The Top court had initiated the suo moto proceedings under Article 32 TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS.

The Court noticed common deficiencies which occur in the course of criminal trials and certain practices adopted by trial courts in criminal proceedings as well as in the disposal of criminal cases and causes. These related, amongst others, to the manner in which documents (i.e. list of witnesses, list of exhibits, list of material objects) referred to are presented and exhibited in the judgment, and the lack of uniform practices in regard to preparation of injury reports, deposition of witnesses, translation of statements, numbering and nomenclature of witnesses, labeling of material objects, etc. These very often lead to asymmetries and hamper appreciation of evidence, which in turn has a tendency of prolonging proceedings, especially at the appellate stages.

The Court had noticed that on these prominent aspects, rules appeared to have been formulated by certain High Courts, whereas many other High Courts have not framed such rules. This has led to a lack of clarity and uniformity in regard to the presentation of trial court proceedings and records, for the purpose of appreciation at the High Court level and eventually, before top court.

The Court had appointed Mr. Sidharth Luthra and Mr. R. Basanth, Senior Advocates as amici curiae. Later Mr. K. Parameshwar, learned counsel was also appointed as amicus curiae to assist the senior counsel who were earlier appointed as amici curiae.

After considering the suggestions made during the colloquium, the amici curiae had submitted the “Draft Rules of Criminal Practice, 2020”. After considering thoughly, the Apex Court opined that Draft Rules of Criminal Practice, 2021 should be finalized and issued the following directions:

(a) All High Courts shall take expeditious steps to incorporate the said Draft Rules, 2021 as part of the rules governing criminal trials, and ensure that the existing rules, notifications, orders and practice directions are suitably modified, and promulgated (wherever necessary through the Official Gazette) within 6 months from today. If the state government’s co-operation is necessary in this regard, the approval of the concerned department or departments, and the formal notification of the said Draft Rules, shall be made within the said period of six months.

(b) The state governments, as well as the Union of India (in relation to investigating agencies in its control) shall carry out consequential amendments to their police and other manuals, within six months from today. This direction applies, specifically in respect of Draft Rules 1-3. The appropriate forms and guidelines shall be brought into force, and all agencies instructed accordingly, within six months.

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