government of Bihar,
Political Department.
(Police Branch).
From,
T.C. Puri, Esq., I.C.S.,
Additional Secretary to Government,
To,
All District Magistrates (Including Addl.
Deputy Commissioners, Singhbhum and Dhanbad and Addl. District Magistrate,
Saharsa.)
Dated Patna, the 19th November, 1951.
Subject.-Non-attendance of police witnesses in
courts.
Sir,
1.
I
am directed to refer to paragraph 3 (III) of my letter no. II/C4-1070/15-P, P.
5985, dated the 8th August, 1951 addressed to the Inspector-General of Police,
copy forwarded to you with memo bearing the same number and date, on the
subject of non-appearance of police witnesses in courts on dates fixed.
2.
A
number of cases have been brought to the notice of Government recently in which
police witnesses appeared before courts on the dates fixed but were not
examined. In some cases this may have been due to unavoidable circumstances
such as absence of the accused persons, sudden illness of the Presiding
Officer, closure of the court under special orders of Government but, in a
large majority of cases, it was the result of lack of planning, or failure to
inform the witnesses in time so that they were not examined even on appearance
because, for example
the Assistant Public Prosecutor was busy in
another court, or the magistrate was busy hearing other cases, or was away on
tour, or had been ill or on leave for some time. The waste of time and energy
of police officers involved in such cases can be avoided by sending a telegram
or other intimation to them even a day before the date fixed, that they need
not appear on that particular date. Also, if examination of witnesses on a
particular date cannot be completed, efforts should be made to complete their
examination on the following day.
3.
Government
have also noted with concern that, in many cases, even the reasons for
adjournment or non-examination of the witnesses are not noted by trying
magistrates.
4.
Your
attention is also drawn to a very common reason for non-appearance of police
witnesses, namely, issue of summons by the Bench clerks or the Nazarat several
days after the trying court has actually fixed the date, so that the summons
reach the officer concerned too late for him to appear on the date fixed.
5.
I
am to request you to impress upon your subordinate magistrates the desirability
of eliminating, as far as possible, these avoidable situations causing delay in
the disposal of cases and inconvenience to police witnesses. The High Court are
being requested to issue similar instructions through the District and Session
Judges of districts where the executive and judiciary have been separated.
6.
The
receipt of this letter may kindly be acknowledged.
Additional Secretary to Government.
MEMO No. I/A4-204/51 -P.P.-7987
Dated Patna, 19th November, 1951.
Copy forwarded to-
Appointment Department/Judicial
Department/Inspector-General of Police, Bihar* /All Commissioners of
Divisions/All Sub-divisional Officers.
for information.
*Consulted
unofficially.
The receipt of this memo may kindly be
acknowledged.
No. II/H-1 -301 /50-A-10741
Government of Bihar
Appointment Department
From,
B.N. Sinha, Esq.,
Under-Secretary to Government.
To,
The Commissioner, Patna Division, Patna.
The 27th November, 1950.
Sir,
I am directed to refer to your Memo no. 5159,
dated the 7th October, 1950 addressed to the Food Commissioner, Bihar and to
say that Government have decided that cases arising out of the violation of
Levy Orders should be tried by the Munsifs and Judicial Magistrates in the two
districts of Patna and Shahabad where scheme of separation of Judicial and
Executive functions is working. For ensuring speedy disposal of these cases the
procedure laid down in paragraph 9 of Mr. L. P. Singh's letter no. 10499-A.,
dated the 27th December, 1949 should be followed.
Under-Secretary to Government.
MEMO No. ll/H-1 -301/50-A-10741.
The 27th November, 1950.
Copy forwarded to Mr. B.D. Pande, I.C.S.,
Food Commissioner, Bihar, the Supply and Price Control Department; the
Registrar, High Court, Patna; the District and Sessions Judge, Patna; the
District and Sessions Judge, Shahabad; the District Magistrate, Patna; the
District Magistrate, Shahabad, for information.
Under-Secretary to Government.
No. G/PI-24037/51 -2319
Judicial Department,
(Jail Section).
From
Lt.-Colonel, M.S. Gupta.
Inspector-General of Prisons, Bihar.
To,
The Superintendent of Central Jail,
Gaya/Nawadah Sub-Jail/JahanaDad Sub-Jail/Aurangabad Sub-Jail/District Jail,
Chapra/Sub-Jail, Siwan/Sub-Jail, Gopalganj/ District Jail, Monghyr/Sub-Jail,
Jamui/Sub-Jail, Begusarai and Sub-Jail Khargaria.
Dated the 20th February, 1951.
Subject.-Separation of Executive and Judicial
functions in the Districts of Gaya, Saran and Monghyr.
Sir,
I am to inform you that the Government of the
State of Bihar, have been pleased to approve of the following changes in the
administration of the Jail Department brought about by the separation of the
Executive and the Judicial functions in the Districts of Gaya, Saran and
Monghyr.
(i)
The
Superintendent of the Jails and Sub-Jails of the Districts of Gaya, Saran, and
Monghyr, should report all cases of undertrials admitted for bailable offences,
specifying the names of the persons who are likely to furnish bail, to the
Sessions Judge and not to the District Magistrate as required by rule 848 of
the Jail Manual.
(ii)
Fortnightly
reminders in Return no. 27 regarding all cases in which prisoners have been
detained as undertrials for more than 14 days, should be submitted by the
Superintendents of these jails to the Sessions Judges and not to the District
Magistrates.
