©

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT  OF  TAMIL  NADU [R. Dis. No. 197/2009.
2019 [Price : Rs. 160.80 Paise.

TAMIL  NADU
GOVERNMENT  GAZETTE
PUBLISHED BY AUTHORITY

No. 51A] CHENNAI, WEDNESDAY, DECEMBER 18, 2019

Markazhi 2, Vikari, Thiruvalluvar Aandu–2050

Part  III—Section 2
(Supplement)

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

JUDICIAL NOTIFICATIONS
THE CRIMINAL RULES OF PRACTICE, 2019

[1]
DTP—III-2 (51A)
 12

THE CRIMINAL RULES OF PRACTICE, 2019

No. SRO C-18/2019.

In exercise of the powers conferred by Article 227 of the

Constitution of India, section 477 of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974) and of all other powers thereunto
enabling, the High Court of Judicature at Madras, with the previous
approval of the Government of Tamil Nadu and the Government of
Union Territory of Puducherry, hereby makes the following Rules for
the guidance of all Criminal Courts:−

CHAPTER - I

PRELIMINARY

1. Short title, commencement and application.− (1) These

Rules may be called the Criminal Rules of Practice, 2019.

(2) They shall come into force with effect from 1st January,
2020.

(3) They shall apply to all the criminal Courts within the
jurisdiction of the High Court of Judicature at Madras.

2. Repeal and savings.− On the coming into force of these

Rules, all previous Rules governing any matter dealt with or covered
by these Rules shall stand repealed and all circulars previously issued
shall cease to have effect to the extent to which such circulars are
inconsistent with these Rules:

Provided that, nothing contained in these Rules shall affect the

validity of anything done, any action or decision taken or order
passed under the previous Rules or Circulars before the
commencement of these Rules.
 2

3. Definitions.− (1) In these Rules, unless there is anything

repugnant in the subject or context,-

(a) “Code” means the “Code of Criminal Procedure, 1973

(Central Act 2 of 1974)” as amended from time to time;

(b) "Court" means any Criminal Court as enumerated in

section 6 of the Code excluding Executive Magistrates;

(c) “Form” means a Form appended to these Rules;

(d) “Government” means, wherever the context so

requires, the Government of the State of Tamil Nadu or the
Government of the Union Territory of Puducherry;

(e) “The High Court” means the High Court of Judicature

at Madras;

(f) “Section” means the section of the Code;

(g) “Magistrate” shall include, if the context so requires,

the Special Judges appointed under various enactments and
who are empowered to take cognizance of offences directly.

(2) Words and expressions used herein and not defined in

sub-rule (1) shall have the same meaning assigned to them in the
Code or in the Indian Penal Code, 1860 (Central Act XLV of 1860) or
any other law for the time being in force.

4. Sitting of Courts.− (1) The hours of sitting of Courts other

than the High Court shall, as may from time to time, be determined
by the High Court by an order in this behalf.
 3
4

Provided that if the circumstances so require, the Court may

commence sitting before the time prescribed and continue until such
hour as may be necessary.

(2) Sunday shall be deemed a dies non and no case shall be

heard and no judicial act formally announced or done on a Sunday.

(3) Notwithstanding anything contained in sub-rules (1) and

(2), in case of absolute urgency, such as remand of accused, grant of
bail in bailable offences and such other matters as may be specified in
this behalf by the High Court, from time to time, the Magistrate or
Court may pass orders on any holiday.

(4) No Presiding Officer shall pass any judicial order in his

Chamber, except in cases where orders are passed immediately after
in camera hearings.
 45

CHAPTER - II

MAGISTRATE COURTS

INVESTIGATION AND REMAND

5. Receipt of First Information Report and Occurrence

Report.− (1) The Judges and Magistrates receiving First Information
Reports and Occurrence Reports by prosecuting agencies, shall affix
their full signature on each page, record the date and time of receipt
on the first page and record their name and designation. The name or
the number of the messenger shall also be noted. If the First
Information Report/Occurrence Report is received by post, the
envelope shall be initialled and preserved.

(2) The Judges and Magistrates receiving Inquest Reports,

post-mortem reports, statements and other documents from the
prosecuting agencies shall put their initial on every page with date.

(3) The receipt of the First Information Report or the

Occurrence Report, as the case may be, shall be entered in the First
Information Report Register immediately in consecutive numbers
police station-wise without any gap in Administrative Form No.18
(Criminal Register No.18), which shall be maintained annually. First
Information Reports/Occurrence Reports received after the Court
hours or on holidays should be entered first in the First Information
Report Register on the next working day. Pending First Information
Reports of a year shall be brought forward in the register of the
succeeding year.
 56

6. Remand.− (1) No accused shall be placed under remand for

the first time, unless he is produced physically. At the time of remand,
the Judge/Magistrate shall see if there is any injury on the person of
the accused. Any such injury shall be recorded in the remand order
and the remand warrant as well. It is permissible to make extensions
of remand through the medium of electronic video linkage.

(2) Where an accused is detained in hospital and if the Court

is satisfied from the medical certificates/records that the accused is
not in a position to be moved and produced before the Court
concerned, the Judge / Magistrate shall proceed to the hospital, visit
the accused and may remand or extend the remand period. Before
proceeding to the hospital for remand, the Judge/Magistrate shall
inform the Superintendent of Prison concerned for facilitating the
prison officials to take the remand prisoner into custody.

(3) The Judge/ Magistrate may draw the actual conveyance

charges incurred by them on such trips, from their office
contingencies as provided in item II-(A) (2) of Appendix 7 to the
Tamil Nadu Financial Code, Volume II. Such expenditure shall be
classified as “Office Expenses” under “21. Administration of justice –
AE. Criminal Courts.” For Puducherry, the General Financial Rules,
2017 or the Delegation of Financial Powers Rules, 1978, as the case
may be, shall be applicable. Such expenditure shall be classified as
travelling expenses under the respective head of account.

(4) When an accused is brought before a Court subordinate to

the High Court in execution of a warrant issued under section 390 of
the Code, the Court, before committing him to prison, shall furnish in
 67

writing to the accused, the Number of the appeal and the Court which
issued the warrant. If the accused is committed to prison, the said
Court shall forthwith report the same to the Court which issued the
warrant.

(5) When an accused is produced for remand on his arrest,

the Court shall furnish to the accused, a copy of the memorandum of
arrest recorded by the arresting officer and if the accused has no
means to engage an advocate, he shall be informed by the Court that
he is entitled to legal assistance.

(6) The Magistrate shall not grant remands to police custody,

unless they are satisfied that there is good ground for doing so. A
request for remand to police custody shall be accompanied by an
affidavit setting out briefly, the prior history of the investigation and
the likelihood of further clues which the police expect to derive by
having accused in custody, sworn by the investigating or other police
officer, not below the rank of a Sub-Inspector of Police. The
Magistrate shall decide after perusal of the affidavit. He shall
personally see and satisfy himself about the accused being sound in
mind and body before entrusting him to police custody and also at the
end of the period of custody by questioning him whether, he had, in
any way, been interfered with during the period of custody. Where the
object of a remand is verification of the statement of an accused, he
shall, whenever possible, be remanded to the charge of a Magistrate;
and the period of remand shall be as short as possible.

(7) Whenever a Magistrate other than the Chief Judicial

Magistrate/Chief Metropolitan Magistrate remands an accused person
 78

to the custody of the police under section 167 of the Code, a copy of
the order of remand with the recorded reasons therefor shall be
submitted within twenty four hours to the Chief Judicial Magistrate or
Chief Metropolitan Magistrate, as the case may be.

(8) In computing the period of 15 days mentioned in

sub-section (2) of section 167 or the first proviso to sub-section (2)
of section 309 of the Code, both the day on which the order of
remand is made and the day on which the accused is ordered to be
produced before the Court, should be included in Judicial Form Nos.14
and 25, respectively.

(9) When the accused is produced for remand, if it appears to

the Judge/Magistrate that the accused is a juvenile, he shall record
such opinion and forward him to the jurisdictional Juvenile Justice
Board for further orders. The Juvenile Justice Board shall act in
accordance with the provisions of the Juvenile Justice (Care and
Protection of Children) Act, 2015 (Central Act 2 of 2016), as amended
from time to time.

(10) Classification of under-trial political prisoners.− The

remanding Magistrates shall make the initial recommendation for
classification of under-trial political prisoners in the special class to
the Chief Judicial Magistrate in the mofussil or Chief Metropolitan
Magistrate in the city of Chennai, as the case may be, by whom the
recommendation shall be approved or reviewed. Such prisoners
recommended for classification in the special class shall be tentatively
treated as belonging to that class until the orders of the Chief Judicial
Magistrate or Chief Metropolitan Magistrate concerned approving or
reviewing the recommendation is received.
 89
Judicial Fo
(11) When a transgender is arrested and produced before a
Magistrate, after passing the necessary orders in relation to his/her [See Rule

remand, the Magistrate shall pass an order to conductOrder

a medical testparties to put in w
requiring
on him/her by a competent medical officer not below the rank of
(S.145(1),
District Medical Officer in order to ascertain his/her predominant sex
In the Court of the ….............
orientation and obtain a medical report to that effect. Based on the
said medical report, the Magistrate shall pass an order to detain
Miscellaneous Case
him/her either in the Men Prison or Women To Prison depending upon
the predominant sex orientation, with a direction to the Prison
Whereas, it has been made to appear to me
authorities to provide necessary safeguards to ensure that no
inconvenience is caused to the transgenderthat
by athe
dispute likely
other to causeand
inmates a breach of the peace

vice versa. Until determination by the District

limits ofMedical Officer,
my jurisdiction. . . .the
. . . . I do hereby req
transgender shall be admitted to the Government Hospital
advocate within in the
…...... days from the receipt of t
prisoners' ward under security.
claim as respects the fact of actual possession of the

Reasons:
(12) When a woman accused, with her child of six years and
below, is arrested and produced for remand, the Judge/Magistrate
Given
shall make all endeavour to hand over the custody underchild
of the my hand and the seal of the Co
to any
nearest relative and, if no such relative is available, he shall proceed
with the remand of the mother and specify about the child in the
(Seal)
remand warrant. If the child is above six years of age, it shall be
handed over to any of its nearest relatives or the Child Welfare
Committee, as the case may be.

(13) When an Investigating Officer produces an accused, who

is said to have been involved in a crime, which took place not within
the State of Tamil Nadu or the Union Territory of Puducherry, as the
case may be, before a Judge/Magistrate with a prayer to grant a
Transit Warrant for transmitting him out of the State of Tamil Nadu or
the Union Territory of Puducherry and to produce him before the
 10
9

jurisdictional Court, the Magistrate, subject to the provisions of

sections 80 and 81 of the Code, shall record the date, time and place
of arrest and shall give a Transit Warrant in Judicial Form No.83 by
fixing a time for his production before the jurisdictional Court by
taking into account the distance between the Court in which Transit
Warrant is requested and the Court before which he is to be
produced. The Magistrate shall also send a communication in Judicial
Form No.84 to the jurisdictional Court in this regard.

(14) Sub-rules (1) to (13) shall apply to arrest by officers,

other than police officers, who are empowered to arrest a person.

7. Procedure for arresting accused already in custody.−

Without prejudice to sub-rule (2) of rule 519 of the Tamil Nadu Prison
Rules, 1983, an accused in judicial custody may be formally arrested
by police or other prosecuting agency in any other case by serving on
him, the grounds of his arrest in the office of the officer in-charge of
the prison, countersigned by such officer and intimating the fact of
such arrest to the Court which had remanded him to judicial custody
and also to the Court before which the latter case is pending. On such
intimation, the Court in which the latter case is pending, shall cause
production of the arrested accused before it under intimation to the
Court on whose order he is in judicial custody. On production of the
accused before the Court in which the latter case is pending, such
Court may remand him to police custody or judicial custody, as the
case may be, under intimation to the Court on whose order he is
originally in judicial custody.
 11
10

8. Recording of Dying Declaration.− (1) The Chief Judicial

Magistrate or the Chief Metropolitan Magistrate, as the case may be,
from time to time, may nominate and notify in the notice board of the
Courts in the District, a Magistrate/Magistrates in the District to
record dying declaration.

(2) In cases of emergency, any Magistrate who has not been

nominated under sub-rule (1) may record a dying declaration on
receipt of a request from the hospital or police or otherwise.

(3) Before recording the declaration, the Magistrate shall

disclose his identity to the declarant. The Magistrate shall ensure that
the police or the relatives of the declarant are not present at the time
of recording the dying declaration. He shall satisfy himself that the
declarant is mentally fit to make a declaration. He shall also put
simple questions to elicit answer from the declarant with a view to
knowing his state of mind and that he was not tutored or influenced
to make such statement and should record the questions and
answers, signs and gestures together with his own conclusion in the
matter. He shall also obtain, whenever possible, a certificate from the
Medical Officer as to the mental condition of the declarant.

(4) The declaration should be taken down in the words of

declarant as far as possible. The Magistrate should try to gather from
the declarant, the particulars necessary for the identification of the
persons referred to in the declaration. Every question put to the
declarant and every answer or sign or gesture made by him in reply
shall be recorded.
 12
11

(5) After the declaration is recorded, it shall be read over to the

declarant and his signature or thumb or finger impression obtained
thereon, if possible, and then, the Magistrate shall sign the
statement. No police officer shall be allowed to be present before or
during recording of such statement.

(6) If the Magistrate does not know the language of the

declarant, he may, if possible, engage a Translator or he shall record
the same in an electronic device.

(7) After recording a dying declaration, the Magistrate shall

arrange to take two photocopies of the same under his direct
supervision and certify them as true copies. The dying declaration in
original shall be sent in a sealed cover to the jurisdictional Court or
Magistrate, as the case may be, through a special messenger or by
Registered Post with Acknowledgment Due. One such certified
photocopy of the dying declaration shall be furnished by the
Magistrate to the Investigating Officer of the case, free of cost,
immediately, with a specific direction to use it only for the purpose of
investigation and not to make its contents public until the
investigation is completed and final report filed. The other certified
photocopy of the dying declaration shall be kept in a sealed cover in
the safe custody of the Magistrate.

(8) After the completion of the process, the Magistrate shall

make necessary entries in Judicial Form No.11.
 13
12

9. Test Identification Parade.− (1) An application for

conduct of test identification parade, shall be made under section
54-A of the Code by the Investigating Officer, to the Court having
jurisdiction.

(2) On such application being made, the Court may direct the
person so arrested to subject himself to test identification parade.

(3) The Court shall make a request to the Chief Metropolitan

Magistrate/Chief Judicial Magistrate of the District to nominate a
Magistrate, other than the Magistrate who has jurisdiction of the
case, to conduct the test identification parade.

(4) Upon receipt of such request, the Chief Metropolitan

Magistrate/Chief Judicial Magistrate shall immediately pass orders
nominating a Magistrate, other than the jurisdictional Magistrate, to
conduct test identification parade and inform the same to the
Magistrate so nominated and to the Investigating Officer.

(5) The Magistrate so nominated shall conduct the test

identification parade and after preparing the Test Identification Parade
report, he shall arrange to take two photocopies of the said report
under his direct supervision and certify the same as true copies.

(6) He shall send the test identification parade report in

original in a sealed cover to the jurisdictional Court through a special
messenger or by Registered Post with Acknowledgment Due.
 13
14

(7) One certified photocopy of the Test Identification Parade

report shall be furnished by the Magistrate to the Investigating Officer
of the case free of cost, immediately, with a specific direction to the
latter to use it only for the purpose of investigation and not to make
its contents public, until the investigation is completed and final
report filed.

(8) The other certified photocopy of the Test Identification

Parade report shall be kept in a sealed cover in the safe custody of
the Magistrate.

(9) After the completion of the process, the Magistrate shall

make necessary entries in Judicial Form No.12.

10. Recording of Confession.− (1) The Investigating

Officer, when he has reason to believe that the accused is likely to
confess to his guilt, may make a report to the Chief Judicial
Magistrate of the District or the Chief Metropolitan Magistrate of the
City, as the case may be, and the Chief Judicial Magistrate or the
Chief Metropolitan Magistrate, as the case may be, shall, thereafter,
nominate a Judicial Magistrate or a Metropolitan Magistrate, as the
case may be, within his jurisdiction, other than the Magistrate having
jurisdiction over the case, for the purpose of recording the confession
of the accused.

(2) When the accused volunteers to make a confession, he may

make a request either orally or in writing to the Magistrate having
jurisdiction over the case and on such request, the said Magistrate
shall record the confession.

(3) (a) Before recording a confession statement, the

Magistrate shall explain to the accused that he is before a Magistrate;
 15
14

that he is under no obligation at all to make any statement; that he is

free to make a statement or refrain from making any statement; that
it is not intended to take him as an approver and that anything said
by him will be taken down and thereafter, may be used as evidence
against him.

(b) A Magistrate may also put such questions as he may

consider necessary to assure himself that the accused is making the
statement voluntarily.

(c) The questions put forth by the Magistrate as well as the

answers given by the accused shall be reduced to writing.

(4) If the accused person, after being so questioned, expresses

a desire to make a statement, the Magistrate shall give him,
reasonable time for reflection which shall ordinarily be not less than
24 hours.

(5) When the accused person is produced or appears before the

Magistrate after the expiry of the period so granted, he shall again
warn the accused that he is not bound to make any statement and
that any statement made by him may be used against him during the
trial of the case.

(6) If the accused still desires to make a statement and the

Magistrate has reason to believe that he is doing so voluntarily, the
Magistrate shall record the statement of the accused.
 16
15

(7) The Magistrate shall record the statement of the accused in

Court and during Court hours, save for exceptional reasons to be
recorded in writing.

(8) The Magistrate shall ensure that during the questioning of

the accused and the recording of his statement, there are no police
officers in the vicinity.

(9) The accused person shall be questioned in the language

known to him and the answer given by him shall be recorded in his
own words, as far as possible.

(10) After recording the statement of the accused, the same

shall be read out and explained to him in the language known to him
and the fact of having read the statement to the accused and the
accused having admitted its correctness shall be recorded.

(11) The Magistrate shall thereafter append a certificate as

required by sub-section (4) of section 164 of the Code.

(12) After recording the confession statement of an accused,

the Magistrate shall arrange to take two photocopies of the same
under his direct supervision and certify the same as true copies. The
confession statement in original shall be sent in a sealed cover to the
jurisdictional Court through a special messenger or by Registered Post
with Acknowledgment Due. One certified copy of the confession
statement shall be immediately furnished to the Investigating Officer
free of cost with a specific direction to use it only for the purpose of
 17
16

investigation and not to make its contents public until the

investigation is completed and final report filed. The other certified
copy of the confession statement shall be kept in a sealed cover in
safe custody of the Magistrate.

(13) After the completion of the process, the Magistrate shall

make necessary entries in Judicial Form No.13.

11. Recording of statement of victim/witness under

section 164 of the Code.− (1) A statement of a witness/victim can
be recorded under section 164 of the Code only at the instance of the
Investigating Officer of the case.

(2) It is not necessary for the Investigating Officer to

approach the Chief Metropolitan Magistrate/Chief Judicial Magistrate
with an application for nominating a Magistrate to record the
statement of a witness/victim under section 164 of the Code.

(3) A Magistrate, whether he has got jurisdiction or not, to

inquire into or try the case, can record the statement of a
witness/victim under section 164 of the Code, on the request of the
Investigating Officer of the case.

(4) The Presiding Officer of a Special Court which has been

empowered to take cognizance of an offence without there being a
need for committal, may also record the statement of a
witness/victim under section 164 of the Code, on the request of the
Investigating Officer.
 18
17

(5) After recording the statement of a witness/victim under

section 164 of the Code, the Judge/Magistrate shall arrange to take
two photocopies of such statement, under his direct supervision and
certify the same as true copies.

(6) He shall furnish one such certified photocopy of the

statement to the Investigating Officer free of cost, immediately, with
a specific direction to the latter to use it only for the purpose of
investigation and not to make its contents public, until the
investigation is completed and final report filed.

(7) The other certified photocopy of such statement shall be

kept in a sealed cover in the safe custody of the Judge/Magistrate.

(8) If the Magistrate who had recorded the statement under

section 164 of the Code is not the jurisdictional Magistrate, he shall
send the original statement to the jurisdictional Court, either through
a special messenger or by Registered Post with Acknowledgment Due.

(9) If the Magistrate who had recorded the statement under

section 164 of the Code is himself the jurisdictional Magistrate, he
shall keep the original of the statement in the case records.

(10) The Magistrate may also take the services of a Translator,

if circumstances so require.

(11) In the course of recording such statement, if the

Magistrate finds that the statement is self incriminating, he shall not
proceed to record further. Further, statement of such deponent should
be recorded by following the procedure provided in rule 10.
 18

19

(12) After the completion of the process, the Magistrate shall

make necessary entries in Judicial Form No.13.
 20
19

CHAPTER - III

BAIL AND SURETIES

12. Bail in non-bailable cases.− (1) The power of admitting

a prisoner to bail in a non-bailable offence is a matter of judicial
discretion and not a ministerial act; and the main or prime
consideration in the exercise of that discretion should be the
likelihood of the prisoner failing to appear at the trial. Other factors
requiring consideration are the seriousness of the offence, previous
conviction, if any, of the accused, abnormal conditions and necessity
to take special precautions in particular cases. Bail should not be
refused nor prohibitive bail insisted upon, merely on the ground that
the police desire it, as such a decision may lead to grave injustice. A
Magistrate may, however, take into consideration the information
supplied and the reports made by the police. The provisions of
sections 437, 439 and 440 of the Code should be strictly adhered to
for the purpose of bail.

(2) While ordering bail, the amount of the bond shall be fixed
taking into account the financial capacity of the accused.

(3) The accused who are indigent and unable to furnish

sureties may be released on their own bond after taking into
consideration, the nature of the offence and the possibility of the
accused not absconding.

(4) Application for relief under section 438 of the Code shall
be accompanied by a sworn affidavit of the applicant.
 21
20

13. Surety.− An advocate shall not be accepted as surety,

unless the accused is his blood relative.

14. Verification of solvency of sureties.− (1) The

responsibility for accepting the surety as solvent for the required
amount is primarily that of the presiding officer of the Court and he
should discharge it himself by making such summary enquiry as in
the circumstances of the case, he may think fit.

(2) The production of a solvency certificate from the Revenue

Authorities is not always essential and may be insisted upon only in
cases of doubt and cases involving large sums.

(3) For the purpose of determining whether the surety is

solvent or not, the Court may, if it thinks fit, accept affidavits in proof
of the facts contained therein relating to the solvency of the sureties,
or may make such further inquiry as it deems necessary.

(4) Insistence upon the possession of immovable property by

surety for bond of small amounts not exceeding Rs.15,000/- would
cause serious inconvenience to the accused in procuring a surety. The
Judge or Magistrate may, therefore, in suitable cases, where the
amount of bond does not exceed Rs.15,000/-, assess the solvency of
the surety even upon the basis of his movable property and assets.
The intending surety should present his application for suretyship in
Judicial Form No.46. The Head Ministerial Officer should check the
proofs accompanying the applications and thereafter, place the matter
before the Judge or Magistrate with his remarks. However, in the
 22
21

Court of the Metropolitan Magistrate, if the amount of bond exceeds

Rs.15,000/-, the Head Ministerial Officer should check proofs and
submit report to the Magistrate. The Judge or Magistrate should
consider the application in the light of the proofs produced and
examine the surety personally and may also call for further and better
proof. The Judge or Magistrate, after holding a summary enquiry, may
pass an order either accepting the surety or rejecting the application.

(5) To avoid abscondence of accused due to furnishing of

bogus surety bond by a stock surety, in addition to the proof as
mentioned in sub-rule (4) of the format of application of surety, the
surety, in all cases in which the offence is serious and the sentence
provided is of more than 7 years imprisonment or the cases under the
special enactments like the Narcotic Drugs and Psychotropic
Substances Act, 1985 (Central Act 61 of 1985), the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act
33 of 1989), the Protection of Children from Sexual Offences Act,
2012 (Central Act 32 of 2012), the Unlawful Activities (Prevention)
Act, 1967 (Central Act 37 of 1967), the Prevention of Money
Laundering Act, 2002 (Central Act 15 of 2003), etc. shall produce
copy of at least one of the following documents:−

(i) Passport;
(ii) Identity Card issued by the Election
Commission of India;
(iii) Permanent Account Number Card, i.e., PAN
Card issued by the Income Tax Department;
(iv) ATM/Debit Card or Credit Card issued by any
nationalised or private bank of standing at the national level,
having photograph of the holder thereon may be accepted in
conjunction with any other authentic document like
telephone bill or electric bill as proof of residential address;
 23
22

(v) Identity Card issued by the Government

Authorities or the Public Statutory Corporations;
(vi) Any such document, which is ordinarily issued
by an authority after due verification of the identity of the
person and his address, which the Judge or the Magistrate
may think just and proper, in the interests of justice, by
recording specific reasons.

(6) Every surety shall submit two copies of the latest passport
size photograph, which is not older than six months before the date of
submission. In the event of the accused absconding, the Court shall
give one photograph to the police for tracing the surety.

(7) Accused surrendering before a Court for furnishing bond

on the order of the High Court/Sessions Court made under section
438 of the Code, shall affix his photograph in the surrender
application and also submit his identification proof as stipulated above
for the surety. He shall also furnish at least two of his identification
marks in the surrender application.

(8) Orders of bail and suspension of sentence granted by

superior Courts shall be communicated by the said Courts via email,
officially, to the Court to the satisfaction of which, bond has been
directed to be executed, apart from the regular process.

(9) If the accused is not able to produce sureties, the

Magistrate may act under section 445 of the Code.

15. Determination of the sufficiency of bail.− When a Court

of Appeal or Revision orders the release on bail of a person who has
been convicted or committed for trial, the question of the sufficiency
 24
23

of the bail shall, unless the Court of Appeal or Revision thinks fit itself
to determine the sufficiency of the bail or security, be determined by
such Court or Magistrate subordinate to it as the Court making the
order may direct.

16. Bail bond.− The Court authorized to test the sufficiency of

the bail or security shall, when satisfied as to the sufficiency of the
security, forward to the officer in-charge of the prison in which the
accused is confined, the bail bond in Judicial Form No.42.

17. Bail by a superior Court.− In cases where the sentence

has been suspended and bail ordered, the Court authorised to test
the sufficiency of the bail or security shall, when satisfied as to the
sufficiency of the security, forward to the officer in-charge of the
prison, the bail bond in Judicial Form No.42 and shall further, in cases
where bail has been ordered by a superior Court, report to that Court
whether or not the bail has been furnished.

18. Accepting sureties when anticipatory bail is granted

by the High Court or Sessions Court.− (1) Whenever an
anticipatory bail order passed by the High Court or Sessions Court is
produced for the purpose of acceptance of sureties or compliance, the
Magistrate concerned, shall go through the order of anticipatory bail
thoroughly and act in accordance with the directions made therein.

(2) Unless the anticipatory bail directs the accused to

surrender or to file a surrender petition, it is not necessary for the
Magistrate concerned to entertain surrender or pass orders on the
surrender petition.
 25
24

(3) If for any reason, the Magistrate concerned entertains any

doubt or suspicion over the sureties furnished, the Magistrate can
postpone the acceptance of sureties, but the affidavit furnished by the
sureties can be accepted in proof of the facts contained therein
relating to the sufficiency or fitness of sureties and pass an order of
interim bail and release the accused and on enquiry, if it is found by
the Magistrate concerned that the sureties furnished are insufficient,
then, the Magistrate may order the accused to find sufficient sureties
and on his failure to do so, may reject the sureties and remand him
to custody.

19. Executed bail bond and remand warrant.− The officer

in-charge of the prison shall send the executed bail bond with the
remand warrant to the Court concerned.

20. Determination of sufficiency of the security.− When an

order to give security is made under section 106 or section 117 of the
Code, the question of the sufficiency of the security shall be
determined by the Court or Magistrate by whom the order was made.

Provided that when an order to give security is made under

section 106 of the Code by an Appellate Court, or by the High Court
when exercising powers of revision, the question of the sufficiency of
the security shall, unless the said Court thinks fit itself to determine
the sufficiency of the security, be determined by such other Court or
Magistrate subordinate to it as it may direct.

21. Notice to the surety.− The notice to the surety under

section 446 of the Code shall be issued in the form prescribed by the
Code.
 26
25

22. Person not been released on bail or anticipatory

bail.− On the appearance of a person who has not been released on
bail or anticipatory bail, the Court may obtain a bond with or without
sureties under section 88 of the Code in Judicial Form No.74.

23. Person accused of a bailable offence not been

released on bail.− On the appearance of a person accused of a
bailable offence, on summons and who has not been released on bail
earlier in the case, the Court shall admit him to bail with or without
sureties under section 436 of the Code.

24. Person accused of a non-bailable offence not been

released on bail or anticipatory bail.− On the appearance, on
summons, of a person accused of a non-bailable offence, who has not
been released on bail or anticipatory bail, the Court may obtain a
bond in Judicial Form No.74, with or without sureties, in the event of
not remanding the accused into custody.

N.B.:

(1) The Trial Courts are reminded that suspension of sentence

under sub-section (3) of section 389 of the Code can be granted only
if the accused is on bail at the time of judgment.

(2) Every Trial Court and Appellate Court shall require an

accused to execute bail bonds with sureties, after arguments are
heard, in Judicial Form No.75 under section 437-A of the Code and
such bail bonds shall be in force for six months.
 27
26

CHAPTER - IV

PROSECUTION

25. Filing of final report by police and complaint by other

investigation agencies.− (1) Final report by police and complaint
by other investigation agencies shall normally be received on all
working days at fixed hours by the Court having jurisdiction to receive
them. On such receipt, the same shall be entered in the “Register of
Papers Received” in Administrative Form No.60 and in the First
Information Report Register in Administrative Form No.18 (Criminal
Register No.18). In cases, where it is shown to the satisfaction of the
Judge or Magistrate that the accused in detention in the case would
become entitled to be released on compulsory bail under proviso to
section 167 of the Code if the final report or complaint is not filed
immediately, the Judge or Magistrate, as the case may be, shall
receive the final report or complaint even on a holiday or beyond the
working hours of the Court.

(2) The officer-in-charge of the police station forwarding the

final report of any investigation under sub-section (2) of section 173
of the Code, shall file in Court along with such report, as many copies
of such report and also of the other documents mentioned in clauses
(ii), (iii) and (v) of section 207 of the Code as there are accused in
the case. Whenever the Court accepts the photocopies of the
documents certified by the Investigating Officer filed along with the
final report, they shall be compared with the originals and certified by
the Head Ministerial Officer and furnished to the accused to avoid
delay and the case can be committed to the Court of Sessions or
disposed of by the Trial Court, as the case may be.
 28
27

(3) Nothing contained in these rules, shall, however, preclude

the police officer from making any request to the Court under sub-
section (6) of section 173 of the Code to exclude any part of any
statement recorded under section 161 of the Code from the copies to
be granted to the accused or the Court from excluding such part from
such copies.

(4) Complaints filed by other investigating agencies and

private complaints shall be accompanied by as many copies of the
complaint and relied upon documents as similar to the number of
accused in the case.

(5) Except cases arising under the Juvenile Justice (Care and
Protection of Children) Act, 2015 (Central Act 2 of 2016), the
investigating officer shall take photograph of the accused in warrant
cases by resorting to section 5 of the Identification of Prisoners Act,
1920 (Central Act 33 of 1920) after identification parade, if required,
is held and then, submit the photographs along with the final report.
Such photographs can be taken in the prison, if the accused is in
judicial custody, in the presence of the officer-in-charge of the prison,
after obtaining orders from the Magistrate. Where the accused
voluntarily gives his photograph, the Investigating Officer shall accept
and submit the same along with the final report.

(6) Final report filed by police/complaint filed by other

investigating agency shall not be returned even if they are defective.
A separate memorandum should be issued to rectify the defect. If
the defects are not rectified within three months, the Court shall
report the matter to the Commissioner of Police/Superintendent of
Police, as the case may be. In the absence of defects, the same shall
be taken on file within three days from the date of receipt.
 29
28

(7) While receiving the final report, the Head Ministerial

Officer shall verify whether the same is accompanied by the following
documents, wherever applicable:−

(i) First Information Report;

(ii) Complaint or Statement of complainant;
(iii) Charge sheet with memo of evidence;
(iv) Statement of witnesses recorded under section 161 of the
Code. Where the police have not recorded the statement
of a particular witness, the same shall be specifically
mentioned in the Memo of Evidence;
(v) Accident Register Copy with opinion of the doctor;
(vi) Post-mortem Certificate;
(vii) Viscera Report;
(viii) Biology Report;
(ix) Serology Report;
(x) Chemistry Report;
(xi) Observation Mahazar;
(xii) Seizure Mahazar;
(xiii) Police Form 91 (for Tamil Nadu) and Police Form 95 (for Puducherry)
for seizure of properties;

(xiv) Rough sketch;

(xv) Photographs if the photographer has been cited as
witness. Such photographs shall bear the certification
under section 65-B of the Evidence Act;
(xvi) Confession statement of the accused recorded by the
police;
(xvii) Statement of the accused under section 164 of the Code
recorded by the Court, if any;
(xviii) Proceedings of the Test Identification Parade, if any;
(xix) Statement of witnesses under section 164 of the Code
recorded by the Court, if any;
(xx) Requisition given by the Inspector of Police for sending of
properties for Chemical Analysis;
(xxi) Office copy of the covering letter of Committal Court for
sending the properties to laboratory as per the request of
the police;
 30
29

(xxii) Requisition given by the Inspector of Police to conduct

post-mortem on the body of the deceased;
(xxiii) Inquest report with questionnaires;
(xxiv) Material objects as per seizure mahazar, if any;
(xxv) Alteration report, if any;
(xxvi) Death intimation received from the hospital;
(xxvii) Dying declaration of the injured/deceased, if any;
(xxviii) Sexual offence certificate;
(xxix) DNA Test report; and
(xxx) Community Certificate.
P.S.

(i) Final Report should not be returned on the ground that item nos.(vii)
to (x) and (xxix) above have not been filed. Such report can be brought on record
subsequently either under section 293 or 294 of the Code.
(ii) If such report reaches the Magistrate after the committal proceedings,
the same shall be sent immediately to the Sessions Court after furnishing a copy to
the Investigating Officer, free of cost.

(8) On requisition by the investigating agency, if any expert

opinion is sought by the Court, the communication from the Court to
the expert, shall specify that a copy of the report be sent to
investigating agency concerned. As and when the opinion of the
expert is received directly by the Court, a photocopy of the same
shall be furnished to the investigating agency, free of cost, if a copy of
it has not been given to the investigating agency.

(9) System generated final report filed by the police manually

or electronically shall be accepted by the Court.

(10) In the final report and complaint, the e-mail id and mobile
number of the complainant, witnesses and accused, if available, shall
be furnished.

26. Cognizance of the offence.− (1) Where a police report is

filed by the investigating agency in the Court which is empowered to
take cognizance of the offence that,−
 31
30

(a) no offence appears to have been committed; or

(b) the offender is not known; or
(c) no offence appears to have been committed by the person
or by any of the persons named in the First Information Report,

the Court shall issue notice, in Judicial Form No.16, to the person on
whose complaint, investigation is conducted or to any other aggrieved
person deemed necessary by the Court to appear before the Court.
Such notice shall be served in the manner prescribed for the service
of summons in the Code.

(2) On appearance of the complainant or the aggrieved person,

as the case may be, a copy of the report of the Investigating Agency
shall be furnished to him free of cost and he shall be permitted to
obtain certified copies of the statements and other documents
submitted therewith to arrive at such an opinion.

(3) If the complainant/aggrieved person appears, the Court

shall, after hearing him,−

(i) accept the report and close the case; or

(ii) order for further investigation; or
(iii) take cognizance of the offence.

(4) If the complainant/aggrieved person either fails to appear or

notice could not be served by available means, the Court may
proceed to pass orders on the report filed by the police in Judicial
Form No.15.

(5) Cases of which a Magistrate has taken cognizance shall, in

the absence of a specific order of the Chief Metropolitan
Magistrate/Chief Judicial Magistrate to the contrary, be heard by the
same Court.
 31

32

27. Appearance of Advocates.− (1) No person who is not

enrolled as an Advocate under the Advocates Act, 1961 (Central Act
25 of 1961), as amended from time to time, shall be permitted to
plead in any proceeding except to prevent a possible miscarriage of
justice and for reasons to be recorded in writing by the Court. Such
permission shall be restricted to the conduct of the particular case
and shall not operate as a general licence empowering the person so
permitted to plead in all cases.

(2) Any person, who is not an Advocate, permitted under sub-

rule (1), to plead, shall file in Court, a duly stamped power of
attorney from his Principal authorizing him to act as such.

(3) Every Advocate appearing for the prosecution in any Court

other than the Advocate General, Government Advocate, Public
Prosecutor, Additional Public Prosecutor, Special Public Prosecutor and
Assistant Public Prosecutor, shall file a vakalathnama containing the
enrollment number, address for service, e-mail id and mobile number.

(4) Every Advocate defending an accused person in custody in a

criminal proceedings in any Court shall file a Memorandum of
Appearance containing his enrollment number, address for service, e-
mail id and mobile number and a declaration that he has been duly
instructed to appear by or on behalf of the accused whom he claims
to represent. Such Memorandum of Appearance shall not be in force
after the release of the accused from custody or on the accused
giving vakalatnama, whilst in custody, to another advocate. Every
Memorandum of Appearance shall be in Judicial Form No.71.
 33
32

(5) Every Advocate defending the accused person(s), who is/are

not in custody, in a criminal proceeding in any Court shall file
vakalathnama containing his enrollment number, and address for
service.

(6) Every Vakalathnama shall be in Judicial Form No.72.

(7) The execution of Vakalathnama shall be attested by a

Gazetted Officer in the service of the Central Government or of any
State Government or of a Commissioned Officer in the Defence Forces
of India or an Ambassador or Envoy duly accredited by or to the
Central Government or an Advocate enrolled under the Advocates
Act, 1961 (Central Act 25 of 1961) or a Notary Public or
Commissioner of Oaths.

(8) The authority attesting the vakalathnama shall certify that it

has been duly executed in his presence and subscribe his signature
over his name and designation. When a vakalathnama is executed by
a party who appears to the person before whom it is executed to be
illiterate, blind or unacquainted with the language in which the
vakalathnama is written, the person shall certify that the
vakalathnama was read, translated and explained in his presence and
the executant's signature or thumb impression was affixed in his
presence.

(9) The execution of a vakalathnama by a person in custody

may be attested by the Jailor, Station House Officer or other officer
who is in-charge of the person in custody.
 34
33

(10) Every vakalathnama shall contain an endorsement of the

Advocate in whose favour it is executed that it has been accepted by
him and he shall indicate his Bar Council Enrollment number together
with his address for service. If more than one advocate is named in
the vakalathnama, it shall be accepted by all such Advocates but the
address for service may be of any one of them.

(11) Every Advocate appearing on behalf of an accused who has

been exempted from personal appearance under section 205 of the
Code shall file a special vakalathnama in Judicial Form No.73.

(12) Every Memorandum of Appearance filed by the counsel shall

be accompanied with a clear photocopy of the Identity Card issued by
the Bar Council. If more than one advocate is on record, it would
suffice if any of them furnishes the copy of the Identity Card issued
by the Bar Council.

(13) Notwithstanding the termination of the proceedings before

the Court concerned, the appointment of an advocate shall be
deemed to authorise him to appear or to make an application or do
any act in connection with getting copies of judgments and other
documents.

(14) A vakalatnama shall be invalid,−

(a) on the demise of the party; or

(b) on the demise of the advocate; or
(c) on the revocation by the advocate; or
(d) on the order of the Court on an application made by
the party seeking leave to change the advocate or
to appear in person.
 35
34

(15) It is permissible for the advocates to generate the

prescribed Vakalath Form and Memorandum of Appearance Form
containing their ID card number issued by the Bar Council.

28. Complaint.− (1) The complaint shall be presented to the

Magistrate by the party in person or through his authorised Power
Agent.

(2) The complainant shall present, along with the complaint,

as many copies of the complaint as similar to the number of accused
persons complained against.

(3) Complaints made orally by persons unable to write,

should be reduced into writing in the presence of, and under the
direction of, the Magistrate and read over or interpreted to the party
making them.

(4) When a complaint in writing is presented, the Judge or

Magistrate, as the case may be, shall subscribe his initials and date
thereon and the date seal of the Court shall also be affixed.

(5) Every Court shall maintain a separate Complaint Register in

Judicial Form No.10 and shall record the receipt of every complaint
other than the complaint filed by other investigating agency.
 36
35

(6) Where the Court passes an order under sub-section (3) of

section 156 of the Code for investigation by the police, the Court shall
forward the original complaint with a copy of the order to the police
and retain the copy of the complaint and the order in original and
shall also make an entry in the Complaint Register.

(7) Matters not involving a trial or enquiry, but, involving merely

the collection of amounts recoverable as fines, shall not be filed as
regular cases and should be entered directly in the Register of
distress warrants.

(8) Every complaint under any enactment governing the Local

Body, shall contain particulars of the fee or other sum of money
leviable from accused and the rule or bye-law under which such
amount is assessed.

(9) As soon as orders to issue process have been passed upon a

complaint, it shall be sent to the Head Ministerial Officer of the Court
who will furnish the complainant with a notice, showing the amount of
fees to be paid in Court fee stamps and the last date of filing or
paying them.

(10) Where a process fee is paid after the date fixed for
payment, but, before the complaint is dismissed under sub-section
(4) of section 204 of the Code, a petition to excuse delay giving
reasons for such delay shall be filed along with the notice and the
Magistrate may pass such orders on the petition as he deems fit.
 37
36

CHAPTER - V

SUMMONS AND WARRANT

29. Summons.− (1) Summons issued to witnesses shall

ordinarily be signed by the Head Ministerial Officer. The words "//By
order of the Court//” shall invariably be prefixed to the signature of
the Head Ministerial Officer in such cases.

(2) Judges and Magistrates shall themselves sign summons to

accused persons. Such summons shall contain the penal provisions of
which the Court or Magistrate has taken cognizance.

Note: Summons under sub-rules (1) and (2) shall be in Form

No.33 and Form No.1 of the Code, respectively.

(3) Where proceedings have been initiated upon a complaint,

including a complaint by public servant, a copy of the complaint shall
accompany the summons.

