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The Supreme Court on Thursday directed all the High Courts to expeditiously incorporate Draft Criminal Rules on Practice, 2021 as part of rules governing criminal trials, and the State Governments to make appropriate ammendments in the criminal rules thereafter.

A bench of Justice L Nageswara Rao, Justice BR Gavai and Justice S Ravindra Bhat has further asked the High Courts to ensure that existing rules, notifications, orders and practice directions are suitably modified, and promulgated.

The bench was hearing a suo-motu matter pertaining to the issue of inadequacies and deficiencies in Criminal Trial, the bench had taken cognizance to issue guidelines over the issue.

The bench noted that "few High Court have not taken steps to incorporate draft rules, 6 months time was given to the High Court to implement the directions. The High Courts are directed to comply with the order within 4 weeks and supply a status report."

In addition to this, the bench with regard to the State Governments the bench noted that "Most of the States have not complied with the direction, the States are directed to comply within 8 weeks and supply a status report."

It may be noted that the bench was directing the High Courts and the States in reference to its earlier order dated April 20, 2021, wherein the Court had issued direction over the issue of 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.

The deficiencies were 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 bench had observed.

The bench had noted that "the courts in all criminal trials should, at the beginning of the trial, i.e. after summoning of the accused, and framing of charges, hold a preliminary case management hearing. This hearing may take place immediately after the framing of the charge. In this hearing, the court should consider the total number of witnesses, and classify them as eyewitness, material witness, formal witness (who would be asked to produce documents, etc) and experts."

"At that stage, the court should consider whether the parties are in a position to admit any document (including report of experts, or any document that may be produced by the accused, or relied on by her or him). If so, the exercise of admission/denial may be carried out under Section 294, Cr. PC, for which a specific date may be fixed. The schedule of recording of witnesses should then be fixed, by giving consecutive dates. Each date so fixed, should be scheduled for a specific m number of witnesses. However, the concerned witnesses may be bound down to appear for 2-3 consecutive dates, in case their depositions are not concluded. Also, in case any witness does not appear, or cannot be examined, the court shall indicate a fixed date for such purpose," the bench added.

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