(iii)
Bihar
and Orissa Jail form no. 23 should now be submitted to the Sessions Judges
instead of to the District Magistrates as required under rule 847 of the Jail
Manual.
Yours faithfully,
(Sd.) Illegible,
Lt.-Colonel.
for Inspector-General of Prisons, Bihar,
Memo No. G/Pt-24037/51-2319
Dated the 20th February, 1951
Copy forwarded to the Registrar, High Court
of Judicature at Patna/Commissioner, Tirhut Division, Bhagalpur Division and
Patna Division/District and Sessions Judge, Saran/Monghyr/Gaya/District
Magistrate, Saran, Monghyr, Gaya/ Sub-divisional Officer, Gaya/
Aurangabad/Nawadah/Jehanabad/Gopalganj/Siwan/
Chapra/Monghyr/Khagaria/Begusarai/Jamui,
for information.
Assistant Inspector-General of Prisons,
Bihar.
No. I/MI-2034/51 -A-4562
Government of Bihar
Appointment Department
From,
B.N. Sinha, Esq.,
Under-Secretary to Government,
To,
The Commissioner,
Patna/Bhagalpur/Tirhut Division,
Dated Patna, the 5th May, 1951.
Sir,
1.
I
am directed to say that I.A.S. probationers posted for training to the district
and sub-divisional headquarters where the scheme of separation of
"Executive and Judicial" functions is working, are not getting any
opportunity of trying criminal cases (both complaint cases and Police cases).
It has, therefore, been decided, in consultation with the High Court, that the
Sub-divisional Magistrates of the districts where this scheme is working will
transfer a few criminal cases to the I.A.S. probationers receiving training in
the district. The District Magistrates will ensure that I.A.S. probationers
dispose of the cases transferred to their files before they are transferred
elsewhere.
2.
A
copy of this letter is being sent direct to the District Officers and the District
and Sessions Judges concerned.
Under-Secretary to Government,
Memo no. I/MI-2034/51-A- 4562.
Dated, Patna the 5th May, 1951.
1.
Copy
forwarded to the Registrar, High Court/the District Magistrate, Patna/
Gaya/Shahabad/Saran/Monghyr/the District and Sessions Judge, Patna/ Gaya/
Shahabad/Saran/Monghyr, for information.
2.
The
District Magistrate, Gaya is requested to direct the Sub-divisional Officer,
Nawadah to transfer some cases to Mr. V. Balasubramanyam, I.A.S., who is
receiving Sub-divisional training at Nawadah.
Under-secretary to Government.
No. Il/HI-301 /50-A-5696.
Government of Bihar.
Appointment Department.
From
B.N. Sinha, Esq.,
Under Secretary to Government,
To,
The Commissioner,
Tirhut Division, Muzaffarpur.
Dated, Patna, the 6th June, 1951.
Sir,
I am directed to refer to your letter no.
J-1494, dated the 30th March, 1951 on the working of the separation of
Executive and Judicial functions and to reply as follows:-
(1)
The
question as to whether the Sub-divisional Officer should transfer the case as
soon as he has taken cognizance or he should transfer the case after securing
the attendance of the accused was discussed with the High Court before issue of
the instructions on this point. As a result of the agreed decision between the
Court and Government it was decided that the Sub-divisional Officer should
transfer the case immediately after taking cognizance of the case and he should
not wait for the attendance of the accused.
(2)
Since
the Assistant Sessions judges cannot exercise any revisional powers, the word
"revision" occurring in paragraph 12 of the Appointment Department
letter no. 11860, dated the 20th December, 1950 after the word
"Appeals" may be deleted. The District and Sessions Judges have been
vested with revisional powers under section 425, Cr. P.C. and they will
exercise this power in respect of the cases triable by the Judicial
Magistrates. The District Magistrates will not exercise revisional powers in
respect of complaints dismissed by the Sub-divisional Magistrates under section
203, Cr.P.C. In such cases the revisional powers will be exercised by the
District and Sessions Judges concerned.
The District Magistrate will continue to
issue Commissions under section 506, Cr.P.C.
Under-Secretary to Government.
MEMO No. II/HI- 301/50A-5696
Dated Patna, the 6th June, 1951.
Copy with a copy of the letter no. J-1494,
dated the 30th March, 1951 from the Commissioner, Tirhut Division forwarded to
the Registrar, High Court/District and Sessions Judge, Patna, Gaya, Shahabad,
Saran and Monghyr/District Magistrate, Patna, Gaya, Saran, Monghyr, Shahabad,
for information.
Under-Secretary to Government.
No. 6397-6402
From,
The Registrar of the High Court of Judicature
at Patna,
To,
The District and Sessions Judge,
Patna/Shahabad/Gaya/Saran/Monghyr and Muzaffarpur.
Dated Patna, the 16th October, 1952.
Sir,
I am directed to say that it has been brought
to the notice of the Court that Sub-Jails are generally over-crowded with
undertrial prisoners. I am, therefore, to request you to impress upon all
Magistrates subordinate to you the necessity of giving preference to and
expediting cases where undertrial prisoners are detained in a Sub-Jail for more
than three months.
for Registrar.
From,
Anant Singh, Esq.,
Registrar of the High Court of Judicature at
Patna.
To,
All the District and Sessions Judges
Including.
The Judicial Commissioner of Chotanagpur,
Ranchi.