(4) Every summons shall state the date, time and place in
which the case to which it relates, will be heard.

(5) In all summonses issued by Court, the prefix

Thiru/Tmt/Selvi/Thirunangai/Thirunambi, as the case may be, shall be
added before the name of the person summoned.

(6) Witness Summons to Public Servants, including Police,

Medical Officers, Surgeons and Experts should be served directly and
the fact shall be intimated to the Head of their Department. In cases
 38
37

of their absence from their Station, summons shall be served through

the Head of the Department.

(7) Special care shall be taken by the Court before any witness
summons is issued to a medical witness and other expert and a
convenient date be fixed to avoid unnecessary postponement of their
examination. If more than one Medical Officer of the same hospital is
cited as a witness in a case, only one may, as far as possible, be
summoned at a time.

(8) No witness summons shall be issued to an expert

enumerated in section 293 of the Code without an order of Court
specially made in this regard. The Court shall ensure that the time
fixed for the examination of such witness is adhered to and that the
absence of the witness from his duties is as brief as possible.

(9) The particulars of the person examined by the Doctor, the

date on which he appeared at the hospital and the number of the
Wound Certificate, Accident Register or Post-mortem Certificate, as
the case may be, shall be mentioned, whenever possible, in the
summons to medical witnesses.

(10) The Court may issue summons to official witnesses

through Heads of Departments in cases where their present address
is not definitely known. The Court may, in such cases, issue a
duplicate copy of the summons also direct to the witness either
through post or through electronic communication or through the
police in the address shown in the final report or complaint.
 39
38

(11) Where the Police is not able to serve summons, it shall be

returned to the Court on the date mentioned in the summons
together with an affidavit sworn by the police concerned detailing the
steps taken by him for effecting service on the witness or accused, as
the case may be.

(12) In cases instituted otherwise than on police report by

public servant, Courts may issue summons in duplicate to the accused
persons and witnesses for service through the public servant
concerned. Where the public servant is unable to serve the summons
despite due diligence, he shall return the same to the Court on the
date mentioned in the summons together with an affidavit detailing
the steps taken for effecting service of the summons.

(13) In cases instituted on private complaints by persons other

than public servants, sufficient number of copies of complaint for
service on each accused together with duly stamped envelopes and
acknowledgement cards/proof of delivery bearing the address of the
accused persons as shown in the complaint for the purpose of
despatching the same by Speed Post with proof of delivery or
Registered Post with Acknowledgment Due, shall be filed with the
process memorandum. The Head Ministerial Officer of the Court shall
affix the address of the Court on the envelope and acknowledgment
card, and despatch the summons and a copy of the complaint to the
addressee through the tapal section of the Court.
 39

40

(14) The procedure set out in sub-rule (12) shall be applicable

to proceedings under Chapter IX of the Code, other miscellaneous
cases and miscellaneous petitions as the Court may direct.

(15) When the serving officer delivers or tenders the summons

to the person summoned or to his agent or other person on his
behalf, he shall require the signature of the person to whom the
summons is delivered or tendered and obtain an acknowledgment of
service endorsed on the duplicate with time and date. Where the
summons is served on the agent or other person, his name and
address shall be written on the duplicate. In the case of illiterate
persons, their thumb impression shall be taken and attested by a
witness. In cases where the summons is despatched by Registered
Post with Acknowledgment Due/Speed Post with proof of delivery, the
service of the envelope on the addressee or any other person on his
behalf may, in the opinion of the Court, be declared to be duly served.

(16) Summons intended to be served upon personnel belonging

to Armed Forces, Para Military Forces or any person residing outside
the State of Tamil Nadu or Union Territory of Puducherry, as the case
may be, shall be either in English or be accompanied by a translation
thereof in English. Such summons should also state that the return of
service or report of non-service, if not in English language, shall be
accompanied by English Translation certified by the Court to which it
has been transmitted for service. Such summons may be served
through the respective battalion head.

(17) All summonses intended to be served on Members of

Parliament or of State Legislature shall be sent through police or the
 41
40

public servant who has laid the complaint or by Registered Post with
Acknowledgment Due. Under no circumstances, they should be sent
to the Presiding Officer of the House for service on Members.

(18) Summons for the appearance as witness of the Presiding

Officer of a House of Parliament or of a State Legislature or the
Chairman of a Committee thereto or of any other person who is, in
the opinion of the Court, entitled to such mark of consideration, shall
be in Judicial Form No.2.

(19) Order requiring parties to put in written statements of their

claims under sub-section (1) of section 145 of the Code shall be in
Judicial Form No.8.

(20) In addition to other modes of service, including other

recognised electronic modes, the Court may issue summons to the e-
mail address of the accused and witness, if available.

30. Summons for production of document.− (1) Every

application for summons for production of a document shall be made
by a verified petition setting out.−

(i) the document, the production of which is believed to be

available;

(ii) the Authority or Person in whose custody the document is

available; and

(iii) the relevancy of the document.

(2) Unless the Court requires the production of the original,

every such summons to a public officer other than a Court, shall state
that he may produce, instead of the original, a copy certified in the
 42
41

manner prescribed by section 76 of the Evidence Act, 1872 (Central

Act 1 of 1872).

(3) No Court shall issue summons for production of the original,

unless it considers its production of original is necessary. The Court
shall, in such case, record its reasons in writing.

(4) Nothing in the above rules shall prevent a Court of its own
motion from issuing a summons for the production of public records
or other documents in the custody of a public officer if it thinks it
necessary to meet the ends of justice to do so after recording the
reasons.

(5) On production of the document in original in obedience to

the summons, the Court, unless it thinks it necessary to retain the
original, shall direct a photocopy to be made by the Copyist
Department of the Court and after certifying the photocopy to be a
true copy of the original, return the original to the person who has
produced, under due acknowledgment in Judicial Form No.57.

Explanation. − Where documents or things, which are required to be

produced, are in the custody of Parliament or State Legislature, the
summons shall specify that the production of the documents or things
before the Court through any authorized officer shall be deemed to be
sufficient compliance.

(6) An application for the production of a document or record

from the custody of a Court shall specify the particulars of the
document or record and the Court in whose custody it is. Unless the
 43
42

Court is satisfied that the production of the original is necessary, the

party shall be required to obtain and file certified copies thereof and
original shall not be sent for.

(7) When a Court finds it necessary to require the production of

the records of another Court, it shall address a letter of request to the
Presiding Officer of that Court.

(8) Summons for production of documents or things shall be in

Form No.33 of the Code.

31. Warrant.− (1) The warrant shall bear the signature of the
Presiding Officer of the Court and the seal of the Court. Use of
facsimile stamps for signing warrant is prohibited. Warrant of arrest
shall be in Form No.2 of the Code.

(2) No warrant of arrest shall be issued unless the Court, for

reasons to be recorded in writing, deems it absolutely necessary.

(3) In cases instituted otherwise than on police report by a

public servant, the Court may direct the warrant of arrest to such
public servant for execution, who may take the aid of police.

(4) Every Court shall maintain a Process Register in

Administrative Form No.13 (Criminal Register No.13) and the Court
and Police shall follow the instructions appended to the Form. Every
Court shall also maintain a Register of non-bailable warrants issued to
 44
43

police stations in Administrative Form No. 14 (Criminal Register

No.14).

(5) A Police Officer or public servant shall obtain the warrant of

arrest from the Court after affixing his signature with his name,
designation, office address and date in the Process Register referred
to in sub-rule (4).

(6) Where a warrant of arrest is transmitted to another Court or

sent to the Police by post for execution, the Head Ministerial Officer
shall record the particulars of the arrest warrant in the register
referred to in sub-rule (4).

(7) An Officer to whom a warrant of arrest is directed, shall

send a report to the Court every thirty days beginning from the date
of receipt of the warrant until it is executed, detailing the steps taken
for executing the same. Every warrant of arrest shall bear the
following Post Script. “A report detailing the steps taken to execute
the warrant should be sent every thirty days until executed.” If the
warrant is not executed within a period of ninety days from the date
of its issue, the Court may direct a superior officer to execute the said
warrant.

(8) When a Member of the Lok Sabha/Rajya Sabha/Legislative

Assembly is arrested on a criminal charge or for a criminal offence or
is sentenced to imprisonment by a Court or is detained under an
executive order, the committing Judge/Magistrate or Executive
authority, as the case may be, shall immediately intimate such fact to
the Speaker / Chairman / Speaker indicating the reasons for the
 45
44

arrest, detention or conviction and the place of detention or

imprisonment of the member in Judicial Form No.79 in respect of
arrest and in Judicial Form No.80 in respect of conviction.

(9) When a Member of the Lok Sabha/Rajya Sabha/Legislative

Assembly is arrested and after conviction, released on bail pending an
appeal or otherwise released, such fact also shall be intimated to the
Speaker/Chairman/Speaker by the authority concerned in Judicial
Form No.81.
 46
45

CHAPTER - VI

ABSCONDING ACCUSED

32. Cases of Absconding accused.− (1) Where the Court has

issued process for the appearance of an accused and the same could
not be served and if the Court is satisfied from the affidavit referred
to in sub-rule (11) of rule 29 and/or report under sub-rule (7) of rule
31 that the accused is in abscondence, the Court may, after having
waited for a reasonable time, proceed under section 82 of the Code,
notwithstanding the power of the Court to record evidence under
section 299 of the Code. Before recording evidence under section
299 of the Code, the Court shall record a finding that it has been
proved that the accused person has absconded and there is no
immediate prospect of arresting him.

(2) If a case referred to under sub-rule (1) involves a single

accused against whom proceedings have been initiated under section
82 of the Code, the Court shall shift the case from the relevant
Register to the Register of Long Pending Cases in Administrative Form
No.30 (Criminal Register No.30).

(3) When there are two or more accused in a case and only
some of them have appeared or have been produced before the Court
and if the Court is satisfied that the presence of other accused cannot
be secured within a reasonable time, having due regard to the right of
such of the accused in attendance to have the case against them
enquired into or tried without delay, the Court may split up the case if
it is satisfied that such splitting up will cause no prejudice either to
the prosecution or to the accused in attendance and proceed with the
enquiry or trial as regards the accused who are in attendance.
 47
46

(4) While splitting up the case as referred to in sub-rule (3), the

Court shall assign a fresh number to the split up case relating to the
absconding accused and enter the same in the relevant register of
the current year. The Court shall also indicate the number of the
parent case in brackets wherever the fresh case number is
mentioned.

(5) The Court shall record the evidence of the witnesses in

the split up case under section 299 of the Code simultaneously while
recording the evidence in the parent case. It is not necessary for the
Court to complete the proclamation proceedings under section 82 of
the Code for recording evidence under section 299 of the Code
against the absconding accused.

(6) While recording the evidence of witnesses under section 299

of the Code, the Court may take as many copies as it deems
necessary for the purpose of furnishing to the absconding accused as
and when they appear or are produced before the Court.

(7) The copies of the records of the original case including

depositions of the witnesses and exhibits duly attested by the
presiding officer of the Court shall be filed in the split up case.

(8) When a Sessions Case is split up by the trial Court, the

same shall be immediately reported to the Court of Session and the
Court of Session shall assign a number to the split up case, enter the
same in the Sessions Register and communicate the number to the
trial Court forthwith.
 48
47

(9) Sub-rules (1) to (8) shall apply, as far as may be, to cases
where an accused person has appeared, but, has subsequently
absconded.
 49
48

CHAPTER - VII

PRELIMINARY ENQUIRIES (COMMITTAL PROCEEDINGS)

33. Committal proceedings.− (1) When it appears to the

Magistrate that the offence is exclusively triable by the Court of
Session, he shall cause the copies of the statements and other
documents be furnished to the accused as provided in section 207 or
section 208 of the Code. After the Magistrate is personally satisfied
that all the copies of statements and other documents as specified in
the said sections are supplied, the Magistrate shall commit the case to
the Court of Session under section 209 of the Code. While committing
the case for trial before a Court of Session, the Magistrate shall place
with the record, a statement of the case in Administrative Form No.33
(Criminal Register No.33).

(2) No preliminary inquiry is required to be held and no

charge is to be framed by the Magistrate while committing the
accused to the Court of Session under section 209 of the Code.

(3) It is not necessary to give reasons for committing the

case to the Court of Session, however, the formal order should be
passed by the Magistrate committing the case to the Court of Session
under section 209 of the Code.
 49

50

(4) Where it appears to the Magistrate that there is a case

and counter case, of which, one is triable by the Court of Session and
the other is triable by the Magistrate, he shall commit the latter case
also to the Court of Session under section 323 of the Code and shall
record reasons for such commitment.

(5) The record of the case and documents should be properly

arranged and submitted to the Court of Session.

(6) When any case is committed for trial before the Court of
Session, a descriptive list of any weapons, or other articles or
property connected with the case, shall form part of the record. If a
property has been entrusted to the custody of any person under
section 451 of the Code for safe custody, the same shall also be
mentioned in the list.

(7) (a) Where it is not practicable to send the properties with

the records as laid down under clause (c) of section 209 of the Code,
the committal Magistrate may retain the properties. The Court of
Session to which the case has been committed, shall call for the
properties as soon as taking cognizance under section 193 of the
Code and receive the same, if he decides to try the case. Where the
case is made over by the Principal Sessions Judge, the trial Court
shall call for the properties from the committal Court and receive the
same immediately.

(b) The valuable properties received by any Court at the first

instance, shall be photographed, verified with the assistance of an
independent appraiser, certified by the presiding officer and shall form
 51
50

part of the records. Necessary entries shall be made in the Registers

mentioned in rule 58. The expenses for the same may be borne from
the contingent fund of the Court.

(c) The valuable properties received by any Court from another

Court may also be verified with the aid of an independent appraiser at
the discretion of the receiving officer.

(d) The weight of the valuables should be noted against each of

the items in the property register in red ink and the valuables should
be sent to the nearest treasury for safe custody:

Provided that where in the opinion of the presiding officer, in any

particular case, it would be more convenient to have the valuables in
the iron safe of the Sessions Court, the Presiding Officer may keep
them in his custody in the Court.

(8) In order to avoid harassment to the accused, it should be

the endeavour of every Magistrate to dispose of committal
proceedings as expeditiously as possible and in any event, within a
period not exceeding two months from the date of submission of the
charge sheet. Magistrates should report to the Chief Metropolitan
Magistrate or Chief Judicial Magistrate, as the case may be, the
reasons for not disposing of the committal proceedings within the
period of two months. The Chief Metropolitan Magistrate or the Chief
Judicial Magistrate, as the case may be, should then satisfy himself as
to whether the reasons stated are satisfactory and whether the
Magistrate should be allowed extension of time. He should then issue
such instructions to the Magistrate as he deems proper.
 52
51

(9) (a) When a Magistrate commits the accused to the

Court of Session, he should question the accused as to whether he
desires to make his own arrangement for his defence in the Sessions
Court or whether arrangement should be made by the Sessions Court
to engage an advocate on his behalf. In the latter case, the
Magistrate should, while committing the case for trial, intimate the
Sessions Court accordingly.

(b) If the accused is not to be represented by an advocate,

the Magistrate should inquire from the authorities or from other
source as to whether the accused has sufficient means to engage an
advocate. The Magistrate should report the result of his inquiry to the
Court of Session, as early as possible after the commitment to enable
the Court of Session to assign a defence advocate at the expense of
State under section 304 of the Code.

(10) When two or more persons are accused of the same

offence or of the offences arising out of the same transaction, the
Magistrate should not convict some and commit others to the Court of
Session. If any one of the accused is charged with an offence beyond
the jurisdiction of the Magistrate or with one which, in the opinion of
the Magistrate, ought to be tried by the Court of Session, all the
accused persons implicated, against whom there is prima facie
evidence, should be committed for trial.

(11) In sending up the list of witnesses in cases committed to

Courts of Session, the Magistrate shall note how each witness has
been classified by him under the rules for the payment of the
expenses of witnesses.
 53
52

CHAPTER - VIII

AFFIDAVITS

34. Affidavits.− (1) Every affidavit shall be drawn up in the

first person and be divided into paragraphs and shall be numbered
consecutively; each paragraph, as nearly as may be, shall be confined
to a distinct portion of the subject matter.

(2) Every affidavit shall state the full name, age, description
and place of abode of the deponent and shall be signed or marked by
him. The description shall include the father's or husband's or
mother's names and such other particulars, as may be necessary, to
identify the person.

(3) When an affidavit covers more than one sheet of paper, the
writing shall be on both sides of the sheet and the deponent shall sign
his name or affix his mark at the foot of each page of the affidavit.

(4) Alterations, erasures and interlineation shall, before an

affidavit is sworn or affirmed, be authenticated by the person before
whom the affidavit is signed or marked. No affidavit having therein
any alteration, erasure or interlineation not so authenticated shall,
except with the leave of the Court, be filled or made use of in any
manner.

(5) The person before whom the affidavit is sworn or affirmed

shall state the date on which and the place where the same is made
and sign under his name and designation at the end; otherwise, the
same shall not be filed or read in any manner without the leave of the
Court.

(6) Where an affidavit is sworn or affirmed by any person who

appears to the person authenticating the affidavit to be illiterate,
visually impaired or unacquainted with the language in which the
affidavit is written, the person authenticating shall certify that the
 54
53

affidavit was read, explained and translated by him or in his presence

to the deponent, that the deponent seemed to understand it and
made his signature or mark in the presence of the person
authenticating it; otherwise the affidavit shall not be valid.

(7) Identification of deponent.− (i) If the deponent of an

affidavit is not known to the person authenticating the same, the
identity of the deponent shall be caused to be testified by any person
known to him who shall attest the signature or mark of the deponent
in token thereof.

(ii) Where the deponent is a pardanashin lady, she shall be

identified by a person who knows her and that person shall verify the
identification by a separate affidavit.

(8) Documents mentioned in and accompanying an affidavit

shall be marked in the same manner as exhibits admitted by the
Court.

(9) Every affidavit stating any matter of opinion shall show

the qualification of the deponent to express such opinion, by
reference to the length of experience, acquaintance with the person
or matter as to which the opinion is expressed or other means of
knowledge of the deponent.

(10) Every affidavit shall clearly express how much is a

statement of the deponent's knowledge and how much is a statement
of his belief. The grounds of belief must be stated with sufficient
particularity to enable the Court to judge whether it would be safe to
act upon the deponent's belief.

(11) The Court may, at any time, direct the deponent to attend
to be cross-examined on his affidavit if required so by the adverse
party.
 54
55

CHAPTER - IX

EXAMINATION OF WITNESS ON OATH AND AFFIRMATIONS

35. Swearing in of witnesses.− Subject to the provisions of

the Oaths Act, 1969 (Central Act 44 of 1969), every witness and
every interpreter shall take an oath or make an affirmation before he
is examined or called upon to interpret.

36. Officer administering oath.− The oath to witnesses and

interpreters shall be administered in open Court by the Presiding
Officer or by such other person empowered by him in this behalf or
where the witness is examined on commissions by the Commissioner.

37. Form of Oath.− (1) The following shall be the form of oath
to be taken by the witness:

"I do swear in the name of God that what I

shall state shall be the truth, the whole truth
and nothing but truth".

(2) Witness who objects to make an oath may solemnly affirm

in the following form:

"I do solemnly affirm to my conscience that

what I shall state shall be the truth, the whole
truth and nothing but truth".
 56
55

38. Form of oath by interpreter.− When a witness is

examined with the aid of an interpreter, the interpreter shall also be
administered an oath or affirmation in the following form:−

“I do swear in the name of God / I

solemnly affirm to my conscience that I will well
and truly interpret and explain all questions put to
and evidence given by witnesses".

39. Translation of oath by interpreter.−When the witness is

unable to understand the language in which the oath or affirmation is
administered, the oath or affirmation shall be translated by the
interpreter and put to the witness and the witness allowed to take the
oath or affirmation in the language known to him.

40. Police officers not to be employed as interpreters.−

Police Officers shall not be employed to interpret the evidence of
witnesses in cases prosecuted by the police.

41. Competence of a witness.− The Court may test the

competence of a witness under section 118 of the Evidence Act
(Central Act 1 of 1872) by holding a summary inquiry.

42. Deposition of a witness.− (1) In the heading of the

deposition of witnesses, the full name, including the family name of
the deponent, if any, and his or her father's or mother's or husband's
name shall be recorded. The heading shall also state the age,
profession and residence of the witnesses. The name of the
interpreter, if any, shall be written below the particulars stated above.
[vide Judicial Form No.53].
 57
56

(2) While recording the evidence of witnesses,−

(a) Usage of abbreviations should be avoided,
e.g., A.N. for afternoon and instead, the full form should
be used;

(b) The name of the particular accused should

be specifically mentioned adding within brackets, the
rank of the accused, eg., name (A1), name (A2), etc.;

(c) In Sessions Cases, the medical evidence

shall contain with precision the nature and effect of the
injuries, the time of death, etc.

43. Certificate.− (1) After a deposition has been read over to

the witness, the deponent shall either sign in full or affix his thumb
impression on every page. The Presiding Officer shall initial every
page of the deposition. A certificate in the following form shall be
appended at the foot of the deposition and the Presiding Officer shall
affix his signature.

"Taken down by me/before me in open Court,

interpreted/read over to the witness and admitted
by the deponent to be correct".
(2) When a witness is recalled, the Court shall furnish him,
his deposition recorded earlier for him to refresh his memory, before
his examination-in-chief/cross.

44. Examination of witness.− The Court may, having regard

to the circumstances of any particular case, order the examination of
any witness in camera.

45. Evidence as to the age of the accused.− In every case

in which the precise age of an accused person is relevant, evidence
shall be taken on the question and whenever necessary, the opinion
of an expert shall be obtained.
 57

58

46. Allowing witness to sit or stand.− (1) The presiding

officer may require a witness to sit or stand while recording his
testimony.

(2) The presiding officer may, as far as practicable, provide a

seat for the accused in the Court during the inquiry or trial, as the
case may be.

47. Certain departmental officers to be allowed to sit in

Court.− A police officer of, and above the rank of, Deputy
Superintendent of Police/Assistant Commissioner of Police, an officer
of the gazetted rank of other departments and an expert may sit
beside the prosecuting officer in the Court hall. Others may sit in the
place earmarked for visitors.

48. Remuneration to the Interpreter.− The presiding officer

of the Court may sanction reasonable remuneration and expenditure
to the interpreter to be paid by way of cash as prescribed by the High
Court, from time to time.

49. Marking of exhibits.− (1) Exhibits admitted in evidence

shall be marked as follows in Judicial Form No.68.−

(i) If filed by the prosecution, the marking shall be

as Ex-P followed by numerical. Illustration, Ex-P.1, Ex-
P.2, Ex-P.3, etc.
(ii) If filed by the defence, the marking shall be as
Ex-D followed by numerical. Illustration, Ex-D.1, Ex-D.2,
Ex-D.3, etc.
 59
58

(iii) If Court exhibits, the marking shall be as Ex-C

followed by numerical. Illustration, Ex-C.1, Ex-C.2, Ex-
C.3, etc.
(iv) If filed by any other person, the marking shall
be as Ex-X followed by numerical. Illustration, Ex-X.1,
Ex-X.2, Ex-X.3, etc.
(v) When documents are marked as exhibits,
utmost care should be taken to see that while making any
endorsement or exhibit marks or affixing the Court seal
on documents, material portions of such documents are
not defaced or obliterated or smudged.

(2) All exhibits marked by several accused shall be marked

consecutively.

(3) All material objects admitted in evidence shall be marked as

follows:−

(i) If submitted by the prosecution, the marking shall be as

PMO followed by numerical. Illustration PMO-1, PMO-2, etc.
(ii) If submitted by the defence, the marking shall be as
DMO followed by numerical. Illustration DMO-1, DMO-2, etc.
(iii) If Court material objects, the marking shall be as CMO
followed by numerical. Illustration CMO-1, CMO-2, etc.
(iv) If submitted by any other person, the marking shall be
as XMO followed by numerical. Illustration XMO-1, XMO-2,
etc.

50. Procedure for examination of child victim.− (1) A

screen or some such arrangements may be made where the victim or
witnesses (who may be equally vulnerable like the victim) do not
directly see the accused.

(2) The questions put in examination on behalf of the accused

insofar as they relate directly to the incident, should be given in
 60
59

writing to the Presiding Officer of the Court, who may put them to the
victim or witnesses in a language which is clear and is not
embarrassing.

(3) The victim of child abuse or rape, while giving testimony

in Court, should be allowed sufficient breaks as and when required.

51. Recording of evidence through video conferencing.−

The Court may record the evidence of a witness through video
conferencing after recording the reasons. The Court may, in its
judicial discretion, adopt a fair and just procedure so as to ensure
that the witness whose evidence is recorded through video
conferencing is not tutored to give answers after ensuring that the
witness is not in the company of anybody at that time. Such evidence
shall be recorded in the presence of the accused or his advocate. The
evidence of witness shall be typed contemporaneously and shall be
read over to the witness at the end of deposition. Thereafter, the
Judge shall certify as follows:−

"Taken down by me / before me, interpreted/read

over to the witness and admitted by him to be
correct."
It is also permissible for the Court to adopt the above procedure
where a witness in a case is a prisoner in another case.
 60

61

CHAPTER - X

GENERAL INSTRUCTIONS TO ALL CRIMINAL COURTS

52. Submission of reports, records, etc., to Chief

Metropolitan Magistrate/Chief Judicial Magistrate by
Magistrates.− Every Magistrate shall submit such forms, records,
reports and returns as may be called for by the Chief Metropolitan
Magistrate/Chief Judicial Magistrate.

53. Copying fees.− (1) (i) Copies of records will be granted to

persons authorized to receive them upon payment of copying and
examining charges, which will be levied at the rate fixed by the Tamil
Nadu Court Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of
1955) or the Puducherry Court Fees and Suits Valuation Act, 1972
(Puducherry Act 6 of 1973) or any other law, as the case may be, in
the form of stamp papers, except in cases where under law, such
copies should be furnished free of cost. The payment of copying
charges shall not affect the payment of fees under the said Tamil
Nadu Act XIV of 1955 or the said Puducherry Act 6 of 1973 or the
exemptions from such payments, when the copies are exhibited in
Courts. No party or advocate will be allowed to make copies of
record either personally or by agent, by any means.

(ii) Applications for copies of records must bear a Court fee

stamp, as prescribed by the said Tamil Nadu Act XIV of 1955 or the
said Puducherry Act 6 of 1973 or any other law for the time being in
force, as the case may be.
 61
62

(2) Everyday a list showing (i) the number of additional stamp

papers required in each application in which records have been
received and (ii) the applications found to be defective in any respect,
shall be prepared and affixed on the notice board of the Court. Such
list shall remain on the notice board for seven days. If on or before
the working day next after the expiry of seven days, the additional
stamp papers required are not furnished or the defects in the
application are not remedied, the application shall be struck off.

54. Rules relating to fines apply to other sums like fees,

taxes, etc..− The rules relating to fines shall also apply to all other
money such as fees, taxes, etc., that are imposed or assessed by a
Magistrate and are recoverable as fines.

55. Imposition of fine to be entered forthwith in the

register of fines.− The imposition of a fine shall, irrespective of its
collection on the same day, be brought into account and entered in
the Register of fines in Administrative Form No.25 immediately. In
the case of fines imposed by the evening Courts, all fines collected in
the evening shall be entered in a separate fine register. Administrative
Form No.25 (Criminal Register No.25) shall be used by all the Courts,
including Metropolitan Magistrate Courts.

56. Licence fee and tax recovered under the Local Bodies
Act – Mode of accounting.− Licence fee and tax received under the
Local Bodies enactments may be deposited either into the “Criminal
Court Deposits” or into the Head of Account—“Local Bodies”. Where
the said amount is deposited into the “Criminal Court Deposits”, the
 63
62

same shall be credited into the account of the Local Body concerned
by the 5th day of the succeeding month.

57. Material objects to be labelled.− Each material object

should have, attached or affixed to it, a label to show the number of
the case to which it relates and the party from whom it has been
received. The label should also bear the number of the item in the
property register. The label should be printed in the following form:-

Property Register No. :

Case No. :
Name of the person :
From whom received with address :
The property so labelled shall be kept in the property room of the
Court. The Presiding Officer of the Court shall have custody of the
keys of the property room.

58. Register of material objects.− (1) A register of

properties deposited in Court shall be maintained by the Head
Ministerial Officer in all Courts in Administrative Form No.19 (Criminal
Register No.19). In addition to this, the Metropolitan Magistrate
Courts shall maintain such register in Judicial Form No.70. Each
material object should be fully described in these registers.

(2) A fresh Register of Properties in Administrative Form

No.19 (Criminal Register No.19) shall be opened every year and the
pending item numbers of the outstanding case properties shall be
noted in red ink in the first page of the new Property Register and
their disposal to be watched. Valuable items including properties such
as vessels, etc., shall be brought forward every year in the new
 64
63

Property Register. The Presiding Officer concerned shall furnish a

certificate in the first page of the Property Register of the new year to
the above effect.

(3) The currency notes and coins, if any, seized during the
course of investigation by the police/investigating agencies, in
prohibition cases, etc., have to be produced before the Court under
Police Form as case properties.

(4) Such properties shall be checked and received by the

Court and entered in the Register of Material Objects in
Administrative Form No.19 (C.R. No.19).

(5) Such properties shall not be remitted into Treasury under

the head "Criminal Court Deposit" or returned to the
police/investigating agency concerned for safe custody and directing
them to produce the same to the Court at the time of trial.

(6) Such properties shall be kept in a sealed box in the

Treasury and during the trial be brought to the Court for marking
them as material objects on proper identification.

(7) After termination of the trial and orders passed, such

properties shall be returned to the person entitled to receive the
same or be remitted into the Treasury.

(8) All the Judicial Officers shall ensure that the details of case
properties are duly entered in the Property Register then and there
and the Property Register is maintained properly.
 65
64

59. Checking of valuable properties.− The Chief

Metropolitan Magistrate or Chief Judicial Magistrate, as the case may
be, shall nominate a Magistrate, once in six months, to inspect the
valuable properties in different Magistrate Courts, within his
jurisdiction in the presence of the Magistrate concerned and the
Magistrate so nominated shall inspect the valuable properties of that
Court with reference to the property register and submit a verification
report to the Chief Metropolitan Magistrate or Chief Judicial
Magistrate, as the case may be.

60. Material Objects to be retained until appeal time is

over.− Material objects should not, in the absence of special urgency
and without the orders of a Magistrate, be returned to the parties,
destroyed or otherwise disposed of until the time for appeal or
revision has expired or where an appeal or revision is pending, until it
is disposed of.

61. Production of case properties and payment of

transport charges in certain cases.− Where any property
including livestock is entrusted to a party for being produced before
the Court at the time of the hearing and is accordingly produced, the
Court may order the payment of reasonable charges incurred for their
production.

62. Register of Calendar and Preliminary Register

cases.− Register in Administrative Form No.4 (Criminal Register
No.4) shall be maintained in each of the Courts at George Town,
Saidapet and Egmore and separate numbering shall be assigned to
each class of cases e.g., municipal cases, cases relating to Motor
 66
65

Vehicles, Society for Prevention of Cruelty to Animals cases, etc., and

in mofussil, separate register in Administrative Form No.4 (Criminal
Register No.4) shall be maintained in each Magistrate Court. Special
Courts which have jurisdiction to take cognizance of an offence
without committal proceedings shall also maintain a register in
Administrative Form No.4 (Criminal Register No.4). After taking
cognizance of the offence, the Court shall make necessary entry in
the said register. In respect of maintenance petitions, the Family
Courts and Magistrates shall maintain a register in Administrative
Form No.5 (Criminal Register No.5) and the case shall be numbered
as “Maintenance Case”. In respect of inquiry under section 340 of the
Code, the same shall be entered in Administrative Form No.5
(Criminal Register No.5) and the case shall be numbered as
“Miscellaneous Judicial Case”. Complaints filed after the enquiry
under section 340 of the Code shall be numbered as Calendar Case in
Administrative Form No.4 (Criminal Register No.4).

63. Register of Court fees, process fees, memorandums

and petitions.− A register of Court fees, process fees,
memorandums and petitions received shall be maintained in
Administrative Form No.12 (Criminal Register No.12). Memorandum
and petitions maintainable in law and presented in the open Court
shall be received by the Court and after affixing the Court seal, be
entered in the said register.

64. Register of payment of batta to witnesses in State

cases.− A register of payment of batta to witnesses in cases to which
the State is a party shall be maintained in Administrative Form No.28
(Criminal Register No.28) by the Metropolitan Magistrates also and
 67
66

the daily payment carried over to the "Daily Cash Balance Register"
by the Metropolitan Magistrates shall be entered in Administrative
Form No.56.

65. Diary Register.− All Courts shall maintain a daily diary

register in the form prescribed by the e-Committee of the Supreme
Court of India, pursuant to the e-Court's Case Information System.

66. Hearing Book.− All Courts including the Courts of

Metropolitan Magistrates, shall maintain Hearing Book in
Administrative Form No.15 (Criminal Register No.15).

67. Register of Inquiries and Trials and Register of

Punishments.− All Courts including the Courts of Metropolitan
Magistrates, shall maintain a Register of Inquiries and Trials and
Register of Punishments in Administrative Form Nos. 7 and 8
respectively. (Criminal Register Nos.7 and 8, respectively).

68. Register of long pending cases.− All Courts including

Courts of Metropolitan Magistrates, shall maintain a Register of long
pending cases (adjourned sine die in e-Court's Case Information
System parlance) in Administrative Form No.30 (Criminal Register
No.30).

69. Prisoners not to be released immediately on

acquittal.− A prisoner shall not be discharged from custody
immediately on judgment of acquittal being pronounced upon him by
the Court and he shall be taken back to the prison and released by
 68
67

the Superintendent of Prison after being satisfied that he is not

required in any other case. The Court shall retain the remand warrant
and make necessary endorsement in the nominal roll book about the
acquittal of the prisoner and the Superintendent of Prison shall hand
over the cash and other properties of the prisoner at the time of his
release so as to avoid their accumulation.

70. Levy of fine to be notified to prison authorities by

Court in cases of sentence of imprisonment and fine.− When a
Court imposes a fine in addition to imprisonment and the whole or
part of the fine is paid or recovered, the Court shall endorse the fact
of such payment or recovery on the warrant of commitment in Judicial
Form No.45, or, if that has already been issued, shall notify the fact of
the payment or recovery to the prison authorities concerned in
Judicial Form No.56.
 68

69

CHAPTER - XI

EXECUTION OF SENTENCES & DISPOSAL OF PROPERTIES

WARRANT OF COMMITMENT

71. Separate warrant for each prisoner.− When two or

more persons are convicted and sentenced to imprisonment at the
same time, a separate warrant of commitment in Judicial Form No.21
shall be issued for each one of them with the seal of the Court.

72. Convicts to be classified as “Habitual” or “Casual”

and their diet specified.− (1) Whenever possible a Court which
convicts an accused person should decide whether he is to be
classified as an “habitual” or “casual” convict and make a note of the
decision on the warrant of commitment for the information of the
prison authorities. The presiding officer shall also recommend in his
own handwriting in the committal warrant, the diet, viz., rice or
wheat, as the case may be. The following persons are liable to be
classified as “habitual offfenders”, viz.,-

(i) any person convicted of an offence punishable under

Chapters XII, XVII and XVIII of the Indian Penal Code, 1860 (Central
Act XLV of 1860) whose previous conviction or convictions, taken in
conjunction with the facts of the present case, show that he is by
habit a robber, house-breaker, dacoit, thief, or receiver of stolen
property, or that he habitually commits extortion, cheating,
counterfeiting coin, currency notes or stamps, or forgery;
 70
69

(ii) any person convicted of an offence punishable under

Chapter XVI of the Indian Penal Code, 1860 (Central Act XLV of 1860)
whose previous conviction or convictions, taken in conjunction with
the facts of the present case, show that he habitually commits
offences against the person;

(iii) any person committed to, or detained in, prison under

section 122 (read with section 109 or section 110) of the Code;

(iv) any person convicted of any of the offences specified in

sub- rule (1), when it appears from the facts of the case, even though
no previous conviction has been proved, that he is, by habit, a
member of a gang of dacoits, or of thieves, or a dealer in slaves or in
stolen property; and

(v) any person convicted by a Court or Tribunal acting outside

India under the general or special authority of the Central
Government of an offence which would have rendered him liable to be
classified as a habitual offender if he had been convicted in a Court
established in India.

(2) The classification of a convicted person as a habitual

offender should ordinarily be made by the convicting Court, but if the
convicting Court omits to do so, such classification may be made by
the Chief Metropolitan Magistrate / Chief Judicial Magistrate, or in the
absence of an order by the convicting Court or Chief Metropolitan
Magistrate / Chief Judicial Magistrate, and pending the result of a
reference to the Chief Metropolitan Magistrate / Chief Judicial
Magistrate, by the officer in-charge of the prison, where such
convicted person is confined:

Provided that any person classified as a habitual offender may

apply for the revision of the order.
 71
70

(3) The convicting Court or the Chief Metropolitan

Magistrate / Chief Judicial Magistrate may, for reasons to be
recorded in writing, direct that any convicted person or any
person committed to, or detained in, prison under section 122
read with section 109 or section 110 of the Code, shall not be
classified as a habitual offender and may revise such direction.

(4) Convicting Courts or Chief Metropolitan Magistrate or

Chief Judicial Magistrate, as the case may be, may revise their
own classifications and the Chief Metropolitan Magistrate / Chief
Judicial Magistrate may alter any classification of a prisoner made
by a convicting Court or any other authority, provided that the
alteration is made on the basis of facts which were not before
such Court or authority.

(5) Every habitual offender shall, as far as possible, be

confined in a special prison in which no prisoner other than
habitual offfenders shall be kept:

Provided that the Inspector General of Prisons may transfer

to this special prison, any prisoner, not being a habitual offender,
whom, for reasons to be recorded in writing he believes to be of
so vicious or depraved a character and to exercise or to be likely
to exercise so evil an influence on his fellow prisoners that he
ought not to be confined with other non-habitual prisoners, but a
prisoner so transferred shall not otherwise be subject to the
special rules affecting habitual offenders.

Explanation:- For the purpose of this rule, the word “conviction”

shall include an order made under section 117 read with section 110
of the Code.
73. Levy of fine to be endorsed on the warrant or notified
to the prison authorities.− When an accused person is sentenced
to imprisonment as well as, or in default of payment of a fine, the
 72
71

warrant in Judicial Form No.21 issued to the prison authorities shall

contain definite information as to whether the fine has been paid, or
not, in whole or in part. If the warrant does not furnish this
information, a reference shall forthwith be made by the prison
authorities to the convicting Court to ascertain whether the fine has
been paid and the purport of the reply shall be noted on the warrant.

74. Subsequent levy of fine to be notified to the prison

authorities.− When the fine is paid or recovered in whole or in part
after the admission of the prisoner into prison, the responsibility for
intimating to the prison authorities the fact of the payment rests
entirely with the Court. Such intimation shall be made in Judicial Form
No.56 and the same shall invariably be acknowledged by the prison
authorities and the acknowledgment shall be filed by the Court for
future reference. On receipt of the intimation from the Court, the
prison authorities shall endorse the information on the warrant.
Intimation sent by post by the Court under this rule shall be
registered with Acknowledgment Due.

75. Intimation from Court to bear its seal.− Intimations

sent by a Court to the Superintendent of a Prison that a fine which
the prisoner has been ordered to pay has been paid or recovered in
whole or in part shall bear the seal of the Court.

76. Sentences of imprisonment how calculated.− (1) In

calculating sentences of imprisonment, the day on which the sentence
is passed and the day of release ought to be included and considered

as days of imprisonment; for example, a man sentenced on the 1 st

January to one month’s imprisonment should be released on the 31st

January and not on the 1st February.

 73
72

(2) The Court shall also give the details of the remand period
and the period of set off under section 428 of the Code in the
judgment and in the committal warrant.

(3) When two or more sentences are passed in a case, the

Court shall, in the committal warrant, specify whether the sentences
are to run concurrently or consecutively.

77. Warrants of commitment returned after execution to

form part of the records of the case.− Warrants of commitment
which are returned to Courts after the execution of sentences should
be filed with the records of the respective cases and dealt with under
the rules for destruction of records.
 74
73

CHAPTER - XII

JUDGMENT OF CONVICTION FOR TWO OR MORE

OFFENCES

78. Judgment to specify offence in respect to which

sentence is passed.− (1) When an offender is convicted of two or
more offences and it is competent to the Court to award more than
one sentence, the Court shall, in its judgment, declare in respect of
which offence or offences, sentence awarded is imposed.

(2) When a Court convicts and sentences an accused on a day

in more than one case, the Court shall specifically state whether the
sentences in the cases should be undergone concurrently or
consecutively. If the Court orders the sentences to run consecutively,
it should also specify the order, case-wise, in which the sentences
should be served consecutively by the accused.

79. Sub-section under which convicted to be stated.−

When an accused person is convicted under a section of the Indian
Penal Code, 1860 (Central Act XLV of 1860) or other law, which
contains several sub-sections with different punishments prescribed
for the various offences dealt with, the judgment shall state under
which sub-section, the accused was charged and convicted.
 74
75

80. Judgment to state whether previous conviction was

proved or confessed.− When enhanced punishment is awarded on
account of previous conviction, it should appear in the judgment that
the previous conviction was charged and proved or confessed.

81. Particulars of previous convictions when to be

stated.− Particulars of previous convictions and sentences shall be
stated at the end of the judgment (whether original or appellate) in
all cases where the rules require a judgment to be submitted. Where
no judgment is required to be submitted, but only a tabular
statement (whether month or otherwise), particulars of previous
convictions and sentences shall be invariably entered in the column of
remarks in Judicial Form No.60. This rule does not apply to cases of
acquittal.

82. Sentences of fine and what the calendars in such

cases are to contain.− Any Magistrate sentencing an accused
person to the payment of a fine with imprisonment in default of such
payment should allow him reasonable facilities for payment of fine.
The calendars in such cases shall contain information in the column
for remarks in Judicial Form No.60 as to the payment of fine and the
orders passed to facilitate such payment.

83. Designation of the Presiding Officer to be noted and

signature in fair copy.− The Presiding Officer shall indicate in the
calendar, below his signature, his designation. Where the Presiding
Officer who has pronounced the judgment and has signed or initialled
the same is not available for any reason, his successor can sign the
fair copy of the judgment. Such fair copy of the judgment must show
on its face itself, the name of the officer who pronounced the
 76
75

judgment, in addition to the name of the officer who signed the fair
copy as a true copy of the original judgment.

