IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS versus THE STATE OF ANDHRA PRADESH & ORS.

IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS versus THE STATE OF ANDHRA PRADESH & ORS.

The Court finalized and issued the Draft Rules of Criminal Practice, 2021 to remedy systemic deficiencies in criminal trials, modified the practice in Bipin Shantilal Panchal by directing that presiding officers should decide objections during proceedings or at the end of a witness's deposition, required that lists...

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Parties
Petitioner: IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS; Respondent: THE STATE OF ANDHRA PRADESH & ORS.
Jurisdiction
India
Judgment Date
20 April 2021
Procedural Posture
Suo Motu Writ (crl) Under Article 32 / Disposed
Outcome
Suo motu proceeding disposed of; Draft Rules of Criminal Practice, 2021 finalized and directions issued
Legal Topics
Draft Rules of Criminal Practice 2021, Recording of Evidence, Exhibits and Material Objects, Translation of Depositions, Pre Trial Case Management, Separation of Prosecution and Investigation, Post Mortem Evidence and Forensic Photography
Criminal Procedure Evidence Investigation Court Practice and Procedure Police Procedure Draft Rules of Criminal Practice 2021 Recording of Evidence Exhibits and Material Objects +4 more

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Parties

IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS

Petitioner

THE STATE OF ANDHRA PRADESH & ORS.

Respondent

Procedural Posture

Suo Motu Writ (crl) Under Article 32 / Disposed

Legal Issues

  1. 1 Deficiencies and non-uniform practices in criminal trials and trial records
  2. 2 Whether uniform rules (Draft Rules of Criminal Practice, 2021) should be adopted by all High Courts
  3. 3 Whether the practice in Bipin Shantilal Panchal v. State of Gujarat regarding deferring objections should remain binding

Ratio Decidendi

The Court finalized and issued the Draft Rules of Criminal Practice, 2021 to remedy systemic deficiencies in criminal trials, modified the practice in Bipin Shantilal Panchal by directing that presiding officers should decide objections during proceedings or at the end of a witness's deposition, required that lists under Sections 207/208 Cr.PC include materials not relied upon by the Investigating Officer, mandated preliminary case management and scheduling for day-to-day trials where practicable, directed separation of prosecutors advising investigators, and ordered High Courts and State/Union authorities to adopt the Draft Rules and amend police manuals within six months.

Court Disposition

Suo motu proceeding disposed of; Draft Rules of Criminal Practice, 2021 finalized and directions issued

Orders

  • Draft Rules of Criminal Practice, 2021 finalized and annexed to the order
  • All High Courts to incorporate the Draft Rules as part of rules governing criminal trials and suitably modify existing rules, notifications and practice directions within six months