Dated Patna, the 9th September, 1957.
Subject.-Delay in disposal of criminal cases
for non-attendance of Police Officers on dates fixed.
Sir,
I am directed to forward a copy of the
Government of Bihar, Political Department (Police Branch) letter no.
1/2-109/55-P.P.-5264, dated the 23rd August, 1957, together with a copy of its
enclosure for your information.
Registrar.
No. I/R2-109/55-P.P.-5264
Government of Bihar
Political Department
(Police Branch)
For,
Shri K. Ramanujam, I.A.S.,
Under-Secretary to Government.
To,
The Registrar,
High Court of Judicature at Patna.
Dated Patna, the 23rd August, 1957.
Subject.-Delay in disposal of criminal cases
for non-attendance of Police Officers on dates fixed.
Sir,
I am directed to refer to your letter no.
3719, dated the 13th April, 1957 on the subject noted above and to enclose a
copy of the instructions issued to Police Officers in the matters.
POLICE ORDER NO. 47
It has been brought to the notice of
Government that attendance of the police officers and men in court is not
ensured and that processes, etc., against them are treated mechanically. In
future the headquarters Deputy Superintendent of Police will be held personally
responsible for proper and prompt attention to processes received in police
office. A special register should be maintained to indicate the postings, and
leave addresses of all Sub-Inspectors. Assistant Sub-Inspectors, Writer
Constables of the district and the Head Moharrir under the supervision of the
Headquarters Deputy Superintendent of Police will be responsible for keeping it
up-to-date. Likewise, the Sub-divisional Police Officer/ Cricle Inspector
should maintain similar registers for officers and men under their charge. This
register should invariably be consulted before processes are dealt with to
guard against mistakes and delays.
(1)
Another
register should also be maintained in the office of the Superintendent of
Police showing, (1) date of receipt of summons, (2) date of dispatch to the
persons concerned, (3) returnable date, (4) date of service and (5) date of
return from police office to the issuing Court. A similar register should be
maintained by the Sub-divisional Police Officers and Circle Inspectors in
respect of summonses sent through them.
The service return of the summonses shall be
sent to the issuing court through the office from which they were received.
(2)
Considerable
dislocation of work and expenditure of travelling allowance are caused when
officers are repeatedly summoned to appear in courts to give evidence after
they have been transferred to some other district.
Officers proceeding, on leave or transfer
must themselves give to the Court Sub-Inspectors a list of cases in which they
have to give evidence. It should then be the duty of the court officers to
arrange for the evidence of such officers being taken on contiguous dates
before they leave the district. If this is not possible, such officer should be
informed accordingly and they will furnish to the prosecuting officer their
addresses. In such cases, the summonses may be sent under registered cover well
in advance or telegraphically. Defense lawyers generally desire to examine the
investigating officer last. Much harassment is often caused to police officers
by the repeated absences of a small number of prosecution witnesses. In such
situation prosecuting officers should press for the police officer's evidence
being recorded as soon as the majority of the prosecution witnesses have been
examined and give the assurance that the investigating officer would be
recalled if desired after all the prosecution witnesses have testified.
Every police officer summoned to appear in
court shall, if he cannot appear on the date fixed inform the Magistrate the
prosecuting officer of the reason of his failure. This explanation should not
be a matter of routine. If the reason for absence is found not satisfactory,
the defaulters should be severely dealt with.
It should be the duty of the Court
Sub-Inspectors to report to the Superintendent of Police cases of failure on
the part of police officers to attend court. Any Court Sub-Inspector/A.D.P. who
fails to carry out these instructions should also be suitably dealt with.
Prosecuting officers shall make a note on
delay undertrial reports when a police officer fails to attend court to give
evidence and a remand is taken in consequence and shall note the reason of his
failure, if known. Likewise, the fact of a police officer appearing and not
being examined by the court should be noted therein with reasons.
Instructions have already been issued for the
strict enforcement of the practice of ear-marking particular days in a week for
taking up cases of particular thanas but in some district they are not strictly
followed. Superintendents of Police will take it up with their District
Magistrates where the system is not being observed and see that it is acted
upon.
Government have already issued instructions
to the magistracy endorsing the necessity and desirability of hearing cases on
the dates fixed by the Investigating Officers in accordance with Police Manual
Rule 177. Investigating Officers shall rigidly follow this rule and Magistrates
have been instructed to co-operate with the police in following this procedure.
Superintendents of Police shall have a
monthly statement prepared showing,
(a)
where
police officers were summoned to give evidence but did not appear, and
(b)
where
they attended court in response to summons or on the dates fixed by them, vide
Police Manual Rule 177 without their evidence being recorded. The lists so
prepared should be discussed with the District Magistrate. If the District
Magistrate is not available the Superintendent of Police shall make three
attempts (one at least in writing) and in case of failure it should be
specifically reported to the Inspector-General of Police through the Range
Deputy Inspector-General of Police so that the matter may be taken up with
Government. A report in the pro forma given in Appendix A must reach the
Assistant to the Inspector-General of Police by the 10th day of the succeeding
month. Where there has been separation of executive and judicial functions the
list should be sent to and discussed with the Sessions Judge and avenues
explored to effect improvement. The High Court has asked the Sessions Judges in
separation districts to offer necessary co-operation to Superintendents of
Police so that there may be no cause for complaint from any side. The
Government orders on the subject are given in Appendix B for ready reference.