84. Copy of judgment when to be sent to the Head of

Department.− Where, in a judgment or order, a Court impugns the
character or conduct of a public servant, the Court shall forward a
copy of the judgment or order to the Head of the Department or the
immediate superior of the public servant concerned.

85. Government officials - judgment to be furnished to

the Heads of Departments.− In a case where a public servant is
charged with a criminal offence, a copy of the judgment or order shall
be furnished by the Court to the Head of the Department concerned,
free of charge.

86. Copy of judgment when to be sent to Chemical

Examiner.− The Court shall forward a copy of its judgment or final
order to the Forensic Sciences Laboratory in all cases in which
reference was made to the said laboratory for expert opinion.

87. Copy of judgments to be furnished to the

prosecution.− In a case of acquittal or discharge, where, the State,
for the purpose of filing an appeal or revision against the order,
applies for a copy of the judgment or order, the Court shall supply
copies of the same free of cost.

88. Copy of judgment when to be sent to the hospital.−

In cases where the accused who has been a mental patient is referred
to the Court for trial after treatment, the Court shall supply a copy of
the final order or judgment free of cost to the hospital concerned.
 77
76

89. Supply of copies of orders under section 298 of the

Code.− Certified copies of calendar extracts/judgments on plain
paper relating to previous convictions in any case, shall, on an
application, be supplied, free of cost to the prosecuting agency for the
purpose of section 298 of the Code.

90. Service of notices issued by the High Court.− (1) All

notices issued by the High Court under section 392 and sub-section
(2) of section 395 of the Code shall be issued in duplicate and shall be
served as expeditiously as possible and the duplicate copy with the
endorsement of service if effected should be submitted to the High
Court without delay.
(2) When notices are received by the Subordinate Courts
from High Court in Writ of Habeas Corpus Petitions, they shall be
served or caused to be served forthwith giving them top priority and
return the notices with the endorsements before the hearing date to
the High Court.

91. Production of prisoners not permitted in some

cases.− No State prisoner or prisoner under sentence of death shall
be removed under the Prisoners (Attendance in Courts) Act, 1955
(Central Act 32 of 1955) from the prison in which he may be confined
without the special sanction of Government, except in the case of a
prisoner under sentence of death whose presence is required by a
Sessions Judge or High Court for the purpose of taking additional
evidence in the case under section 391 of the Code. In all other cases
in which the evidence of such a prisoner is required, the Court shall
proceed to prison and record the evidence of the prisoner there,
unless the Government have sanctioned his removal from the prison
to the Court-house for the purpose.
 77
78

92. Production of prisoners in other cases.− (1) Any Court

may, if it thinks fit that the evidence of any prisoner, other than that
mentioned in rule 91, is material in any matter pending before it,
make an order in Form No.37 of the Code directing the officer-in-
charge of the prison wherein such prisoner is confined to produce
before the Court.

(2) Any Court may, if a charge of an offence against a person

confined in any prison is made or pending before it, make an order in
Form No.36 of the Code directing the officer-in-charge of the prison
wherein such prisoner is confined to produce before the Court.

93. Magistrate taking action under section 144 of the

Code to communicate the order to the Civil Court.− Whenever a
Magistrate takes action under section 144 of the Code or any
analogous provisions of law, he should immediately communicate a
copy of his order to the Civil Court having original jurisdiction over
the locality to which his proceedings refer. Similarly, the Civil Court
will communicate to the Magistrate having local jurisdiction, any
injunction issued by it with reference to matters which would fall
within the scope of section 144 of the Code.
 78
79

CHAPTER – XIII

INQUIRY INTO CUSTODIAL DEATH/DISAPPEARANCE/RAPE

94. Death or disappearance or rape while in custody.−

(1) Any information relating to the death or disappearance of any
person or rape of a woman while in custody of the police or in any
other custody authorised by a Magistrate or Court, shall be registered
as a case under section 154 of the Code.
(2) On receipt of information of an occurrence referred to in
sub-section (1-A) of section 176 of the Code, the Judicial
Magistrate/Metropolitan Magistrate, in whose jurisdiction the
occurrence has taken place, shall hold an enquiry.

(3) During such inquiry under sub-section (1-A) of section

176 of the Code, the Judicial Magistrate / Metropolitan Magistrate
shall have the power to record evidence on oath.

(4) On completing the inquiry, the Judicial Magistrate /

Metropolitan Magistrate shall draw a report and keep the statements
of the witnesses, documents collected and the report drawn by him as
part of case records.

(5) The Judicial Magistrate / Metropolitan Magistrate shall

furnish copies of the statements of the witnesses recorded during
inquiry under sub-section (1-A) of section 176 of the Code, the
documents collected and the report drawn by him to the investigating
police officer without delay.

(6) The investigating police officer shall, without being

hindered by the inquiry by the Judicial Magistrate / Metropolitan
 79
80

Magistrate, conduct investigation under Chapter XII of the Code

thoroughly and submit a final report to the jurisdictional Magistrate /
Court under section 173 of the Code.

(7) The Judicial Magistrate / Metropolitan Magistrate shall not

forward the original records of the inquiry under sub-section (1-A) of
section 176 of the Code either to the District Collector or to the
Government.
 80
81

CHAPTER - XIV

LEGAL AID AND AMICUS CURIAE

95. Legal Aid.− Wherever necessary, the Court, including the

High Court, shall extend legal aid to a person in accordance with the
rules made under sub-section (2) of section 304 of the Code or under
the provisions of the Legal Services Authorities Act, 1987 (Central Act
39 of 1987) and the rules/regulations made thereunder.

96. Appointment of an advocate as Amicus Curiae.− The

Court may, on its own motion or on application by the prosecuting
officer or by the defence counsel, appoint an Advocate as amicus
curiae in a case of importance or difficulty.
 81
82

COURT OF SESSION

CHAPTER – XV

COURT SEAL AND NUMBERING OF CASES

97. Description of the seal of a Court of Session,

Additional Session and Assistant Session.− (1) The seal of every
Court of Session, Additional Session and Assistant Session shall be a
circular seal, two inches in diameter, bearing the Tamil Nadu State

Emblem, with the motto “tha;ikna bty;Y«;” in Tamil script

inscribed in an arc following the border of the Emblem (but without

any border lines) and with the designation of the Court in Tamil, “the
Court of Sessions to the Division” inscribed on the seal within two
concentric circles around the Emblem but without the words
“Government of Tamil Nadu”.

(2) In respect of the Union Territory of Puducherry, such seal

shall be circular with two concentric circles around the national
emblem with the words “Sathyameva Jayathe” in Devanagari script at
the bottom of the symbol with the name of the Court inscribed
between the circles.

(3) When new seals are required, Courts of Session shall

indent for them on the Public Works Workshop, sending their indents
through the Registrar General of the High Court.
 82

83

98. Numbering of cases committed to Court of Session.−

Cases committed to the Courts of Session shall be filed and numbered
on the receipt of the records from the Committal Court in
Administrative Form No.1 (Criminal Register No.1). The case shall
continue to bear the same number even when it is made over or
transferred for trial to the Additional or Assistant Sessions Judge
within the same Sessions Division.
 83

84

CHAPTER – XVI

ADJOURNMENT

99. Adjournment to be in writing.− When a case is

adjourned to another day, there shall be a written order of
adjournment and remand if the accused is in custody.

100. Order or remand to be endorsed on the warrant.−

While remanding a person to custody, the Court shall mention in the
remand warrant, the date up to which the person is remanded and
shall also give a further direction for the production of the person
before the Court on the date of the expiry of the remand period.
 85
84

CHAPTER - XVII
DEATH SENTENCE
101. Copy of letter of reference in referred trials.− Copy
of the Judge's letter of Reference shall be supplied immediately to a
prisoner sentenced to death.

102. Order of the High Court and the Supreme Court to

be communicated to the Superintendent of Prisons.− (1)
Sessions Judges shall make arrangements for communicating every
order of the High Court and of the Supreme Court imposing,
confirming, reversing or committing a sentence of death to the
Superintendent of the Prison where the prisoner is confined within
twenty four hours of the receipt of the order.

(2) In the case of an order of the High Court confirming or

imposing a sentence of death, the warrant for executing that
sentence shall not be issued by the Sessions Judge until after the
dismissal of the appeal to the Supreme Court or of the application for
special leave to appeal to the Supreme Court, or, in case no such
appeal has been preferred or no such application has been lodged,
until after the expiry of the period allowed for an appeal to the
Supreme Court or for lodging of an application for special leave to
appeal to the Supreme Court.

(3) If the sentence of death has been passed on more than

one person in the same case and if an appeal to the Supreme Court
or an application for special leave to appeal to the Supreme Court is
lodged by or on behalf of only one or more, but not all of them, the
warrant for execution of the sentence shall be postponed in the case
 86
85

of all such persons and not only in the case of the persons or person
by whom or on whose behalf the appeal or the application is lodged.

103. Issue of warrant of execution of death sentence.−

Subject to the provision of sub-rule (2) of rule 102, the Sessions
Judge shall, in the case of an order confirming or imposing a sentence
of death received under sub-rule (1) of rule 102, issue a warrant in
Form No.42 of the Code (suitably amended with regard to cases in
which a sentence of death is imposed in appeal) accompanied by a
copy of the judgment in the appeal, and shall appoint therein as the
date of execution a day not less than 21 days and not more than 28
days from the date of expiry of the period specified in sub-rule (2) of
rule 102.

104. No fresh warrant to be issued in cases under

sections 432, 433 or 434 of the Code.− In a case in which the
Central Government or the State Government suspends, remits or
commutes a sentence under section 432, 433 or 434 of the Code,
and, in a case in which the President or the Governor, under Article
72 or Article 161 of the Constitution of India, respectively, grants
pardon, reprieve or remission, no fresh or revised warrant need be
issued.
 86
87

CHAPTER - XVIII

JUDGMENT

105. Judgment to show if accused was defended.− In the

heading of the judgment, it should invariably be noted whether the
accused, or any of them, was defended by an Advocate. The name of
the police station concerned and the crime number of the offence
should also be noted at the heading of the judgment or charge.

106. Judgment to contain certain particulars.− (1) The

judgment in original decision shall, apart from the particulars
prescribed by section 354 of the Code, also contain a statement in
tabular form giving the following particulars, viz.,

Description of the Accused Date of

Name of the Police Station and the Crime Number of the offence

Service of copy of judgment or finding on accused

Explanation of delay
Serial Number

Commencement of trial

Sentence or order
Release on bail

Closure of trial
Father's name

Apprehension

Commitment
Occurrence
Occupation

Residence

Complaint
Name

Age

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
 87
88

Note.− (i) Date of complaint in column 9 shall be the date of

the filing of the charge sheet in respect of case instituted on police
report and the date of filing of the complaint in respect of other
cases;
(ii) Date of apprehension in column 10 shall be the date of
arrest;
(iii) Date of commencement of trial in column 13 shall be−
(a) in summons cases, the date on which the
particulars of the offence are stated to the accused under
section 251 of the Code;
(b) in warrant cases instituted on police report, the
date on which the documents under section 207 of the
Code are furnished to the accused and the Magistrate
satisfies himself of the same under section 238 of the
Code;
(c) in other warrant cases, when the recording of
evidence is commenced under section 244 of the Code;
(d) in Sessions trials, when the charge is read out
and explained to the accused under section 228 of the
Code.

(2) Only two copies of this statement are required, one copy
for record and one for transmission to the High Court. The one for
record may conveniently be written up in a list to be bound up by
way of index with clear copies of the judgments for each year.

(3) Judicial Form No.61 shall also be annexed to the

judgment.
89
 90
89

108. Distribution of copies of judgments.− (1) Every Court

shall host the judgment in the official website on the date of its
pronouncement.

(2) Every Court of Session shall, within fourteen days from

the date of pronouncing the judgment, distribute copies of the
judgment free of cost as follows:−

(i) One copy to the committal Court;

(ii) One copy to the District Collector;
(iii) One copy to the Commissioner of Police or
Superintendent of Police of the District, as the case may be;
(iv) One copy to the investigating agency through
the Prosecutor concerned;
(v) One copy to the High Court as provided for in
the rules relating to the submission of judgments and
calendars;
(vi) Three copies to the High Court as provided for
in the rules relating to the submission of records;
(vii) Two copies (in respect of each prisoner) to the
Superintendent of the Prison to which the prisoner is
committed when such prisoner is sentenced to
imprisonment (one copy for being filed with the warrant of
committal or used for the purpose of memorializing to the
Government if required, and the other copy for the use of
Probation Officer to enable him to give an accurate report
regarding the premature release of the prisoner under the
Advisory Board Scheme);
(viii) Two copies (for each prisoner) to the
Superintendent of the Prison to which a prisoner is
committed in case when such prisoner is sentenced to death
to prevent delay in the transmission to Government of
petitions for mercy;
(ix) One copy to the Head of the Department, or
immediate superior in cases in which the official character or
conduct of a Government servant is impugned; and
(x) One copy to be bound up in a volume of
judgments for reference in Court of Session.
 91
90

CHAPTER - XIX

COMMUNICATIONS ISSUED TO SUBORDINATE MAGISTRATES

109. Mode of communicating orders to Subordinate

Magistrate.− All proceedings of the Court of Session addressed to
any Magistrate subordinate to the Chief Judicial Magistrate shall,
except in cases of urgency or when the law sanctions a different
course, be sent to the Magistrate concerned through the Chief Judicial
Magistrate.

110. Procedure in cases of urgency.− In the cases, except

in the foregoing rule, the Court of Session shall send the proceedings
to the Magistrate concerned and to the Chief Judicial Magistrate
simultaneously.

111. Calling for records on appeal or revision without

intervention of the Chief Judicial Magistrate.− In calling for the
records of an inferior Court under section 385 or 397 of the Code, the
Sessions Judges may address the Magistrates in whose custody the
records are, without the intervention of the Chief Judicial Magistrate,
in Judicial Form No.33. The records so called for may likewise be
retransmitted directly to the Courts concerned within fifteen days
after the disposal of the cases.

112. No fresh warrant need be issued in certain cases.−

In cases in which the Central Government or the State Government
suspends, remits or commutes a sentence under sections 432, 433
 92
91

and 434 of the Code and in cases in which the President or the
Governor under Article 72 or Article 161 of the Constitution of India
grants a pardon, reprieve or remission, no fresh or revised warrant
need be issued.

113. Intimation to be given to the Controller of Defence

Accounts-Pensions, Allahabad.− (1) When a military pensioner is
convicted and sentenced to imprisonment or where such conviction
and sentence of imprisonment are confirmed in appeal, the Court
passing or confirming such a sentence shall forward to the Controller
of Defence Accounts-Pensions, Allahabad, free of charge, a copy of
such judgment as soon as possible after it is pronounced stating the
place from where the pensioner last drew his pension.

(2) The Metropolitan Magistrate or Judicial Magistrate, as the

case may be, shall forward such judgment through the Chief
Metropolitan Magistrate or Chief Judicial Magistrate, as the case may
be.

(3) The Assistant and Additional Sessions Judges shall

forward such judgments through the Sessions Judge.

(4) This rule shall also apply to judgments of the High Court
exercising powers of appeal or revision.

114. Previous convictions to be noted in Sessions

calendars.− In all Sessions calendars submitted to the High Court,
particulars of previous convictions and sentences should be given
 93
92

except in cases of acquittal and a note should be made as to whether

any or all of those previous convictions have been admitted by or
proved against the accused.

115. Courts of Session to send copies of judgments to

High Court.− (1) The Courts of Session shall submit to the High
Court, copies of all their judgments in original trials within one month
from the date of pronouncing judgment in each case.

(2) The Assistant and Additional Sessions Judges shall submit

copies of the judgments in original trials to the High Court through
the Sessions Judge.

116. Special report may be sent in any particular case.−

When the Sessions Judge sees occasion to comment specially on the
action of a Magistrate in connection with a case coming before the
Sessions Court, he should send up to High Court, a special report on
the subject in the form of a letter without awaiting the receipt of the
calendar.
 94
93

CHAPTER - XX

SESSIONS STATEMENT

117. Sessions statement.− The Sessions Judge should

submit to the High Court, a quarterly statement of all the Sessions
Cases, Criminal Appeals and Revisions disposed of in the districts
containing the following particulars:−
1. Serial number of Sessions Cases.
2. Serial number of appeals or revision cases disposed of during
the quarter.
3. Police Station and crime number (if shown in records received
in the Sessions Court).
4. From what Court, the appeal or revision is preferred.
5. Number of the case in that Court.
6. Number of the appeal or revision case.
7. Name and description of the appellant or petitioner.
8. Sentence and Law under which it was imposed in the lower
Court.
9. Whether confirmed or modified or reversed.
10.If modified, the modification.
 94

95

CHAPTER - XXI

APPEALS

118. Head Ministerial Officer to receive criminal

appeals.− The Memorandum of criminal appeal and the criminal
revision petition shall be presented in the office of the Court of
Session or in the Registry of the High Court, as the case may be,
except appeals under section 383 of the Code. The particulars of the
Memorandum of criminal appeal and criminal revision petition so
presented in the office of the Court of Session shall be entered in
Administrative Form Nos.2 and 3, respectively (Criminal Register Nos.
2 and 3 respectively). The Court shall not insist filing of affidavit in
support of the memorandum of appeal or revision.

119. Separate or joint appeals when to be preferred.−

Where several accused persons are convicted in a single trial, each of
them can prefer an appeal against his conviction either separately or
jointly with one or more of the other accused. But, when one accused
has been convicted at different trials, he should prefer separate
appeal in each case.

120. Prison appeals.− No appeal forwarded from prison under

section 383 of the Code shall be summarily rejected until fifteen days
have elapsed after its receipt by the Appellate Court. In forwarding
such an appeal, the officer-in-charge of the prison shall invariably
certify that the appellant has been informed that, if he intends to
appoint an advocate, an appearance must be put in within fifteen
 96
95

days from the date on which his petition may reach the Appellate
Court:

Provided that nothing in this rule shall oblige the Appellate

Court to wait for the full period of fifteen days, if the appellant has
appeared and been heard in person or by advocate within that period.

121. When notice may be dispensed with in appeals

received from appellants in prisons.− When a Court of Appeal
decides to proceed under section 384 of the Code, in disposing of an
appeal received under section 383 of the Code from an appellant who
is in prison, it is not legally bound to give notice to the appellant nor
is it generally necessary to do so. It is sufficient as a rule if the Court
allows seven days to elapse before proceeding to dispose of the
appeal under section 384 of the Code.

122. When notice should be given in appeal received

from appellant in prison.− When the Court decides to proceed
under section 385 of the Code, notice shall be issued to the appellant
or his advocate and the intimation given by the officer of the prison
when forwarding the appeal petition is not sufficient for this purpose.

123. Notice of appeal to whom to be given.− (1) Subject to

the provisions of section 385 of the Code, notice of appeal shall be
given to the Public Prosecutor concerned in the Appellate Court
representing the agency that had investigated the case, in Judicial
Form No.32. In all other cases, to the respondent shown in the
memorandum of appeal.
 97
96

(2) In a case where compensation has been awarded to a

person, notice shall also be given to him.

(3) Every notice issued under this Chapter shall be

accompanied by a copy of the petition/grounds of appeal/revision on
plain paper. The person receiving the notice shall acknowledge the
receipt of the notice immediately. But, the hearing of the case will
not be delayed for want of such acknowledgment.

(4) In addition to the other modes of service of notice, the

Court may order service of notice by e-mail to a party.

(5) In addition to the other modes of service of notice, the

Sessions Court may also direct the appellant / petitioner that the
information about the pendency of the appeal/revision be intimated
to the advocate who had appeared for the respondent in the Court
below, so as to enable him to inform the party, for taking steps to
enter appearance. Compliance with this rule, by itself, cannot be a
ground for setting aside the respondent ex parte.

APPEAL AGAINST ACQUITTAL

124. Notice to Public Prosecutor of bail application.− (1)

The Court shall give notice of every application for bail and an
application under section 390 of the Code to the local Public
Prosecutor.

(2) In cases where bail is granted under section 390 of the

Code, the Court granting such bail shall report the fact to the High
Court at once.
 98
97

SUSPENSION OF SENTENCE

125. Copy of the order of suspension to be sent to the

Superintendent of Prison.− Copy of the orders of bail and
suspension of sentence shall be forwarded to the Superintendent or
Officer in-charge of the prison in which the accused is confined in
Judicial Form No.41.

126. Copy of order of dismissal to be sent to the

Superintendent of Prison.− Whenever an Appellate Court
dismisses an appeal, it shall, whether the execution of the sentence is
suspended under section 389 of the Code or not, send a copy of the
order dismissing the appeal to the Superintendent or officer in-charge
of the prison in which the appellant is or is to be confined in Judicial
Form No.34.

127. Amended warrant to be sent to Superintendent of

Prison when sentence of imprisonment is modified.− Subject to
the provisions of section 388 of the Code, whenever an Appellate
Court modifies a sentence of imprisonment, it shall prepare a fresh
warrant in Judicial Form No.37 in accordance with the terms of the
order passed and shall send the same along with a copy of the order
direct to the Superintendent or officer in-charge of the prison in which
the appellant is or is to be confined and shall recall and cancel the
original warrant of commitment, which shall be attached to the record
of the Court and returned to it therewith.

128. Warrant of release to be sent to Superintendent of

Prison when sentence of imprisonment is reversed.− Whenever
an Appellate Court reverses a sentence of imprisonment, it shall
 99
98

prepare a warrant of release in Judicial Form No.36 and shall send the
same by Registered Post with Acknowledgment Due, along with a
copy of the order direct to the officer in-charge of the prison in which
the appellant is confined. It shall, at the same time, recall and cancel
the original warrant of commitment which shall be attached to the
record of the original Court and returned to it therewith.

129. Order of refund of fine.− Whenever an Appellate Court

reduces or reverses a sentence of fine, it shall, if the fine has been
levied, grant an order of refund to the appellant in his name or in the
name of his advocate holding a special vakalat specially authorizing
him to receive the money on behalf of the appellant, in Administrative
Form No.45. When the order of refund is presented to the Court of
first instance, it shall forthwith prepare the necessary bill for payment
in Administrative Form No.39 and deliver it to the payee on proper
identification and the acknowledgment in this regard shall be obtained
in Administrative Form No.24 (Criminal Register No.24).

130. Collection of additional fines.− Whenever an Appellate

Court other than the High Court, enhances the fine imposed, it shall,
if the excess fine amount is not paid immediately, intimate the Court
of first instance, which shall take immediate steps to collect the
excess fine and intimate the action taken to the Appellate Court
concerned.

131. Order of High Court on appeal and revision.− Rules

125 to 129 do not apply to the High Court. The procedure applicable
to the High Court in appeals and revision cases is provided in sections
388 and 405 of the Code. Whenever the High Court certifies its
 100
99

judgment or order to a lower Court under either of these sections, it

is the duty of the latter Court to issue necessary warrant of release in
Judicial Form No.40 or modification of sentence in Judicial Form No.39
or order for the refund of fine in Administrative Form No.45 and in
doing so, it shall be guided, as far as may be, by the above provisions
of rules 125 to 129.

NOTE: In this rule, the expression “Lower Court” means, in the case of a judgment
or order passed by the High Court on a revision petition against the finding,
sentence or order of an Appellate Court, the Appellate Court and not the Court of
first instance.

132. Time for presentation of payment order.− Payment

order shall be presented for payment within three months from the
date of its issue. If not presented within that period, it shall be
returned to the Court, and may then, after being re-dated and
initialled by the Court concerned, be re-issued to the payee.

133. Duplicate copy of order of High Court to be sent to

Superintendent of Prison.− When an order of the High Court in
appeal or revision is certified to a lower Court under section 388 or
405 of the Code, it shall be issued in duplicate and the lower Court
shall, on receipt of the order, forthwith send one copy of it to the
Superintendent or officer in-charge of the prison in which the prisoner
is confined, along with the warrant in Judicial Form No.39, if any,
required by rule 131. If the High Court order is an order of release,
one copy shall be sent direct from the High Court to the
Superintendent or officer in-charge of the prison.

NOTE: In this rule, the expression “Lower Court” means, in the case of a judgment
or order passed by the High Court on a revision petition against the finding,
sentence or order of an Appellate Court, the Appellate Court and not the Court of
first instance.
 101
100

134. Copy of judgment to be returned to prisoner in

prison.− The Court disposing of an appeal by a convict in prison
shall, in communicating its order to the prisoner, return to him
through the Prison authorities, the copy of the judgment appealed
against which accompanied the petition of appeal.

135. As many copies of judgments to be sent as there are

prisoners.− In the case referred to in rules 126 to 128, 131 and
133, warrants shall be prepared separately for each prisoner and
communicated to the Superintendent or officer in-charge of the prison
in which the prisoners are confined and each warrant shall be
accompanied or followed, as soon as possible, by the judgment or
order in accordance with which the warrants are prepared.

136. Return of papers after disposal of appeal, etc..− On

the termination of an appeal, revision petition or other application,
the Court to which such appeal, revision petition, or application is
made, shall, on an application in writing made in that behalf by the
party or Advocate concerned, return, as soon as possible, copies of
judgments, order and other papers filed as enclosures to such
appeals, revision petitions or applications. An endorsement on the
application for return signed by the party or Advocate, shall be
sufficient voucher for the return of the copies.

137. Contents of judgment.− (1) In all cases of appeal, the

point or points for determination in appeal and the reasons for the
decision of the Appellate Court shall be stated.
 101
102

(2) When an appeal is rejected under section 384 of the

Code, the judgment shall contain a statement, if the fact be so, that
the Court has perused the petition of appeal and a copy of the
judgment or order appealed against and has heard the appellant or
his counsel, as the case may be, if they appeared, or if the fact be so,
that the appellant was called on the date fixed and did not appear
either in person or by counsel.

138. Tabular statement to be given in appeal judgment.−

The judgment shall contain the particulars in a tabular statement as
in Judicial Form No.62.
 103
102

CHAPTER - XXII

REVISION AND RECOMMENDATION TO GOVERNMENT

139. Sessions Judge to revise case which calls for

revision.− (1) The Sessions Judge shall carefully peruse all
judgments and orders submitted to him with calendar statements
with a view to exercise his powers of revision and shall deal with any
case under section 399 of the Code.

(2) In the absence of any urgency, the Sessions Judge shall

not exercise his power of revision under section 399 of the Code in
cases where an appeal is provided by law, until the time allowed for
the appeal has expired.

140. Chief Metropolitan Magistrate/Chief Judicial

Magistrate to comply with requisitions of Sessions Judge.− The
Chief Metropolitan Magistrate / Chief Judicial Magistrate shall comply
with all requisitions for records, returns and information made by the
Sessions Judge. They shall also render any explanation which the
Sessions Judge may require from them or from a Subordinate
Magistrate in such a case.

141. Explanation from the Magistrate.− In a case where the

Sessions Judge, on perusing the calendar, is of the opinion that a
judgment or order calls for revision under section 399 of the Code, he
shall obtain the explanation of the Magistrate concerning the alleged
error. The explanation shall be obtained through the Chief Judicial
Magistrate.
 103

104

142. Certified copies of judgments or orders to be filed in

all revision cases.− In all revision cases, certified copies of the
judgments or orders sought to be revised should invariably be
furnished.

143. Calling for records.− In a case where the Sessions

Judge is of the opinion that the judgment or order calls for revision
under section 399 of the Code, he may call for the record of the case.

144. Mode of sending material papers.− In a case where

the original record is required, the Court concerned shall send the
material part of the original record along with a photocopy of the said
record duly certified and the original record shall be returned to the
Court concerned after perusal of the same by the Judge who had
called for it.

145. Recommendations to Government to remit or

commute sentence.− Whenever a Sessions Judge or a Magistrate is
of the opinion that there are grounds for recommending to the
Government to exercise the powers vested on them under section
432 or 433 of the Code of remitting or commuting any sentence
adjudged by the Court, the recommendation for remission or
commutation of the punishment shall be submitted to the
Government in the following manner:−
 104
105

(1) through the High Court when made by a

Sessions Judge;
(2) through the Sessions Judge and the High Court
when made by a Chief Judicial Magistrate;
(3) through the Chief Judicial Magistrate and the
High Court, when made by any Magistrate other than the
Chief Judicial Magistrate or Additional Chief Judicial
Magistrate;
(4) through the Chief Metropolitan Magistrate and
the High Court when made by any Metropolitan Magistrate;
and
(5) through the High Court when made by the Chief
Metropolitan Magistrate or the Additional Chief Metropolitan
Magistrate.

146. Report of the presiding Judge on reference under

section 432 of the Code to be forwarded to Government
through the High Court.− In cases in which the opinion of the
presiding Judge is called for by the Government under sub-section (2)
of section 432 of the Code, the same shall be forwarded by the
presiding Judge through the High Court, whether the requisition for
the opinion has been received through the High Court or not.

147. Application for transfer to be filed as Criminal

Miscellaneous Petition.− Every application for transfer of a case
presented independently or against an order of subordinate Criminal
Court making or refusing to make an order of transfer, shall be filed
and registered as Criminal Miscellaneous Petition and not as Revision
Petition.
 105
106

CHAPTER - XXIII

HIGH COURT

APPEALS

148. Tapal petitions for exercise of judicial authority not

to be entertained.− Save as otherwise provided, no application or
petition for the exercise by the High Court of its judicial authority will
be entertained when forwarded by post.

149. Form of appeal, etc..− All petitions, applications,

affidavits, memorandum of appeal or revision petitions and all
applications presented to the High Court, shall be in English and shall
be typewritten or printed, fairly and legibly on substantially white
foolscap folio paper with an outer margin about two inches wide and
separate sheets shall be stitched together bookwise. The writing or
printing may be on both sides of the paper and numbers shall be
expressed in figures.

150. Cause title of Miscellaneous Petition.− Every original

and miscellaneous petition shall be headed with a cause-title setting
out the provision of law under which it is filed and the names and full
addresses of the parties to it separately numbered and described as
petitioners and respondents. The parties shall also furnish their
mobile number or e-mail id or aadhaar card number.
 106

107

151. Cause title of memorandum of appeal.− (1) Every

memorandum of criminal appeal other than an appeal presented to a
prison officer, shall be headed with a cause title setting out the
provision of law under which it is preferred, the name of the Court,
the name of the appellants with address and mobile number or e-mail
id or aadhaar card number and the name and address of and
respondents in the High Court and also the full cause title of the case
or matter in the lower Court or Courts, as the case may be.

(2) Where an appellant is in prison, that fact shall be

mentioned in the cause-title with an indication of the prison in which
he is confined.

(3) These provisions shall, as far as may be, apply to revision

petition also.

152. Cause title of subsequent proceedings.− Every

proceeding, subsequent to an appeal, revision petition or other
application, may be headed with a short cause title setting out the
provisions of law and the names of the parties and their ranks and
status in the main case.

153. Enclosures of appeal or revision petition.− (1) Every

memorandum of appeal or revision shall be accompanied by a
certified copy or the copy furnished by the Court to the party of the
 108
107

judgment or order of the Court appealed against or sought to be

revised, a memorandum of appearance duly signed with the
enrollment number and address of the Advocate and the necessary
vouchers for the verification of any matter or entry in the petition or
enclosures.

(2) When a revision petition is presented against the

judgment or order passed in appeal, it shall also be accompanied by a
certified copy of the judgment or order of the Court of first instance
obtained either by a fresh application for copy or by a return of
enclosures under rule 136.

154. Petition to excuse delay to accompany appeals or

revision petitions presented out of time.− (1) Every petition filed
seeking condonation of delay in presenting appeal or revision shall be
accompanied by an affidavit explaining the sufficient cause for such
delay.

(2) The period of limitation prescribed for filing a revision

petition is exclusive of the time occupied in obtaining a certified copy
of the order or judgment which the petitioner seeks to revise, but,
inclusive of the time occupied in obtaining return documents under
rule 136.

155. Separate petition to be filed in each case.− Every

interlocutory application relating to an appeal, revision petition or
original petition shall be made by a separate petition in each case.
 108
109

156. Court fee to be paid on each petition.− Every petition

filed in Court or presented in the office shall be stamped with the
Court fee to which it is liable under the law.

157. Return of defective petitions, etc., and their re-

presentation.− Every petition or application which does not comply
with the above requirements or is otherwise defective shall be
returned with reasons to the party or Advocate concerned for
amendment and re-presentation within a specified time.

158. Petition to excuse delay to accompany appeals out

of time on the date of re-presentation.− Every petition seeking
condonation of delay in re-presenting the appeal memorandum or
revision petition returned by the Court, within the specified time, shall
be accompanied by an affidavit explaining the sufficient cause for the
delay.

159. Posting of cases for admission.− Every appeal (other

than one preferred from prison or in which the prisoner has been
sentenced to death or has been called upon to show cause why he
should not be so sentenced), revision, application and petition shall
be posted for admission at the earliest possible opportunity after it is
filed.

160. Motion cases.− Every petition or application intended to

come up for orders of the High Court as a special motion should be
 110
109

filed in the Registry not later than 1.30 p.m. on the day previous to
the day on which the motion is to be heard.

161. Motion to be taken before the day’s regular work.−

Every petition allowed by the Registry under rule 160 may be taken
up before the regular work of the Court for the day and shall also
have precedence over civil motions.

162. Additional set of papers to be filed in motions before

a Bench of two or more Judges.− Where a motion has to be heard
by a Bench of two or more Judges, additional sets of papers should be
furnished by the party concerned.

163. Twenty four hours notice to Public Prosecutor to be

given in cases of transfer.− No application for transfer in which
previous notice is prescribed by the Code shall be accepted as a
special motion unless it bears an endorsement or is accompanied by a
satisfactory voucher that notice was given to the Public Prosecutor at
least twenty four hours before the forenoon of the day on which the
Court sits to take up the application.

164. Personal notice in the absence of advocate.− (1)

Notices in criminal cases shall be served on parties personally unless
they are represented by advocate in which case notice shall be given
to such advocate. The Registry may also sent notice to the party by
e-mail.

(2) It is permissible for the Court to order private notice or

notice by publication to a party.
 111
110

(3) In addition to the other modes of service of notice, the

High Court may also direct the petitioner/appellant that the
information about the pendency of the petition/appeal be intimated to
the advocate who had appeared for the respondent in the Court
below, so as to enable him to inform the party for taking steps to
enter appearance. Compliance with this rule, by itself, cannot be a
ground for setting aside the respondent ex parte.

165. Notice to Public Prosecutor in cases referred to High

Court under section 366 of the Code.− In cases referred to the
High Court for the confirmation of capital sentence, the Court shall
issue notice to the Public Prosecutor or to the Prosecuting Agency to
appear on behalf of the prosecution.

166. Every notice issued under this Chapter shall be

accompanied by a copy of the petition/grounds of appeal/revision on
plain paper. The person receiving the notice shall acknowledge the
receipt of the notice immediately. But, the hearing of the case will
not be delayed for want of such acknowledgment.

167. Service on prisoners through prison authorities.−

Notice for service on parties in prison will be forwarded to the officer
in-charge of the prison and endorsement by the officer that notices
were duly served shall be taken as proper service.

168. Cases in which Court printing is done.− (1) The

following classes of cases will be printed by the Registry without
special orders of Court:-
 112
111

(i) Reference under section 395 of the Code.

(ii) Appeal under the Code.

(2) (i) It will not ordinarily be necessary to print inquest reports

and prior statements which are filed merely to prove omissions or
motive.

(ii) Where parts of a document are relied on, those parts alone
need be printed, as indicated by the trial Court in the judgment or the
list of exhibits annexed.

(iii) In cases where there are a number of accused, such as

cases involving offences like rioting, the printing of statements of the
accused under section 313 of the Code may be dispensed with:

Provided that three copies of such statements are typed, one

for the Court, one for the use of the Public Prosecutor and one for
joint reference by all the counsel for the accused persons.

169. Evidence to be printed only if pleadings are

printed.− No party will be permitted to print the evidence in a case
without his having paid for the printing of the pleadings.

170. Time for translation and printing list.− No application

for the printing of evidence presented by the petitioner after the
expiry of one week from the date of the admission of his petition or
by the respondent after the expiry of fourteen days from the date of
service of the notice of the petition, shall be received except under
the orders of the Registrar.
 112
113

171. Registrar to permit printing of fresh documents to

be admitted in evidence.− When application is made for the
translation and printing of any document not on the record of the
case with a view to its admission in evidence, the translation and
printing may be ordered by the Registrar, provided that the order
shall be made without prejudice to the posting of the case.

172. Bill to be paid within ten days from its issue.− A

party to whom a bill is issued for printing charges, whether in respect
of pleading, or of evidence, shall be called upon to pay the amount
therein specified within ten days from the date of its service on him
and no payment shall be received after the expiry of that period,
except under an order of the Registrar.

173. No printing in revision cases wherein there is an

order of stay.− In the absence of an express direction to the
contrary, no printing either of pleadings or of evidence, shall be done
in a revision case, pending disposal of which, stay of proceedings in
any criminal case has been ordered by the Court.

174. Cases in which printed papers are to be supplied

gratis.− Printed papers will be supplied free of cost in the following
cases:-
(i) One set to the Public Prosecutor in every case in
which notice has been issued to him;
(ii) One set to the advocate to whom a State brief
has been issued;
(iii) One set to the advocate who has been appointed
to act as amicus curiae;
 114
113

(iv) One set to the advocate for accused in -

(a) proceedings submitted to the High

Court under section 366 of the Code;
(b) Appeals against acquittal;
(c) Revisions for enhancement of sentence
to death.

175. Application to be made in other cases.− (1) An

advocate requiring free supply of printed or typed papers in any other
case should obtain the orders of Court by means of a petition or
otherwise.

(2) Application for free copies of printed papers shall be made

at the time of the admission of an appeal or petition in any other case
and shall be supported, wherever possible, by an affidavit on the
means of the accused.

176. Additional sets to be applied for at the time of

printing.− Applications for additional sets of printed papers shall not
be entertained unless they are made by parties paying for the
printing and are made in sufficient time to enable the office to comply
with the requisition.

177. Payment to be made in other case.− Printed papers

will not be issued to parties or advocates not having notice in a case
except on payment and under the special orders of the Registrar.

Explanation: The expression “printing” wherever it occurs includes

“typing”, “photostat” or any other process for making legible copies of
the record.
 115
114

178. List of ready cases.− (1) A list of cases ready for

hearing shall be exhibited on the notice board as each case becomes
ready and no criminal case shall ordinarily be posted for hearing
within a week of its being so exhibited.

(2) No such list shall however be exhibited for original

miscellaneous applications.

179. Rough list.− A rough list of cases for disposal on the next
working day shall be exhibited on the notice board each day.

180. Weekly list.− In addition to the list referred to in the

preceding rule, a special list of cases shall be put up on Tuesday
preceding the week during which they shall be disposed of by the
Criminal Bench, when applications for adjournment of any case on
such list shall be dealt with.

181. Cases to be heard by Bench of two Judges or more.−

The following classes of cases shall ordinarily be heard by a Bench of
two Judges:−

(i) Every proceeding under section 366 of the Code

and every appeal from the judgment of a criminal Court in
which sentence of death or imprisonment for life has been
passed on the appellant or on a person tried with him;
(ii) Every reference under section 395 of the Code;
(iii) Every appeal against acquittal on a capital charge;
(iv) Every case taken up in revision for enhancement of
sentence to death;
(v) Every application for directions of the nature of
Habeas Corpus under Article 226 of the Constitution of
India;
 116
115

(vi) Every appeal, application, reference or revision

petition which may be referred to a Bench by a Single
Judge;
(vii) Any other case as may be directed by the Chief
Justice to a Bench of two Judges.

182. Single Judge cases.− All other criminal cases not

referred to in rule 181 shall ordinarily be heard by single Judge.

183. Reference under section 366 of the Code, to be

given preference.− Reference under section 366 of the Code shall
have precedence over other cases posted before the Criminal Bench.

184. Judgment and orders to be despatched with

promptness.− The judgment or order of the High Court in or
relating to a criminal case on its file shall be certified to the lower
Courts with the least possible delay.

185. Orders on reference under section 366 of the Code,

to be communicated on the same day.− An order on a reference
under section 366 of the Code shall be certified to the Court of
Session on the same day on which the judgment is pronounced.

186. Orders to be issued beforehand if preparation of

judgment is delayed.− Where, in any of the following cases, the
Judgment of the High Court cannot be certified to the Lower Court on
the day on which it is pronounced, an order drawn up in conformity
with the Judgment will be certified on the day on which Judgment is
delivered or the next working day:-
 117
116

(i) Every case in which a judgment of acquittal or release is

passed or upheld and the accused or any of them is in custody;

(ii) Every case in which a sentence is passed, enhanced, or

confirmed and the accused or any of them is on bail or otherwise at
large;

(iii) Every case in which a sentence on the accused person who

is entitled to early or immediate release upon such order is reduced
or altered; and

(iv) Every other case which, by its nature, requires urgent or

immediate action.

187. Judgments relating to Sessions trials.− Judgments of

the High Court in cases relating to trials by a Court of Session shall be
communicated to,−

(i) The Sessions Judge;

(ii) The Additional or Assistant Sessions Judge, as the

case may be;

(iii) The Superintendent of Prison, if any, in which the

accused is confined;

(iv) The prosecuting agency concerned;

(v) The Superintendent of Police concerned or any other

Officer of higher rank;

(vi) The Public Prosecutor, High Court.

188. To whom orders are to be communicated.− Orders

issued in advance of judgments shall be communicated to the officers
and parties to whom judgments are communicated.
 117

118

189. Orders to be communicated to Subordinate

Magistrates through the Chief Judicial Magistrates.− Every
order and judgment relating to a magisterial enquiry or trial shall be
communicated to the Magistrate or Magistrates concerned through
the Chief Judicial Magistrate in the absence of special urgency.
 119
118

CHAPTER - XXIV

REVISION CASES

190. Applicability of Rules to revision cases.− Rules 187

to 189 shall apply mutatis mutandis to revision cases arising from
cases, other than Sessions trials.

191. Certificate under Article 132 or 134 of the

Constitution of India.− In cases where the High Court grants a
certificate under Article 132 or Article 134 of the Constitution of India
to a person under sentence of death, the date of the issue of the
certificate shall forthwith be intimated to the Government and the
Superintendent of the Prison in which the prisoner is confined.

