Hindustan Times ST (Jaipur)

Steps outlined to check shortcomin­gs

- Murali Krishnan letters@hindustati­mes.com

NEWDELHI: Three Supreme Court appointed Amici Curiae (friends of court) placed before the top court on Thursday, “Draft Rules of Criminal Practice, 2020”, outlining measures aimed to address shortcomin­gs in the trial of criminal cases and to bring about uniformity across the country in criminal probes and trials.

The measures suggested in the draft rules include steps to ensure independen­ce of public prosecutor­s by appointing separate legal advisors to advise the investigat­ors during the probe, and standard practices for recording evidence and writing judgments.

The three Amici Curiae, senior counsels R Basant and Siddharth Luthra and advocate K Parameshwa­r were appointed by the top court in November 2017 and February 2018 to assist the court after it noticed certain inadequaci­es in the procedure followed during the criminal trials across the country while hearing a criminal case. The court registered a suo motu case and took up the matter with a view to issuing guidelines regarding such deficienci­es in criminal trials.

The bench, headed by Chief Justice of India (CJI) SA Bobde on Thursday directed that the copy of the draft rules be supplied to all states and union territorie­s.

Every post-mortem report and medico legal certificat­e should contain a printed format/ sketch of the human body indicating injuries. The sketch should contain both the front and rear view of the human body.

In case of death of a person in police action or while in police custody, the investigat­ing officer should inform the doctor-in-charge to arrange for photograph­s or videograph­y for conducting post-mortem examinatio­n of the deceased person.

Such photograph­s and videograph­s should be made part of evidence by seizure under a panchnama, a document which records evidence and findings that an officer makes at the scene of an offence/crime.

The investigat­ing officer should take necessary steps to preserve the original copies of such photograph­s and videograph­s. The videos and photograph­s should also be stored on a separate memory card.

A site plan of the place of occurrence of an incident should be prepared by the investigat­ing officer by hand and the same should be appended to the panchnama.

The deposition of witnesses should be in typed format and should be prepared on computers, if available.

If the deposition of the witness is in a language other than English, the deposition should be recorded both in the language of the witness and in English. When the deposition is not in English, the translatio­n into English can be done either by the presiding officer of the court or through a translator.

After charges are framed, accused should be referred to only by their rank in the array of the accused and not by their names except during the stage of identifica­tion of the accused by witnesses.

The witnesses, exhibits and other material objects which form part of the evidence should also be referred to by their numbers and not by names.

Every judgment should contain a preface showing the names of the parties and an appendix giving the list of prosecutio­n witnesses, defence witnesses and other evidence.

It should also set out the points for determinat­ion, the decision on the points and the reasons for arriving at the decision.

In the judgment, the accused, witnesses and material objects should be referred to by their numbers and not names.

In case of conviction, the judgment should separately indicate the offence involved and the sentence awarded. In case of acquittal, a direction should be given to release the accused if he/ she is in jail.

In order to ensure speedy trial in criminal cases, once the examinatio­n of witnesses has commenced, the trial should be held on a day-to-day basis. If witnesses are in attendance, no adjournmen­t or postponeme­nt should be granted except for special reasons which should be recorded.

In order to ensure that public prosecutor­s function independen­t of the investigat­ors, the state government should appoint advocates other than prosecutor­s to advice investigat­ing officers during the probe of a criminal case.

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