Manual Reference-P.M. Rules 177, 245 and 302,
Previous police order reference-P.Os, 20/28, 2/32 and 6/49.
No. I/MI-1044/57-A- 15904
Government of Bihar
Appointment Department
From
R.B. Lal, Esq.,
Additional Under-Secretary to Government.
To,
THE COMMISSIONER OF THE Bhagalpur
Division/Chotanagpur Division/Tirhut Division,
Dated Patna, the 22nd December, 1957.
Subject.-Extension of the scheme of separation
of Executive and Judicial functions.
Sir,
1.
I
am directed to refer to the orders contained in paragraph 2 of the Appointment
Department letter no. I/MI-1044/57-A-8630, dated the 3rd July, 1957, and to say
that it has been brought to the notice of Government that difficulty is being
experienced due to limiting of such deputations "during the holidays"
only although actually a few days before and after the holidays are also spent
during deputations. It has accordingly been decided, in consultation with the
High Court, that two or three extra days, as the case may be, should be made
available on either side of the holidays for Muharram, etc., to enable the
Judicial Magistrates to go to their assigned destination and return to their
headquarters on the expiry of their deputation.
2.
These
orders are being communicated to all District Magistrates and District and
Sessions Judges (including Assistant Sessions Judge, Saharsa), for their
information.
Additional Under-Secretary to Government.
Memo no. I/Ml- 1044/57-A-15904
Dated Patna, the 22nd December 1957.
Copy forwarded to the Registrar, High Court
of Judicature at Patna/District Magistrate,
Champaran/Darbhanga/Purnea/Bhagalpur/Saharsa/Deputy Commissioner,
Hazaribagh/District and Sessions Judge, Champaran/Darbhanga/Purnea/Bhagalpur/
Hazaribagh/Assistant Sessions Judge, Saharsa/Law (Judicial Department), for
information [with reference to his letter no. 11581/XXIX(S)-3/56, dated the
22nd November, 1957]
[ ] For High Court only.
R.B. Lal,
Additional Under secretary to Government.
MEMO No. 169-74
Dated the 6th January, 1958.
Copy forwarded to the District and Sessions
Judge of Patna/Gaya/Shahabad/ Saran/Muzaffarpur and Monghyr, for information.
First Assistant Registrar.
No. I/M1-1055/58-A-5142
Government of Bihar
Appointment Department
From
K.K. Shrivastava, Esq., I.A.S.,
Additional Deputy Secretary to Government.
To,
All Commissioners of Divisions.
Dated Patna, the 6th May, 1958.
Subject.-Separation of Executive and Judicial
functions accommodation for the Courts of Judicial Magistrates.
Sir,
1.
I
am directed to say that instructions were issued in Appointment Department
letter no. 8046-A., dated the 22nd June, 1957 (extracts enclosed), that so long
as the problem of accommodation continues to be acute, the District Magistrate,
the Sessions Judge and the Executive Engineer should mutually work out the
details for accommodating the various Courts and that wherever possible, the
Judicial Magistrates should sit in the Collectorate buildings.
2.
Save
in very exceptional circumstances, once certain rooms are set apart for the
holding of the Court or for the chamber of Munsif Magistrate, Judicial
Magistrates or Honorary Magistrates in separation districts, they should not be
taken back by the District Magistrate or the S.D.O. without obtaining the
previous consent of the Sessions Judge except in case of an officer whose Court
is disbanded and in whose place no substitute is posted. Internal arrangement
regarding the change of Court rooms and other things in respect of such
Magistrates should be made entirely at the discretion of the Sessions Judge who
will issue the necessary directions in the matter.
Additional Deputy Secretary to Government.
MEMO No. I/MI-1055/58-A-5142
Dated Patna, the 6th May, 1958.
Copy forwarded to All District Officers/All
District and Sessions Judges/Registrar, High Court, Patna/Revenue
Department/Law Department/All Sub-divisional Officers, for information and
necessary action.
K.K. SRIVASTAVA,
Additional Deputy Secretary to Government.
Extract from letter no- 8046-A, dated the
22nd June, 1957.
21. Government realize
that the problem of accommodation for courts is already acute, and steps
accordingly being taken to effect improvement. It may, however, take some time
before new buildings are put up, and in the meantime it is suggested that the
District Magistrate, the Sessions Judge and, the Executive
Engineer should meet and work out the details
for accommodating the various courts. Wherever possible, the
"Judicial" Magistrates may sit in the Collectorate buildings.
Officers sitting in the Civil Courts may in some cases have to make some
sacrifice in accommodating some "Judicial and Munsif-Magistrates.
No. 1/MI-1036/60A (P) 10797
Government of Bihar
Appointment Department
From
Shri R.A. Singh,
Under-Secretary to Government,
To,
All Commissioners of Divisions.
Dated Patna, the 12th August, 1961.
Subject.-Trial of cases under the Bengal
Ferries Act, 1885 in the districts where the scheme of separation of Executive
and Judicial functions has been introduced.
Sir,
I am directed to say that Government have
been pleased to decide in consultation with the High Court of Judicature at
Patna that in view of small number of cases under the Bengal Ferries Act, 1885
and the offences being minor, such cases under the said Act, in the districts
where the scheme for separation of Executive and Judicial functions has been
introduced, may be tried by the Magistrates on the executive side, for the
present.
Your faithfully,
R.A.SINGH,
Under-Secretary to Government.