192. State brief.− An advocate will be engaged through the

Legal Services Authority to defend an accused person who does not
engage an advocate himself and who is under sentence of death or
has been called upon to show cause why a sentence of death should
not be passed upon him or against whom an appeal has been filed
under section 378 of the Code in cases involving imprisonment, and
may, if necessary, be engaged in a case involving a lesser sentence.

193. Fee in High Court.− The fee payable to an advocate

appointed by the High Court is at the discretion of the High Court.

194. Return of records and material objects.− (1) On the

termination in the High Court of a Reference, Appeal, Revision case or
other application or matter, the records of the case with the material
objects, if any, shall be returned to the Court or Courts from which
 120
119

they were received along with the judgment or order of the High
Court without delay.

(2) If the records are not received by the Court concerned

within six weeks from the date of receipt of the copy of the order or
judgment passed by the High Court, as the case may be, the High
Court shall be addressed for return of records sent for reference in
connection with any appeal or other proceedings.

195. Return of enclosures.− Copies of judgments, orders or

other papers filed by the parties in the High Court as enclosures to
any appeal, revision petition or other application shall, on the
termination of such appeal, revision petition or application, be
returned to them on a requisition made by them in that behalf, under
the orders of the Registrar.

196. In sentences of death, two sets of papers to be sent

to Government.− In every case in which a sentence of death is
passed or confirmed by the High Court, two copies of the judgment of
the High Court with two sets of printed evidence and of all other
material papers shall be forwarded to the Government in Home
Department.

197. Copies of judgments to be sent to the prison

concerned.− For the purpose of appeals to be preferred to the
Supreme Court by prisoners confined in prisons, on a requisition by
the Superintendent of the Prison concerned, the High Court shall
supply free of cost, eight copies of the Lower and Appellate Courts'
judgments.
 120

121

198. Criminal Rules of Practice to apply to High Court.−

These Rules shall govern the practice of the High Court on the
Appellate Side to the extent to which they are applicable.
 122
121

CHAPTER – XXV

GENERAL

LEVY OF FINES

199. Levy of fines.− In exercise of the power conferred by

sub-section (2) of section 386 of the Code of Criminal Procedure,
1898 (Central Act V of 1898), the State Government have framed
rules for the “Execution of warrants for levy of fines 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.” These Rules, though framed under the 1898 Code, are
saved under section 484 of the Code and should be construed as
Rules framed under sub-section (2) of 421 of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974). The said Rules are
reproduced hereunder:

“Warrant for levy of fine:

(1) A warrant for the levy of fine issued under clause
(a) of sub-section (1) of section 386 of the Code [new
clause (a) of sub-section (1) of section 421], shall be
directed to a police officer and shall be in Form No. XXXVII
of Schedule V to the Code [New Form No.43 of Schedule II
to the Code].
(2) The authority issuing the warrant shall specify a
time for the sale of the attached property and for the
return of the warrant.
(2-A) The following articles shall not be liable to
attachment or sale, viz.,:-
The necessary wearing apparel, cooking vessels, beds
and bedding of the offender, his wife and children and such
personal ornaments as in accordance with the custom or
religious usage cannot be parted with by a woman, for
example, a thali or wedding ring.
(3) (i) The attachment of movable property belonging
to the offender shall be made by seizure:
Provided that, where, in addition to or in lieu of
 123
122

seizure, the police officer considers that either or both of

the methods referred to in clauses (b) and (c) of sub-
section (3) of section 88 of the Code [new section 83]
should be adopted, he shall obtain an order to that effect
from the Court issuing the warrant.
(ii) When the method referred to in clause (b) of sub-
section (3) of section 88 of the Code (new section 83) is
adopted and a receiver is appointed, the powers, duties
and liabilities of such receiver shall be the same as those of
a receiver appointed under Order XL of the First Schedule
to the Code of Civil Procedure, 1908 (Central Act V of
1908).
(3-A) The police officer who makes an attachment of
movables under rule (3), may, after attachment hand over
the articles attached to a third party on a bond being
executed in Form No.15-A of Appendix E to the Code of
Civil Procedure, 1908 (Central Act V of 1908), for their
custody and production before the Court when required.
(4) Before making the attachment, the police officer
shall deliver or tender a copy of the warrant, to the
offender or in his absence, to any adult male member of his
family. If a copy cannot be so delivered or tendered, the
police officer shall affix a copy of the warrant at some
conspicuous place where the property to be attached is
found. After making the attachment, the police officer shall,
in like manner deliver, tender or affix, as the case may be,
an inventory of the property attached.
(5) If no claim is preferred to any property attached,
within one month from the date of attachment, by any
person other than the offender, the police officer executing
the warrant shall have power to sell, within the time
mentioned in the warrant, and without previous reference
to the Court issuing the warrant the property or such
portion thereof, as may be sufficient to satisfy the amount
to be levied:
Provided that if the property attached consists of
livestock or is subject to speedy and natural decay, or if its
immediate sale would be for the benefit of the owner, the
police officer may sell it at once, but, the proceeds of the
sale shall not be appropriated towards the fine, until the
expiration of one month from the date of the attachment
and until any claim preferred under rule 6 has been
disposed of.
 124
123

(6) If any claim is preferred to any property attached

under rule (3) within one month from the date of such
attachment, by any person other than the offender, on the
ground that the claimant has an interest in such property
and that such interest is not liable to attachment, the claim
shall be enquired into and disposed of as provided for in
rules (7) to (9):
Provided that any claim preferred within the period
allowed by this rule, may, in the event of the death of the
claimant, be continued by his legal representative.
(7) Claims may be preferred under rule 6 in the Court
by which the warrant is issued, or if the claim relates to
property attached under a warrant endorsed by a District
Magistrate (now Chief Judicial Magistrate) or the Chief
Presidency Magistrate (now Chief Metropolitan Magistrate)
under section 387 of the Code (new section 422), in the
Court of such Magistrate.
(8) Every such claim shall be enquired into and
disposed of by the Court in which it is preferred:
Provided that if preferred in the Court of a District
Magistrate (now Chief Judicial Magistrate) or Chief
Presidency Magistrate (now Chief Metropolitan Magistrate),
such Magistrate may make it over to any Magistrate of the
First or Second Class (now Judicial Magistrate), or to any
Presidency Magistrate (now Metropolitan Magistrate), as
the case may be, subordinate to him.
(9) The enquiry shall be summary and the Court shall
record its decision on the claim with the reasons therefor.
Such decision shall be final and shall forthwith be
communicated to the Police officer executing the warrant
who shall dispose of the property in accordance with such
decision.
(10) The Police Officer executing the warrant shall, as
soon as possible after the sale, produce the sale proceeds
before the Court issuing the warrant, or if the property was
sold under a Warrant endorsed by a District Magistrate
(now Chief Judicial Magistrate) or Chief Presidency
Magistrate (now Chief Metropolitan Magistrate) under
section 387 of the Code (new section 422), in the Court of
such Magistrate.
(11) Subject to the proviso to sub-section (1) of
section 386 of the Code (new section 421), and subject
also to section 70 of the Indian Penal Code, if, at any time
 125
124

subsequent to the return of the warrant, the fine, or any

part thereof, remains unpaid and the Court has reasonable
grounds for believing that the offender has any movable
property, it may issue a fresh warrant for the attachment
and sale of such property in accordance with the Code and
these rules.”

200. Collection of fine.− A Court levying fine should attempt

to collect the fine immediately and should not wait to take action until
after the imprisonment has been undergone by the prisoner. If the
Court considers it necessary to recover the fine amount after the
imprisonment in default sentence has been undergone, it shall strictly
comply with the proviso to sub-section (1) of section 421 of the Code
by recording special reasons.

201. Payment of amount of compensation under section

357 of the Code.− The Court by which a fine or any portion of a fine
has been awarded as compensation under section 357 of the Code
shall, on the application of the person to whom such compensation
has been awarded, grant an order in Judicial Form No.55 for payment
of the amount awarded direct to the treasury to which such amount
has been remitted, together with a certificate to the effect that either
(1) the sentence and award are not subject to appeal or have been
confirmed by the Appellate Court and that no order has been received
from the Court of Revision modifying or reversing the order of
compensation, or (2) where the order as to compensation has been
modified in appeal or revision, that the payment order is in
conformity with such modification, or (3) that the appeal time has
expired and that no appeal has been preferred and that no order has
been received from the Court of Revision modifying or reversing the
order of compensation. The acknowledgment for issuance of the order
 126
125

in the said Judicial Form No.55 shall be obtained in Administrative

Form No.24 (Criminal Register No.24).

Note.− If the fine is imposed in a case which is subject to appeal, the

order for payment shall not be granted till after the expiry of one or
other of the periods specified in sub-section (2) of section 357 of the
Code.

202. Certificates as to appeal.− In cases in which the Court

awarding the compensation may be unable to certify whether an
appeal has actually been preferred, the party desirous of obtaining
payment of the amount of compensation in deposit, may apply to the
Appellate Court to certify whether or not any appeal has been
preferred, and on such application being made, the Appellate Court
shall grant the required certificate.

203. Compensation otherwise than under section 357 of

the Code.− Compensation awarded under sections 250 and 358 of
the Code and compensation and all other sums recoverable like fines
under any other provisions of law and not creditable to
“Administration of Justice” shall be dealt with in the manner provided
in the foregoing rules for compensation awarded under section 357 of
the Code.

Provided that, if the order to pay such compensation or other

sum is reversed or modified in appeal or revision, the payment order
on the treasury shall be given to the party or parties entitled to draw
the money.
 126
127

CHAPTER - XXVI

RETURNS OF FINES

204. Rules for accounts of fines levied and refunded.−

Rules for securing uniformity and accuracy in the accounts of fines
levied and refunded by Magistrates and Courts of Session.
Explanation.- In these rules, "fine" includes money awarded as
compensation and any other money recoverable by Court like a fine.
"Judge" includes Sub-Judge and District Munsif. "Treasury" includes a
Sub-Treasury and notified banks.

(A) GENERAL

(1) The account of fines imposed, levied and refunded shall be

kept in the form prescribed as Administrative Form No.25 (Criminal
Register No.25.)

(2) The Register shall be kept in Courts whenever the Judge or

Magistrate is sitting and each fine shall be recorded in it as soon as it
is imposed and the entries shall at once be initialled by the Judge or
Magistrate in Column 8.

(3) Money paid towards fine shall be received by the Clerk

authorized for the purpose in the presence of the Judge or the
Magistrate. Acquittance receipts in Administrative Form No.49 shall
invariably be granted and signed by the Judge or the Magistrate
himself, who, while signing them, shall initial the record of payment in
column 11 of the Fine Register in the said Administrative Form No.25
(Criminal Register No.25). Each Judge or Magistrate shall make
remittances to one treasury only.
 128
127

(4) In the Metropolitan Magistrate Courts, after the fine is

imposed by the Magistrate, the same shall be remitted to the Cashier
who shall make necessary entries in the said Administrative Form
No.25 and issue acquittance receipt in the said Administrative Form
No.49. The fine so collected shall be remitted to the Reserve Bank of
India in Administrative Form No.54.

(5) All fines received by the Courts shall be remitted without

delay and not later than the next working day.

(6) When fines are remitted to a treasury, a remittance book in

the shape of cheque book in revised Administrative Form No.44 with
each page consecutively numbered and divided by perforated lines
into three parts shall be used, and the amount of the remittance with
necessary details entered in each part. The first part shall remain with
the Judge or the Magistrate in the book. The second and third parts
shall be sent to the treasury, the second part to be kept in the
treasury for account purposes and the third part to be signed by the
Treasury Officer and returned to the Judge or the Magistrate as a
receipt.

(7) When the receipt is returned by the Treasury Officer to the

Judge or the Magistrate, it shall be affixed to the counterfoil and the
fact of remittance recorded immediately in the fine register and the
entries regarding it initialled by the Judge or the Magistrate in column
(17).

(8) All fines realized by Courts will be finally credited to

Government Account. Grants in lieu of the various classes of fines
realised by Courts shall be paid by the Government to the local
 128
129

authorities or private bodies concerned, including Village and Forest

Panchayats and Societies for the Prevention of Cruelty to Animals, as
laid down in Article 306, Tamil Nadu Financial Code, Volume I. The
Government of Union of Territory of Puducherry shall follow the
extant rules applicable to them.

(B) THE MONTHLY STATEMENT

(1) On the last day of each month, the Magistrate shall transmit
to the Chief Judicial Magistrate/Chief Metropolitan Magistrate, a
monthly statement in Administrative Form No.36 showing the amount
of fines imposed, levied and written off for the treasury month as
hereafter explained. The Chief Judicial Magistrates / Chief
Metropolitan Magistrate shall review the monthly progress made in
the collection of fines.

(2) Subordinate Judges and District Munsifs shall, on the last

day of each month, transmit similar statements to the District and
Sessions Judge.

(3) To effect an agreement between the figures in the monthly

statement and the sums credited in the treasury accounts, each
Judge's or Magistrate's fine register and monthly fine statement shall
be made up not for the calendar month but for the treasury month of
the treasury with which he deals.

(4) Cases in which sanction to write off irrecoverable fines is

required shall also be shown in Administrative Form No.38 to be
printed on the back of the said Administrative Form No.36. The Judge
or Magistrate shall write with his own hand, the total of the amount to
 130
129

be written off in words as well as in figures. When any fine remains

uncollected for three months, details shall be given below the
statement of irrecoverable fines with an explanation as to why it
remains uncollected or why it is not proposed to treat it as
irrecoverable.

(5) The Treasury Officer shall verify the amounts shown in the
monthly fine statement remitted to the Treasury and if they agree
with his accounts, sign a certificate to that effect and send it to the
Chief Judicial Magistrate or District and Sessions Judge, as the case
may be.

(6) For the purposes of the statement prescribed by these rules,

a Court realising a fine imposed by another Court shall treat it as if it
had been imposed by itself, sending notice of the recovery to the
Court which inflicted the fine.

(C) COMPENSATION

(1) At the conclusion of the trial, if the Magistrate decides to

take action under section 250 of the Code, he shall call upon the
complainant, if he be present, to show cause why he should not be
ordered to pay compensation under the section. If the complainant
be not present, the Magistrate shall issue notice to him to appear on
the day fixed for delivery of judgment to show cause why payment of
compensation should not be ordered. If the complainant cannot be
served with notice within a reasonable time or appears to be keeping
out of the way, or having been served with notice, fails to appear on
the appointed day, the Magistrate may proceed ex parte and make an
order under section 249 of the Code, if he deems fit to do so.
 131
130

(2) Compensation awarded under sections 250, 357 and 358 of

the Code and compensation and all other sums recoverable like fines
which cannot be entered in columns (4) and (5), shall be entered in
column (7) of Administrative Form No.25 (Criminal Register No.25)
and the collection of such amount shall be entered in column (15).

(3) These amounts shall be retained in deposit in the treasury,

subject to the order of the Court awarding the compensation or of the
Court of Appeal or Revision. The particulars of such amounts shall be
entered in Administrative Form No.35 (Criminal Register No.35).

(4) The amount retained in deposit under the last preceding

rules shall be paid to the party entitled to the compensation or other
sum on such party producing before the Treasury Officer a payment
order in Judicial Form No.55, together with a certificate to the effect
that either (1) the sentence and award or other order are not subject
to appeal or has been confirmed by the Appellate Court and that no
order has been received from the Court of Revision modifying or
reversing the order of compensation; or (2) where the order as to
compensation or other sum has been modified in appeal or revision,
that the payment order is in conformity with such modification; or (3)
that the appeal time has expired and that no appeal has been
preferred and that no order has been received from the Court of
Revision modifying or reversing the order. If in the case of
compensation awarded under sections 250 and 358 of the Code, or
other sums recoverable like fines, the order to pay such
compensation or other sum is reversed or modified in appeal or
revision, the payment order on the treasury shall be given to the
party or parties entitled to draw the money.
 132
131

(5) When the compensation is awarded by a Court of Appeal

and has to be paid out of a fine already credited to the Government,
the amount of compensation shall, for purposes of the treasury
account, be treated as a magisterial refund and entered accordingly in
the said Administrative Form No.25 (Criminal Register No.25).

(6) Taxes and dues which have to be credited to local bodies

shall be treated in the same manner, but shall be credited at the
treasury at once to the local body concerned. If the Court's order is
subsequently reversed, the refund of the tax or due shall be debited
to Municipal or Local Funds, as the case may be.

(D) CONSOLIDATED STATEMENT

(1) The returns received from the Magistrates in the said

Administrative Form No.36 shall be compiled by the Principal District
Judge or District Judge, as the case may be, into a consolidated
statement including the figures for his own Court in the same form
and transmitted to the District Treasury Officer.

(2) Similarly, the returns received from Civil Judges (Senior

Division) and Civil Judges shall be compiled in the District and
Sessions Court with the fines, if any, relating to that Court and the
consolidated statement shall be transmitted to the District Treasury
Officer.

(3) The consolidated statement shall be forwarded to the

District Treasury Officer as soon as possible after the beginning of the
month.
 133
132

(4) The consolidated statement shall be verified with the

treasury accounts by the District Treasury Officer and the Principal
District Judge or District Judge, as the case may be. If any difference
is discovered between the consolidated statement and the treasury
accounts, the same shall be reconciled.

205. Register of fines.− (1) The items in the register of

fines in the said Administrative Form No.25 levied and refunded shall
be numbered serially calendar yearwise and the same shall be noted
in the Register of Appeal Cases Received in Administrative Form No.2,
Register of Sessions Cases Received and Disposed Of in
Administrative Form No.1, Register of Revision Cases entertained in
Administrative Form No.3, Register of Calendar and Preliminary
Register Cases Received in Administrative Form No.4, Register of
Summary Trials in Administrative Form No.32, Register of
Miscellaneous and Maintenance Cases Received in Administrative
Form No.5, etc. for cross reference.

(2) The entire fine imposed by the Special Judicial

Magistrate/Special Metropolitan Magistrate in respect of offences of
ticketless travel and offences falling under the Railways Act, 1989,
(Central Act 24 of 1989) shall be credited to the account of the
railway administration and the fines collected in cases relating to
Railways by other Courts in the State shall be remitted to the account
of the State Government.

(3) Fines imposed and realised by the Court under various

Industrial and Labour laws shall be credited to the head of Labour
Welfare Fund.
 134
133

206. Lapsed deposits.− (1) (a) On or before the 5th January

of each year, the Head Ministerial Officer of every Court shall prepare
a statement of all deposits not exceeding Rs.500/- which have
remained unclaimed for one whole year ending with the 31st
December of the previous year and balance not exceeding Rs.500/- of
deposits partly repaid during that year and shall submit it to the
Sessions Judge or Magistrate for his orders.

(b) With the sanction of the Sessions Judge or the Magistrate,

which may be given without notice to the depositors, or to the
persons to whose credit the sums may have been paid in or
deposited, all sums included in the abovesaid statement shall be
treated as lapsed deposits, and carried to the credit of the
Government:
Provided, however, that the Sessions Judge or the Magistrate
may, for reasons to be recorded in writing, sanction the retention in
deposit of any sum mentioned in the statement.
(2) All sums other than those mentioned in sub-rule (1) paid
into or deposited in the Court may be credited to the Government
with the sanction of the Sessions Judge or the Magistrate, if they
have remained unclaimed for four full years and if a notice had been
issued in respect of them in the manner hereinafter prescribed.
Note:
The four complete years referred to in this sub-rule shall be computed
with reference to the date of the last payment and not from the date
of the original deposit.

(3) On or before the 15th October of each year, the Head

Ministerial Officer of every Court shall prepare a statement of sums
which are liable to be credited to the Government as lapsed deposit
on the 1st January of the succeeding year under the operation of sub-
rule (2).
 135
134

Note:
(i) In preparing the statement, the sums should be entered in
chronological order and separate totals should be given for deposits
relating to different year.
(ii) Sums which have been attached or which form the subject
of claim or a proceeding should not be included in the statement of
deposits liable to be credited to the Government. Only such deposits
as are unclaimed should be included.
(iii) Unclaimed deposits belonging to minors should be treated
in the same way as other unclaimed deposits and in preparing the
annual statement of lapsed deposit, they should be entered therein
like the others.

(4) The Sessions Judge or the Magistrate shall pass orders with
respect to the sums entered in the said statement and may direct
that with such exceptions, if any, as he may deem proper, they be
treated as lapsed deposits.

(5) (a) On or before 1st November of each year, the statement

of all the sums which are liable to be credited to the Government on
the 1st January of the succeeding year shall be prepared and got
published in the next ordinary issue of the District Gazette with a
notice that unless the parties interested claim them on or before the
10th March of the succeeding year, they will be credited to the
Government, on or before the 1st November. A copy of the aforesaid
statement and notice shall be exhibited on the notice board of the
Court and another copy shall also be sent to the Bar Association of
the station where the Court is located for being exhibited on its
notice board.

Illustration: On 1st November 2017, the statement of all the sums

which are liable to be credited to the Government on 1st January 2018
shall be prepared and got published in the next ordinary issue of the
District Gazette with a notice that unless the parties interested claim
 136
135

them on or before 10th March 2018, they will be credited to the

Government on or before 1st November 2018.

(b) For the purpose of publication as aforesaid in the District

Gazette, the statement shall be legibly prepared and shall be sent to
the Press in time for being published in the next issue of the District
Gazette.

(c) Particulars shall be given in the aforesaid statements as to−

(i) Number of case or proceeding in the Court;

(ii) Date of deposit and challan or T.R. Number;
(iii) The nature of the deposits;
(iv) Amount; and
(v) To whom due, ranks of the parties and the
names of their advocates.

(6) The particulars published in the District Gazette and in the

notice board of the Court as aforesaid shall be carefully compared
with those in the statement on record in the Court, and the Sessions
Judge or Magistrate shall, on or before the 15th March of each year,
certify to the Treasury Officer, the sums which have to be credited to
the Government as per sub-rule (5) and in respect of which, there
has been no mistake or discrepancy in the publication. He shall
similarly certify the sums which have to be credited to the
Government as per sub-rule (1).
207. Applications for refund of lapsed deposits.− (1) After
the lapsed deposits have been credited to the Government, bill ought
not to be drawn against these deposits, but when necessary,
applications shall be made in Form No.65 of the Tamil Nadu Treasury
Code [C and P.65] to the Accountant General, through the Treasury
Officer concerned, so that he may note the Treasury numbers of the
deposits, thereon.
 136
137

(2) Applications for refund of lapsed deposits shall, in the first

instance, be made to the Court which remitted the deposits and shall,
in case where the application is presented after 6 months after the
date on which the amount lapsed to the Government, be stamped
with a Court-fee stamp of the value prescribed in the Tamil Nadu
Court Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of
1955) or Puducherry Court Fees and Suits Valuation Act, 1972
(Puducherry Act 2 of 1973), as the case may be.
(3) Lapsed deposit credited to the Government, may be
refunded on the authority of the Officer by whom the deposit was
remitted.
(4) At the end of each official year, the Sessions Judge or the
Magistrate should furnish to the Treasury Officers, two statements of
lapsed deposits specifying dates of receipt, number of the deposit and
the balance at credit. One statement should include deposits not
exceeding Rs.500/- unclaimed for one whole account year and
balances not exceeding Rs.500/- of deposit partly repaid during that
year and the other statement should include all items exceeding
Rs.500/- which have not been claimed for more than four complete
years, with certificates to the effect that the sanction of the Judge or
Magistrate has been obtained for the items shown therein being
credited to the Government.
Note:
(1) For the purpose of these rules, “deposit” includes
compensation amount, paid or collected under sections 357 and 358
of the Code.

(2) The Revenue Receipt for Judicial Department shall be

credited in the newly created Data Processing Code vide High Court's
R.O.P. No.03/2019/Bud-III dated 22.03.2019 as given in the
Annexure to these Rules.
(3) In the Union Territory of Puducherry, the lapsed deposits
may be credited in accordance with the extant rules applicable there.
 137
138

CHAPTER – XXVII

NOTIFICATION OF RESIDENCE BY RELEASED CONVICTS

208. Notification of residence.− When an order has been

passed under section 356 of the Code, that a convict shall notify his
residence and any change of residence after release for a specified
term, the Court or Magistrate passing such order, shall enter a record
thereof in the warrant of commitment issued under section 418 of the
Code in respect of such convict in Judicial Form Nos. 45 and 29.
 138
139

CHAPTER - XXVIII

CERTIFIED COPIES

209. Application for copies by a party.− Every application

for a copy of judgment or order or proceedings (including docket
order) or deposition of witnesses or original document filed in or in
the custody of a Court shall be presented by the applicant or his
advocate and shall set out the case or proceeding number, if any, the
name of the applicant, his position in the case or proceeding as the
case may be, the name of the advocate, if any, and description of the
proceeding or document of which a copy is required.

210. Application for copies by third parties.− Application

for the grant of copies of judgment or order or any proceeding or
document in the custody of a Court by a third party to the proceeding
shall be allowed only by order of the Court obtained on a petition
supported by an affidavit setting forth the purpose for which the copy
is required.

211. Return of defective applications.− Any application not

complying with the requirements of these rules shall be returned for
being re-presented after rectifying the defects within a period not
exceeding seven days.

212. Urgent application for copies.− Application for urgent

copies shall be by a separate urgent application setting forth the
grounds of urgency.
 140
139

213. Copies of non-judicial and confidential papers.−

Copies of correspondence or of proceedings which are confidential or
which are not strictly judicial, shall not be granted, except under the
order of the Court.

214. Application for more than one document.− A single

application may pray for copies of more than one document or
proceeding in the same case.

215. Striking off of defective applications.− When

applications are returned for rectification of defects, a limit of seven
days shall be fixed for their re-presentation. Defective applications
which are not taken back by the parties or not re-presented within
the period specified above, shall be struck off by the Head Ministerial
Officer.

216. Notes of evidence when to be given.− Where the

notes of the Presiding Officer form the only record of the evidence,
copies of such notes may be given in typed format.

217. Procedure when documents for which copies are

applied for are in another Court.− If the records of a case or the
documents of which a copy is applied for, have been sent to another
Court, the application for the copy shall be returned for presentation
to the said Court.
 141
140

218. Order in which applications should be complied

with.− The preparation of copies shall be in accordance with the
serial order of application vide Administrative Form No.17 except in
cases where an urgent application has been filed and allowed.

219. Calling for stamp papers.− Everyday between 03.00

p.m. and 05.00 p.m., a list showing the applications in which records
have been received and number of stamp papers required shall be
affixed to the notice board of the Copying Section. Such list shall
remain thereon for three days and, if the last day is a holiday, till the
next working day. Within the time, the applicant shall supply stamp
papers called for, failing which, the application shall be struck off.

220. Additional stamp papers.− Whenever additional stamp

papers are found necessary, they shall be called for and supplied in
the same manner as in the preceding rule.

221. Copying charges.− (1) Copying charges shall be called

for and supplied in the shape of copy stamp papers calculated at the
rate of one stamp paper of One Rupee for every 175 words or fraction
thereof:
Provided that, instead of furnishing copy stamp papers, a party
may furnish foolscap paper of durable quality with the requisite Court
fee stamps affixed on each sheet and the rules applicable to the
preparation of copies on stamp papers shall apply:
 141
142

Provided further that in the case of photostat copies, charges

shall be called for and supplied in the shape of adhesive Court-fee
stamps at the rate of two rupees per page:

Provided also that affixed stamps shall be cancelled by punching

out the insignia at the time of certifying the copy.
(2) Four numeral figures shall be taken as equivalent to one
word. Words in Indian languages with short suffixes and inflections
shall be counted as a single word for the purpose of this rule.
(3) In granting copies of records, each statement, account,
report, petition, order and the like shall be treated as a separate
document and shall be written on separate stamp papers.

(4) Computer print outs of the deposition of witness can be

furnished to the prosecution free of cost and to the defence on
payment of Rs.2/- per page in the shape of Court fee, immediately
after the deposition is countersigned by the Presiding Officer.

222. Production of stamp papers.− The person producing

the stamp papers for copies shall make an endorsement on the copy
application showing the number of stamp papers produced and the
Head Ministerial Officer or such other officer, as the Court may direct,
shall initial and date the same in token of receipt.

223. Transcription of copies.− (1) Copies must be

transcribed on the side of the paper which bears the stamp and a
margin of 2.5 centimetres shall be left on the left hand side. The
pages of the copy shall be consecutively numbered and each page
must be initialled at the foot by the Copyist and the Head Ministerial
Officer and the last page signed by the Head Ministerial Officer,
 142
143

Reader and Copyist. There shall be no erasures. When a correction

has been made in the copy, the incorrect word shall be struck through
a line in ink across the word and the correct word written as an
interlineation in the copy and shall also state at the foot of each page,
the number of alterations and interlineations made therein. The pages
in the original shall be indicated in the copy also before the matter is
transcribed and, where there is no pagination, the number of the
sheet copies must be indicated.

(2) The transcribed copies shall be compared by the Head

Ministerial Officer or by such officer as the Court shall direct, or by a
Copyist, but, in no case shall a copy be read to the Head Ministerial
Officer or other officer or the examination in any way assisted in by
the Copyist who prepared the copy.

(3) In the case of a copy for which the production of non-

judicial stamp papers of a particular denomination is required, the
said stamp papers or paper supplied for the purpose shall be used for
copying and shall be written on, in the same manner as copy stamp
papers, copy stamp papers being furnished to make up any
deficiency. Adhesive Court fee label of the value of one rupee shall be
affixed to each such non-judicial stamp paper.

(4) The Court may, if found suitable, grant photocopies,

secured by mechanised process, of judgements and orders made or
depositions recorded in a proceeding, or copies of documents filed in
or in the custody of the Court, on payment of charges in the shape of
Court fees stamps @ Rs.2/- per page or part thereof per copy.
 144
143

224. Copies of maps, plans, etc.− When copies applied for

are of maps, plans, genealogical trees and tabular matters which
cannot be copied on ordinary stamp paper, they shall be prepared on
plain paper and skilled labour may be employed for that purpose, if
necessary. A reasonable fee shall, in each case, be fixed by the Court
and deposited in cash by the party concerned. Three-fourths of such
amount shall be paid to the person employed in preparing the copy
and the remaining shall be credited to the Government. A separate
register in Administrative Form No.62 shall be maintained in each
Magistrate Court for payment of plan fees to Copyist.

225. Sealing and Certificate.− All copies furnished by the

Court shall be certified to be true copies by the Head Ministerial
Officer or officer appointed for the purpose and shall be sealed with
the seal of the Court as required by section 76 of the Evidence Act,
1872 (Central Act 1 of 1872).

226. Endorsement on copies.− Every copy shall bear an

endorsement initialled by the Head Ministerial Officer or other officer
appointed for the purpose showing the following particulars, viz.,:-
(i) Application made on:
(ii) Stamp papers (or charges) called for on:
(iii) Stamp papers (or charges) deposited on:
(iv) Copy ready on:
(v) Copy delivered on:

227. Incomplete copies to be destroyed.− Incomplete

copies shall be destroyed after six months from the date on which the
application is struck off. But, the incomplete copy may be completed,
if the necessary additional stamp papers are produced and, if an
order of the Court is obtained for such completion on a petition
 145
144

presented within six months from the date on which the application
was struck off.
COPIES

228. Uncertified copies not to be granted.− No copies of,

or extracts from, the record of any proceedings of any Court
subordinate to the High Court shall be issued unless certified to be
true by the proper officer of the Court. This rule shall not apply to
copies of extracts granted to prisoner in confinement under any order
passed in such proceedings for the purpose of appeal or application
for revision.

229. Scale of search fees.− When the document applied for

belongs to a year previous to the current calendar year, a search fee,
in Court-fee stamps, according to the sub-joined scale, shall be
affixed to the application:-

(1) When the document belongs to any year Rs. P.

prior to the Calendar year, but is not more
than 10 years old -
(i) Fee payable for the first document or 10.00
entry applied for or if only one document or entry
is applied for, then for that document or entry.
(ii) Fee payable for every document or entry 5.00
other than the first included in the same
application and connected with the same subject.
(iii) When the applicant does not know 5.00
to which of two or more years a document or
entry belongs, the fee for searching the
records of every year other than the first.
 146
145

(2) When the document is more than 10 Rs.P.

years old, but does not relate to any year
prior to 1858.
(i) Fee payable for the first document or 20.00
entry applied for or if only one document or entry
is applied for, then for that document or entry.
(ii) Fee payable for every document or entry 10.00
other than the first included in the same
application and connected with the same subject.
(iii) When the applicant does not know to 10.00
which of two or more years a document or entry
belongs, the fee for searching the records of every
year other than the first.
(3) When the document belongs to a year Rs.P.
prior to 1858:-
(i) Fee payable for the document or entry 300.00
applied for or if only one document or entry is
applied for, then for that document or entry.
(ii) Fee payable for every document or entry 250.00
other than the first included in the same
application and connected with the same subject.
(iii) When the applicant does not know to 400.00
which of two or more years a document or entry
belongs, the fee for searching the records of every
year other than the first.

Note: Only one search fee at the rate applicable to the

documents need be paid for all papers filed together and forming a
single record. For instance, if a person applies for all the depositions
relating to a magisterial case, he needs to pay only one fee applicable
to the whole record in which they are filed.

230. Notice of certified copies ready for delivery.− In all

Courts, a list of certified copies ready for delivery shall be posted on
the notice board and shall remain there for one week. The list shall
state the numbers of the copy applications and the names of the
persons to whom the copies are to be delivered. The list shall be
affixed to the Court notice board immediately the Court opens on the
following day. After the expiry of one week, the list shall be taken
down and a note of such destruction made in the remarks column of
the Copy Application Register against the item concerned. The unused
 147
146

stamp papers should be sent to the local or nearest Sub-Treasury

Officer.

231. Grant of certified copies of other documents.− (1)

Certified copies of the following documents shall be given to the
accused on payment of necessary charges, before the filing of the
final report (charge sheet) by the police:−
(i) Orders made on the remand report.

(ii) Affidavit filed by the police officer for police

custody of the accused and the orders passed by the
Magistrate thereon. Until the Magistrate passes the order
for police custody, the accused is not entitled to a copy of
that affidavit.

(iii) The accused, notwithstanding the

communication of the full particulars in writing at the time
of arrest or subsequent thereto, is entitled to a copy of the
First Information Report even before the final report
(charge sheet) is forwarded to the Magistrate under sub-
section (2) of section 173 of the Code on application and
on payment of charges. The accused is not entitled to
certified copies of the inquest report, statements recorded
under section 174 of the Code, post-mortem certificate,
requisition by the police officer to the Medical Officer for
conducting post-mortem and medically treating the injured,
wound certificate, rough sketch of the scene of occurrence
and observation mahazar prepared by the investigating
officer before the final report (charge sheet) is filed.

(2) On the same principle, the statements of witnesses

recorded under section 161 of the Code and copies of wound
certificates shall not be given to the accused until the final report
(charge sheet) is filed by the police.

(3) Certified copies of photocopies of unmarked documents

shall not be given.
 147
148

CHAPTER - XXIX
INSPECTION OF RECORDS OF COURT

232. Inspection by District Collector of Records of Court

of Session.− Whenever a District Collector requires information with
regard to the sessions trial in addition to that appearing in the finding
and sentence of the Court of Session, he shall be at liberty, after
giving due information to the Sessions Judge, to depute one of his
Clerks, with an authorisation letter, to inspect the records and make
copies or extracts of such parts thereof as appear material for the
purposes which the District Collector may have in view, and the
Sessions Judge shall permit such Clerk to inspect the records and
take copies of extracts thereof. Every inspection of records under this
Chapter shall be made within the precincts of the Court of Session in
which the records are lodged and in the presence of an officer of the
Court deputed by the Sessions Judge for the purpose. No record or a
part of the record shall be removed by the inspecting officer from the
precincts of the Court.

233. Inspection by police or prosecuting officer.−

Whenever it shall appear to any police officer not below the rank of
Sub-Inspector of Police, that an inspection of the records of any
criminal trial or appeal will facilitate the detection or prevention of
crime or is desired for examination of the conduct of police officers
connected with the case and whenever the inspection of such records
may be desired by a prosecuting officer, in the exercise of his duty as
prosecuting officer, such officer or Public Prosecutor, as the case may
be, may apply to the Sessions Judge or Presiding Magistrate of the
Court in which the records are lodged for permission to inspect the
same.
 148
149

234. Procedure on application.− The application referred to

in the preceding rule shall be made in writing and shall contain a
description of the records and shall state the purpose for which the
inspection is sought. The Sessions Judge or Magistrate may, in his
discretion, grant or refuse the application. If the application is
refused, the Sessions Judge or Magistrate shall record the reasons for
such refusal and shall communicate a copy thereof to the Police
Officer concerned or to the Public Prosecutor, as the case may be. If
the application is granted, the Sessions Judge or Magistrate shall
make arrangements for permitting the inspection to be conducted in
accordance with the succeeding rule.

235. Conduct of inspection.− Every inspection of records

under these rules shall be conducted by a police officer not below the
rank of Sub-Inspector of Police, or, if the inspection is granted on the
application of a prosecuting officer, then, by the prosecuting officer
himself, and it shall take place within the precincts of the Court in
which the records are lodged and in the presence of an officer of the
Court who shall be deputed by the Sessions Judge or Magistrate for
the purpose and no record or part of a record shall be removed by
the inspecting Officer from the precincts of the Court.

236. Copies of relevant records to be supplied to the

prosecuting officer.− Copies of relevant records in any criminal
proceedings shall be supplied to the prosecuting officer on his
application.
 150
149

237. Inspection by officers of other departments.−

Subject to rules 233 to 235, the privilege of inspecting records in a
criminal proceeding is extended to,−
(1) Officers of the Salt, Customs, Narcotics, Revenue and
Enforcement, Assistant Inspectors and Inspectors of Excise so far as
such records relate to their respective departments;
(2) Officers of the Income Tax Department including the Special
Investigation Branch attached to it, not below the rank of Income Tax
Inspectors duly authorized by the Income Tax Officers, in respect of
records other than Police case diaries and reports and any confidential
portion of such records; and
(3) Officers of the Co-operative Department duly authorized by
the Registrar of Co-operative Societies or the Officers of the Co-
operative Audit Department duly authorized by the Director of Co-
operative Audit, so far as such records relate to the Co-operative
Department or Co-operative Societies, in appropriate cases, except in
cases where the offence is forgery.
Explanation: The Presiding Officer of the Court shall decide as to
which is an appropriate case.

238. Taking extracts.− An Officer inspecting records under

these rules can take only written extracts therefrom if he considers it
necessary to do so.

239. Copies to Prison Department.− The Prison Department

shall, however, be supplied with copies of judgments convicting the
accused free of cost.

240. Copies to prosecuting officer.− (1) Copies of

documents which are required by the prosecuting officer while the
 151
150

trial or appeal is pending, should be made by the clerk of the Court of

Session in-charge of the records or by someone working in his
presence and under his immediate supervision. No charge should be
made by the regular establishment of the Court. In cases where
lengthy documents have to be copied and the work is done by the
Copyist department, the cost of the copy stamp papers used for the
same should be debited to the contingent allowances of the Courts
issuing copies.

(2) Copies of relevant records in any criminal proceedings

should be supplied to the prosecuting officer concerned on his
application.

(3) Copies of calendars, judgments and other orders of Court

shall be granted to Assistant Public Prosecutors on the same
conditions as those mentioned in sub-rule (1).
 152
151

CHAPTER - XXX

PRODUCTION, RETURN AND PRESERVATION OF RECORDS

PRODUCTION OF RECORDS

241. Production of records in the custody of a Court.− (1)

An application for the production of records in the custody of a Court,
shall specify the particular document required to be produced. Unless
it is made to appear to the Court that the production of the original
documents is necessary, the party shall be required to obtain and file
copies thereof and the original shall not be sent for.

(2) When a Court finds it necessary to require the production of

the records of another Court, it shall address a letter of request to the
Presiding Judge of that Court.

(3) Where the document to be sent for by a Court either from

its own records or from those of another Court is an Account Book, or
other document not being a record [(e.g.) judgment, decree, written
statements, etc.] which has to be in the custody of a Court and
belongs to a person other than a party at whose instance it is sent
for, the Court may require the party to deposit in Court before the
letter of request is issued, such sum as it may consider necessary to
meet the estimated cost of making a copy of the document when
produced.

(4) When the letter of request is to be issued by the Court itself

acting of its own motion, it shall be open to the Court to call upon
either party to make the deposit as aforesaid.
 153
152

(5) After the document has been admitted in evidence, the

Court shall, unless it considers it necessary to retain the original,
direct the parties to specify the portion or portions thereof on which
they respectively rely, and require a copy to be made of the same at
the expense of the party requiring such portion, and shall thereafter,
with all convenient speed, return the original to the Court from which
it was received, retaining the copies as part of the record.

242. Production of records in the custody of a Public

Officer other than a Court.− (1) A summons for the production of
records in the custody of the Public Officer other than a Court shall be
in Judicial Form No.5 and shall be addressed to the Head of the
Department concerned and in the case of summons to a District
Registrar or a Sub-Registrar of Assurances, it shall be addressed to
the Registrar or Sub- Registrar in whose office, or sub-office, as the
case may be, the required records are kept. A summons for the
production of revenue papers kept in any office in a district shall be in
all cases be directed to the Collector of the District:

Provided that, where the summons is for the production of

village accounts, including field measurement books, such summons
shall be addressed to the Tahsildar or the Deputy Tahsildar in
independent charge.

(2) Every application for such summons shall be made by an

affidavit setting out,− (i) the document or documents the production
of which is required; (ii) the relevancy of the document or
documents; and (iii) in cases where the production of a certified copy
or copies can be obtained, the result of such application.
 154
153

(3) No Court shall issue such a summons unless it considers the

production of the original is necessary or is satisfied that the
application for a certified copy has been duly made and has not been
granted. The Court shall, in every case, record its reasons in writing
and shall require the applicant to deposit in Court, before the
summons is issued, to abide by the order of the Court, such sum as it
may consider necessary, to meet the estimated cost of making a copy
of the document when produced.

(4) On production of the documents in obedience to the

summons, the Court, unless it thinks it necessary to retain the
original, shall direct a copy to be made at the expense of the
applicant and shall, with all convenient speed, return the original
retaining the copy.