MEMO No. 1/M1-1036/60A (P)-10797
Dated Patna, the 12th August, 196.1.
Copy forwarded to the Registrar, High Court
of Judicature at Patna/All District Magistrates/All District and Sessions
Judges/The Assistant Sessions Judge, Saharsa/All Sub-Divisional Officers/Law
(Judicial) Department, for information.
Under-Secretary to Government.
GENERAL LETTER No. 8 OF 1957
(Criminal)
From
Anant Singh, Esq., B.A. B.L.,
Registrar of the High Court of Judicature at
Patna
To,
All the District Magistrates And Deputy
Commissioners in Bihar and the District and Sessions Judges of the Separation
Districts in Bihar.
Dated Patna, the 24th July, 1957.
Sir,
I am directed to say that with a view to
ensuring speedy disposal and regular working in courts of Magistrates, the
Court are pleased, at the instance of the State Government, to direct that you
should have before you each day a report from each Magistrate at sadar and
weekly report from the magistrates in subdivisions, showing figures of
witnesses present, examined and discharged and the number of judgments pending
and delivered. This scheme should, however, be give effect to as an
experimental measure for a period of two years from the date of the
introduction of the scheme. A report about the efficacy of the system should be
submitted at the end of this period. [High Court, English Department
(Criminal).]
Copy forwarded to the District Magistrate/
Deputy Commissioner/ District and Sessions Judge, for information and guidance
and for communication to and guidance of the courts subordinate to him.
High Court English Department, (Criminal).
Kartika, 1879, The .............................. November, 1957.
GENERAL LETTER NO. 10
OF 1957
From
Anant Singh, Esq., B.A,B. L.,
Registrar of the High Court of Judicature at
Patna,
To,
The Sessions Judge of Patna, Gaya, Shahabad,
Saran, Muzaffarpur Darbhanga,Monghyr, Bhagalpur, Purnea, Champaran and
Hazaribagh.
Dated Patna, the 6th Asvina, 1879 28th
September., 1957
Sir,
I am directed to say that before the
introduction of the scheme of separation of judiciary from the executive,
criminal courts used to be regularly inspected by the Commissioners, District
Magistrate and even by the Sub-divisional Officers. After the separation, the
responsibility of such inspections in the separation districts has devolved
upon the Sessions Judges. It is, therefore, desirable that they should inspect
the criminal courts in their, judgeships regularly. The Court, therefore,
direct that the Sessions Judge of each district where separation scheme has
been introduced, should inspect annually if possible, but if not, at least once
in every 18 months, each of the subordinate criminal court in his district and
submit a report of his inspection of each court to the High Court. It is
further directed that surprise visits to these courts should also be paid
frequently. [High Court English Department (Criminal)]
The above instructions should be strictly
followed.
Copy forwarded to the Sessions Judge/Judicial
Commissioner/District Magistrate/Deputy Commissioner, for information and
guidance and for information of the courts subordinate to him.
High Court, English Department, (Criminal).
Kartika, 1879, The ................... November, 1957.
First Assistant Registrar.
GENERAL LETTER NO. 2
OF 1959
(Criminal)
From
Anant Singh. Esq., B.A, B. L.,
Registrar of the High Court of Judicature at Patna,
To,
All the Sessions Judges in Bihar and all the
District Magistrates and Deputy Commissioners in Bihar.
Dated Patna, the 24th Asadha, 1881./15th
July. 1959.
Sir,
I am directed to say that is has been noticed
by the Court that the position with regard to realization of fines imposed by
Criminal Courts is rather distressing and is in a deplorable condition in all
the districts of the State. The relevant registers and records are maintained
in a most unsatisfactory manner and the amount realized is comparatively small.
This often leads to accumulation of heavy arrears. The existing rules on the
subject in the Court's General Rules and Circular Orders are, though,
exhaustive enough, two important changes since they were framed, namely, (a) a
great increase in the number of criminal courts, both at Sub-divisional and
district headquarters and (b) the introduction of the scheme of separation of
Judicial and Executive functions, have brought in some new complications
requiring review of the existing rules and modifications in the practice
thereof. The Special Officer Sri (now Sri Justice) Kanhaiya Singh has also
dwelt upon this subject and has made recommendations in this regard in
paragraph 85 (b) of his report on the separation of judicial and executive functions.
Having regard to these circumstances, the Court after due consideration of the
matter and in consultation with the State Government have been pleased to
decide that the procedure mentioned below should be adopted in the matter of
realization of criminal fines imposed by the criminal courts and direct that
the same be strictly followed by all concerned. [High Court English Department
(Criminal)]
(a)
With
regard to Judicial and Munsif-Magistrates in separation districts, a separate
fine Register should be maintained which will be in charge of a clerk on the
establishment of the District and Sessions Judge. The Registrar of the Civil
Courts, where there is the Registrar system, will perform the functions of the
Judge-in-charge of Accounts referred to in rule 17 at page 146 of the Court's
General Rules and Circular Orders, Criminal, Volume I; where there is no
Registrar, the Judge-in-charge of Accounts of the Civil Courts will perform the
same functions with regard to criminal fines as well. The Nazir of the Civil
Courts will perform the functions referred to in rules 8 to 14 at pages 142-145
and rules 20 to 22, at pages 147-149 of the Court's General Rules and Circular
Orders, Criminal, Volume I, which the Nazir of the Magisterial court performs
with regard to criminal fines. The Sessions Judge in his capacity as Additional
District Magistrate in separation districts will be incharge of the registers
and functions, so far as the fines imposed by Judicial and Munsif-Magistrates
are concerned. The District Magistrates and the Sub-divisional Magistrates will
continue to maintain their registers so far Executive Magistrates are
concerned. The Sub-divisional Magistrates will furnish necessary details to the
Sessions Judge in respect of the fines imposed by Judicial Magistrates in their
respective subdivisions.
(b)
In
separation district, the Sessions Judge, in his capacity as Additional District
Magistrate, should prepare a consolidated statement in the form prescribed in
rule 22 at pages 148-149 of the Court's General Rules and Circular Orders,
Criminal, Volume I, with regard to fines imposed by all Judicial Magistrates.
This statement should be sent to the District-Magistrate. The District
Magistrate will then prepare a consolidated statement for the entire district, including
the fines imposed by the Executive Magistrates and sent it to the Commissioner.
(c)
In
non-separation districts, the District Magistrate or the Additional District
Magistrate should be asked to pay more attention to the question of realization
of criminal fines. For that purpose, he should see that the relevant rules in
the Court's General Rules and Circular Orders are complied with.
(d)
The
system of maintaining fine records in the form of an order-sheet, showing the
different steps taken for the realization of criminal fines by each criminal
court should be placed on a permanent footing. From these order-sheets, the
clerk-in-charge of the Fines Registers will get all the necessary information
for filing in the entries in the Register of Criminal Fines in form nos. (A)17
& (A)17-A.
(e)
The
Bench Clerk of each criminal court should be under a duty to give necessary
information every week with regard to the imposition and realization of
criminal fines to the Fine Department at the sub-divisional or the district headquarters,
as the case may be.
(f)
A
separate register may be opened in form no. (A) 17 or A(17)-A for Railway
cases, the entries concerning which should not be posted in the General Fine
Register. The reason for opening a separate register for Railway cases is that
a large number of cases result in imposition of fines and in most of these
either the fines are not paid or wrong names or addresses area given. If a
separate Register is opened for such cases, it will be easier to check the
realization of fines imposed in them.
(g)
It
appears that in most of the districts rules in respect of the fines are not
fully observed, mainly because the work has increased to such an extent that
the officers concerned have not the time to devote to the matter. The Court
direct that the clerk-in-charge of the Fine Register in some of the heavy
non-separation districts should be divested of all other work so that he may
devote his full time to the proper maintenance of Register of Fines.
The above instructions should be strictly followed.
Registrar.
Memo No. XLIXD-51-58.
Dated Patna, the ..................... 1959.
Copy forwarded to the Sessions Judge/Judicial
Commissioner/District Magistrate/Deputy Commissioner, for information and
guidance and for communication to and guidance of the courts subordinate to
him.
High Court,
English Department,
(Criminal).
Sravana, 1881,
The August, 1959.
GENERAL LETTER NO. 4
OF 1959
(Criminal)
From
Sarju Prasad Singh, Esq.,
Registrar of the High Court of Judicature at
Patna,
To,
All The District Magistrates and Deputy
Commissioners in Bihar and the District and Sessions Judges of the Separation
Districts in Bihar.
Dated Patna, the 26th Agrahayana, 1881./17th
December, 1959
Sir,
I am directed to invite your attention to the
instructions contained in General Letter no. 8 of 1957 (Criminal) and to say
that on considering the reports received from the different districts about the
efficacy of the system introduced under the above letter, the Court have been
pleased to decide that the system should be extended for another two years
subject to the modification that the Magistrates at Sadar should now submit
report once a week and those in Subdivisions once in every fortnight in the
enclosed 'proforma'. [High Court, English Department (Criminal).]
I am to request that the above instruction
should be strictly followed and a report about the efficacy of the system
should be submitted at the end of this period.
Copy forwarded to the District
Magistrate/Deputy Commissioner/Sessions Judge, for information and guidance and
for communication to and guidance of the courts subordinate to him.
Second Assistant Registrar.
High Court,
English Department,
(Criminal).
Sravana,1881.
The ..........................
August, 1960.
PROFORMA
1.
Number
of witnesses present.
2.
Number
of witnesses examined.
3.
Number
of witnesses cross-examined.
4.
Number
of witnesses examined and cross-examined.
5.
Total
of columns 2 to 4.
6.
Total
number of official witnesses present but not-examined and reason for the same.
7.
Total
number of non-official witnesses present but not examined and reason for the
same.
8.
Number
of adjourned judgments.
9.
Number
of judgments fixed for the day.
10.
Total
of columns 8 and 9.
11.
Number
of judgments delivered.
12.
Whether
any judgment adjourned beyond 14 days.
GENERAL LETTER NO. 1
OF 1961
(Criminal)
From
Sarju Prasad Singh. Esq., B.L.
Registrar of the High Court of Judicature at
Patna,
To,
The Sessions Judge of Patna, Gaya, Shahabad,
Saran, Champaran, Muzaffarpur, Darbhanga, Monghyr, Bhagalpur, Hazaribagh and
Purnea.
3rd Magha, 1882.
Dated the 23rd January, 1961.