(5) Unless the Court requires the production of the original,

every such summons to a public officer shall state that he is at liberty
to produce, instead of the original, a copy certified in the manner
prescribed by section 76 of the Evidence Act, 1872 (Central Act 1 of
1872).

(6) Nothing contained in this rule shall prevent a Court of its

own motion from issuing a summons for the production of public
records or other documents in the custody of a Public Officer, if it
thinks it necessary for the ends of justice to do so. The Court shall, in
every case, record its reasons in writing.
243. Copies of public documents.− When a party to a
proceeding seeks to obtain a certified copy of a public document for
being filed into Court in that proceeding, he may apply to the Court
 155
154

wherein the proceeding is pending for the issue of a certificate to

enable him to obtain such copy from the appropriate authority, and
the Court shall, on being prima facie satisfied that the production of
the certified copy in the proceeding is necessary, issue to the
applicant a certificate to that effect.

244. A list of records retained by a Court to be given to

the producer.− Where records or documents produced from any
Court or Public Officer are retained by the Court requiring their
production, a receipt containing a descriptive list thereof shall be
given to the officer producing them and a duplicate of the receipt
shall be placed with the records or documents. Any apparent erasure
or alteration in any paper shall be noted in the said list.

245. Summoning document from Parliament or

Legislature.− (1) Summons for the production of a document in the
custody of the House of Parliament or of a Legislature of a State shall
be by letter of request as in Judicial Form No.4.

(2) No Court shall require production of the original document

under sub-rule (1), unless it considers that such production is
necessary in the interests of justice. Except where the Court
considers that the production of the original document is necessary,
the latter shall state that a certified copy may be produced instead of
the original.

246. Records received to be opened in the presence of

Judge or Magistrate.− When any records or official documents are
received from any Court or public office, the same shall be opened in
the presence of the Presiding Judge or Magistrate and the papers
 156
155

compared with the list accompanying them. The instructions

contained in rules 244 and 247 shall then be observed, as far as
possible.

247. Records to be kept in packet sealed and labelled.−

The public records or documents shall, so long as they remain in the
custody of Court which required their production, be kept in a sealed
packet, properly labelled and the packet shall not be opened except in
the presence of the Presiding Judge or Magistrate.

RETURN OF RECORDS

248. Return of records when no longer required.−

Whenever it shall appear that any public documents received from
any Court or Public Office are no longer required, they shall be
returned to such Court or Office with a descriptive list in a sealed
packet. If necessary, certified photocopies of the documents may be
retained in the case bundle.

249. Application to be made for return of documents.−

Application from parties or other persons for the return of documents
filed in Courts shall be made to the Court in which they were
originally filed. If application is made for document which has been
transmitted to another Court, the Court in which the document was
originally filed shall itself apply for the transmission of the document
and on receipt, shall return it to the applicant:
Provided that no document shall be returned unless the Judge
or Magistrate is satisfied that it will not be required for reference in
proceedings pending either before his own Court or the Court of
Appeal or Revision.
 156
157

PRESERVATION OF RECORDS

250. Custody of records.− A Sessions Judge should not

permit the original records of criminal trials in his Court to leave his
custody except in accordance with the express provisions of law, save
as provided in rules 233 to 238. Any person not legally competent to
demand production of the originals, whether an official in the
Government service or a private individual, should, if he wishes to
examine the record, be required to apply for and obtain certified
copies in accordance with the rules made in that behalf.
 158
157

CHAPTER - XXXI
SUBMISSION OF RECORDS AND
MATERIAL OBJECTS TO THE HIGH COURT

251. Submission of records and material objects.− The

Court shall see that the records called for by the High Court are
submitted promptly. Any delay shall be explained in the letter
advising despatch of the records. The following cases shall be treated
as urgent:−
(i) Reference under section 366 of the Code;
(ii) Appeal against acquittal in which the accused
are re-arrested and are in custody;
(iii) Criminal Revision cases in which notice of
enhancement of sentence has been issued and the
accused are in prison on short sentences;
(iv) Criminal Appeals and Revision Cases in which
bail is refused and accused are in prison on short
sentences; and
(v) Criminal Appeals and Revision Cases where
stay of proceedings in any criminal case is ordered
pending their disposal.

252. Records to be submitted to the High Court.− (1) The

following records shall be submitted to the High Court in all cases of
appeals or revisions against the judgment of a Sessions Court, other
than judgment on appeal to the Court of Session:-
(i) The entire Sessions record; and
(ii) The entire magisterial record.

(2) In cases of appeals not already provided for and in cases of

revision -
(i) The material part of case record including an
extract from the diary;

(ii) The material part of the appellate case record,

if any.
 159
158

(3) The words “entire Sessions record” include the charge, plea
of the accused, the evidence (oral and documentary), the statement
of the accused under section 313 of the Code and the judgment.

(4) The words "entire Magisterial record" include an extract

from the diary, Register of Preliminary Enquiry, Police occurrence
Reports, mahazars and Village Administrative Officer's reports, and
Proceedings (if any) before any Magistrate other than the Committing
Magistrate who may have dealt with the case, but do not include so
much of the Magisterial Record as may have been incorporated in the
record of the Court of Session.

(5) The covering letter for all records shall be sent separately
from them by post. Any delay in submitting the records shall be
explained in the covering letter advising despatch of records. It shall
state when and how and in how many separate files, the records are
despatched.

(6) In every case sent up to the High Court,−

(i) the records in English and in the regional

language, - the English part of Sessions record, if any,
including translations,
(ii) the part of the Sessions record in the regional
language, if any;
(iii) the English part of the Magisterial record
including translation; and
(iv) the part of the Magisterial record in the regional
language

shall be bound and indexed separately. The indexing in respect of

records specified in clauses (i) and (ii) of sub-rule (6), shall be made
in Judicial Form Nos.63 and 65, respectively.
 160
159

(7) Eight spare copies of judgment in cases referred under

section 366 of the Code and six copies in other Sessions trials
should be sent with the record. They should not be paged and
entered in the index, but should be kept separate from the
record.

(8) The docket on the fly-leaf of all records and the covering
letter should specify the number of the case on the lower Court’s file
and the number of the appeal or revision case or petition on High
Court’s file.
Note: The fly-leaf shall be of sufficient thickness and of foolscap size.

(9) The calendar, translations, copies, notes of evidence, etc.,

shall, wherever possible, be written on foolscap paper of sufficient
substance.

(10) (i) Every record shall, before despatch to the High

Court, be examined and certified as complete in accordance with the
foregoing rules by the Head Ministerial Officer of the Court forwarding
it.

(ii) Where copies of depositions, verified as to accuracy or

not, are made out for the use of the Judge or for any other purpose
and are available, they shall be submitted to the High Court with the
records to facilitate printing or typing of the evidence, if necessary.
Indication shall, however, be given in the covering letter or in some
prominent place in the copies themselves to show whether the copies
are accurate or whether they require to be compared with original.
 161
160

(11) When an accused files a written statement at the time of

his examination under section 313 of the Code, it shall be stitched
along with the statement and kept in the bundle.

(12) While sending the records to the High Court for reference
in appeals, the statement under section 313 of the Code and the
written statement shall also be submitted.

(13) While submitting records to the High Court, the Presiding

Officers shall pay more attention to submit all important material
records such as First Information Report, charge sheet, statement of
accused, charges framed by Courts, deposition of prosecution side
and connected exhibits, deposition of defence side and exhibits,
judgments of the trial Court and any other relevant records.

(14) Whenever the case records for appeals/revisions are

submitted to the High Court by the Sessions Judges or the Chief
Judicial Magistrates, the consolidated period of detention undergone
by the accused in such cases before them as also before the
Magistrates, both as under-trial prisoner and as convict, shall be
furnished as a separate annexure to the judgment in the Sessions
Cases or appeals.

(15) The Registry of High Court shall call for records from the
subordinate Courts in Judicial Form No.76 in case of Criminal Appeals
and in Judicial Form No.77 in case of Criminal Revision Cases. While
sending the original case records, the Courts shall also send all the
documents like charges, deposition of witnesses, statement under
section 313 of the Code and judgment, if available, as soft copy by
email to the High Court. The Courts may send photocopy of the
 162
161

material records duly certified in all pages by an official not below the
rank of Head Clerk of the Court concerned to be true photocopy. In a
case where the original record has been specifically called for, the
Court concerned shall send the same along with a photocopy of it
duly certified by an official not below the rank of Head Clerk. The
original record shall be returned after perusal by the Judge
concerned, retaining the certified photocopy of it.

253. Index, how to be filled up.− In filling up the indices

accompanying records of criminal cases, care shall be taken to give
the names of the witnesses in full and indicate within brackets, after
the names, their official designation, if any.

254. Material objects.− (1) When a reference is made to or

notice of an appeal or revision is received from the High Court, the
Judge shall determine whether any or which of the material objects
marked as exhibits in the case shall be sent to the High Court, and in
exercising his discretion, he shall consider whether the object can be
conveniently submitted and whether an inspection thereof will assist
the High Court.

(2) Courts of Session shall enclose with the records in

Sessions Cases submitted to the High Court, a list of material objects
in Judicial Form No.64.

255. Note to be made if any material object is retained.−

In every case in which any material object is retained, the order of
the Judge directing such retention shall form part of the record
submitted to the High Court.
 162
163

256. Return of received articles.− Articles received from the

lower Courts shall be returned along with the records within 90 days
from the date of disposal of the case:
Provided that such of the articles as may be required for the
Police Training School Museum shall be returned to the District
Superintendent of Police of the district concerned at his request after
the appeal time has expired.
 163

164

CHAPTER - XXXII

DISPOSAL OF PROPERTY

257. Return of properties pending enquiry.− (1) Subject to

the procedure laid down in special statutes, the Court may give
custody of jewels, vehicles, cash and other articles under section 451
of the Code, to competent claimants without imposing onerous
conditions. It is not necessary in all cases to impose a condition that
the property shall be preserved and produced as and when required.
A panchanama in Judicial Form No.82 may be prepared by the Court
and such panchanama can be used in evidence. Photographs may
also be taken and certified under section 65-B of the Evidence Act,
1872 (Central Act 1 of 1872) and such photographs may be used as
secondary evidence.

(2) In respect of vehicles, if they are not claimed by the

accused, owner or by a third party, the Insurance Company shall be
informed by the Court to take possession of the vehicles. Despite
such information, if the Insurance Company does not take possession
of the vehicles, the vehicles shall be ordered to be auctioned as per
rule 261 within a period of six months from the date of production of
the said vehicles before the Court. Before handing over possession of
such vehicles, photographs of the same shall be taken and certified
under section 65-B of the said Central Act 1 of 1872 and a detailed
panchanama in the said Judicial Form No.82 also be prepared.
 165
164

(3) Seized idols shall be photographed and after drawing the

panchanama in the said Judicial Form No.82, the same shall be
handed over to the nearest Government museum and the said fact
shall be intimated directly to the Secretary to Government, Tourism,
Culture and Religious Endowment Department, Fort St. George,
Chennai – 600 009 or Secretary to Government, Revenue/Hindu
Religious Institutions, Art and Culture Department, Puducherry, as the
case may be, with a copy of the said communication to the High Court
for information.

(4) Seized animals shall be kept in the nearest animal shelter

until appropriate orders are passed with regard to their interim
custody. The cost of maintenance of the seized animals shall be borne
by the person claiming custody of the same.

(5) The material objects produced by the police which are

subject to decay, shall be destroyed after taking photos and certifying
the same under section 65-B of the said Central Act 1 of 1872. A
detailed panchanama in this regard shall also be prepared.

258. Disposal of counterfeit coins and forged currency

notes.− (1) When counterfeit coins have to be disposed of by a Court
under sections 452, 457 or 458 of the Code, they shall be forwarded
together with any dyes, moulds, etc., which may have been produced
in the case, to the nearest treasury or sub-treasury with a request
that they may be remitted to the mint for examination. A concise and
accurate report shall also be sent containing a description of the case
and the sentence imposed.
 166
165

(2) In the case of forgery of currency notes, the disposal of

implements, such as moulds, dyes, etc., produced in, and confiscated
by a Court of law, is a matter for the decision of the Court which tries
the case; and when they are ordered by the Court to be delivered to
the police for destruction, the police shall themselves arrange for
their destruction and not send them to the currency offices or mints
for destruction, provided that, if the police consider any particular
implements are of special interest and should be preserved, they shall
make them over to the Criminal Investigation Department for this
purpose.

(3) All forged currency notes brought before the Court shall be
handed over to the police for being forwarded to the Issue
Department of the Reserve Bank of India, with a brief report of the
case.

259. Implements, e.g., moulds, dyes, etc., to be

destroyed by the police.− In all appealable cases, the disposal of
counterfeit coins, forged currency notes and implements such as
moulds and dyes, in accordance with the previous rule, shall be
deferred till the period of time allowed for preferring an appeal
expires and in the event of appeal, until it is disposed of.
 166

167

260. Disposal of excisable goods in Court custody.− In the

case of excisable goods held in the custody of Court, notice of the
date of auction or other method of disposal shall be issued to the
Excise authority concerned requiring such authority to arrange for the
collection of the duty leviable, if any, on the goods and for issue of a
transport permit where necessary. The Excise authority may also be
required to satisfy itself that the purchaser in auction or otherwise is
licensed to deal in such goods.

261. Disposal of properties liable for confiscation.− The

Sessions Judge shall hand over all the properties, other than the
properties mentioned in the foregoing rules, that are liable for
confiscation, lying in the Courts within the Sessions Division, to the
Collector of the District, who shall accept and dispose the same in
accordance with the rules framed by the Government, from time to
time. Before handing over a confiscated property, the Sessions Judge
shall ensure that there is no appeal or revision pending in respect of
the case.

262. Destruction of properties.− Subject to the above rules,

a Court shall hand over all other properties that are liable for
destruction, to the investigating agency of the case for destruction
and filing of report. Before handing over a property liable for
destruction, the Court shall ensure that there is no appeal or revision
pending in respect of the case.
 167
168

263. When material objects are to be disposed.− (1) The

material objects exhibited at the trial of criminal cases should be
retained by the Court until the Court is satisfied that the appeal time
has expired and that no appeal has been presented or that any
appeal presented has been disposed of. But, when a case is disposed
of by the High Court, the material object shall ordinarily be disposed
of by the lower Court after the expiry of 90 days from the date of
judgment of the High Court, unless in the meantime, the parties
interested have, on a proper application, obtained a direction from
the High Court for preservation of such objects, pending disposal of
an application for leave to appeal to the Supreme Court under sub-
clause (c) of clause (1) of Article 134 of the Constitution of India, or a
Special Leave Petition; or intimation of appeal preferred to the
Supreme Court of India under sub-clauses (a) and (b) of clause (1) of
Article 134 of the Constitution is received. After that, they may be
destroyed or otherwise disposed of according to these Rules:
Provided that in a Sessions Case where the material object
confiscated is a weapon, other than a fire arm or ammunition, and is
in the opinion of the Sessions Judge of a most unusual character or of
special interest in the light of the facts of the case, it shall be
ascertained by reference to the Professor of Medical Jurisprudence of
the Medical College, Chennai and the Principal of the Police Training
School concerned, whether it is required for the Medico Legal
Museum of the College or for the Police Museum in the School. The
weapon shall be destroyed only if it is not so required. If it is so
required, it shall be sent either to the Professor of Medical
Jurisprudence or the Principal, Police Training School. The former
shall, however, have priority over the latter in respect of weapons for
which there is a demand from both of them:
 169
168

Provided further that such of the material objects as may

be required for the Police Training School Museum shall be
returned to the Superintendent of Police of the district concerned
at their request after the appeal time has expired.

(2) The Court of Session, before destroying the material

objects, shall ensure that no appeal or petition against the Sessions
Case has been filed and pending,−
(i) by addressing the High Court and ascertaining
whether any appeal or petition had been preferred and
getting a reply from the High Court that no appeal or
petition had been preferred or presented or an appeal
or petition, if preferred or presented, is pending and
also waiting for another three months from the date of
communication;
(ii) by addressing the police station concerned and
ascertaining in writing from the police that no appeal or
petition is preferred and presented or pending;
(iii) by addressing the accused through the
Superintendent of Prison concerned whether he had
preferred or intends to prefer an appeal or petition and
getting a reply from the accused concerned.

(3) Whenever it is decided by the Court that fire arms

and ammunition such as bullets, bombs and other explosive
materials involved in the cases are to be destroyed, instead of
directing their destruction, the same shall be handed over to the
Commissioner of Police or Superintendent of Police of the
District, as the case may be, under due acknowledgment.
 170
169

CHAPTER - XXXIII

DESTRUCTION OF CASE RECORDS

264. Destruction of case records.− (1) An index in

Administrative Form No.46, shall be put up with the record of every
case of its first institution and each paper as it is filed with the
records shall be entered in such index.
(2) Every record shall, after its completion and immediately
before it is deposited in the record room, be divided into parts as
shown in the table given in Part B in the said Administrative Form
No.46 and to facilitate this division, each paper, shall, so soon as it is
filed with the record, be numbered and marked off in the index as
appertaining to one or another of such parts.
(3) Other documents which have been produced by parties,
but, have either not been tendered in evidence, or, having been
tendered in evidence, have been rejected, shall be kept apart from
the record of the case or other proceeding to which they belong and
shall, if not reclaimed by the party who produced them, be retained
in the Court in which they were produced for a period of one year
from the date of the final order of the Court in the case or proceeding
in which the documents were produced and shall, at the expiration of
that period, be destroyed in the manner prescribed by sub-rule (9) of
this rule:
Provided that notice of destruction shall be given in the manner
prescribed by sub-rule (11) of this rule, in the months of January to
July succeeding the date of expiry of the period of one year referred
to in this rule and also by affixing to the notice-board of the Court (at
the time of publication in the Gazette) a copy of the notice published
in the District Gazette. Sub-rule (12) of this rule shall not apply to
such documents.
 170
171

(4) No application is necessary for the return of the

documents produced, which have either not been tendered in
evidence, or, if tendered, have been rejected. It is sufficient if a
receipt for their return is taken in the list with which they have been
put up.
(5) The part of the records described in the table given in Part C
of the said Administrative Form No.46 shall be retained for the period
respectively specified against them from the date of their completion,
provided that, in any case, the Presiding Judge or Magistrate may, for
reasons to be recorded in writing, direct that any of the papers in any
one part be transferred to any other part for which a longer period of
retention is prescribed; in which case the fact shall be noted in the
index and the papers dealt with as if they had belonged from the
commencement to the part to which they were so transferred.

Note: Except as otherwise specially provided, the records mentioned

in this sub-rule shall be taken to have reached their completion on
the date of the final order of the Court of first instance, or in the
event of an appeal or revision, from the date of the final order of the
superior Court.

(6) The Court registers, books and papers described in the table
given in Part D of the said Administrative Form No.46 shall be
retained for the period respectively specified against them reckoning
from their respective dates or from the dates at which they close:
Provided that the Sessions Judge or Chief Metropolitan
Magistrate/Chief Judicial Magistrate, may, in his discretion, direct the
retention, for a longer period or permanently, of papers which he
may consider likely to be useful in the future, as containing the
results of enquiries or other information, or the opinions of
experienced officers in matters connected with the general
 172
171

administration of justice, and provided also that no Court subordinate

to the Chief Metropolitan Magistrate or Chief Judicial Magistrate shall
cause any papers to be destroyed under the next succeeding sub-rule
without having first obtained from such Chief Metropolitan Magistrate
or Chief Judicial Magistrate of the district, as the case may be,
permission in writing to do so.
(7) When any document of which the destruction is ordered
by these rules, is, before it has been destroyed, made evidence in any
other case or proceeding, the rule regulating its destruction shall be
the rule applicable to evidence filed in such case or proceeding where
the period prescribed by such last mentioned rule is in excess of the
period prescribed by the rule which originally governed its
destruction.
(8) All records, books and papers described in the tables given
in Parts C and D of Administrative Form No.46 shall be destroyed
without fail at the expiration of the period respectively indicated
against them:
Provided that the document produced in the Court by the
Government officials shall not be destroyed, but shall, if not
previously returned, be transmitted to the responsible officers on the
expiry of the period prescribed for their retention.
(9) All records, books and papers to be destroyed under sub-
rule (8) shall be disposed of according to the instructions issued in
that behalf.
(10) Whenever records, books or papers are destroyed under
sub-rule (8), a complete list of the records, books or papers so
destroyed shall be prepared and the date of destruction shall be
entered at the head thereof. It shall be the duty of the Record
Keeper (or his Assistant, if there is one) to certify the correctness of
these lists. Whenever Sessions Case judgements in which the
 173
172

sentence passed is one of imprisonment for life are destroyed, the

Record Keeper or his Assistant, as the case may be, shall also certify
that the judgment is destroyed either because a report of the
convict's death has been received or because the convict has been
released.
(11) To enable parties, who have filed documents in Court, to
withdraw the same before the period appointed for Gazette in January
of each year stating that all documents filed in the cases (to be
therein enumerated) will unless previously reclaimed, be destroyed at
the expiration of the period indicated in the notice in Judicial Form
No.58; and the following note shall also be entered at the foot of
every copy of a judgment or order granted to any of the parties to
the case or proceeding in which judgment or order was made or to
the advocates, or authorised agents of such parties:−

"The parties shall apply, as soon as possible, for the

return of all exhibits which they may wish to preserve, as
the record will be liable to be destroyed after three years
from this date."

(12) The above rules do not apply to non-magisterial records of

Revenue Officers, such as Gazette files, etc., but apply only to the
judicial records of these officers.
(13) In order to facilitate the work of destruction of records,
there shall be maintained in the record room of each Court, a register
in Administrative Form No.31 (Criminal Register No.31).
(14) Documents which are required for the Police Training
School Museum shall be sent to the District Superintendents of Police
of the district concerned at their request after the appeal time has
expired.
 173
174

CHAPTER - XXXIV
SUPERVISION OF SUBORDINATE CRIMINAL COURTS
and
ANNUAL INSPECTION

265. Supervision by Sessions Judges and Chief Judicial

Magistrates.− (1) The Code declares that every Chief Judicial
Magistrate and Chief Metropolitan Magistrate and every Additional
Chief Metropolitan Magistrate shall be subordinate to the Sessions
Judge and every other Judicial Magistrate, subject to the general
control of the Sessions Judge, be subordinate to the Chief Judicial
Magistrate and every Metropolitan Magistrate shall, subject to the
general control of the Sessions Judge, be subordinate to the Chief
Metropolitan Magistrate and that the Chief Metropolitan Magistrate is
responsible for the supervision of the judicial work and administrative
work of all Metropolitan Magistrates and the Chief Judicial Magistrate
must supervise the administrative and judicial work of all the
Magistrates within the District.

(2) The Chief Judicial Magistrate/Chief Metropolitan Magistrate

shall not requisition the services of their Sherishtadar either for
surprise inspection or annual inspection.

266. Points to be noticed in exercising supervision.−

Some of the points to which the attention of the Sessions Judges,
Chief Metropolitan Magistrate and Chief Judicial Magistrates is
particularly directed in the exercise of their power of supervision are
noted below:-
(1) Rash issue of process to the accused; judicious
and discriminating use of the provisions of sections 203 and
245 of the Code.
 175
174

(2) Dealing with disputed claims of civil right under

colour of criminal charge.

(3) Indiscreet imposition of fines beyond the means

of offenders.

(4) The imposition of heavy fines in addition to

imprisonment with a view, in default of payment, to
extending the term of imprisonment beyond the powers of
the Magistrate to inflict.

(5) Indiscriminate extensions of the grant of time

for the payment of the fine without regard to principles laid
down in section 424 of the Code.

(6) Excessive sentence of imprisonment out of all

reasonable proportion to the offence of which the accused
has been convicted.

(7) Failure to make a discriminating and judicious

use of the provisions of section 360 of the Code, the
Juvenile Justice (Care and Protection of Children) Act,
2015, (Central Act 2 of 2016), the Tamil Nadu Borstal
Schools Act, 1925 (Tamil Nadu Act 5 of 1926) and the
Probation of Offenders Act, 1958 (Central Act 20 of 1958).

(8) Light punishment for offences requiring severe

sentences with special reference to cases which should have
been submitted by the Subordinate Magistrates to the
Superior Courts for higher punishment.

(9) Exaction of excessive bail or excessive security

for keeping peace, or for good behaviour.

(10) Avoidable delay at any stage of the trial of the

cases.

(11) Needless adverse remarks in judgments against

public servants.

(12) If a sentence of imprisonment for a term of less

than three months is awarded for the types of offences
mentioned in sub-section (4) of section 354 of the Code,
the reasons recorded by the Magistrates should be noticed.
 176
175

267. Security from Ministerial servants and testing of the

same as to its sufficiency.− (1) The incumbents of the posts of
Head Ministerial Officers in the Court should furnish security for a sum
of Rs.1,000/- as cash deposit in any nationalised bank and execute an
indemnity bond in favour of the Principal Judge in the City of Chennai
or the Principal District Judge or District Judge in the Districts, as the
case may be. The Magistrates concerned shall, however, continue to
be responsible for the custody of cash and valuables.

(2) The Principal Judge in the City of Chennai or the Principal

District Judge or District Judge in the Districts, as the case may be,
should strictly insist on the security prescribed in sub-rule (1), being
furnished by the incumbents concerned within a reasonable time after
their appointment to the post. On failure to furnish the security, the
Head Ministerial Officer shall be liable for departmental action.

(3) The rules contained in Chapter XII of the Tamil Nadu

Financial Code, Volume I, shall mutatis mutandis apply to the security
bond furnished under this rule, provided that the form of the security
bond shall be executed in Form No.19 of the Tamil Nadu Financial
Code with such variations as the circumstances of the case require.
For the Union Territory of Puducherry, the extant Rules shall mutatis
mutandis apply to the security bond furnished under this rule.

(4) The security bonds and the fidelity bonds furnished under
these rules shall be kept in the personal custody of the Chief
Administrative Officer in the Court of the Principal Judge in the City of
Chennai or Principal District Judge or District Judge in the Districts, as
the case may be. The Principal Judge, Chennai or the Principal
District Judge or District Judge in the Districts, as the case may be,
 177
176

shall, from time to time, renew the cash security furnished by way of
fixed deposit till the need ceases. Such security taken could be
retained for a period of at least six months from the date of
promotion of the person concerned or he vacating the post in that
category. Only in the absence of approved breach, the security
amount shall be refunded. The Principal Judge, Chennai or the
Principal District Judge or District Judge in the Districts, as the case
may be, shall report to the High Court, in their annual reports, that
such securities have been duly examined and are found to be
satisfactory.

(5) During their annual inspection of the Courts, the Principal

Judge, Chennai or the Principal District Judge or District Judge in the
Districts, as the case may be, should see whether these rules have
been followed and record their observations in their inspection notes.

268. Inspection of Courts by Chief Judicial Magistrate

and Chief Metropolitan Magistrate.− (1) The Chief Judicial
Magistrate shall inspect every year or of more often if need be, all the
Courts of Judicial Magistrates in his district.

(2) The Chief Metropolitan Magistrate shall inspect every year

or of oftener if need be, all the Metropolitan Magistrate Courts in
Chennai.

(3) Reports of the inspection should be submitted to the High

Court by the Chief Judicial Magistrate/the Chief Metropolitan
Magistrate, in Administrative Form No.52, as early as possible.
 177
178

269. Inspection of Courts of Executive Magistrates on

judicial duty.− The Courts of Executive Magistrates on judicial duty
in the districts shall be inspected by the Judicial Magistrates. They
shall inspect the registers relating to property, fines and cash in such
Courts within their jurisdiction once a quarter.
Note.− (1) The inspection referred to above shall be conducted in
the second fortnight of the month following each quarter.

(2) The reports of inspection shall be submitted to the Chief

Judicial Magistrate concerned;

270. Calendar Statement and Judgment to be

submitted.− (1) All Metropolitan Magistrates/Judicial Magistrates
shall submit a calendar statement along with a copy of the judgment
in every case if the offences/any one of the offences are/is punishable
with imprisonment for two years and above to the Chief Metropolitan
Magistrate/Chief Judicial Magistrate within three days from the date of
judgment. The calendar statement shall contain the following
particulars:−
1. Calendar Case No.
2. Nature of offence (with section of law)
3. Name of the Accused
4. Caste
5. Age
6. Date of offence
7. Date of filing
8. Date of apprehension
9. Commencement of trial
10. Close of trial
11. Date of judgment
12. Verdict and sentence
13. Explanation of delay
14. Remarks
 178
179

(2) On receipt of such calendar and judgment, if the Chief

Metropolitan Magistrate or Chief Judicial Magistrate, as the case may
be, finds errors or mistakes, if any, in the judgments, he shall enter
the same in Administrative Form No.22 (Criminal Register No.22) and
he may call for remarks from the Magistrate concerned and the reply
of the Magistrate to the remarks shall be entered in Administrative
Form No. 23 (Criminal Register No.23).

(3) If, in the opinion of the Chief Metropolitan Magistrate or

Chief Judicial Magistrate, as the case may be, the error or mistake
falls within the ambit of section 395 or 397 of the Code, the Chief
Metropolitan Magistrate or Chief Judicial Magistrate, as the case may
be, shall submit a report along with the calendar and judgment to
the Sessions Court or High Court forthwith.

(4) In the absence of any urgency, no reference shall be made

from the proceedings of a Magistrate in cases where an appeal is
provided by law until the time allowed for appeal has expired. Where
an appellate order or judgment is in existence, the reference shall be
on that order and not on the order of the Court of first instance.
 179
180

CHAPTER - XXXV

FEES FOR SERVICE OF PROCESS,

BATTA TO COMPLAINANTS, WITNESSES AND ACQUITTED
PERSONS AND CHARGES FOR CONVEYANCE OF PRISONERS

271. Process Fees.− All processes issued by Courts in the

State of Tamil Nadu and the Union Territory of Puducherry shall be
charged to Court fees according to the rules framed under section 80
of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 (Tamil
Nadu Act XIV of 1955) and the Puducherry Court Fees and Suits
Valuation Act, 1972 (Puducherry Act 6 of 1973), respectively.

BATTA

272. Cases in which the Government will pay batta.−

Subject to the rules hereinafter contained, the allowances to
complainants and witnesses (whether for the prosecution or for the
defence) shall be paid by the Court out of the funds provided by the
State Government in the following classes of cases, viz.: −
1. Cases shown in the First Schedule of the Code and
other enactments as non-bailable;

2. Cases in which prosecution is instituted or carried

on under the orders or with the sanction of the Government
or of any public servant acting as such;

3. Cases in which the witness has been compelled to

attend by a process issued under section 311 of the Code;

4. Cases in which the Court certifies that the

attendance of such witness was in furtherance of the
interests of public justice.
 181
180

273. Batta by private complainants and by accused.− In

cases other than those coming under the preceding rule, the
complainant or the accused, as the case may be, shall deposit in
Court, the allowances for the witnesses cited by him. The particulars
of such deposits shall be maintained in Administrative Form No.26
(Criminal Register No.26). The party citing the witness shall, subject
to the approval of the Court, fix the class in which the witness is to be
placed with due regard to his station in life.

274. Person taking part in identification parade

conducted by a Magistrate entitled to subsistence expenses.−
If a person taking part in an identification parade held by a Magistrate
appears before him in response to a summons issued by him or at his
direction or order, he shall be paid allowances at the rates specified in
these rules:
Provided that a Magistrate may, for reason to be recorded in
writing, disallow such allowances.

275. Advance payment.− The Court may make reasonable

advance payment of allowances to witnesses summoned to give
evidence or produce documents.

276. Classification of witnesses.− (1) For the purpose of

these rules, witnesses shall be divided into two classes, official and
non-official.

(2) Official witnesses, i.e. public servants to whom service rules

are applicable, summoned to give evidence in their official capacity,
shall be entitled to travelling allowance at the rates prescribed by the
relevant rules applicable to them for their journey to and from the
 182
181

Court and for the day spent by them in attendance at the Court to
give evidence in cases coming under rules 272 and 273. The Court,
however, shall not make any payment to an official witness in such
cases, but, shall grant him a certificate that he appeared for giving
evidence in his official capacity in Judicial Form No.59. Such
certificate shall also state the date on which the witness appeared and
the duration of the period for which he was detained, so as to enable
him to draw travelling allowance and the batta under the relevant
rules. The acknowledgments for giving such certificates shall be
obtained in Administrative Form No.27 (Criminal Register No.27).

(3) In cases in which a public servant has to give evidence

before a Court which is situated not more than 8 kilometres from his
place of official work, the Court may, if it considers necessary, pay
him the actual travelling expenses incurred.

(4) When a public servant appears in his official capacity as a

witness in a case which does not fall under rules 272 or 273, but, falls
under sub-section (3) of section 243 or sub-section (3) of section 254
of the Code, the party at whose instance he is summoned, shall
prepay into the Court, the travelling and halting allowance admissible
to him under the relevant rules applicable to him. The amount so
pre-paid shall be credited to the Government account but the Court
shall give the witness a certificate containing the particulars, specified
in sub-rule (2) so as to enable him to draw the travelling and halting
allowance admissible under the relevant rules.

(5) When a public servant appears to give evidence in any case

as a private person, travelling allowance and batta may be paid to
him in the ordinary manner, but, the Court shall send an advice of all
 182
183

such payments made to him to the head of the office in which he is

employed. In this advice, the amount paid as batta and the period
during which the attendance of the witness in Court was necessary,
shall be stated.

(6) When an Armed Force / Para Military Force personnel

appears in any case coming under rule 272 or 273 to give evidence in
his official capacity, he shall be paid the travelling allowance and batta
admissible under the regulations applicable to him and shall also be
furnished with a certificate showing in detail, the amount paid.

(7) When Engineers, Medical and Health Officers whose services

are lent by the Government to the local bodies, attend the Court to
give evidence in their official capacity and not either in their private
capacity or in prosecution instituted by the local body, they shall be
paid travelling allowance and batta from the State funds at the same
rates as would be admissible to Government servants of similar
grades under the Rules applicable to them.

(8) Medical subordinates in the employment of local bodies

including Government servants lent to, and paid by, the local bodies
and Municipalities, when attending the Court to give evidence in their
official capacity, shall be paid the same rate of allowance as would be
admissible to the Government servants of similar grades under the
relevant rules applicable to them.
Explanation.− For the purpose of this sub-rule, the expression
“medical subordinates” include compounders, midwives, nurses, etc.
 184
183

(9) Honorary Medical Officers, when attending the Court to give

evidence in their official capacity, shall be paid allowances at the rates
admissible to the Government servants of similar grades under the
relevant rules applicable to them.

277. Non-official witness.− Travelling allowance and batta

payable to non-official witness shall be determined by the Court with
due regard to the station in life of the witness and paid.

278. Rates of payment.− Rates of travelling allowance and

daily allowance payable to witnesses may be on the rates fixed by the
Government under the Travelling Allowance Rules as nearly as
possible.

279. Expert witnesses.− (1) Fees for the services and

expenses of expert witnesses from the Finger Print Bureau shall be
credited to the State Government, except the travelling allowance
which shall be paid to the experts.

(2) The teachers of the deaf and dumb schools shall be treated
as expert witnesses in the matters of interpreting the deaf and dumb
in Court. They shall be paid the same rates of fees as are payable to
other experts.

(3) Expert or scientific witnesses shall be paid such fee of not

less than Rs.500/- and the maximum amount payable shall be
determined by the Presiding Officer on the facts and circumstances of
the case. These witnesses shall also be entitled to the allowances
prescribed for the ordinary witnesses of their class.
 185
184

280. Rail or other public transport service rate alone to

be allowed.− Wherever it is practicable for witnesses to travel by rail
within the State or by other public transport service within the State,
they shall be allowed not more than the rate prescribed for those
modes of conveyances. Where the witnesses are to travel from
outside the State, they shall be paid the actuals spent for travel by
any mode.

281. Daily allowance.− Daily allowance may be paid for the

days spent for travelling to the Court and for the return journey. The
daily allowance will cease as soon after the conclusion of the enquiry
or trial, as the means of quitting the place becomes available.

282. Disallowance of expenses of witnesses.− It shall be

competent for the Court, before which a complainant or witness
(whether for the prosecution or defence) appears, to disallow
payment of any expenses by the State, if for any cause to be
recorded, the Court thinks fit to do so.

283. Travelling allowance to be paid by Government on

production of certificate of attendance in Court.− (1) In a
criminal case to which the State is a party, a Government servant
giving evidence regarding the facts of which he has official knowledge
shall, on production of a certificate of attendance issued by the
summoning Court, be paid travelling allowance by the Government
under whom he is serving.

(2) In a criminal case to which the State is not a party, a

Government servant giving evidence regarding facts of which he has
 186
185

official knowledge shall, on production of a certificate duly signed by

the Controlling Officer showing the rates of travelling and daily
allowances admissible to him for a journey on tour, be paid by the
summoning Court, the travelling and daily allowances admissible to
him according to the rates shown in the certificate.

284. Scrutiny of bills.− All bills for travelling allowance and

batta to complainants and witnesses attending the Court of Magistrate
shall, after payments have been made by such Courts, be scrutinised
by the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as
the case may be, within whose jurisdiction such Courts are situated,
before the charges included in them are finally passed to the
Accounts Department for adjustment.

285. No travelling allowance when complaint is

dismissed under section 250 of the Code.− In a case where a
Magistrate decides to proceed under section 250 of the Code, no
travelling allowance or batta shall be paid to the complainant.

286. Carriage expenses.− The Court may, in the case of

witnesses who, by reason of sickness, old age or other physical
disability, are unable to travel by public conveyance, pay the expense
actually incurred by them on private conveyance.

287. Batta to acquitted prisoners.− For the purpose of

enabling an acquitted prisoner to return to his place of residence, the
Court may pay batta and travelling expenses at the rates prescribed
for witnesses to the person,−
 187
186

(i) who is acquitted or discharged and released from custody or

who having been arrested under section 390 of the Code and is
subsequently released; and
(ii) who is released under section 360 of the Code or under the
Probation of Offenders Act, 1958 (Central Act 20 of 1958):

Provided that no batta and travelling allowance shall be paid to

any person who resides within five kilometres from the place at which
he is released from custody or who is possessed of sufficient means
to make his return journey.
 187
188

CHAPTER - XXXVI

MISCELLANEOUS

288. Dress Code of Advocate Clerks.− The Clerks of the

advocates in all Courts shall wear black coat and display their identity
cards whenever they enter into the Court hall and to the Registry.

289. Receipt of documents.− Any document like statement

under section 161 of the Code, etc. forwarded by the investigating
agency shall bear the seal of the Court and the date of its receipt.

290. Furnishing copies to the accused.− It is not necessary

for the Court to insist upon the presence of all the accused for the
purpose of furnishing copies under sections 207 and 208 of the Code.
The Court may furnish such copies to the available accused under due
acknowledgement.

291. Questioning of the accused.− After furnishing copies of

relied upon documents under section 207 of the Code, the accused
shall be questioned after a day's interval so that the accused may
contact his advocate or friends for proper arrangement of his defence.

292. Trial of Prevention of Corruption Act cases.− The

Presiding Officers of the Courts constituted under the Prevention of
Corruption Act, 1988 (Central Act 49 of 1988) shall allot at least
minimum three continuous days to a particular case and issue
summons to the witnesses on those three days, so that independent
witnesses can be examined simultaneously and the trial in a particular
case could be completed early.
 188

189

293. Documents filed under sub-section (2) of section

294 of the Code.− Where any document is filed before any Court by
the prosecution or defence, the particulars of every such document
shall be listed as per sub-section (2) of section 294 of the Code in
Judicial Form No.78, as prescribed by the State Government. This
shall apply to the Courts in the Union Territory of Puducherry also.

294. Questioning under section 313 of the Code.− The

Judge/Magistrate shall frame the questions under section 313 of the
Code with care and precision. The way of questioning the accused is
to put to him, one by one, all the vital points in the evidence against
him in simple, short and easily intelligible sentences and to ask him if
he wishes to say anything in regard to them, by way of explanation.

295. Compounding of offences.− (1) The Court may invite

the parties to resort to compounding of the offence in deserving
cases, as per section 320 of the Code.

(2) Joint memorandum with supporting affidavits signed by

the aggrieved person/persons and accused shall be filed along with
the petition for compounding of the offence under section 320 of the
Code.

(3) While permitting compounding of the offence, it is not

necessary for the Court to examine the investigating officer.
However, the Court may direct the presence of the investigating
 190
189

officer in cases where his presence is required for identifying the

parties.

296. Compliance of High Court's directions.− Whenever

any direction is given by the High Court, the subordinate Court
concerned shall,−
(a) dispose of the proceeding pending on their file
within the time specified in the order of the High Court and
report the fact to the High Court immediately after disposing
of the proceeding concerned; or

(b) make a request to the High Court for extension

of time for carrying out the directions, well in advance of the
date specified in the order of the High Court, stating the
reasons therefor and the further time required, if for any
reason, the subordinate Court concerned is not able to
comply with the order of the High Court within the time
specified.

297. Procedure when re-trial ordered.− (1) When criminal

cases are remanded for re-trial, they shall be restored to their
original numbers and not assigned new numbers.

(2) For the purpose of accounting of remand cases in the

"Register of Calendar cases received" in Administrative Form No. 4
(Criminal Register No.4), a note shall be made in column 9 of the said
Register under the heading "Results" indicating the fact of re-trial
ordered and fresh disposal noted against that entry as soon as the
cases are disposed of on re-trial.
 191
190

(3) Similar notes shall also be made in columns 26 and

35 of the "Register of Results of Inquiries and Trials" in
Administrative Form No.7 (Criminal Register No.7) and the
"Register of Punishments" in Administrative Form No.8 (Criminal
Register No.8) respectively under the heading "Remarks" and
the fresh disposal noted under the above columns against the
previous entries as soon as the cases are disposed of on re-trial.

(4) Re-trial cases shall be treated as fresh institution (on

remand) and fresh disposal (on disposal) for the purpose of
statistics.

298. Records movement register.− A register in

Administrative Form No.64 shall be maintained in all the subordinate
Courts for movement of records among the Bench Clerk and Steno
Typist and other members of the staff, before consignment of the
same to the Record Room in order to fix the responsibility on the
concerned for loss of records.

299. Register for stayed cases.− All the subordinate Courts

shall maintain a separate Register in Administrative Form No.63 in
respect of cases in which trial has been stayed by any appellate Court
and the same shall be maintained by the Head Ministerial Officer of
the Court concerned, to keep a watch on the further course of action
to be taken by the respective Courts.