Sir,
I am directed to say that at present there
are no orders requiring the Judicial, Honorary and Munsif-Magistrates in
separation districts to make a periodical inspection of their offices. The
Courts are of the view that it is desirable that each Judicial, Honorary and
Munsif-Magistrate in separation district should inspect his office. Such an
inspection will not only, enable the Presiding Officer to know the condition of
his office, but will greatly facilitate the inspection of the Sessions Judge
and the Peripatetic District and Sessions Judge and will give them an
opportunity of ascertaining as to what extent the Magistrates have interested
themselves in the administration of their respective offices. The Court,
therefore, direct that the Magistrates in separation districts should make a
through inspection of their offices once a year and should submit to the
Sessions Judge for his information a copy of their inspection notes. The
District and Sessions Judges should pass such orders on these inspection notes
as they may think fit and make a mention of it in their Annual Reports on the
administration of Criminal Justice whether all the Magistrates have inspected
their offices during the year. It will not, however, be necessary to forward
either a copy of the inspection note or orders passed therein to this Court,
but where an officer has not been so inspected, the name of the Officer, who
has failed to make the inspection should be reported and his explanation should
be obtained and forwarded. [High Court English Department (Criminal)]
Copy forwarded to the Sessions Judge/Judicial
Commissioner/District Magistrate/Deputy Commissioner, for information.
High Court English Department,
(Criminal).
Asadha, 1883,
The July. 1961.
By order of the High Court
C.N. Tiwary,
First Assistant Registrar.
GENERAL LETTER NO. 3
OF 1961
(Criminal)
From
Shambhu Prasad Singh, Esq.,
B. L., Registrar of the High Court of
Judicature at Patna.
To,
The Sessions Judge of Patna, Gaya, Shahabad,
Saran, Champaran, Muzaffarpur, Darbhanga, Monghyr, Bhagalpur, Purnea and
Hazaribagh.
Dated the 22nd Bhadra, 1883./13th September,
1961.
Sir,
I am directed to say that in order to achieve
the desired improvement in the working of magisterial courts and to ensure
non-recurrence of defects and irregularities found by the Peripatetic District
and Sessions Judges in course of their inspection, the Court direct that each
and every Magistrate, even a Magistrate newly posted in the Judgeship, should
go through the previous inspection notes, recorded by the Peripatetic District
and Sessions Judge, and should submit a report to this effect within a
reasonable time to the Peripatetic District and Sessions Judge through the
District and Sessions Judge. Instead of every Magistrate sending his report to
the Peripatetic District and Sessions Judge individually, each Magistrate
should prepare the report in triplicate, keep one as office copy and send two
copies to the Sessions Judge, who in return would send one copy of each of the
Magistrates report to the Peripatetic District and Sessions Judge after
collecting them. [High Court English Department (Criminal)]
The above directions may be brought to the
notice of all the Magistrates subordinate to you.
Copy forwarded to the Sessions Judge/Judicial
Commissioner/District Magistrate/Deputy Commissioner, for information.
High Court
English Department,
(Criminal).
Agrahayana, 1883,
The November, 1961.
GENERAL LETTER NO. 4
OF 1961
(Criminal)
From
S.P. Singh, Esq., B.L.,
Registrar of the High Court of Judicature at
Patna.
To,
The Sessions Judge of Patna, Gaya, Shahabad,
Darbhanga, Saran, Champaran, Purnea, Muzaffarpur, Monghyr, Bhagalpur and
Hazaribagh.
19th Sravana, 1883. Dated the 10 August,
1961.
Sir,
I am directed to say that it has been brought
to the notice of the Court that the Judicial Magistrates do not maintain the
Registers of letters received and issued. No such register has been prescribed
by the Court for the use of Criminal Courts. On the civil side, however,
Registers nos. 60 and 61, at pages 49 and 50 of the Register and Return Manual,
1932, prescribed by the Board of Revenue, are maintained in accordance with
rule 5, at page 178 of G. R. and C. O., Civil, Vol. I.* [High Court, English Department
(Criminal) *1955, Edn.]
The Court have, therefore, decided that the
Registers of letters received and issued may also be maintained by the Judicial
Magistrates in the aforesaid forms, prescribed by the Board of Revenue. The
Judicial Magistrates may be directed accordingly.
The above instructions may be followed
strictly by all concerned.
Yours faithfully,
S.P. Singh, Registrar.
Memo No. XLIXD-6-61
Copy forwarded to the Sessions Judge of
......................... for information and guidance and for communication to
and guidance of the Courts subordinate to him.
High Court English Department,
(Criminal).
Pusa, 1883,
The..................
January. 1962.
GENERAL LETTER NO. 3
OF 1962
(Criminal)
From
Shambhu Prasad Singh, Esq.,
B. L., Registrar of the High Court of
Judicature at Patna,
To,
All the District Magistrates and Deputy
Commissioners in Bihar and the District and Sessions Judges of the Separation
Districts in Bihar.
5th Vaisakha, 1884 (S) Dated Patna, the 25th
April, 1962.
Sir,
I am directed to say that with a view to
ensure speedy disposal of cases and regular exercise of control over the
working of the Magistrates, the Court at the instance of the State Government
had issued General Letter no. 8 of 1957 (Criminal) for obtaining a report each
day from the Magistrates at Sadar, a weekly report from the Magistrates in the
Subdivisions, showing figures of witnesses present, examined and discharged and
the number of judgments pending and delivered. This scheme introduced in the
beginning as an experimental measure for a period of two years, having been
found useful, was extended for another period of two years vide General letter
no. 4 of 1959 (Criminal) with the modification that the Magistrates at Sadar
were to submit the report once a week and those in the Subdivisions once every
fortnight in the enclosed proforma. [(High Court English Department (Criminal)]
The scheme has again been examined and the
reports received from the various districts show that the system introduced
under the aforesaid General letters has proved very useful and the scheme has
contributed considerably towards the purpose for which it was introduced.
The Court have, therefore, been pleased to
decide to place this scheme on a permanent basis but with this modification
that the Magistrates whether posted at Sadar or at Sub-divisional headquarters
should henceforth submit fortnightly reports in the enclosed proforma.
The Court direct that the above instructions
should be strictly followed by all concerned.
Copy forwarded to District Magistrate/Deputy
Commissioner/Sessions Judge/ Peripatetic Sessions Judge, for information and
guidance and for communication to and guidance of the Courts subordinate to
him.
High Court
English Department,
(Criminal).
Sarvana, 1884,
The .......................
August, 1962.
PROFORMA
1.
No.
of witnesses present.
2.
No.
of witnesses examined.
3.
No
of witnesses cross-examined.
4.
No.
of witnesses examined and cross-examined.
5.
Total
of columns 2 to 4.
6.
Total
number of official witnesses present but not examined and reasons for the same.
7.
Total
number of non-official witnesses present but not examined and reasons for the
same.
8.
No.
of adjourned judgments.
9.
No.
of judgments fixed for the day.
10.
Total
of columns 8 and 9.
11.
No.
of judgments delivered.
12.
Whether
any judgment adjourned beyond 14 days.
GENERAL LETTER NO. 4
OF 1962
(Criminal)
From
Shambhu Prasad Singh, Esq.,
B.L. Registrar of The High Court of
Judicature at Patna,
To,
The Sessions Judge of Patna, Gaya,
Shahabad/Monghyr/Bhagalpur/ Darbhanga/Muzaffarpur, Saran/Champaran/Purnea and
Hazaribagh.
Dated Patna, the 14th Chaitra, 1884/4th
April, 1962.
Sir,
I am directed to say that with a view to
remove the difficulties in making payments of diet and travelling allowances to
witnesses attending Courts of Munsif and Judicial Magistrates the State
Government, at the instance of the Court, have, in their letter no.
A/EXW-306/5872611-J., dated 7th March 1959, issued instructions that payments
of diet and travelling allowances to witnesses attending Courts of Munsif and
Judicial Magistrates should be made from the establishment of the Sessions
Judges under the head "27 Administration of Justice-Civil and Session
Courts-Contingencies-Non-contract". They have further modified it by their
letter no. 6352-J. dated 4th November 1960, to the effect that at the stations,
where there is no Civil Court establishment, payments shall continue to be made
from the establishment of the Sub-divisional Magistrate from the head
"27-Administration of Justice-Criminal Courts-Contingencies-Non-contract".
Although the aforesaid two instructions have removed the difficulties to a
great extent it has been suggested by some of the Sessions Judges that they
would work to better advantage and would be more convenient to all concerned if
the witness expenses are deposited in the Civil Courts and not with the Cashier
of the Criminal Courts, as at present in some of the districts. [High Court
English Department (Criminal)]
The Court have, therefore, after due
consideration of the matter, decided that in separation districts the expenses
of witnesses attending the Courts of Munsif-Magistrates and Judicial
Magistrates should be deposited as peremptory deposits in Civil Courts at all
stations except where there are no Civil Courts. At such stations the existing
practice of making the deposits with the Cashier of the Criminal Courts may
continue.
The above instructions should be followed by
all concerned.
Copy forwarded to the District and Sessions
Judge/Judicial Commissioner/ Deputy Commissioner/District Magistrates, for
information and guidance and for communication to and guidance of courts
subordinate to him.
High Court English Department,
(Criminal).
Sarvana, 1884.
The ...............
August, 1962.
GENERAL LETTER NO. 5
OF 1963
(Criminal)
From
Shambhu Prasad Singh, Esq.,
B. L., Registrar of the High Court of
Judicature at Patna.
To,
The Sessions Judge of Patna, Gaya, Shahabad,
Bhagalpur, Monghyr, Darbhanga, Muzaffarpur, Saran, Champaran, Purnea and
Hazaribagh and The Deputy Commissioner of Ranchi, Dhanbad, Singhbhum, Palamu
and Santhal Parganas.
Dated Patna, the 8th Asvina, 1885./30th
September, 1961
Sir,
I am directed to say that it has been brought
to the notice of the court that the Magistrates, while trying cases against
juveniles, do not take recourse to the provisions of the Reformatory Schools
Act, with the result that the population of juveniles offenders in regular
jails is increasing to the point of congestion though there is adequate
accommodation in the Reformatory School at Hazaribagh. Moreover, it is not
advisable for juvenile offenders to be mixed with regular convicts. [High
Court, English Department (Criminal.)]
I am therefore, to request you to direct all
the Munsif-Magistrates and the Judicial Magistrates under you to see that, in
cases, where they are of opinion that a juvenile offender should be convicted
and sentenced to imprisonment and that he should be sent to the Reformatory
School, the file should be submitted to the Sessions Judge under section 9 of
the Reformatory School Act for necessary orders.
Copy forwarded to the Sessions Judge/Judicial
Commissioner/Deputy Commissioner, for information and communication to the
Courts subordinate to him.
Memo no. XXVII (S)-3-63
High Court English Department,
(Criminal).
Agrahayana, 1885,
The ...................
December, 1963.