300. Judicial Forms.− The following Judicial Forms (which are

not covered in the foregoing Rules) shall be used for the purposes
mentioned against them:−
 192

191

Judicial
Form Purpose for which the Judicial Form is to be used
No.
1 To place the in-charge officer during the absence of the
Chief Judicial Magistrate under section 12 of the Code.
3 To bring up a witness after service of summons under
section 87(b) of the Code.
6 For issuing notice under section 122 of the Code.
7 For issuing warrant of imprisonment on failure to pay
maintenance under section 125 of the Code.
9 For appointment of a receiver under sub-section (2) of
section 146 of the Code.
17 For issuing notice under sections 195 and 340, 341 &
343 of the Code.
18 For issuing notice to complainant under section 200 of
the Code.
19 For issuing warrant of commitment of a person
charged with an offence.
20 For recording plea of the accused under sections 229
and 230 of the Code.
22 For issuing warrant of commitment on a sentence of
imprisonment or fine or both, in pursuance of an order
passed on appeal under sections 255, 248 and 386 of
the Code.
23 For examination of the accused.
24 For issuing order for detention in custody of Approvers
under section 306 of the Code.
26 For issuing warrant to the accused under section 322
of the Code when the case is stayed by the Magistrate.
27 For issuing warrant of commitment under section 345
of the Code in cases of contempt.
28 For issuing warrant of commitment of witness under
section 349 of the Code when he refuses to answer or
produce a document or thing.
30 For getting bond for probation of good conduct under
section 360 of the Code.
 192
193

Judicial
Form Purpose for which the Judicial Form is to be used
No.
31 For issuing order of dismissal of appeal under section
384 of the Code.
35 For issuing an order confirming a sentence under
section 386 of the Code.
38 For issuing warrant of release of a prisoner under
section 386 of the Code.
43 For issuing notice of revision petition under section
403 of the Code.
44 For issuing notice of application for transfer under
sections 408 to 412 of the Code.
47 For issuing warrant of commitment of the surety of an
accused admitted to bail under section 446 of the
Code.
48 For issuing warrant of imprisonment on breach of a
bond to keep peace or to be of good behaviour or to
appear before a Court under section 446 of the Code.
49 For issuing warrant of imprisonment on forfeiture of
bond for good behaviour or to keep peace under
section 446 of the Code.
50 For getting bond for return of property under sections
451 and 452 of the Code.
51 For issuing notice to a party for getting back the
properties under section 452 of the Code.
52 For issuing proclamation in respect of unclaimed
properties under section 457 of the Code.
54 For issuing order of detention of adolescent offender in
Borstal Schools.
66 For issuing warrant of commitment under sentence of
death.
67 For issuing subpoena to witness (on commission).
69 For issuing certificate under section 5 of the Press and
Registration of Books Act, 1867 (Central Act 25 of
1867)
 193
194

301. Administrative Forms.− The following Administrative

Forms in the form of Criminal Registers (which are not covered in the
foregoing Rules) shall be maintained as described against them:−

Admn.
Form Description
No.
6 Register of Applications under section 138 of the
Railways Act, 1989 (Central Act 24 of 1989)
9 Register of enforcement of sentence of imprisonment
awarded.
10 Register of Appeal Cases disposed of.
11 Register of Revision Cases disposed of.
16 Fair Copy Register.
20 Register of unclaimed properties.
21 Register of calendars received by Sessions Courts and
Chief Judicial Magistrates' Courts.
29 Cash Book.
32 Register of Summary Trials.
34 Register of fines in respect of which payments are
payable to local body.
37 Working sheets for fine recovery.
40 Statement of pending cases.
41 Sessions Statement to be submitted by the committing
Magistrates to the Chief Judicial Magistrates.
42 Statement showing trial of Sessions Cases.
43 Sessions Statement submitted to the High Court.
47 Calendar of criminal cases.
48 List of calendars despatched to the Sessions Court by
the Chief Judicial Magistrates.
 194
195

Admn.
Form Description
No.
50 Receipt to be granted by Magistrate Courts.
51 Receipt for sending valuable properties for disposal.
53 Pay Order Book for Metropolitan Magistrate Courts.
55 Disbursing Officer's statement of expenses in
Metropolitan Magistrate Courts.
57 Daily Cash Book of Accountant in Metropolitan
Magistrate Courts.
58 Monthly Cash Book of Receipts and Payments in
Metropolitan Magistrate Courts.
59 Register of recognized clerks of advocates.
61 Register of papers despatched.

302. Except register of copy applications, cash book, fair copy

register, monthly cash book, disbursing officer's statement of
expenses, daily cash balance register, daily cash book of the
Accountant, monthly cash book of receipts and payments and Court
deposit register, no special forms have been prescribed under these
Rules for maintenance of the registers referred to in Questionnaire 45
of Administrative Form No.52, as these registers have been
maintained since the constitution of the Court system in the Madras
Presidency.

303. Forms prescribed by these rules shall be used by the

Courts in the State of Tamil Nadu and Union Territory of Puducherry
for the respective purposes therein mentioned, with such variations,
as the particular circumstances of each case may require.
 196

APPENDIX

Judicial Form No. 1

(See Rule 300)

PROCEEDINGS OF THE CHIEF JUDICIAL MAGISTRATE OF………………….

(Section 12, Cr.P.C.)

Dated the …. day of …............... 20…….

Under section 12 of the Code of Criminal Procedure, 1973 (Central Act 2 of

1974), the Chief Judicial Magistrate of .................... hereby defines the local area
within which Sri.............................. appointed to be a Magistrate for the district of
…..............., and may exercise the powers with which he has been invested by the
State Government and the Chief Judicial Magistrate of …................. to be as
follows:-

Chief Judicial Magistrate

Copy to—
(1) The Officer concerned
(2) The District Superintendent of Police …...............
 197

Judicial Form No.2

[See Rule 29(18)]

LETTER OF REQUEST FOR THE APPEARANCE OF THE PRESIDING

OFFICER OF PARLIAMENT OR OF STATE LEGISLATURE OR THE
CHAIRMAN OF A COMMITTEE THERETO AS A WITNESS

From

To

The Speaker of the House of the People

The Chairman of Council of States, Parliament House, New Delhi
The Speaker of the Legislative Assembly
The President of the Legislative Council of ….........
The Chairman of …................................

(Cause title)

In the above proceeding, the complainant/accused proposes to examine you as

a witness. I have to request you to be so good as to appear in my court at 11 a.m. on
…...

Dated:

Yours faithfully,

(Designation)
 198

Judicial Form No.3

(See Rule 300)

WARRANT TO BRING UP A WITNESS AFTER SERVICE OF SUMMONS

(Section 87(b) Cr.P.C.)
To
…..........
Whereas complaint has been made before me that …......... has or is suspected
to have committed the offence of …........... and whereas it is proved that the
summons issued to ….............. who, it appears, likely can give evidence concerning
the said complaint, has been duly served in time to admit of his appearing in
accordance therewith but that he has filed so to appear without offering a reasonable
excuse for such failure;
This is to authorize and require you to arrest the said
………………… and on the ….. day of …........ 20...., to bring him before this Court
to be examined touching the offence complained of.
Given under my hand and the seal of the Court, this …. day of …...........20....

Seal

Magistrate.

If the said …............ shall give bail himself in the sum of Rs. ….... with one
surety/two sureties each in the sum of Rs. …........ to attend before me on the ……
day of …….. 20.., and to continue so to attend until otherwise directed by me , he
may be released.

Dated this … day of …… 20.. .

Magistrate.
 199

Judicial Form No.4

[See Rule 245]

LETTER OF REQUEST FOR PRODUCTION OF RECORDS IN THE CUSTODY OF A

HOUSE OF PARLIAMENT OR OF A LEGISLATURE OF A STATE

From
…..........
…..........
…..........
To
The Speaker of the House of the People/
The Chairman of the Council of States
Parliament House
New Delhi

The Speaker of the Legislative Assembly of ........

The President of the Legislative Council of .........
(Cause title)
Sir,
(Where mere production of document is required):- In the above proceeding, the
complainant/accused proposes to rely upon the documents specified in the Annexure, which are in
the custody of the House of the People/The Council of States/Legislative Assembly/Legislative
Council. I have to request you to move the House if you have no objection, to grant leave for the
production of documents in my court and, if such leave is granted, to arrange to send the
documents/certified copies of the documents so as to reach me on or before …............. by
Registered Post with Acknowledgment Due or through an officer in the Secretariat of the House.

(Where oral evidence of an officer in the Secretariat of the House is required) in the above
proceedings, the complainant/accused proposes to examine . . . . . an officer in the Secretariat of the
House of the People/the Council of States/Legislative Assembly/Legislative Council (or any duly
informed officer in the Secretariat of the House) as a witness in regard to matters specified in the
Annexure. I have to request you to move the House, if you have no objection to grant leave for the
examination of the said officer in my court at 11 a.m. on . . . . …....

Date:

Yours faithfully,

ANNEXURE:
1 ......
2 ......
 200

Judicial Form No. 5

(See Rule 242)

SUMMONS TO PRODUCE

(Section 91, Cr.P.C.)

IN THE COURT OF THE ……………….MAGISTRATE OF …………

Case No. ……..of 20….

Complainant

vs.
Accused
To
……… of ……………

Whereas a complaint has been made before this Court that the accused has (or
is suspected to have) committed the offence of ….......... and it has been made to
appear to this Court that the production of the under-mentioned documents/things now
in your possession or power is necessary/desirable for the purposes of the
………… before this Court, you are hereby summoned to attend and produce (or
cause to be produced) the said documents/things before this Court at 11 a.m. on the
…... day of …........20 .

Given under my hand and the seal of this Court, this ….. day of …. 20.

Magistrate
Seal

Particulars of documents/things
 201

Judicial Form No. 6

(See Rule 300)

NOTICE

(Section 122, Cr.P.C.)

IN THE COURT OF SESSION, …..............DIVISION

Criminal Miscellaneous Case No. …......... of 20 …..

To

……….

Through the ….................Magistrate of …..................

Take notice that Miscellaneous Case No........of 20......, on the file of the
…......................Magistrate of ….............in which you are one of the accused has been
laid before this Court for orders under section 122 of the Code of Criminal Procedure,
1973(Central Act 2 of 1974) and will be heard in the Sessions Court at …..............
on …..........at 11 a.m.

Given under my hand and the seal of the Court, this …. day of …... 20....

Seal
Sessions Judge
 202

Judicial Form No. 7

(See Rule 300)
WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE.
(Sections 125 and 126 , Cr.P.C.)
IN THE COURT OF THE …………….MAGISTRATE OF…………..
Miscellaneous Case No……….of 20…. .
To
The Superintendent /Officer-in-charge of the ………. Prison at ………….

Whereas ……………. has been proved before me to be possessed of

sufficient means to maintain his wife and / or child that is by reason of unable to
maintain itself and to have ….. neglected/refused to do so, and as an order has been
duly made requiring the said………………….to allow his said wife/child for
maintenance the monthly sum of Rupees …………………; and whereas it has been
further proved that the said……………………………in wilful disregard of the said
order, has failed to pay Rupees ………. being the amount of the allowance for the
month/months of ……… and thereupon, an order was made adjudging him to undergo
simple / rigorous imprisonment in the said prison for the period of …………….

This is to authorize and require you, the said Superintendent/Officer to receive

the said.........................into your custody in the said prison together with this warrant
and thereto carry the said order into execution according to law, returning this warrant
with an endorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this …. day of ….. 20...

Release on bail by Court

1. Order Number and date.

2. Date of actual release
3. Date of re-arrest

Seal

Magistrate
 203

Descriptive roll.
Name.
Father’s name.
Sex, married or single.
Race, Religion and Caste.
Previous occupation.
Age,
Descriptive marks.
*Diet-
(a) the diet to which the prisoner was accustomed according to his own
statement …………………………
(b) the diet recommended by the Magistrate…………………..
(c) brief reasons if rice or wheat is recommended………………………..

The distance from the prisoner’s residence to the nearest railway station / Prison
is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand
nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the
prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner.

Magistrate.

Prison. I hereby certify that the sentence

Date of admission to prison. passed on the prisoner and named
Number. in the warrant has been executed
Name. according to law and that he has this
Sentence. day been released from custody on +

Date of sentence. or
Date of release. having earned ….. days remission.
Release on bail or escape and ………. Prison.
Re-admission may be noted below.
Dated …….20…
Superintendent.
Note.- In filling up the particulars under the head “5. Previous occupation” in respect
of females, Court shall use the same classes of previous occupation as are adopted for
males.
+Appeal/Expiry of sentence/bail
 204

Judicial Form No. 8

[See Rule 29(19)]

Order requiring parties to put in written statements of their claims

(S.145(1), Cr.P.C.)

In the Court of the …............... Magistrate of …..............

Miscellaneous Case No.......... of 20....

To

Whereas, it has been made to appear to me and I am satisfied for the reasons set out below

that a dispute likely to cause a breach of the peace exists concerning …... situate within the local

limits of my jurisdiction. . . . . . . . I do hereby require you to attend at my Court in person or by

advocate within …...... days from the receipt of this notice and put in written statement of your

claim as respects the fact of actual possession of the property aforesaid.

Reasons:

Given under my hand and the seal of the Court, this ..... day of ….........20......

(Seal) Magistrate
 205

Judicial Form No. 9

(See Rule 300)

APPOINTMENT OF A RECEIVER
[Section 146 (2) Cr.P.C.]

IN THE COURT OF THE …................... MAGISTRATE OF ……………….

To
…………….

Whereas ….................................................has been attached, ……………….

you are hereby (subject to your giving security to the satisfaction of the Court)
appointed Receiver of the said property under sub-section (2) of section 146 of the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974):

You are required to render a due and proper account of your receipts and
disbursements in respect of the said property on …………………….

Given under my hand and seal of the Court this.... day of …....20...

Seal Magistrate
 Judicial Form No.l0
[See Rule 28(5)]
Judicial Form No.l0
Register of Complaints
[See Rule 28(5)]
Proceedings U/s. 156(3) Cr.P.C Proceedings U/s. 200 Cr.P.C
Register of Complaints
FIR, if any,
Particulars
Proceedings
registeredU/s.
on 156(3) Cr.P.C Proceedings U/s. 200 Cr.P.C
To Whom, the about the
the Date of To Whom an Remarks
Date of Receipt complaint was FIR, if any, Reminders, if examination of Date of Receipt of
Complaint Receipt of Particulars enquiry Result of the
of Complaint forwarded registered on any, sent with Complainant Enquiry Report
S.No. To Whom, the forwarded FIR by ordered U/s. Proceedings
with name with dispatch the Date of particulars aboutand
the the
To Whom an U/s. 202 Cr.P.C Remarks
Date of Receipt complaint was U/s. 156 Court Reminders, if examination of 202 Cr.P.C
Date of Receipt of
No. Complaint Receipt of witnesses enquiry Result of the
of Complaint forwarded Cr.P.C with any, sent with Complainant Enquiry Report
S.No. forwarded FIR by present ordered U/s. Proceedings
with name with dispatch Crime No. particulars and the U/s. 202 Cr.P.C
U/s. 156 Court 202 Cr.P.C
No. witnesses
1 2 3 Cr.P.C4with 5 6 present 7 8 9 10 11
Crime No.
1 2 3 4 5 6 7 8 9 10 11
206
 Judicial Form No.11
Judicial Form No.11
[See Rule 8(8)]
[See Rule 8(8)]
Register
Register ofof Dying
Dying Declarations
Declarations
Name
Nameof ofthe
the
authority, Particulars
authority, Particulars Whether
Whether copiescopies Date ofDate of Mode of Mode of
who
who made
made of
of Name
Name andand address
address of of
Date and
Date and the request Investigation of of statements
statements Dispatch
Dispatch to the the Transmission
toTransmission
the request Investigation Particulars
Particularsofof Hospital,
Hospital, where
where Remarks,
Remarks, Initial of Initial of
S.No.
S.No. time
time
ofof furnished
furnished to theto the Jurisdictional
Jurisdictional of Records
of Records
for
for Officer
Officer and
and Injured
Injured/ Victim Injured
/ Victim Injured / Victim
/ Victim taking
taking if any if any
MagistrateMagistrate
Request
Request Investigation
Investigation court court
with with[Post / [Post
Spl. / Spl.
recording
recording Case No.
Case No. ifif treatment
treatment Officer
Officer Dis.No.
Dis.No. Messenger]
Messenger]
Dying
Dying any
any
Declaration
Declaration
1 1 22 33 44 55 6 6 7 7 8 8 9 9 10 10 11 11
207
 Judicial Form No.12
[See Rule 9(9)]
Judicial Form No.12
Register of Test Identification Parade
[See Rule 9(9)]
Name of the Date of
Register of Test Identification Parade Whether copies Mode of
authority, who Case Date of Dispatch to
of Proceedings Transmission
made the No. / Cr.M.P. Particulars of conduct of the Remarks Initial of
S.No. Name of the Proceedings of furnished toDate of of Records
request for Crime No. Particulars of Witness Test IDWhether copies Mode of
Jurisdictional if any Magistrate
authority, who Case CJM / CMM Date of Dispatch to
Investigation [Post / Spl.
Identification No. Accused Parade of Proceedings court Transmission
with
made the No. / Cr.M.P. with date Particulars of conduct of the Remarks Initial of
S.No.
Parade Proceedings of furnishedOfficer
to of RecordsMessenger]
Dis. No.
request for Crime No. Particulars of Witness Test ID Jurisdictional if any Magistrate
CJM / CMM Investigation [Post / Spl.
Identification No. Accused Parade court with
1 2 3 4 with
5 date 6 7 8 Officer 9 10Messenger] 11 12 13
Parade Dis. No.
1 2 3 4 5 6 7 8 9 10 11 12 13
208
 Judicial Form No.13
Judicial Form No.13
[See Rules 10(13) & 11(12)]
[See Rules 10(13) & 11(12)]
Register of Confessions / Statements recorded U/s. 164 Cr.P.C
Register of Confessions / Statements recorded U/s. 164 Cr.P.C

Recording of Confession from Recording of Statement from

Whether
accused Witness Date of
Recording of Confession from Recording of Statement fromcopies of Mode of
Particulars of Nature of Whether
Dispatch to Transmission
accused Witness
Nature of statements Date of
Investigation Request Cr.M.P. of the Mode of Initial of
S.No.Particulars of Date of Date of Identity furnishedcopies of Records
Dispatch
to Jurisdictional Remarks
Officer and Nature
[ Witness
of / No. Date of First statements to Transmission Magistrate
Investigation Request Second Examination CardNature of the court with the[Post / Spl. Initial of
S.No. Case No. Accused] Cr.M.P. Examination of Records Remarks
Officer and [ Witness / No. Examination Date of produced
Date of of Witnesses Identity furnished Dis.No.
for Investigating Messenger]
to Jurisdictional
Magistrate
Date of First Card Officer the [Post / Spl.
Case No. Accused] Second Examination verification court with
Examination Dis.No. Messenger]
Examination of Witnesses produced for Investigating
1 2 3 4 5 6 7 8
verification 9 Officer 10 11 12 13

1 2 3 4 5 6 7 8 9 10 11 12 13
209
 210

Judicial Form No.14

[See Rule 6 (8)]
FORM OF ORDER FOR THE DETENTION IN CUSTODY OF AN
ACCUSED PERSON
(Section 167, Cr.P.C.)
To
The Superintendent/Officer in-charge
……….. Prison at ………………..
Whereas it appears that a charge against …................................................. of an offence
under section …...of the Indian Penal Code/Act No….. of …..., is under investigation by the
police under the provisions of Chapter XII of the Code of Criminal Procedure, 1973 (Central
Act 2 of 1974) that such investigation cannot be completed within the period of 24 hours fixed
by section 57 of the said Code; and that there are grounds for believing that the accusation /
information against the said person is well founded; and the accused having been duly
forwarded to this Court, this is to authorize you to detain the said
…………. in custody* for ….. days, and to cause him to be produced before …....... Court
sitting at …........... on the …... day of …..... 20... at ... O’ Clock.
Descriptive roll
1.Name
2.Father’s/Husband’s Name
3.Sex, Married or Single
4.Race, religion and caste
5.Previous occupation
6.Age
7.Descriptive marks

Note – At least three identification marks must be given.

Given under my hand and the seal of the Court, this ….... day of ….......20.....

Seal
Magistrate

* The custody may be such as the Magistrate thinks fit.

 211

Judicial Form No.15

[See Rule 26(4)]

PROCEEDINGS OF THE ……………..MAGISTRATE OF ………..

Dated ….. day of ………. 20…..

(Under Section 173, Cr.P.C.)

READ

Referred charge-sheet entered as Serial No. …… in Magistrate’s Register.

1.Name of the

(a) Station
(b) Village
(c) Taluk

2.Complainant’s name
3. Name of accused
4.Offence, with law and section under which punishable
5.Explanation of any delay evidenced by dates in docket (outside).
6. order to the Police, regarding making , or refraining from making
further investigation and with regard to the bond, if any, executed by
the accused.

7. Brief statement of facts of the case and reasons for order.

Magistrate
 212

PROCEEDINGS ON REFERRED CHARGE SHEET ENTERED

AS SERIAL NO. …............ IN MAGISTRATE’S REGISTER

From
The …................ Magistrate

To
The Commissioner / Superintendent of Police,.........

Through

The Inspector of Police, ..........

Date Month Year

Offence

Date of Report to station

Receipt of Referred Charge Sheet

by Magistrate

Order of the Magistrate

Dispatch

Remarks of …………….. Magistrate

Received: ..day of …. 20….
Despatched: ..day of …. 20….

Reply of ……………………….. Magistrate

Received: ..day of …. 20….

Despatched: .. day of ……20…..
 213

Judicial Form No. 16

(See Rule 26 (1)(c)

NOTICE TO COMPLAINANT

(Section 173 or 202, Cr.P.C.)

In Referred Case No. …….of 20….

To

……… Complainant

Take notice that the complaint preferred by you under section ……… of the

Indian Penal Code / Act No. …. of ……. is referred by the ……… Police Station as

………. and that if you dispute the correctness of the finding of the Police in

Cr.No….. of ……, you should appear before this Court within ….. days from this

day.

….... Day of ….................20.........

Magistrate
 214

Judicial Form No.17

(See Rule 300)

NOTICE

(Sections 195, 340, 341 and 343, Cr.P.C.)

IN THE COURT OF THE ………………………………

Civil/Criminal Miscellaneous Petition No. ….. in …. No. of ……

BETWEEN

Petitioner
AND

Counter-Petitioner.

To

……. Counter-Petitioner

Take notice that an application has been presented by the petitioner herein praying
that an inquiry be made/an inquiry will be held under sections 340, 341 and 343 Code
of Criminal Procedure, 1973 (Central Act 2 of 1974) determine whether a complaint
should not be laid against you for an offence punishable under section(s).... of the
Indian Penal Code, and that the said application will be heard by this Court at …...
a.m. on the … day of ……. 20….

You are at liberty to show cause why such complaint should not be made.

Given under my hand and the seal of the Court, this day of …........ 20.....

Sessions Judge/Magistrate
Seal
 215

Judicial Form No.18

(See Rule 300)

NOTICE TO COMPLAINANT

(Section 200, Cr. P.C.)

IN THE COURT OF THE ……….. MAGISTRATE OF …………

To

…….

You are hereby required to appear before this Court at ….... at.... o’clock on
the ….... day of ….........20..... to give a sworn deposition regarding the complaint
preferred by you against ……………..

Dated the ….... day of ................... 20.....

Seal

Magistrate
 216

Judicial Form No.19

(See Rule 300)
WARRANT OF COMMITMENT OF A PERSON CHARGED WITH AN OFFENCE.
(Section 209, Cr.P.C.)
Case No. …………of 20…
To
The Officer-in-charge of ……….. Prison at ……………..
Whereas ……………………………………………is charged with having
committed an offence under section(s)................... of ….........……… and has been
committed to take his trial before the Court of Session at …………….. on the …….
day of …....20….
You are hereby required to receive the said ….....………. into your custody in
the said prison and safely to keep him there until he shall be thence delivered by due
course of law.
Descriptive roll.
1.Name.
2. Father’s name / husband’s name
3.Sex, married or single.
4.Race, Religion and Caste.
5.Previous occupation.
6.Age
7.Descriptive marks.

NOTE.-At least three identification marks must be given.

Given under my hand and the seal of the Court this….day of ……. 20…

Seal
Magistrate
 217

Judicial Form No. 20

(See Rule 300)

IN THE COURT OF SESSION, …................ DIVISION.

(Sections 229 and 230, Cr.P.C.)

Sessions Case No...........of 20…..

Preliminary Register Case No. …. of 20 ... , on the file of the …..... Magistrate of …...

Name of accused

Charge

Plea of the accused

Sessions Judge
 218

Judicial Form No. 21

(See Rules 71 & 73)
WARRANT OF COMMITMENT ON A SENTENCE OF
IMPRISONMENT OR FINE OR BOTH

(Sections 255 (1)&(2), 248 (1)&(2) and 235, Cr.P.C.)

IN THE COURT OF ………………..….. OF………

Sessions/Calendar Case No…… of 20…

To

The Superintendent/Officer-in-charge
………………. Prison at …………..

Whereas on the …… day of ……. 20…, the prisoner in Sessions/Calendar Case

No. …. of 20… (Crime No…… of ………….. Police Station) was convicted before
me Sessions Judge/ Magistrate of ………………. of the offence of …………..
punishable under section ………. of the Indian Penal Code/ Act ….. of …………
and was sentenced to ……………………………

This is to authorise and require you, the said The Superintendent/Officer-in-

charge to receive the said ………….. into your custody in the said prison together
with this warrant, and there carry the aforesaid sentence into execution according to
law. The prisoner named above is classed as…………………..…….*

The prisoner is/ is not a fit subject for the special prison for habituals



* “Habitual” or “Casual”, as the case may be, should entered here in the Magistrate’s
or Judge’s own handwriting.
 To be filled in only in the case “habitual” by a convicting Court (not below the rank
of 1st Class Magistrate) in an area for which a special prison for habituals has been
appointed.
 219

*Diet—
(a) the diet to which the prisoner was accustomed according to his own
statement:……………………………………….
(b) the diet recommended by the Sessions Judge/Magistrate:…………
(c) brief reasons if rice or wheat is recommended:………………

II. The distance from the prisoner’s residence to the nearest railway station /
Prison is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand
nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the
prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

III. Details of property on the person of the prisoner.

IV. I hereby certify that…………………. of the fine has been recovered.

V. Descriptive Roll
Name:
Father’s name:
Sex, married or single:
Race, religion and caste:
Previous occupation:
Age:
Descriptive marks:

* Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.

 220

Particulars of previous convictions.

Court Calendar No. Section and Code. Sentence.
And year

Given under my hand and the seal of the Court, this …. day of ……. 20….

Release on bail by Court

1. Order Number and date
2. Date of actual release
3. Date of re-arrest

Seal.
Sessions Judge /Magistrate

The prisoner was transferred to ….. Prison on ……………… under Inspector-

General’s Order No…… dated ………….. 20.

Remission earned upto the end of the preceding quarter is … days.

Superintendent.
The prisoner was transferred to ……….…. Prison on …………….. under Rule 579
of the Tamil Nadu Prison Manual, Volume II.

Remission earned upto the end of the preceding quarter is … days.

 221

Solitary confinement

From To Number of days Total undergone. Superintendent’s

initials

I hereby certify that the within named prisoner has this day been served with an
order directing him to notify his residence to the police for …… year(s) from this
date.
The following address was furnished by the prisoner on release:-
Street: Village:
Taluk: District:
Superintendent.
The order has been duly served on me,
(Signature or left-thumb
Impression of the prisoner.) …………Prison
Dated ………..20 .
Prison
Date of admission to prison: I hereby certify that the sentence
Number: passed on the prisoner named in
Name: this warrant has been executed
Sentence: according to law and that he has
Date of sentence: this day been released from custody
Date of release: on* ………
or having earned ….days’ remission.
…………………..Prison
Dated ……….. 20

Jailor
Release on bail or escape and readmission may be noted below.
Superintendent.
NOTE:- In filling up the particulars under the head “5. Previous occupation” in
respect of females, Court shall use the same classes of previous occupation as are
adopted for males.
*Appeal/Expiry of sentence/Bail.
 222

Judicial Form No. 22

(See Rule 300)
WARRANT OF COMMITMENT ON A SENTENCE OF
IMPRISONMENT OR FINE OR BOTH, IN PURSUANCE OF AN ORDER
PASSED ON APPEAL

(Sections 255, 248 and 386, Cr.P.C.)

IN THE COURT OF ………………..….. OF………

Appeal No. ….. of ……. against the conviction and sentence by the …. Magistrate of
………………….under Section ……….. of Indian Penal Code / Act … of …… in
Sessions/Calendar Case No…… of 20…
(Cr. No…… of 20….., …… Police Station)
To
The Superintendent/Officer-in-charge
………………. Prison at …………..

Whereas on the …… day of ……. 20…, the prisoner in Sessions/Calendar Case

No. …. of 20… was convicted before the said …… Magistrate of ………………. of
the offence of ………….. punishable under section ………. of the Indian Penal Code/
Act ….. of ………… and was sentenced to …………………………… and whereas
the said sentence has been modified by me Sessions Judge / Magistrate of ………….
on appeal into a sentence of ……………………

This is to authorise and require you, the said The Superintendent/Officer-in-

charge to receive the said ………….. into your custody in the said prison together
with this warrant, and there carry the aforesaid sentence into execution according to
law.

The warrant of commitment issued by the said Magistrate in regard to the

aforesaid prisoner in the said Sessions/calendar case should be returned to me for
cancellation. The prisoner named above is classed as …………………..…….*

The prisoner is/ is not a fit subject for confinement in the special prison for
habituals

* “Habitual” or “Casual”, as the case may be, should entered here in the Magistrate’s
or Judge’s own handwriting.
 To be filled in only in the case “habitual” by a convicting Court (not below the rank
of 1st Class Magistrate) in an area for which a special prison for habituals has been
appointed.
 223

*Diet—
(a) the diet to which the prisoner was accustomed according to his own
statement:……………………………………….
(b) the diet recommended by the Sessions Judge/Magistrate:…………
(c) brief reasons if rice or wheat is recommended:………………

The distance from the prisoner’s residence to the nearest railway station / Prison
is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand
nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the
prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of property on the person of the prisoner.

I hereby certify that…………………. of the fine has been recovered.

Descriptive Roll
Name:
Father’s name:
Sex, married or single:
Race, religion and caste:
Previous occupation:
Age:
Descriptive marks:

* Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.

 224

Particulars of previous convictions

Section and Code Sentence Court

Given under my hand and the seal of the Court, this …. day of ……. 20….

Release on bail by Court

1. Order Number and date
2. Date of actual release
3. Date of re-arrest

Seal.
Sessions Judge /Magistrate

The prisoner was transferred to ….. Prison on ……………… under Inspector-

General’s Order No…… dated ………….. 20.
Superintendent
Remission earned upto the end of the preceding quarter is … days.
The prisoner was transferred to ……….…. Prison on …………….. under Rule 579
of the Tamil Nadu Prison Manual, Volume II.

Superintendent
Solitary confinement

From To Number of days Total undergone. Superintendent’s

initials
 225

I hereby certify that the within named prisoner has this day been served with an
order directing him to notify his residence to the police for …… year(s) from this
date.
The following address was furnished by the prisoner on release:-
Street: Village:
Taluk: District:
Superintendent.
The order has been duly served on me,
(Signature or left-thumb
Impression of the prisoner.) …………Prison
Dated ………..20 .
Prison
Date of admission to Prison: I hereby certify that the sentence
Number: passed on the prisoner named in
Name: this warrant has been executed
Sentence: according to law and that he has
Date of sentence: this day been released from custody
Date of release: on* ………
or having earned ….days’ remission.
…………………..Prison
Dated ……….. 20

Release on bail or escape and readmission may be noted below.

Jailor
Superintendent.
NOTE:- In filling up the particulars under the head “5. Previous occupation” in
respect of females, Court shall use the same classes of previous occupation as are
adopted for males.
*Appeal/Expiry of sentence/Bail.
 226

Judicial Form No.23

(See Rule 300)

EXAMINATION OF THE ACCUSED

(Section 281, Cr.P.C.)

IN THE COURT OF …......................................

Calendar
Miscellaneous
Preliminary Register Case No. ………..of 20..
Sessions

Statement of …................accused.

Name
Father’s name
Village
Taluk
Caste
Calling
Religion
Age

Dated ….. day of …..........20....

Question:-

Answers:-
 227

Judicial Form No.24

(See Rule 300)

FORM OF ORDER FOR THE DETENTION IN CUSTODY OF APPROVERS

(Section 306, Cr.P.C.)

IN THE COURT OF ………………
Case No………… 20…
To
The Officer in charge of the ………….Prison at ……….

Whereas on the ...day of …….20…, a tender of pardon was made to

…….under section 306 of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974) this is to authorize and require you to receive the said ………….. into your
custody together with this warrant and to procedure him before the committing
Magistrate and the Court of Session under safe custody at such times and places as
the said Courts may require you to do, and to keep him in the said prison at such
times as his production before the Court is not required.
Descriptive roll.
1.Name.
2. Father’s name/Husband’s name
3.Sex, married or single.
4.Race, Religion and Caste.
5.Previous occupation.
6.Age,
7.Descriptive marks.
NOTE.-At least three identification marks must be given.
Given under my hand and the seal of the Court this …..day of … 20…

Seal.

Magistrate
 228

Judicial Form No.25

[See Rule 6(8)]

FORM OF REMAND WARRANT

(Section 309, Cr.P.C.)

THE OFFICER IN CHARGE OF THE …… PRISON, AT……

Whereas …………………….. has/have been forwarded in custody, by the

officer in charge of the …….Police Station, to this Court, charged by the Police
with offences …………………………under section……… and this Court is
empowered to take cognizance of the said offence, and whereas the Court has
postponed/adjourned the trial /enquiry to the ……….day of ……….20…, this is
to authorize and require you to detain the said ……… in your custody for … days
and to cause him/them to be produced before this Court sitting at ………… on the
… day of …….. 20… at ……o’clock.

Descriptive roll.
1.Name
2. Father’s name / Husband’s name
3.Sex, married or single
4.Race, Religion and Caste
5.Previous occupation
6.Age
7.Descriptive marks
NOTE.-At least three identification marks must be given.
Given under my hand and the seal of the Court this ….. day of ….. 20…

Seal

Magistrate
 229

Judicial Form No. 26

(See Rule 300)

WARRANT TO BE USED WHEN THE ACCUSED BEING IN CUSTODY, THE

MAGISTRATE STAYS PROCEEDINGS
UNDER SECTION 322, CR.P.C.

To

The Superintendent / the Officer in charge of the …... Prison at ….........

Whereas …......... of …............. is charged before me with ….........and the evidence

appearing to warrant a presumption that the case is one which should be tried of committed for trial
by some other Magistrate in this District. The proceedings have been stayed and the case submitted
to the Chief Judicial Magistrate/ to the ….................

You are hereby required to receive the said …...... into your custody and produce him when
called upon before the Chief Judicial Magistrate or such other Magistrate at such place and time as
the Chief Judicial Magistrate shall direct or in the absence of direction from the Chief Judicial
Magistrate to produce him before me at …............ on the …. day of …... 20....., at …... a.m./p.m.

Descriptive roll.

1 Name.
2 Father's name/Husband's name
3 Sex, married or single.
4 Race, religion and caste.
5 Previous occupation.
6 Age.
7 Descriptive marks.
(NOTE –– At least 3 marks of identification
must be given)

Given under my hand and seal of the Court, this ….... day of …......... 20..

Seal
Magistrate.
 230

Judicial Form No. 27

(See Rule 300)
WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT
WHEN A FINE IS IMPOSED
(Section 345, Cr.P.C.)
IN THE COURT OF …………………..
Case No………of 20…..
To
The Superintendent/Officer-in-charge, Civil Prison at …………….

Whereas at a Court holden before me on this the …. day in the presence / view
of the Court, …………… committed wilful contempt;

And whereas for such contempt the said ………. has been adjudged by the
Court to pay a fine of Rupees ……..or in default to suffer simple imprisonment for
the space of …. days and whereas, the said sum of Rs……./part of the said sum, to
wit, Rs…….has not been paid or recovered;

This is to authorise and require you, the said Superintendent/Officer-in-charge

of the said prison to receive the said ……………. into your custody, together with
this warrant, and safely to keep him in the said prison for the said period of ….days
unless the said fine / balance of fine be sooner paid; and, on the receipt thereof
forthwith to set him at liberty, returning this warrant with an endorsement certifying
the manner of its execution.

Given under my hand and the seal of the Court, this …. day of ….. 20 ..

Seal.
Judge/Magistrate.

Descriptive roll.
Name.
Father’s name.
Sex, married or single.
Race, religion and caste.
Previous occupation.
Age.
Descriptive marks.
 231

* Diet-
(a) The diet to which the prisoner was accustomed according to his own
statement……………..
(b) the diet recommended by the Sessions Judge/Magistrate…………
(c) brief reasons if rice or wheat is recommended…………

The distance from the prisoner’s residence to the nearest railway station / Prison
is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand
nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the
prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner.
Judge/Magistrate
Prison.
Date of admission to prison. I hereby certify that the sentence
Number. passed on the prisoner named in
Name. this warrant has been executed
Sentence. according to law and that he has
Date of sentence. this day been released from custody
Date of release. on  or having earned …..
Release on bail or escape and day’s remission.
Re-admission may be noted below.
Prison,
Dated 20 .
Jailor Superintendent
Note:- In filling up the particulars under the head “5. Previous occupation” in
respect of females, Courts shall use the same classes of previous occupation as are
adopted for males.
* Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.
 Appeal/Expiry of sentence/Bail.
 232

Judicial Form No.28

(See Rule 300)

MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING

TO ANSWER OR PRODUCE A DOCUMENT OR THING.

(Section 349, Cr.P.C.)

IN THE COURT OF......................................

Case No. …........of 20....

To
…...................

Whereas …........... being summoned/ brought before this court as a witness and
this day required to give evidence / produce on an enquiry into an alleged offence, refused
without alleging any just excuse for such refusal, and for his contempt, has been adjudged
detention in custody / simple imprisonment for …. days;

This is to authorize and require you to take the said ….... into your custody, and safely to
keep him in your custody, for the space of … days unless in the meantime, he shall consent to be
examined and to answer the question asked of him/to produce and on the last of the said days, or
forthwith on such consent being known, to bring him before this court to be dealt with according
to law returning this warrant with an endorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this …. day of …..20....

Seal Judge/Magistrate

Descriptive roll
Name.
Father’s name.
Sex, married or singe.
Race, religion and caste.
Previous occupation.
Age.
Descriptive marks.
* Diet—
(a) the diet to which the prisoner was accustomed according to this own statement................
(b) the diet recommended by the Sessions Judge/Magistrate.............
(c) brief reasons if rice or wheat is recommended..................

The distance from the prisoner’s residence to the nearest railway station / Prison is …....
kms.
 233

The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to
the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to
his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner.

(Seal) Judge/Magistrate

Prison I hereby certify that the sentence passed on

the prisoner named in this warrant has been
executed according to law and that he has this
Date of admission to Prison day been released from custody on **...... or
having earned …... days remission.
Number

Name

Sentence

Date of sentence

Date of release

Release on bail or escape and

re-admission may be noted below

…...Prison,

Dated …....... 20..

Jailor

Superintendent.

*Particulars to be entered in the Sessions Judge's Magistrate's own handwriting.

**Appeal / expiry of sentence/bail

NOTE: In filing up the particulars under the head “5. previous occupation” in respect of
females, Courts shall use the same classes of previous occupation as are adopted for males.
 234

Judicial Form No. 29

[See Rule 208]

(Section 356, Cr.P.C.)

IN THE COURT OF …...................................................................

The …... day of …..... 20....

Sessions/Calendar Case No…………of 20 …

PRESENT: ……………………. (Name)

Sessions Judge/Magistrate

The State Complainant

vs.

…………………………… Accused

Offence ……………………

Sentence …………………

ORDER

Under section 356 of the Code of Criminal Procedure, 1973, (Central Act 2 of
1974) the accused is further ordered to notify his residence and any change of
residence after release to the police for a period of …..... from the date of his release.

Seal

Sessions Judge/Magistrate

To
The Superintendent, ….............. Prison at ………………
 235

Judicial Form No. 30

(See Rule 300)

BOND FOR PROBATION OF GOOD CONDUCT.

(Section 360, Cr.P.C.)

IN THE COURT OF THE ……….. MAGISTRATE OF ……………………………..

Calendar Case No……………… of 20 ...

Whereas I,....................... resident of ….................... have been convicted of the offence of

….............. under Section ….......... of the Indian Penal Code:

And whereas I, being a first offender, have been ordered to be released on probation of good
conduct on entering into a bond with …… surety/sureties during the period of ….. months under the
provisions of section 360 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), I hereby
bind myself to appear and receive sentence when called upon and in the meantime to keep the peace
and be of good behaviour to the State and all the citizens of India during the said term of
…….months and in case of my making default therein, I bind myself to forfeit to the State the sum
of Rupees ….....

Dated this …...day of …... 20 ... .

Signature.

Executed before me.

Magistrate.

I/We hereby declare myself surety/ourselves sureties for the abovenamed ….........that he will
appear and receive sentence when called upon and in the meantime will keep the peace and be of
good behaviour to the State and all the citizens of India during the said term and in case of his
making default therein, I/we hereby bind myself/ourselves jointly and severally to forfeit to the State
the sum of Rupees …....

Dated this ….... day of …….. 20.. .

Signature.

Signature.

Executed before me.

Magistrate
 236

Judicial Form No.31

(See Rule 300)

FORM OF DISMISSAL OF APPEAL

(Section 384, Cr.P.C.)

IN THE COURT OF …..................................

The... day of ........... 20…. .

Petition of Appeal No……….of 20 ..., against the conviction and sentence by

the ……………………….Magistrate of …………under Section................... of the
Indian Penal Code/Act No….. of …… in Case No. …. of the Calendar for 20..

Appellant.

vs.

Respondent

This appeal, coming on for hearing before me under section 384 of the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974) upon perusing the petition of appeal
and the calendar and judgment of the said Magistrate and upon duly considering the
same after hearing the arguments of the appellant or appellant’s advocate/appellant
not appearing in support of his appeal although reasonable opportunity of being heard
has been allowed, I do adjudge and order that this appeal be dismissed.

Seal
Seal

Sessions Judge/Magistrate

Copy to-

The Superintendent of ……… Prison at …………

(for communication to the prisoner concerned)

 237

Judicial Form No.32

(See Rule 123)

NOTICE OF APPEAL

(Section 385, Cr.P.C.)

IN THE COURT OF …………………….

Criminal Appeal No………… of 20…

1 The Appellant

2 The Public Prosecutor, Chennai/The Public Prosecutor of the Sessions Division, ….

3 The Collector …………/The Superintendent of Police, ……District /

The Commissioner of Police, ………

4 Assistant Public Prosecutor

5 General Manager, Southern Railway, Chennai

6 Commissioner, ……………… Municipality / ………… Corporation

Notice is hereby given under section 385 of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974) that the aforesaid appeal made to this Court by
…………..against the finding
and sentence of the………….. Magistrate of ……………. in Calendar Case No. ….of
20… will be heard at *………….. on the …. day of ……. 20…..

Serishtadar/
Head Ministerial Officer
Dated ………….20… .

* Here specify the place of hearing

 238

Judicial Form No.33

(See Rule 111)

PROCEEDINGS CALLING FOR RECORD

(Sections 386 and 397, Cr.P.C.)

PROCEEDINGS OF THE COURT OF …...............................................

READ---

Extract from the Register of Preliminary Enquiries in Case No. …….of 20..
Judgment in Calendar Case No. ………of 20…..
Criminal Appeal No……of 20…, presented against the finding and sentence in
Calendar Case No. ……..of 20… , on the file of the ………..Magistrate of ……

Order

The ……………Magistrate is requested to submit for the consideration of this

Court, the record of the proceedings in the above case with the least practicable delay.

Sherishtadar/ Head Ministerial Officer

 239

Judicial Form No.34

(See Rule 126)
FORM OF AN ORDER DISMISSING AN APPEAL AND ANNULLING A
SUSPENSION OF THE SENTENCE
(Section 386, Cr.P.C.)
IN THE COURT OF ….........................................
The …... day of 20 .
Petition of Appeal No………..of 20….. against the conviction and sentence by the
…………………….Magistrate of ……………………….. under section…….. of the
Indian Penal Code / Act No….. of ….. in Case No……of the Calendar for 20… .

Appellant
vs.
Respondent

This appeal coming on for hearing before me, upon perusing the petition of appeal
and the record of the evidence and proceedings, and upon duly considering the same and
after hearing ….............................................., I do adjudge and order that the said appeal be
dismissed and that the order of this Court suspending the sentence be annulled.

Seal
Sessions Judge/Magistrate

To

The Superintendent of …..... Prison at ………………

(for communication to the prisoner concerned)

 240

Judicial Form No.35

(See Rule 300)

FORM OF AN ORDER CONFIRMING A SENTENCE

(Section 386, Cr.P.C.)

IN THE COURT OF ….........................

The….day of ………..20 .

Petition of Appeal No…… of 20….., against the conviction and sentence by the
…...... Magistrate of …........ under Section ….. of the Indian Penal Code/ Act No. …. of ….
in Case No....... of the Calendar for 20.....
Appellant

vs.

Respondent

This appeal coming on for hearing before me, upon perusing the petition of appeal
and calendar and sentence and the record of the evidence and proceedings, and upon duly
considering the same, and after hearing …............................................, I do adjudge and
order that the said appeal be dismissed.

Seal
Sessions Judge/Magistrate

To

The Superintendent of …...... Prison at ……………

(for communication to the prisoner concerned)
 241

Judicial Form No.36

(See Rule 128)

FORM OF AN ORDER REVERSING A SENTENCE

(Section 386, Cr.P.C.)

IN THE COURT OF ….........................................

The ……….day of…….20…..

Petition of Appeal No……. of 20…. , against the conviction and sentence by

the ……………Magistrate of ……………… under section …………. of the Indian
Penal Code / Act No….. of ……in Case No. ….. of the Calendar for 20….

Appellant.
vs.
Respondent
This appeal, coming on for hearing before me, upon perusing the petition of
appeal and the record of the evidence and proceedings, and upon duly considering the
same and after hearing …………….

I do adjudge and order that the conviction and sentence passed on the said
…………………be reversed and the accused be acquitted / discharged and that he the
said prisoner be released from the prison in which he is now imprisoned under the said
sentence unless he is liable to be detained in custody for some other cause.

Seal
Sessions Judge/Magistrate

Copy to

The Superintendent of …... Prison at …………

(for communication to the prisoner concerned)
 242

Judicial Form No.37

(See Rule 127)

FORM OF AN ORDER REDUCING SENTENCE

(Section 386, Cr.P.C.)

IN THE COURT OF …............................

The …... day of …........ 20.....

Petition of Appeal No….. of 20….. against the conviction and sentence by the
………. Magistrate of ……….under section …......of the Indian Penal Code/Act
No…. of ….. in case No……. of the Calendar for 20...

Appellant

vs.

Respondent

This appeal, coming on for hearing before me, upon perusing the petition of
appeal and the record of the evidence and proceedings, and upon duly considering the
same and after hearing …..................................,

I do adjudge and order that the sentence passed on the said …............. be
reduced and that instead of the punishment thereby imposed, the said …......................

Seal
Sessions Judge/Magistrate

Copy to:-

The Superintendent, ………... Prison at ………….

(for communication to the prisoner concerned)

 243

Judicial Form No.38

(See Rule 300)

WARRANT OF RELEASE OF A PRISONER

(Section 386, Cr.P.C.)

IN THE COURT OF...................................................

(Appeal No. …… of 20…, against the conviction and sentence by the …….
Magistrate of ………….. under Section ……. of the Indian Penal Code /Act ….. of
…. in Case No…. of the Calendar for 20…..)
To
The Superintendent of the ……….. Prison at ………

Whereas on the ….day of ….…20.., the prisoner in the said Case No. …..of
the Calendar of 20…., was convicted before the said ….. Magistrate of ….. of the
offence of ………………..punishable under section ….. of the Indian Penal Code/Act
…. of ….. and was sentenced to…...... and whereas, the said sentence was reversed by
me Sessions Judge/Magistrate of ……. on appeal.

This is to authorize and require you to release the said prisoner …........... from
your custody unless he is liable to be detained for some other cause.

Given under my hand and the seal of the Court, this …...day of …..20 .

Sessions Judge/Magistrate
Seal

N.B.— The Superintendent of the …........ Prison should, at once, return the warrant
with which the prisoner was committed to his custody.
 244

Judicial Form No.39

(See Rules 131 and 133)

WARRANT OF COMMITMEMNT ON A SENTENCE OF IMPRISONMENT OR FINE OR BOTH,

IN PURSUANCE OF AN ORDER PASSED ON APPEAL OR REVISION BY THE HIGH COURT

(Sections 388 and 405, Cr.P.C.)

IN THE COURT OF …...................................

Appeal/Criminal Revision Case No…… of 20… against the finding, sentence or order passed by the
Sessions Judge / Magistrate ………….. under section …….. of the Indian Penal Code / Act ….. of
….. in Case No……. of the Calendar for 20…./ Criminal Appeal No. …. of 20….

(Crime No….. of ……………. Police Station)

To
The Superintendent / Officer-in-charge of ……… Prison at ……………

WHEREAS on the ….. day of …… 20….., the prisoner in the said Case No…..of the
Calendar of 20.., was convicted before me, the Sessions Judge/Magistrate of ………….. of the
offence of ……………………….. punishable under section………………… of the Indian Penal
Code/Act ….. of ……….. and was sentenced to ……………… and whereas the sentence was
confirmed/modified by me the Sessions Judge/Magistrate of …… on appeal, and whereas the said
sentence/said sentence as so confirmed or modified on appeal has been modified by the High Court
of Judicature at Madras on appeal / revision into a sentence of ……………………………

This is to authorize and require you, the said Superintendent/ Officer in charge to
detain/receive the said ……………. in your custody in the said prison together with this warrant and
there carry the aforesaid modified sentence of the High Court into execution according to law.

The warrant of commitment issued by me in regard to the aforesaid Prisoner in the

said calendar case/criminal appeal should be returned to me for cancellation.

The prisoner named above is classed as *…….

The prisoner named above is /is not a fit subject for confinement in the special prison for
habituals. +
++Diet-
(a) the diet to which the prisoner was accustomed according to his own statement
…………………………
(b) the diet recommended by the Magistrate…………………..
(c) brief reasons if rice or wheat is recommended………………………..
________________________________________________________________________________
* “Habitual” or “Casual”, as the case may be, should en entered here in the Magistrate’s or Judge’s
own handwriting.
 To be filled in only in the case “habitual” by a convicting Court (not below the rank of 1st Class
Magistrate) in an area for which a special prison for habituals has been appointed.
++Particulars to be entered in the Sessions Judge’s/Magistrate’s own handwriting.
 245

The distance from the prisoner’s residence to the nearest railway station / Prison is …....
kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand nearest to the
Prisoner’s residence is …. kms. (b) from the bus stand nearest to the prisoner’s residence to his
residence is ………kms.

The amount of bus fare under(a) above is Rs…………..

Details of the property on the person of the prisoner

I hereby certify that……………………… of the fine has been recovered.

Descriptive roll.

Name
Father’s name Particulars of previous
Sex, married or single convictions.
Race, religion and caste Section Sentence Court.
Previous occupation and Code
Age
Descriptive marks

Given under my hand and the seal of the Court, this …..day of …… 20…..

Release on bail by Court

1. Order Number and date.

2. Date of actual release
3. Date of re-arrest

Seal Sessions Judge/Magistrate

The prisoner was transferred to ……..Prison on……. under the Inspector-General’s Order
No…………, dated ……..20…. Remission earned up to the end of the preceding quarter is .....
days.
Superintendent
The prisoner was transferred to ……….…. Prison on …………….. under Rule 579 of the Tamil
Nadu Prison Manual, Volume II. Remission earned up to the end of the preceding quarter is
.....days.

Superintendent
Solitary confinement
From To Number of days Total undergone Superintendent’s initials
 246

I hereby certify that the within named prisoner, has this day, been served with an order
directing him to notify his residence to the Police for year ……from this date.

The following address was furnished by the prisoner on release:-

Street Village
Taluk District
Superintendent
The order has been duly served on me.

Signature or left thumb-impression

of the prisoner
Prison
Dated ……20..
Prison I hereby certify that the sentence passed
Date of admission to prison on the prisoner named in this warrant has been
Number executed according to law and that he has, this
Name day, been released from custody on*…. or
having earned …. days’ remission.
Sentence
Date of sentence
Date of release
Prison

Dated 20 .. .

Release on bail or escape and re-admission may be noted below:-

Jailor Superintendent

NOTE.–In filling up the particulars under head “5. Previous occupation” in respect of
females, Courts shall use the same classes of previous occupation as are adopted for males.

NOTE.–In the case of a Judgment or order passed by the High Court on a revision petition
against the finding, sentence or order of an appellate Court, the appellate Court and not the trial
Court should give directions to the Superintendent or the Officer-in-charge of the prison.

….............................................................................................................................................................

*Appeal/Expiry of sentence/bail
 247

Judicial Form No.40

(See Rule 131)

WARRANT OF RELEASE OF PRISONER ON APPEAL OR IN REVISION BY

THE HIGH COURT

(Sections 388 and 405, Cr.P.C.)

IN THE COURT OF........................

To

The Superintendent / Officer in charge of the…………. Prison at ….......................

Whereas, on the .................. day of …............ 20..., the prisoner in Case

No........of the Calendar for 20...., was convicted before me, the Sessions Judge /
Magistrate of …...................... for the offence of …............ punishable under Section
…......... of the Indian Penal Code/Act No..... of ….. and was sentenced to
…............................ and whereas, the sentence was confirmed/modified by me, the
Sessions Judge/Magistrate on appeal and whereas, the said sentence/said sentence as
so confirmed or modified on appeal, has been reversed by the High Court of
Judicature at Madras on appeal/in revision.

This is to authorize and require you to release the said prisoner …....................
from your custody unless he is liable to be detained for some other cause.

Given under my hand and the seal of the Court, this …............ day of 20.. .

Seal
Sessions Judge/Magistrate

N.B. – The Superintendent, …..….. Prison, should at once return the warrant with
which the prisoner was committed to his custody.

Note: In the case of a judgment or order passed by the High Court on a revision
petition against the finding, sentence or order of an appellate Court, the appellate
Court and not the trail court should give directions to the Superintendent or Officer-in-
charge of the Prison.
 248

Judicial Form No.41

(See Rule 125)

FORM OF AN ORDER SUSPENDING SENTENCE

(Section 389, Cr.P.C.)

IN THE COURT OF ….........

The ….... day of …....... 20.....

Petition of Appeal No. ….. of 20... , against the conviction and sentence by the …......
Magistrate of ….......... under Section …..... of the Indian Penal Code/ Act No...... of
…... in Case No............. of the Calendar for 20...

Appellant.

vs.

Respondent

Application having been made to this Court by the Appellant for the suspension
of the sentence passed upon him, upon perusing the petition of appeal and the copy of
the judgment of the Lower Court, and upon hearing …..................................., I do
order that as respects the said …..........................................., the said sentence be
suspended until the further order of this Court in the appeal.

Seal

Sessions Judge/Magistrate

To

The Superintendent of the ….... Prison at …...........

 249

Judicial Form No. 42

(See Rule 16)

BAIL BOND

(Section 389 or 441, Cr.P.C.)

(a)IN THE COURT OF …......................

Criminal Appeal/Sessions Case No. …. of …..

(Criminal Miscellaneous Petition No.........of 20.........)

Calendar / Sessions Case No. ……. of 20…..on the file of the … Magistrate/Sessions
Judge of ….….....

State
versus….

Accused

To

(b)THE COURT OF …........................

Whereas I have been convicted/committed by the …..... Magistrate/Sessions

Judge of …............ of the offence/on a charge of …….. punishable under Section …..
of the Indian Penal Code/Act …. of ….... and sentenced to rigorous imprisonment for
…..... and to pay a fine of Rs. ….. in the above case and whereas, I have, on preferring
the above appeal/petition, been admitted to bail by the said Court of (a) …............ in
its order, dated the …....... day of 20....

I do hereby bind myself to attend before the said Court or any other Court to
which the appeal or the Sessions Case may be transferred at 11 a.m. on …. (day), the
….. day of 20....., or whenever required by the said Court or the ….......... Court of
(b) ……. pending, execution of the order of the Court of Appeal/Trial
and in the case of my making default herein, I bind myself to forfeit to the State, the
sum of Rupees ….............

Dated this ….... day of …........20 …...

(Signature and thumb-impression of the accused.)
 250

We, the marginally named persons, hereby declare ourselves sureties for the
abovenamed accused, and we do hereby bind ourselves to produce him before the said
Court or any other Court to which the appeal or the Sessions Case may be transferred
or the Court of …....... (b)...................on the day fixed or whenever called upon by the
said Court or the Court of (b) ….... pending execution of the order of the Court of
appeal/trial and in case of our making default therein, we, the said sureties hereby
bind ourselves to forfeit to the State, each of us, the sum of Rupees..............

Signature of the sureties.

Executed this …... day of .......... 20 …

Sessions Judge/Magistrate
To
The Superintendent, …..... Prison at ……….
(To obtain the signature of the accused and return the bail bond for record
in this office.)

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sureties
Father’s
Number Name Caste Age Calling Residence Remarks
name

Note – (a) The name of the Court in which the appeal or Sessions Case is filed should
be entered.

(b) The name of the Court to the satisfaction of which bail is furnished should be
entered.
When the appeal or the Sessions Case is transferred to another Court, the Court
from which the appeal or the Sessions case is transferred shall inform the accused and
the sureties of such transfer.
 251

Judicial Form No. 43

(See Rule 300)

NOTICE

(Section 403, Cr.P.C.)

IN THE COURT OF ….............

Criminal Revision Petition No. …...... of 20......

To
The Petitioner.

The Respondent.

The Public Prosecutor.

Notice is hereby given that the above petition presented for revision of the order of

the …................ under section …............Code of Criminal Procedure, 1973 (Central

Act 2 of 1974) will be heard at …..................on the ….... day of ….. 20.. at ….. a.m.

The .... day of ………..20 … .

Sessions Judge/Chief Judicial Magistrate

 252

Judicial Form No.44

(See Rule 300)

NOTICE

(Sections 408 to 412, Cr.P.C.)

IN THE COURT OF THE ….......... MAGISTRATE OF …..........

Petitioner Respondent

Complainant/ Accused/Complainant in
Accused in C.C.No.......of 20 …..., C.C.No........of 20 ...
on the file of the Magistrate of ….. on the file of the Magistrate of …..

Take notice that an application has been made to this Court for the transfer of
C.C.No........ of 20...., on the file of the ….......... Magistrate of ….......... and that the
application will be heard on the …. day of 20 …., at …...a.m.

Station :

Dated : ......... 20....

Judge/Magistrate
 253

Judicial Form No.45

(See Rules 70 and 208)

FORM OF WARRANT ON A SENTENCE OF IMPRISONMENT FOR LIFE

(Section 418, Criminal Procedure Code)

IN THE COURT OF SESSION,...............DIVISION

To
The Superintendent of the …......... Prison at ….......................

Whereas at the Sessions held before me on the …......day of …......20.... , prisoner in

Case No............of the Calendar 20…. at the said sessions (Crime No...of ….........Police
Station) was duly convicted of the offence under Section …. of the Indian Penal Code/ Act
No.... of …... and was sentenced to imprisonment for …....................................

This is to authorize and require you the said Superintendent to receive the said
….......... into your custody in the said prison together with this warrant and there safely to
keep him until he shall be delivered over by you to the proper authority and custody for the
purpose of his undergoing the punishment of imprisonment for life under the aforesaid
sentence.

I.*Diet-

(a) the diet to which the prisoner was accustomed according to his own statement……
(b) the diet recommended by the Sessions Judge………..
(c) Brief reasons if rice or wheat is recommended…………………

II. The distance from the prisoner’s residence to the nearest railway station / prison is
….kms..

The distance (a) by bus from the nearest railway station/prison to the bus stand nearest
to the prisoner’s residence is …... kms. (b) from the bus stand nearest to the prisoner’s
residence to his residence is …...kms..
The amount of bus fare under (a) above is Rs.............
_________________________________________________________________________
* Particulars to be entered in the Sessions Judge’s own handwriting
 254

III. Details of the property on the person of the prisoner.

IV. I hereby certify that …......of the fine has been recovered.
V. Descriptive roll.
Name
Particulars of previous convictions
Father’s Name
Sex, married or single Section and Sentence Court
Code
Race, religion and caste
Previous occupation
Age
Descriptive marks
Given under my hand and the seal of the Court, this …..day of …........ 20...
Release on bail by Court

1. Order Number and date.

2. Date of actual release
3. Date of re-arrest

Sessions Judge
Seal

The prisoner was transferred to ….….. Prison on …............ under Inspector-General’s

Order No. …... dated …...20... . Remission earned up to the end of the preceding quarter is
.... days.
Superintendent

The prisoner was transferred to ……….…. Prison on …………….. under Rule 579 of the
Tamil Nadu Prison Manual, Volume II. Remission earned up to the end of the preceding quarter is
…... days.

Superintendent

I hereby certify that within named prisoner has this day been served with an order
directing him to notify his residence to the Police for ........years from this date.

The following address was furnished by the prisoner on release:-

Street ….............. Village..................

Taluk …............... District..............
Superintendent
 255

The order has been duly served on me.

Signature or left-thumb
Impression of the prisoner. Prison

Dated ………. 20…

Prison
Date of Admission to Prison I hereby certify that the sentence
Number passed on the prisoner named in
Name this warrant has been executed
Sentence according to law and that he has
Date of Sentence this day been released from
Date of release custody on*...................
or having earned..... days’
remission.
Prison

Dated …………..20…………

Jailor.

Release on bail or escape and re-admission may be noted below.

Superintendent

_______________________________________________________________________
* Appeal/Expiry of sentence/Bail.
 256

Judicial Form No.46

[See Rule 14(4)]

APPLICATION FOR SURETYSHIP

IN THE COURT OF THE .......................... JUDGE/MAGISTRATE.................

Miscellaneous Petition No. .. . . . of ...... 20...

in
Case No.. . . . of ........ 20

State represented by........ Complainant

(Cr. No. …. of 20.... of …........ Police Station)
vs.

............. Accused

I (Name of Surety) . . . . . . . . . . . . . solemnly affirm and state as follows:

1 I beg to offer myself as a Surety for Accused No.... (Full name of the
accused)............................. who is charged under Section ...................... and who has been
ordered to be released on bail in the sum of Rs...................... (in words) with the .................
Surety/sureties in the like amount, by the Judge/Magistrate, …......... on ................. 20 ........

2 I give below certain particulars concerning myself:

(A) Full name of the Surety :

Qualifications, if any :
Full residential address
Period for which Surety has been residing at :
the above address
Rent paid for the residence :
Whether the rent bill/property tax receipt of :
the residence stands in the Surety's name

(B) Occupation or business :

Full business address :
Nature and extent of business and surety's :
share therein
Rent paid for the place of business :
Whether the rent bill/property tax receipt of :
the place of business stands in the Surety's
name
 257

(C) Name and address of the employer, if the :

Surety is in service
Full address of the place of service :
Amount of monthly pay and allowances :
drawn
Length of service with the employer :
Amount of Provident Fund; if any, at :
Surety's credit

(D) Full particulars of house property owned, if :

any, its location, rateable value and the
Surety's share or interest therein and
whether it is in any way encumbered.

(E) Amount of Income Tax paid during each of :

the last three years
Banking accounts, if any :
Amounts now lying in each Banking :
account:

(F) Length of time for which the Surety has :

known the Accused personally
Whether the surety is related to the :
Accused, if so, how?
Whether the Surety has stood surety for any :
other person in the preceding six months.
If so, state the names of the parties; the
amount for which the Surety has stood
surety for them: the Court and the number
of the case against those accused; and
whether the case or cases against those
persons are pending or have concluded;
Whether the Surety has, at any time, made :
an application for suretyship which was
rejected, if so, give the particulars thereof;
Whether the surety is (or has been) involved :
in any Civil litigation.
Whether the Surety himself has been :
concerned in any case as an accused person,
if so, give particulars of the case.

(G) Any other particulars in regard to the status :

of the Surety or his income and assets,
which the Surety may desire to give:
 258

3 I produce the following proof in support of my statements and give particulars of the same as
below
Rent bills of place of residence, Ration Card, Rent bills of place of business
Deed of partnership or other documents relating to business, Certificate from the employer,
Certificate of amount in the Provident Fund, Title Deeds of properties,
Municipality/Panchayat bills of the Properties, Bank pass books, Income Tax payment
receipts
Other proof

3A As per sub-rule (4) of rule 14, I produce one of the following documents mentioned below:
(i)Passport
(ii)Identify card issued by the Election Commission of India
(iii)Permanent Account Number Card i.e., PAN Card issued by the Income Tax Department
(iv)ATM /Debit Card or Credit Card issued by any Nationalised or Private Bank of standing
at the National Level, having photograph of the holder thereon may be accepted in
conjunction with any other authentic document like telephone bill or electric bill as proof of
residential address.
(v) Identity Card issued by the Government Authorities or the Public Statutory Corporations.
(vi)Any such document, which is ordinarily issued by an Authority after due verification of
the identity of the person and his address, which the Judge or the Magistrate may think just
and proper, in the interest of justice, by recording specific reasons.

(3B) As per sub-rule (6) of Rule 14, I produce two copies of my latest passport size photograph.

4 I hereby declare that I have not stood surety before/stood surety for …........ person
(give all the relevant particulars)

5 I pray that I may be accepted as a Surety for the above mentioned accused in the sum
of Rs........................ (in words) ..................

Solemnly affirmed at .................. this........ day of …..... 20 ......

Identified by:
Before me: Signature of Surety
(Signature of Surety Advocate)
 259

Judicial Form No. 47

(See Rule 300)

WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED

PERSON ADMITTED TO BAIL

(Section 446, Cr.P.C.)

IN THE COURT OF ….................

Case No..........of 20....

To
The Superintendent/Officer-in-charge of the Civil Prison at …................

Whereas …..................................... of …....................... has bound himself as a

surety for the appearance of …...............and the said...........................has therein made
default whereby the penalty mentioned in the bond has been forfeited to the State and
whereas the said …................... has, on due notice to him, failed to pay the said sum
or show any sufficient cause why payment should not be enforced against him, and
the same cannot be recovered by attachment and sale of movable property of his, and
an order has been made for his imprisonment in the Civil Prison for …............

This is to authorize and require you, the said Superintendent/Officer-in-charge

to receive the said …............................................................... into your custody with
this warrant and safely to keep him in the said prison, for the said period of
............................... and to return this warrant with an endorsement certifying the
manner of its execution.

Given under my hand and seal of the Court, this …... day of ….. 20...

Judge/Magistrate
Seal.
 260

Descriptive roll.
1.Name.
2.Father’s name.
3.Sex, married or single.
4.Race, Religion and Caste.
5.Previous occupation.
6.Age,
7.Descriptive marks.
*Diet-
(a) the diet to which the prisoner was accustomed according to his own
statement …………….
(b) the diet recommended by the Sessions Judge/ Magistrate………………..
(c) brief reasons if rice or wheat is recommended. …………..….

The distance from the prisoner’s residence to the nearest railway station / Prison
is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand
nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the
prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner.

Judge/Magistrate

NOTE: In filling up the particulars under the head “5. Previous Occupation” in
respect of females, Courts shall use the same classes of previous occupation as are
adopted for males.

*Particulars to be entered in the Session Judges/Magistrate's own handwriting.

 261

Judicial Form No. 48

(See Rule 300)

WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE

PEACE OR TO BE OF GOOD BEHAVIOUR OR TO APPEAR BEFORE
A COURT

(Section 446, Cr.P.C.)

IN THE COURT OF THE …..........MAGISTRATE OF ….....

Case No............... of 20....

To
The Superintendent/Officer-in-charge of the Civil Prison at …..............

Whereas proof has been given before me and duly recorded that has committed
a breach of the bond entered into by him to be of good behavior/to keep the peace (or
to appear before the Court of …........... on ….................. ) whereby he has forfeited to
the State the sum of Rupees ….....................and whereas the said ….................... has
failed to pay the said sum or to show cause why the said sum should not be paid,
although duly called upon to do so, and payment thereof cannot be enforced by
attachment of his movable property and an order has been made for the imprisonment
of the said …............ in the Civil Prison for the period of …..............

This is to authorize and require you, the said Superintendent/Officer-in-charge

of the said Civil Prison to receive the said …............... into your Custody, together
with this warrant, and safely to keep him in the said Prison for the said period of …....
and to return this warrant with an endorsement certifying the manner of its execution.

Given under my hand and seal of the Court, this ... day of ….....20..

Magistrate.
Seal
 262

Descriptive roll.
1.Name.
2.Father’s name.
3.Sex, married or single.
4.Race, Religion and Caste.
5.Previous occupation.
6.Age,
7.Descriptive marks.
*Diet-
(a) the diet to which the prisoner was accustomed according to his own
statement …………….
(b) the diet recommended by the Sessions Judge/ Magistrate………………..
(c) brief reasons if rice or wheat is recommended. …………..….

The distance from the prisoner’s residence to the nearest railway station / Prison
is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand
nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the
prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner

Magistrate.

NOTE- In filling up the particulars under the head “5. Previous

Occupation” in respect of females, Courts shall use the same classes of previous
occupation as are adopted for males.

*Particulars to be entered in the Magistrate's own handwriting.

 263

Judicial Form No.49

(See Rule 300)
WARRANT OF IMPRISIONMENT ON FORFEITURE OF BOND FOR GOOD
BEHAVIOUR OR TO KEEP THE PEACE
(Section 446, Cr.P.C.)
IN THE COURT OF THE …....... MAGISTRATE OF …............
Case No. ….. of 20.....
To
The Superintendent/Officer-in-charge of the Civil Prison at …........

Whereas, …......................... did, on the …........ day of …..... 20 …., give

security by bond in the sum of Rupees …... that ….... should be of good
behaviour/keep the peace and proof of the breach of the said bond has been given
before me and duly recorded whereby the said …...... has forfeited to the State the
sum of Rupees........ and whereas he has failed to pay the said sum or to show cause
why the said sum should not be paid, although duly called upon to do so, and payment
thereof cannot be enforced by attachment of his movable property and an order has
been made for the imprisonment of the said ….... in the Civil Prison for the period of
…...
This is to authorize and require you, the said Superintendent/Officer-in-charge
to receive the said ….......................... into your custody together with this warrant and
safely to keep him in the said Prison for the said period of …............. returning this
warrant with an endorsement certifying the manner of its execution.

Given under my hand and the seal of the Court, this ….. day of ….. 20...

Seal

Magistrate
 264

Descriptive roll

1.Name
2.Father’s/Husband’s Name
3.Sex, Married or Single
4.Race, religion and caste
5.Previous occupation
6.Age
7.Descriptive marks

Descriptive marks.
*Diet-
(a) the diet to which the prisoner was accustomed according to his own
statement …………….
(b) the diet recommended by the Sessions Judge/ Magistrate………………..
(c) brief reasons if rice or wheat is recommended. …………..….

The distance from the prisoner’s residence to the nearest railway station / Prison
is ….... kms.

The distance (a) by bus from the nearest railway station/prison to the bus stand
nearest to the Prisoner’s residence is …. kms. (b) from the bus stand nearest to the
prisoner’s residence to his residence is ………kms.

The amount of bus fare under (a) above is Rs………

Details of the property on the person of the prisoner

Magistrate.

Note – In filing up the particulars under the head “5. Previous Occupation” in respect
of females, Courts shall use the same classes of previous occupation as are adopted for
males.

__________________________________________________________________

*Particulars to be entered in Magistrate’s own handwriting

 265

Judicial Form No.50

(See Rule 300)

BOND FOR RETURN OF PROPERTY

[Sections 451 and 452, Cr.P.C.]

IN THE COURT OF THE SESSIONS JUDGE/MAGISTRATE OF ….................

Calendar / Sessions Case No. …. of 20…

State represented by the ………….. Complainant

versus
…………… Accused

Whereas, I, ………, S/o ……….., residing at ………….., have received the property
or documents noted below in pursuance of the order of the Court dated…...... and hereby
bind myself that I will return the said property or documents to the Court when called on to
do, if order passed in the case is modified or set aside on appeal; and in the case of my
default herein, I, bind myself to forfeit to the State the sum of ….... Rupees.

Signature
EXECUTED BEFORE ME
Presiding Officer/Judge/Magistrate

Whereas …............. has received the property or documents Noted below in

pursuance of the order of the Court, dated …......

We (1) …............ residing at …........... and (2) …...................... residing at

….......... hereby bind ourselves jointly and severally that the said ….........................
will return the said property or document to the Court when called on to do, if the order
passed in the case is modified or set aside on appeal; and in the case of the said …......
making default herein, we, the said (1) ….......... and (2) …............ bind ourselves jointly
and severally to forfeit to the State the sum of ….... Rupees.
Signature (1)…………..

(2)……………
List of properties or documents:
………………………………………

Executed before me.

Presiding Officer/ Judge/Magistrate

Station :
Date: ……...... 20..
 266

Judicial Form No.51

(See Rule 300)

NOTICE

(Section 452, Cr.P.C.)

IN THE COURT OF THE …............ MAGISTRATE OF ….....

In C.C.No. ….....of 20..

To

………………….

Notice is hereby given that the undermentioned property is ordered by the Court
of ........................... to be restored to you and that you should appear and take of it at
an early date.

Description of the property

Dated the ….... day of …......20 ... .

Magistrate
 267

Judicial Form No.52

(See Rule 300)

PROCLAMATION RELATING TO UNCLAIMED PROPERTY

(TO BE ISSUED UNDER SECTION 457, CR.P.C.)

PROCLAMATION is hereby made that …...........has been seized under the

provisions of section …........ of the Code of Criminal Procedure, 1973 (Central Act 2

of 1974) at the house of ….......in the street of …... in the village / town of …........and

is now lying at …..... in charge of …...............

Any person having a claim to the aforesaid property is hereby required to

appear before me and establish the same within six months of this date, failing which

the said property will be held at the disposal of Government and will be sold.

Dated the ….. day of …......20...

Magistrate
 268

Judicial Form No.53

(See Rule 42)
DEPOSITION OF WITNESS
(Chapter XXIII, Cr.P.C.)
IN THE COURT OF …...........................
Calendar
Miscellaneous
Preliminary Register Case No…….. of 20..
Sessions

Prosecution
Depositions of …........witness for …........ Defence
Court

Name
Father’s name
Village
Taluk
Caste
Calling
Religion
Age

Solemnly affirmed in accordance with the provisions of the Oaths Act, 1969 (Central
Act 44 of 1969) on the …... day of …... 20....
Signature of witness
Name of the Interpreter:

Solemnly affirmed in accordance with the provisions of the Oaths Act, 1969
(Central Act 44 of 1969) on the …... day of …... 20....
Signature of Interpreter
 269

Judicial Form No.54

(See Rule 300)

FORM OF ORDER FOR DETENTION OF YOUTHFUL/ADOLESCENT

OFFENDERS IN CERTIFIED/BORSTAL SCHOOLS

It is hereby found that (name of the offender) ……………. convicted by the

…............... Law and sentenced to imprisonment is a youthful/adolescent offender

under …. years of age.

He is hereby directed to be sent to a Junior/Senior/Borstal Certified School and

to be there detained for a period of ….. years.

Descriptive roll.
1. Name:
2. Father's name/Husband's name
3. Sex, married or single.
4. Race, religion and caste.
5. Previous occupation.
6. Age
7. Descriptive marks

NOTE:- At least three marks of identification must be given.

Dated this the ….... day of …....... 20.......

Sessions Judge/Magistrate
Seal
 270

Judicial Fom No. 55

[See Rules 201 and 204(C)(4)]

ORDER FOR PAYMENT OF COMPENSATION MONEY

I, ..........................., Magistrate of .............................................., hereby certify

that ................. complainant in Calendar Case No........... of .................., on the file of
my Court, is entitled to receive payment of Rs....................... from .............. Treasury,
being the amount of compensation awarded to him under Section .......... of
...................... from the fine imposed on the prisoner in the said case and remitted
into the above Treasury on ............in Challan No. ..........

I further certify that:

1 the sentence and award are not subject to appeal, the award has been
confirmed by the Appellate Court, the order as to compensation has been modified
on appeal and the payment order is in conformity with such order,
and
2 that no order has been received from the Court of Revision modifying or
reversing the order of compensation
or

the order has been modified in revision and the payment order is in accordance
with such order on revision.

Dated ..... day of........ 20...

Magistrate
 Judicial Form No. 56

(See Rules 70 and 74)

MEMORANDUM

Sentenced to...... year's / month's rigorous imprisonment With reference to the warrant issued by this
and to pay a fine of Rs............and in default of payment Court,dated the …...day of …... 20...., directing the
to....... year's / month's further rigorous imprisonment. execution of the marginally noted sentence passed on
…...... prisoner in Calendar Case No. …...of 20...,
intimation is hereby given that the sum of Rupees
…... being the whole/part of the fine imposed on the
said.................................................................... has
271

been realized. Receipt of this intimation should be

acknowledged and the information endorsed on the
warrant.

Dated …......20....
Sessions Judge/
Magistrate
To
The Superintendent of the …............. Prison, at........
 272

Judicial Form No.57

[See Rule 30(5)]

LETTER ACCOMPANYING A RECORD AND MEMORANDUM OF

ACKNOWLEDGMENT

D. No…… of …… dated the ……… 20..

From ………….

To ………………

Sir,

I am to forward / return herewith by*…….. the original record of the case,

noted on the margin, + …… called for in/received with your ….. No……….. dated
the ……………

Signature and designation of the Officer.

Memorandum of acknowledgment

Received the record forwarded with letter No……….. dated……… of 20…

from the ……………………of ………………………..

Signature and designation of Receiving Officer.

Dated:……………..20… .

*
Here state the method of despatch.
+
Note also on the margin, the number of files and pages in each file.
 273

Judicial Form No.58

See Rule 264 (11)

NOTICE TO TAKE BACK DOCUMENTS

IN THE COURT OF..........................................

Case No…………of 20…

of Complainant/Appellant
versus

of Accused/Respondent

The parties in the above case are hereby required to take back into their custody
within six months from the date hereof, the documents now in the custody of Court
filed by them as evidence in the above case, the Judgment (or order) now having
become final. The parties are hereby informed that the documents are kept at their
own risk, that the Court, from this date declines all responsibility for their safe
custody and that, if not taken back, they will be destroyed when the record is
destroyed.

The ……day of ……………..20….

Presiding Officer

To

……………..
 274

Judicial Form No.59

[See Rule 276 (2)]

COURT’S CERTIFICATE TO BE GIVEN TO GOVERNMENT OR LOCAL

FUND SERVANTS WHO ATTEND COURT AS WITNESSES

IN THE COURT OF……………….

Certified that *……………………. + …………….. appeared before me as a

witness on behalf of ………… in a Civil/Criminal Case for …… days from ………..

to ……………. in his ¥
…………….capacity to depose to facts within his ………

knowledge and that he has been paid $ …………….the undermentioned allowances:-

As travelling allowance Rs……………..

As subsistence allowance Rs………………
Date.
Presiding Officer of the Court
Note: (1) Government officers summoned to give evidence in their private capacity,
i.e., to depose to facts not coming to their knowledge in the course of their official
duties or with which they have not had to deal officially, are not entitled to travelling
allowance from Government.
(2) In civil cases to which the State is not a party, official witnesses appearing at the
instance of a private party will be paid by the party through the Court and the fact
certified as in the case of a payment by the State.

*
Name
+
Designation
¥
Here state whether official or Private
$
If nothing is paid under either head, it should be clearly stated.
 275

Judicial Form No.60

(See Rules 81 and 82)
CALENDAR AND JUDGMENT
(For use in cases where there is one or more accused person)
District of..........................
Calendar of cases tried by the Metropolitan/Judicial Magistrate of Egmore / George
Town / Saidapet / ………………..

Date of

Comme Explanation of
Report or Apprehension Release Close of Sentence delay and remarks
Offence ncement
Complaint of accused on bail trial or order
of trial

Judgment in Calendar Case No…………… of 20….., on the file of the

……..Metropolitan Magistrate of Egmore/George Town/ Saidapet, Chennai /………..
Magistrate of …………………
Complainant ………………………
Name of accused Age Father’s Name

Yrs.

Caste or religion Calling Residence Taluk

 276

Offence-
Finding-
Sentence-
Date of Receipt-
Magistrate
From
The ………Magistrate of ……….
Remarks of the Chief Judicial Magistrate /
Chief Metropolitan Magistrate

To
The District and Session Judge/
The Principal Judge
Through
The Chief Judicial Magistrate /
Chief Metropolitan Magistrate

Calendar Case No. ……. of 20..

Date of Judgment …………
Date of despatch of Calendar ….
Date of receipt ………….

Date of Despatch: …………

Date of Receipt: …………

Remarks of the Chief Judicial Magistrate /

Chief Metropolitan Magistrate

Reply of the …………… Magistrate, ……………….

Date of Despatch: …………

Date of Receipt: …………
 277

Judicial Form No.61

(See Rule 106)
IN THE COURT OF THE........................................................................
JUDGMENT IN SESSIONS / CALENDAR CASE No.…… of ….
ON THE FILE OF THE ………. SESSIONS COURT/MAGISTRATE OF ………..

Complainant -
Accused -
Offence -
Finding -
Sentence -
Description of the accused
Serial
number Father’s Caste or Occupation Residence Age
Name
name race

(1) (2) (3) (4) (5) (6) (7)

Date of
Explanation
Apprehension Release on Commencement Close of Sentence or of delay
Occurrence Complaint
or appearance bail of trail trail order

(8) (9) (10) (11) (12) (13) (14) (15)

Judge/Magistrate
 278

Judicial Form No.62

(See Rule 138)
IN THE COURT OF …................................
The…...... day of .......20….
PRESENT:- ……………………..
Sessions Judge/Magistrate

Judgment in Criminal Appeal No………. of ……..

From what Court the Appeal is preferred :
Number of the Case in that Court :
Number of the Appeal :
Name and description of the Appellant :
The sentence and law under which it was imposed in the lower court:

Whether confirmed, modified or reversed; and if modified the modification:

Date of, or on which

Notice Bail bond if

Appellant
issued by appellant
Presentation Filing ordered to Hearing Order
Court to has been let
appear
appear out on bail

This appeal coming on for hearing before me, upon perusing the petition of
appeal and the record of the evidence and proceedings, and upon duly considering the
same after hearing the ……….., I do adjudge and pass the following

JUDGMENT
 279

Judicial Form No. 63

[See Rule 252 (6)(i)]
INDEX

IN THE COURT OF SESSION ……………. DIVISION

SESSIONS CASE No…… of 20…
English part of Sessions record

Serial
Description of paper Page
No.

1 The Charge ………………………………..

2 The plea of the accused ………………………..

(1)

(2)

3 Record of oral evidence for prosecution -

 First witness

 Second witness

 Third witness
4 Examination of accused
5 Record or oral evidence for defence–

 First witness
6 Exhibits–

(a)Documents used in evidence

A.––

B.––

(b)Material objects produced in evidence,

7 Judgement …………………………………
8 Other miscellaneous papers :

Dated :

Sessions Judge
 280

Judicial Form No. 64

[See Rule 254 (2)]

LIST OF MATERIAL OBJECTS

IN THE COURT OF SESSION, ………… DIVISION.

Sessions Case No. …….of 20…...

(P.R.C. No. ……..of 20… on the file of the ………. Magistrate,……..)

Item of
Item of reference
Mark Mark reference in in the letter Mark
given in Given the letter to to the given by
the in the the Chemical Description Remarks
Serologist the
Sessions Order of Examiner Serologist
Court commitment (vide (vide
Exhibit ) Exhibit )

1 2 3 4 5 6 7

Sessions Court
Serishtadar.
NOTE:
(a) The list should include all objects exhibited in the Sessions trial.
(b) Every object should have affixed to it a label containing a brief description and the mark
assigned to it in the Sessions Court. The label should be pasted on or securely fastened to the
object. Each object should be kept in a separate cover or other receptacle.

(c) The description in column 6 should be sufficiently full to secure easy identification.

(d) Weapons should be accurately described by their specific names.

(e) Valuables should be sent separately by insured post.

(f) Under column 7, it should be explained where or from whom the object is alleged by the
prosecution to have been recovered.

(g) The pasting of labels or the packing should not interfere with the marks of blood, etc., and
detract from the probative value of the object.
 281

Judicial Form No. 65

[See Rule 252(6)(ii)]
INDEX
IN THE COURT OF SESSION, ………..DIVISION
Session Case No. ……….of 20….
(Part of Sessions Records in Regional Language)
S.No. Description of paper Page
1 The Charge ………………………………..
2 The plea of the accused ………………………..
(1)
(2)
3 Record of oral evidence for prosecution -

 First witness

 Second witness
 Third witness
4 Examination of accused
5 Record or oral evidence for defence–
 First witness
6 Exhibits–
(a)Documents used in evidence
A.––
B.––
(b)Material objects produced in evidence,
7 Judgement …………………………………
8 Other miscellaneous papers :

Dated: ………….20… . Sessions Judge

 282

Judicial Form No. 66

(See Rule 300)

WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH.

To
The Superintendent (or Keeper) of the …………….Prison at…………………..

Whereas at the Session held before me on the …. day of ….. 20…, the Prisoner
in Case No……of the Calendar 20… at the said Session (Crime
No……………of……………….Police Station) was duly convicted of the offence of
culpable homicide amounting to murder under Section …… of the Indian Penal Code
and sentenced to suffer death subject to the confirmation of the said sentence by the
High Court of Judicature at Madras;

This is to authorize and require you (the said Superintendent or Keeper) to

receive the said …………………. into your custody in the said Prison together with
this warrant and keep him there safely until you shall receive the further warrant or
order of this Court, carrying into effect the order of the said High Court.

Descriptive roll.

1 Name.
2 Father’s name/ Husband’s name
3 Sex, married or single.
4 Race, religion and caste.
5 Previous occupation.
6 Age.
7 Descriptive marks.

(NOTE –– At least three identification marks must be given.)

Given under my hand and seal of the Court, this …… day of …… 20…

Seal

Sessions Judge
NOTE –– In filling up the particulars under the head “5. Previous Occupation” in
respect of females, Courts shall use the same classes of previous occupation as are
adopted for males.
 283

Judicial Form No.67

(See Rule 300)

SUBPOENA TO WITNESS (ON COMMISSION)

IN THE METROPOLITAN MAGISTRATE’S COURT,

Egmore/George Town/Saidapet, Chennai

No......... of …........

No.

To
…..........

Whereas a Commission has been duly issued from the ….........................of

…...........requesting the Metropolitan Magistrate of Chennai to examine you on certain
interrogatories accompanying the said Commission and connected with a case of
…............ pending before the ….................

You are hereby summoned to appear before this Court on the …. day of ….... 20..
next at 11 o’clock in the forenoon to be examined as aforesaid.

Given under my hand and the seal of the Court, this …. day of …...
20 ….. .

(By order of the Court)

Seal Head Ministerial Officer

 284

Judicial Form No.68

(See Rule 49)

EXHIBITS INDEX

IN THE COURT OF ...................................

Case No.......... of 20.......

Date, when
the exhibit By
S.No. of Description of the How
was whom Remarks
the exhibit exhibit and its date marked
filed in the filed
case
 285

Judicial Form No. 69

(See Rule 300)

CHIEF METROPOLITAN MAGISTRATE’S COURT, EGMORE, CHENNAI

Date:.............

CERTIFICATE

Certified that Sri …....... declared before me on …......... as Publisher of

….............. (language) …........... (periodical) entitled ….................... under Section

5 of the Press and Registration of Books Act, 1867 (Central Act 25 of 1867).

Chief Metropolitan Magistrate

To

…..............
 Judicial Form No.70

(See Rule 58)

REGISTER OF PROPERTIES DEPOSITED IN THE

METROPOLITAN MAGISTRATE COURT, EGMORE/GEORGETOWN/SAIDAPET, CHENNAI

Designation
Signature
Number of of the
Initials of of the party Initials of
the case to Court from Description
Date of the Cashier Manner of to whom Magistrate
which the which the of the Remarks
receipt in token of disposal the for final
property property property
receipt property is disposal
relates has been
delivered
received
(1) (2) (3) (4) (5) (6) (7) (8) (9)
286
 287

Judicial Form No.71

[See Rule 27(4)]

IN THE COURT OF ..............................

Case No........... of .................

Petitioner/Accused/Appellant

vs.

Respondent/Complainant/Respondent

MEMORANDUM OF APPEARANCE

I/We declare that I/We have been duly instructed to appear on behalf of the
above named petitioner/accused/appellant in this case.

Station:
Dated: Counsel for petitioner/accused/appellant

Address for service with Name and address of the

Enrolment No., mobile party with mobile no.
number and email id
 288

Judicial Form No.72

[See Rule 27(6)]

VAKALATHNAMA

IN THE COURT OF ......................

Case No. ........... of ..............

Petitioner/Accused/Complainant

vs.

Respondent/Complainant/Accused

I/we do hereby appoint and retain Mr./Ms./Mrs./M/s. ................................ to appear for

me/us in the above case on my/our behalf and to plead and I/we further empower
him/her/them to accept on my/our behalf, service of notice of all proceedings in the above
case, until disposal of the case.

[Signature/LTI of the Accused/

Complainant/Respondent]
I certify that the contents of this Vakalatnama were read over and explained in ......
(state the language) in my presence to the Executant who appeared perfectly to understand the
same and made his/her/ their signature in my presence .

Executed before this .....day of ..... ....... 20...

[Signature & Enrollment No.]
I / We accept the Vakalathnama.
[Advocate]
The address for service of the advocate with Name and address of the party(ies) with
Enrolment No., Mobile No. and email id. Mobile No. and email id, if any & any
Identity Card No.
 289

Judicial Form No.73

[See Rule 27(11)]

SPECIAL VAKALATHNAMA

IN THE COURT OF ......................

Case No. ........... of ..............

Petitioner/Accused

vs.

Respondent/Complainant

I / We, the accused in the above case, do hereby appoint and retain Mr./Mrs./Ms./M/s.
............... to appear and to plead guilty to the charge on my / our behalf / any of the acts on
my / our behalf and to pay the fine under Section 206 Cr.P.C.

[Signature / LTI of the Accused]

I certify that the contents of this Special Vakalathnama were read over and explained in
......... (state the language) in my presence to the Executant who appeared perfectly to
understand the same and made his/her/ their signature in my presence.

Executed before this .....day of ..... 20. . . .

Signature & Enrollment No. of attesting advocate

I / We accept the Special Vakalathnama.
[Advocate & Enrollment No.]
The address for service of the advocate with Name and address of the party(ies) with
Enrolment No., Mobile No. and email id. Mobile No. and email id, if any and any
identity Card No.
 290

Judicial Form No.74

(See Rules 22 and 24)
Bond under Section 88 Cr.P.C.

IN THE COURT OF THE ….......................................

Case No............. of................

I, ….............................., S/o / D/o / W/o …................... residing at …......................

(address), having appeared before this Court on receipt of summons, do hereby bind myself to
attend this Court or any other Court to which the case may be transferred for trial and to
continue so as to attend until otherwise directed by the Court, and, in case of my making
default herein, I bind myself to forfeit to the State, the sum of Rs............................

Dated this …................. day of ….................. 20....

Signature

Executed before me.

Presiding Officer/Judge/Magistrate

I/We do hereby declare myself/ourselves as surety/sureties for the above named

…....................., S/o / D/o / W/o …............. residing at …............................. (address) that
he/she shall attend before this Court or any other Court to which the case may be transferred
for trial and to continue so as to attend until otherwise directed by the Court, and, in case of
his/her making default therein, I/we hereby bind myself/ourselves jointly and severally, to
forfeit to the State, the sum of Rs.............................................

Dated this …......... day of …............... 20......

1........................
2........................

Signature of the sureties

Executed before me

Presiding Officer/Judge/Magistrate
 291

Judicial Form No.75

(See Rule 24-N.B. 2)

Bond under Section 437-A, Cr.P.C.

IN THE COURT OF THE ….......................................

Case No.....................................

I, ….............................., S/o/D/o/W/o …................... residing at

…...................... (address), hereby appearing before this Court for trial/appeal, do
hereby bind myself to appear before the higher Court as and when such Court issues
notice in respect of any appeal or petition filed against the judgment of this Court, and,
in case of my making default herein, I bind myself to forfeit to the State the sum of
Rs.....................
Dated this …................. day of ….................. 20. …...
Signature
Executed before me

Presiding Officer/Judge/Magistrate

I/We do hereby declare myself/ourselves as surety/sureties for the above named

…....................., S/o / D/o / W/o …............. residing at ….............................
(address) that he/she shall attend before the higher Court as and when such Court
issues notice in respect of any appeal or petition filed against the judgment of this
Court, and, in case of his/her making default therein, I/we hereby bind
myself/ourselves jointly and severally, to forfeit to the State, the sum of
Rs.............................................

Dated this …......... day of …............... 20......

1........................
2........................

Signature of the sureties

Executed before me

Presiding Officer/Judge/Magistrate
P.S.: This bond shall be in force
for six months from the date of its
execution.
 292

Judicial Form No. 76

[See Rule 252(15)]
IN THE HIGH COURT OF JUDICATURE (PRINCIPAL SEAT)AT MADRAS/
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
(CRIMINAL JURISDICTION)
Criminal Appeal No...... of …...
in
Case No..... of ….....
(on the file of the …........... Court, ….............)

…................................. Appellant
vs.
…................................. Respondent

MEMORANDUM TO SUBMIT RECORDS

The …................. Judge/Magistrate ….................................. is requested to
submit to the High Court, with the least possible delay, the material part of the records in
Case No......... of …........ on his file and is further requested to submit charges, deposition
of witnesses, statement under Section 313 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974) and judgment, if available, as soft copy, by email to the High
Court as well in the form of compact disc (CD)/digital versatile disc (DVD) or any other
device, for consideration in Criminal Appeal No...... of …..... on the file of the High
Court. The Judge/Magistrate is also requested to send photocopy of the material records
duly certified in all pages by the Head Clerk to be true photocopy.

High Court of Judicature, Madras/ Sub Assistant Registrar

Madurai Bench of Madras High Court (Criminal Side)
Date:...../....../........
To
The …................. Judge/Magistrate
….............................
_______________________________________________________________________
 293

Judicial Form No. 77

[See Rule 252 (15)]

IN THE HIGH COURT OF JUDICATURE (PRINCIPAL SEAT)AT MADRAS/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
(CRIMINAL JURISDICTION)
Criminal Revision Case No...... of …...
in
Case No..... of ….....
(on the file of the …........... Court, ….............)
…................................. Petitioner
vs.
…................................. Respondent
MEMORANDUM TO SUBMIT RECORDS

The …................. Judge/Magistrate ….................................. is requested to

submit to the High Court, with the least possible delay, the material part of the records in
Case No......... of …........ on his file and is further requested to submit charges, deposition
of witnesses, statement under Section 313 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974) and judgment, if available, as soft copy, by email to the High
Court as well in the form of compact disc (CD)/digital versatile disc (DVD) or any other
device, for consideration in Criminal Revision Case No...... of …..... on the file of the
High Court. The Judge/Magistrate is also requested to send photocopy of the material
records duly certified in all pages by the Head Clerk to be true photocopy.

High Court of Judicature, Madras/ Sub Assistant Registrar

Madurai Bench of Madras High Court (Criminal Side)
Date:..../...../........

To
The …................. Judge/Magistrate
….............................
 294

Judicial Form No. 78

[See Rule 293]

LIST OF DOCUMENTS FILED U/S 294(2) OF THE CODE

1 Calendar Case No. :

2 Name of the Court :
3 Name of Police Station :
4 Crime Number :
5 Station House Officer :
6 Name of accused :

The prosecution / accused in the above case proposes to adduce in evidence several documents
specified in the table below:

If copy,
Whether reason for Other
S. Nature of Date of By whom
original not remarks,
No. document document produced
or copy producing if any
original

Signature of counsel for Prosecution/Accused

 295

Judicial Form No. 79

[See Rule 31(8)]

FORM OF COMMUNICATION REGARDING ARREST AND DETENTION OF A MEMBER

OF PARLIAMENT OR STATE LEGISLATURE

Place:..................
Date:....................
To
The Speaker, Lok Sabha, New Delhi/
The Chairman, Rajya Sabha, New Delhi/
The Speaker, Tamil Nadu Legislative Assembly, Chennai/
The Speaker, Puducherry Legislative Assembly, Puducherry

Dear Mr. Speaker/Mr. Chairman,

I have the honour to inform you that I have found it my duty, in the exercise of my powers
under Section ….... of the ….......... Act to direct that Mr./Ms./Mrs..............................., Member of
the Lok Sabha/Rajya Sabha/Legislative Assembly, be arrested/detained for ….......................
(reasons for the arrest or detention, as the case may be).

Mr./Ms./Mrs................. M.P./M.L.A. was accordingly arrested/taken into custody at

….................... (time) on ….......... (date) and is at present lodged in the …................ Prison,
…......... (place).

Yours faithfully,

Judge/Magistrate/Executive Authority
 296

Judicial Form No. 80

[See Rule 31(8)]

FORM OF COMMUNICATION REGARDING CONVICTION OF A MEMBER OF

PARLIAMENT OR STATE LEGISLATURE

Place:..................
Date:....................
To
The Speaker, Lok Sabha, New Delhi/
The Chairman, Rajya Sabha, New Delhi/
The Speaker, Tamil Nadu Legislative Assembly, Chennai/
The Speaker, Puducherry Legislative Assembly, Puducherry

Dear Mr. Speaker/Mr. Chairman,

I have the honour to inform you that Mr./Ms./Mrs..............................., Member of the Lok
Sabha/Rajya Sabha/Legislative Assembly, was tried at the Court before me on (a) charge(s) of
….......…................. (reasons for the conviction).

On …........ (date), after a trial lasting for …................ days, I found him guilty of
…........................... and sentenced him to …................ imprisonment for …....... (period).

His application for leave to appeal to …................... (Name of the Court) is pending
consideration.

Yours faithfully,

Judge/Magistrate
 297

Judicial Form No. 81

[See Rule 31(9)]

FORM OF COMMUNICATION REGARDING RELEASE OF A MEMBER OF

PARLIAMENT OR STATE LEGISLATURE

Place:..................
Date:....................
To
The Speaker, Lok Sabha, New Delhi/
The Chairman, Rajya Sabha, New Delhi/
The Speaker, Tamil Nadu Legislative Assembly, Chennai/
The Speaker, Puducherry Legislative Assembly, Puducherry

Dear Mr. Speaker/Mr. Chairman,

I have the honour to inform you that Mr./Ms./Mrs..............................., Member of the

Lok Sabha/Rajya Sabha/Legislative Assembly, who was convicted on …............. (date) and
imprisoned for …......... (period) for …...................................(reasons for conviction) was
released on bail pending prosecution/trial/appeal (or released on the sentence being set aside on
appeal as the case may be) on …............. (date).

Yours faithfully,

Judge/Magistrate/Executive Authority
 298

Judicial Form No. 82

[See Rule 257(1)]
PANCHANAMA
In the Court of the …........................., …..............
Case No. …....... of ….......
Name of Police Station :
Crime Number :
Offence under Section :
Name of the accused, if any :
Seized on :
Received on :
The undermentioned articles/properties/vehicles which are produced by the police, are
checked, received and entered in the Property Register in Administrative Form No.19 (C.R.
No.19) (in case of Judicial Magistrate Court) or in Judicial Form No.70 (in case of Metropolitan
Magistrate Court) as Item No. . . . . of 20...... and they have been photographed.

GOLD JEWELLERY/SILVER ARTICLES:

S.No. Description Weight assessed by

Appraiser (gms.)

OTHER ARTICLES:

S.No. Description

VEHICLES:

Registration No. :
Engine No. :
Chassis No. :
Insurer's name :
Insurance Policy :
No.

Other remarks :.................................................................................................

Dated this ….. day of ….... 20....

Signature of witness with name & address:

1..................

2................... Magistrate
 299

Judicial Form No. 83

[See Rule 6(13)]

Form of order for the Transit of an accused person

To

The Deputy Superintendent/Inspector of Police

............... Police Station
..................... District, ................. State

Whereas it appears that a charge against ..............(name of the accused) of an

offence(s) under Section ............... of the ................. is/are under investigation by the
............... police under the provisions of Chapter XII of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974) that such investigation cannot be completed within the period
of 24 hours fixed by section 57 of the said Code, and that there are grounds for believing that
the accusation/information against the said person is well founded and the accused having
been duly produced before this Court today, and this is to authorise you to take the said
............ (name of the accused) in custody for ....... days for being produced before the
............... Court sitting at ............. on the .... day of ......... 20.. at .... o' clock.

DESCRIPTIVE ROLL
1 Name
2 Father's / Husband's name
3 Sex – Married or Single
4 Race, Religion and Caste
5 Previous occupation
6 Age
7 Descriptive marks: 1.
2.
3.

Given under my hand and the seal of the Court, this ...... day of ....... 20....

Seal Judicial Magistrate

................................
 300

Judicial Form No. 84

[See Rule 6 (13)]

From To
Thiru./Tmt............. The .....................
Judicial Magistrate ............................
................... ........................... District
........................... State

D. No........... / 20.... dated ..../....../ 20.....

Sir/Madam,

Sub: Cases – Criminal – Crime No........ / 20.... of ................. Police Station – Offence(s) u/s
........... of .............. - Accused .............. S/o / W/o ........... - Produced before this Court on
............ (date) - Ordered to be produced before the .......... Court at ........... on ........... (date) –
Transit Warrant – Sent – Regarding.

Ref.: Requisition of the Deputy Superintendent/Inspector of Police, .......... Police Station,

........... District, .......... State.

----

I am to state that the accused .............., S/o / W/o ............... residing at .......................
concerned in Crime Number ........../ 20.... of ........... Police Station of an offence u/s ............... of
the ........... Act has been produced before me today at ... o' clock and the said accused is handed
over to the Deputy Superintendent/Inspector of Police, ........... Police Station for ..... days for
being produced before the Judicial Magistrate, ............. on ............. (date) without fail, for taking
further action at your end.

The fact of the production of the said accused may be intimated to this Court forthwith.

Yours faithfully,

Judicial Magistrate
..............................

Encl.: Requisition for remand and connected papers duly indexed

(Pages 1 to .......)
 Administrative Form No.1
(See Rule 98)

CRIMINAL REGISTER NO.1

REGISTER OF SESSIONS CASES RECEIVED AND DISPOSED OF

DATE OF
Date of
Nature of delivery of
No. of Name of Number, offence Commence Close of Result record into
Date of
sessions Committing name and charged ment of trial and date record
Receipt judgment Remarks
cases Court and residence and section Commitment of record trial of room with
P.R NO. of accused of code of disposal Record
law Keeper’s
301

initials

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
 Administrative Form No.2
Administrative Form
(See Rule No.2
118)
(See Rule 118)
CRIMINAL REGISTER NO.2
CRIMINAL REGISTER NO.2
REGISTER OF APPEAL CASES RECEIVED
REGISTER OF APPEAL CASES RECEIVED
From what Sentence or DATE OF
From what Sentence or DATE OF
Court with Name and rank order appealed Date of delivery of
Number of Court with appealed Date of delivery
Number of number of the Name of appellant
and rank in order
against and law record intoofRecord Remarks
appeal number of the of appellant in against record into Record Remarks
appeal case in that the lower court under andwhich
law it
Presentation of Hearing Order Keeper's initials
case in that
court the lower court under which it Presentation
was passed of Hearing Order
Result Keeper's initials
Result
court was passed appeal
appeal

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
302

Instructions
Instructions

1.The
1.Thedespatch
despatchseal should
sealshould bebe obtained
obtained in in
thethe
lastlast column
column of the
of the register
register in token
in token of transmission
of transmission to the the Chief
toChief Judicial
Judicial Magistrate
Magistrate of copies
of copies of of
judgments
judgmentsininappeal
appealcases.
cases.
2.The
2.Theregister
registershould checked
shouldbebe checkedbyby Presiding
thethe PresidingOfficer every
Officer month
every month omissions
andand rectified.
omissions rectified.
 Administrative Form No.3
Administrative Form
[See Rule 118] No.3
CRIMINAL REGISTER NO.3 [See Rule 118]
CRIMINAL REGISTER NO.3
REGISTER OF REVISION CASES ENTERTAINED
REGISTER OF REVISION CASES ENTERTAINED

Whether
Whether
taken up suo Date of
If referred to
taken motuup suo
or on From what Date of
delivery of
If referred to
High Court,
Number of motu or on
application. If by petition, FromCourt
whatwith delivery
record
of into
Nature and HighorderCourt,
Number of
revision application.
If on the If by petition,
date of Courtnumber
with of of High record into
record-room Remarks
Naturedate
and of order ofCourt
Highwith
revision
case Ifapplicant
on the and date of
presentation number
the case
of on record-room
with record- Remarks
of
datedisposal Court
number
with on its
case applicant and
his position presentation
thereof the case
the file
on of with record-
keeper’s
disposal number fileon
and
itsdate
hisinposition
the Lower thereof the file
thatof
court keeper’s
initials
file and date
Lower
in the Courts that court initials
Courts
303

(1) (2) (3) (4) (5) (6) (7) (8)

(1) (2) (3) (4) (5) (6) (7) (8)
 Administrative Form No.4
(See Rule 62)
CRIMINAL REGISTER NO.4 Administrative Form No.4
(See Rule 62)
CRIMINAL REGISTER
REGISTER
NO.4 OF CALENDAR AND PRELIMINARY REGISTER CASES RECEIVED

REGISTER OF CALENDAR AND PRELIMINARY

DATEREGISTER
OF CASES RECEIVED
Name of
complainant or DATE OF Date of Remarks (if a
station
Name of from delivery of case has been
Offence
which charge- Number and Apprehension record
Date of into
Remarks treated
(if a as
Number ofcomplainant or complained of
sheet was name of Receipt of of the accused Result record
delivery of room long-pending
case has been
calendar casesstation from and section of
Offence Commencement Decision
whichreceived accused
charge-withNumber and report or or his record with
into record- one,
treated as note the
Number of complainedlaw
of Apprehension of trial
date
sheet was and name of complaint appearance in keeper’s fact
record room long-pendinghere in
calendar cases and section of Receipt of of the accused Decision Result
number
received with of accused court Commencement with record-
initials.one, note red
the ink)
law report or or his
charge-sheet
date and of trial keeper’s fact here in
complaint appearance in
304

number of court initials. red ink)

(1) charge-sheet
(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

Instructions
1.The first few pages should be set apart for preliminary Register Cases which should be numbered separately from Calendar Cases. In
murder cases, it should be stated in the remarks column whether Instructions
the accused can afford to pay an advocate.
1.The first few pages should be set apart for preliminary Register
2.The despatch seal should be obtained in the last column of the registerCases which should
in token be numbered
of transmission to separately from Calendar
the Chief Judicial Cases.
Magistrate In
of copies of
murder cases, it should
judgments and orders. be stated in the remarks column whether the accused can afford to pay an advocate.
2.The despatch
3.The registerseal should
should be be obtained
checked byin
thethe last column
presiding of the register
Magistrate in token
every month and transmission
ofomissions to the Chief Judicial Magistrate of copies of
rectified.
judgments and orders.
3.The register should be checked by the presiding Magistrate every month and omissions rectified.
 Administrative Form No.5
(See Rule 62)
CRIMINAL REGISTER No.5 Administrative Form No.5
(See Rule 62)
No.5
CRIMINAL REGISTERREGISTER OF MISCELLANEOUS AND MAINTENANCE CASES RECEIVED
DATE OF
REGISTER OF MISCELLANEOUS AND MAINTENANCE CASES RECEIVED
Section and DATE OF
Name and
chapter of Date of
residence of Section and Receipt of Commence Order
Name the Criminal delivery of
petitioner,
and if
chapter of petition or report ment of Date of
residence Name and Procedure Receipt of Commence record into
any orof the Criminal inquiry Order delivery of
Number petitioner, if residence of Code under Resultpetition or report ment of record room Remarks
designation Name and Procedure
which record
withinto
record-
any
of officer
or by defendant inquiry
Number residence of Code under Result
proceedings record room
keeper's Remarks
designation
whom defendant whichare with record-
initials
of officer by
reported. proceedings keeper's
whom instituted
are initials
305

reported.
instituted
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Instructions
1. This register should be maintained in two sections in all Courts. The first section should be called “Criminal Register No.5”. This section should be
Instructions
restricted to cases under Sections 107 to 110, 145, 125,126,446,340 and 360 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and the
1. This register should be maintained in two sections in all Courts. The first section should be called “Criminal Register No.5”. This section should be
cases entered in this section should be shown as “Miscellaneous Cases”.
restricted to cases under Sections 107 to 110, 145, 125,126,446,340 and 360 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and the
cases
The entered
second insection with the
this section should
samebeheadings in Criminal Register
shown asas“Miscellaneous Cases”.No.5 should be opened and maintained for all proceedings other than those under
Sections 107 to 110, 145, 125, 126,446,340 and 360 of
The second section with the same headings as in Criminal Register the Code Criminal
No.5ofshould Procedure,
be opened 1973 (Central
and maintained Act
for all 2 of 1974).
proceedings other cases
Thethan entered
those under in this
section should be marked as “Miscellaneous Petitions”.
Sections 107 to 110, 145, 125, 126,446,340 and 360 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). The cases entered in this
The despatch
2. section should beseal should
marked as “Miscellaneous the last column of the register in token of transmission to the Chief Judicial Magistrate of copies of
be obtained inPetitions”.
judgments and orders.
2. The despatch seal should be obtained in the last column of the register in token of transmission to the Chief Judicial Magistrate of copies of
The registers
3. judgments should be checked by the presiding Magistrate every month and omissions rectified.
and orders.
3. The registers should be checked by the presiding Magistrate every month and omissions rectified.
 No. of the case
(1)

No. of the case

(1)

Date of receipt
(2)

Date of receipt
(2)

Name of defaulter
(3)

Name of defaulter
(3)

Designation of
Railway Official who
(4)
CRIMINAL REGISTER NO.6

lodged the complaint

Designation of
Amount of fare
Railway Official who
(4)
CRIMINAL REGISTER NO.6

(5)

ordered lodged
to be the complaint
collected
Amount of fare
Date of notice
(5A)

ordered to be
(5)

collected
Initials of the
(6)

Magistrate
REGISTER OF APPLICATIONS

Date of notice
(5A)

Amt. collected
(7)

Initials of the
(6)
Administrative

Magistrate
Date of collection
(8)
UNDER Form
(See Rule 301)

Amt. collected
(7)

Initials of the
SECTION

(9)

Magistrate
Date of collection
(8)
(See Rule 301)

Date of remittance
(10)

to railway
Administrative Form No.6

Initials of the
(9)

Initials of the Magistrate

(11)
Magistrate
Alternative
Date of remittance
(10)

(12)
sentence to railway
Amount Initials of the

(13)
(11)
Magistrate
Date of Chief REGISTER OF APPLICATIONS UNDER SECTION 138 OF THE INDIAN RAILWAYS ACT, 1989
Judicial

(14)
Magistrate's Alternative
Sanction

(12)
sentence
Amount

(13)
the

(15)
Initials of
Irrecoverable amounts written off

Magistrate
Date of Chief

No.6 138 OF THE INDIAN RAILWAYS ACT, 1989

Judicial

(14)
Magistrate's
306 Sanction

the

(15)
Initials of
Irrecoverable amounts written off

Magistrate
 Administrative Form No.7
(See Rule 67)
Criminal Register No.7
REGISTER OF RESULTS OF INQUIRIES AND TRIALS
Court –
Year –
Instructions

All cases disposed of, whether the accused appeared or not, should be entered in this register. Column (1) is simply intended to
mark identity of the case and thus to prevent a repetition.
2. The fact of receipt by transfer or commitment or on reference should be noted in the remarks column.

3. This register is practically a ledger of offences. The heading of each page will be the particulars of the offence, and for this
purpose the prescribed schedule of offences must be adhered to. One or more pages must be set apart for each offence or group of
offences against which there is a head of crime shown in columns (5) (6) or (7) in the schedule, according as the experience of the
Court may suggest as necessary for a year. Separate entry should be made in alphabetical order of each special or local law, other than
the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) against which offences have been committed. Every person should be
307

entered under the “Head of Crime” under which the Magistrate finally dealt with him. Where an accused is tried under more than one
head of charge, he should be exhibited under the principal one only, unless he happens to be accused of entirely distinct offences
supported by separate evidence, in which case the trials would be separate and results independent.

4. In the column of remarks, a note shall be made against every case in which the complainant was required to pay
compensation to the accused under section 250 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), or the defendant, in
addition to the punishment inflicted upon him, was required to give recognizance or security to keep the peace under sections 106 and
122 of the said Code, and in how many cases entered against heading 15, the orders of the Court of Session were taken under section
122 of the said Code.

5. Column (2) – The duration of cases will be calculated (1) in Magistrates’ Courts from the earliest date of the apprehension
of any of the accused or of his appearance in Court, whichever was the earlier and (2) in Courts of Session, from the date of the
commitment of the accused. The duration of a case disposed of on the same day on which the accused appears, will be taken as one
day only for the purpose of entries in this register. In all other cases, the date of appearance shall be excluded, e.g., if the case is
disposed of on the next day, the duration will be only one day.

6. Column (25)- The number of witnesses required to attend in Court on more than three days whether consecutive or
otherwise should be stated in this column.
 (1)

Number of the case disposed of

Sentence passed
(15)

Actual number of days during which the case in

(2)

which accused persons appeared before the court

Released on probation , lasted [not applicable to cases shown in column(6)]
under section 360,
(16)

Cr.P.C.*
Nomenclature of offence
(3)

Complaints rejected under section 203, Cr.P.C.

Discharged
after
(17)
On summary trial

admonition By dismissal under section 204 (4) or by

discharge or acquittal of accused under sections
(4)

256, 257, 249 and 320, Cr.P.C. before they

Delivered
Act, 2015

appeared in Court.
to parent or
Justice (Care and

(18)

guardian,
Protection of Children)
with under the Juvenile
Youthful offenders dealt

etc.
(5)

Struck off as false.

CASES DISPOSED OF

(19) Male
(6)

By transfer, death or escape of accused.

Convicted

*Or under the Probation of Offenders Act, 1936 (Act III of 1937)
Adult
(7)

Otherwise.
NUMBER OF PERSONS

Female

(20)
(8)

Brought for inquiry or trial.

Male

(21)
(9)

Died, transferred or escaped.

Juvenile
Number of Head of Crime

Female Discharged or acquitted.

(10)

(22)
Sentence possed.
Committed or referred. (11)

(23)
Released on probation, under section 360,

(12)
Cr.P.C.*
Examined
NUMBER OF PERSONS

(24)
Act and Section
Discharged after admonition.

(13)
On regular trial.

Required to attend on more than

(25)
three days

Number of witnesses
Delivered to parent or guardian,

(14)
etc., Children) Act, 2015
(Care and Protection of
under the Juvenile Justice

(26)
Youthful offenders dealt with

Remarks
308
 Administrative Form No.8
Administrative
(SeeForm 67)
Rule No.8
Criminal Register No.8 (See Rule 67)
Criminal Register No.8 REGISTER OF PUNISHMENT
REGISTER OF PUNISHMENT
Number of Head of Crime Nomenclature of offence
Number of Head of Crime Nomenclature of offence
Number of persons sentenced to
Imprisonment
Number of persons sentenced to
Over oneImprisonment
month Over six months Over one year Over two years
Over 15 days but not but not
Over one month Over six months but not but
Over one year not
Over two yearsbut not
15 days and under Over seven years
exceeding one
Over 15 days but not month exceeding
but not six exceeding
but not one exceeding
but not two
but notexceeding seven
15 days and under Over seven years

of
exceeding one month exceeding six
months exceeding oneyear exceeding two yearsexceeding seven years
months year years years
309

Imprisonment for life

Imprisonment for life
Simple
Simple
Simple
Simple
Simple
Simple
Simple

Number ofofthe case disposed

Rigorous
Rigorous
Rigorous
Rigorous
Rigorous
Rigorous
Rigorous

Number of persons convicted

Simple
Simple
Simple
Simple
Simple
Simple
Simple

Number of the case disposed

Rigorous
Rigorous
Rigorous
Rigorous
Rigorous
Rigorous
Rigorous

Number of persons convicted

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17)
 Alone
(18)
under

With other punishment

Rs.10 and

(19)

Alone
(20)

With other punishment

than Rs.50

(21)
but not more
Above Rs.10

Alone
(22)

With other punishment

(23)
than Rs.100
but not more
Above Rs.50

Alone
(24)

With other punishment

(25)
than Rs.500
but not more
Above Rs.100
Fine

Alone
(26)

With other punishment

(27)
but not more
than Rs.1,000
Above Rs.500
Number of persons sentenced to – cont.

Alone
(28)
With other punishment
(29)
Above Rs.1000

Amount imposed

(30)
Amount realized

(31)
Amount paid as compensation (section 357, Criminal Procedure Code)

(32)

NOTE:- “Juvenile” or “others” to be noted in manuscript against the relevant entries

Number of persons subjected to order under Act XII of 1859, section 22 of Act I
of 1871, etc., or admonished under Act VII of 1897, or whose guardians were
bound over under Act IX admonished under Sect VII of 1897, or whose

(33)
guardians were bound over under Act IX of 1890, or the Juvenile Justice (Care
& Protection of Children) Act, 2015, or dealt with under the Probation of
Offenders Act (Act III of 1937)
Number of boys whose sentences were commuted to detention in a certified

(34)
school
Remarks

(35)
310
 ADMINISTRATIVE FORM No.9

(See Rule 301)

Criminal Register No.9 ADMINISTRATIVE FORM No.9
Sentence
Register of Enforcement of (See of Imprisonment Awarded in Criminal Cases
Rule 301)
Criminal Register No.9
Register of Enforcement of Sentence of Imprisonment Awarded in Criminal Cases Date of Date of
Details of
Name of Appeal or appearance restoration
sentence Date of Date of
Date of the revisionDateDateof of orDate of Date of of executed
Case No. & Details of
awarded arrest and suspension
disposal Name
accused,of Date of Appeal
Date or
of No. appearance
disposal apprehension
restoration return of warrant
Crime No. with sentence
with Date ofdate of Date of of sentence Initials of
Date
of theof his
therank release expiry
revision of Date of
preferred or and Date of of accused
of executed warrant among the
the name
Caseof No.
the& awarded and
particularsarrestcommittal suspensiongranted, if Remarks the
S. No. disposal accused,
and Date of No.
Date of suspension disposal apprehension
if any, result of
returnand warrant
of date of from the records
Crime No. with case and with date of ofifsentence Initials of
Police Station if of the his rank of set off release
to prison expiry
any, withof preferred and of accused warrant among the if any Presiding
the name of the the name address particulars committal granted, if
released of with name appeal recommittal Remarks with
the the
S. No.
instituted and with theif suspension
the name if any, result of and date of from the records prison Officer
Police Station
on if case and
of the with ofand
set off
date ofto prison
onany,
bailwith sentence of the to the prison if any
after Presiding
dated
Police address expiry of the released
name of of
of the with name appeal recommittal or prison with the
instituted
Reporton the name
Court father's and date of with the the name Officer
initials of
of the with on bail sentence of the or Courtto the prison
revision after with the
dated execution
Police Report expiry
sentence
of the namethe of prison of the Court
Court father's
name sentence the prison Court revision
concerned with the execution
name initials
of the of the Record
awarded Court
name concerned name of the the Record
prison Assistant
awarded
prison Assistant
1 1
2 2 33 4
4 5
5 6
6 7
78 89 9
10 11
10 12
11 13
12 14 13
15 16
14 15 16
311
 Administrative Form No.10
Administrative Form
(See Rule No.10
301)
Criminal Register No.10
(See Rule 301)
REGISTER OF APPEAL CASES DISPOSED OF
Criminal Register No.10
Court:-
Year:- REGISTER OF APPEAL CASES DISPOSED OF
Court:-
Year:-
Number of appellants whose cases were disposed of
Number of appellants whose cases were disposed of

or or
or
or

transfer
of order

of appellants
lasted

or order of
number of days

disposed
Remarks

transfer
appeal

escape
reversal of

of appellants
concerned
ordered

new trial or

quashed

rejection
sentence

sentence

disposed
Remarks

appeal

escape

concerned
ordered

death,
quashed

sentence
By
By

By
By reduction of
312

sentence

sentence or order

death,

Number

Number of the appeal

By confirmation
By reversal of
Actuallasted

By new trial or

By rejection of of
By reduction of
further inquiry being
during which the appeal

modification of order
By proceedings being

sentence

Number

Number of the appeal

By confirmation of
Actual number of days

ByBy
further inquiry being
during which the appeal

modification
By proceedings being
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

NOTE:-
NOTE:-Show
Showinin the
the column
column ofof remarks
remarks the
thenumber persons
numberofofpersons dealt
dealt with
with under
under sub-section
sub-section (3) of of section
(3)section 106 of106
theofCode Code
the of of Criminal
Criminal
Procedure,
Procedure,1973
1973(Central
(Central Act
Act 2
2 of
of 1974)
1974)or
orunder
underthe Juvenile
theJuvenile Justice
Justice (Care
(Care andand Protection
Protection of Children)
of Children) Act, 2015
Act, 2015 (Central
(Central Act
Act 2 of 2 of 2016).
2016).
 Number of the revision case
(1)

Number of the revision case

Year:-

(1)

disposed
Court:-
Year:-

disposedofof
Court:-
Criminal

Number
Numberofofaccused
accusedpersons
persons
(2)
(2)

concerned
concerned
Criminal Register

ByBydeath,
death,transfer or
transferor
(3)
(3)

escape
escape
Register No.11
No.11

ByByrejection
rejection ofof
(4)
(4)

application
application
By confirmation of
(5)

confirmation of
Number

(5)

Bysentence or order
sentence or order
REGISTER

Numberofof
REGISTEROF

By reduction of sentence
(6)
OF

accused

Byorreduction of sentence
modification of order
(6)
accused

or modification of order
(See

persons
(See

(7)

By reversal of sentence
Administrative

persons
REVISION
Rule

(7)

By reversal of sentence
Administrative

REVISION

whose
Rule
Form

whose
301)

By proceedings being
cases
CASES
Form

(8)
301)

By proceedings
quashed being
cases
CASES

(8)
No.11

quashed
No.11

werewere

By new trial or further

(9)
inquiry being ordered
disposed
DISPOSED

By new trial or further

(9)
inquiry being ordered
disposed
DISPOSED

By reference to the High

of of

(10)
OF OF

Court
By reference to the High

(10)
Court
Otherwise

(11)
Otherwise

(11)
Actual number of days during

(12)
which the case lasted
Actual number of days during

(12)
which the case lasted
Remarks

(13)
Remarks

(13)
313
 Administrative Form No.12

(See Rule 63)

Criminal Register No.12

REGISTER OF COURT-FEES AND PROCESS-FEES RECEIVED

Court:-
Year:-

Serial Nature of the Court-fees in stamps

Number in document and Non-judicial
Date Advocates’ Advocate Remarks
the reference to Process stamps
Other fees Welfare Clerks’
register connected case.* Fees
Fund Welfare Fund
1 2 3 4 5 6 7 8 9
314

* Column (3) – If there are enclosures, the number and nature of those documents also to be specified in this column
Column (9) – Return of documents which is exceptional may be shown in the column of remarks
NOTE:- This register should be reserved for papers other than those received by post.
 Administrative Form No.13
Administrative Form No.13
[See Rule 31(4)]
[See Rule 31(4)]
Criminal
Criminal Register No.13
RegisterNo.13

PROCESS
PROCESS REGISTER
REGISTER
(REGISTER
(REGISTEROF PROCESS
OFPROCESS ISSUED
ISSUED TOTO THE
THE POLICE
POLICE STATIONS
STATIONS BY THE
BY THE MAGISTRATES)
MAGISTRATES)
Name
Name of
of Police Station
Police Station

Nature
Nature of of
Serial the process DateDate
whenwhen Date Date
whenwhen
sent sent Date when
Serial Number
Numberofofthe process withwith Date when
Crime
Crime number
number issueissue
of process to Police
of process to Police Remarks
Remarks
number
number case
case identifying
identifying received
received back back
waswasordered
ordered Station
Station
particulars
particulars
(1) (2)
(2) (3)(3) (4) (4) (5) (5) (6) (6) (7) (7) (8) (8)

INSTRUCTIONS
INSTRUCTIONS
315

1. A register in this form should be maintained in each of the Magistrate’s Courts in the districts and in the Metropolitan Magistrate Courts
1. A register in this form should be maintained in each of the Magistrate’s Courts in the districts and in the Metropolitan Magistrate Courts
2. Every Inspector of police in charge of the police station should as often as possible and at least once in two months, take the registers of the Police
2. Every Inspector of police in charge of the police station should as often as possible and at least once in two months, take the registers of the Police
Station under him to the concerned Magistrate’s Courts, check up the entries with those in the registers and if necessary, the records maintained by
Station
the Courtsunder
and him
maketoathe concerned
report Magistrate’s
to the District Courts, check
Superintendent up the
of Police andentries with those
Commissioner in the registers
of Police, as the case if necessary,
andmay be, about the records
the cases maintained by
involving
the Courts and make
serious delay or omission. a report to the District Superintendent of Police and Commissioner of Police, as the case may be, about the cases involving
3. serious delay or omission.
The above register should also be maintained in ledger form, one section being allotted to the Police Station.
3.
4. The above
The registerregister should
prescribed above be maintained
alsoshould in ledger
be maintained form,
with careoneandsection
shouldbeing
be scrutinized the Police Station.
allotted toperiodically by the Head Ministerial Officer and the
4. The register prescribed above should be maintained with care and should be scrutinized periodically by the Head Ministerial Officer and the
Magistrate.
5. Magistrate.
In column (4) of the register, the issue of processes to witnesses for the prosecution and for the defence should be shown separately. It is not
5. necessary
In columnto(4) show register,
of the name the issue
of each processes
of theofwitnesses witnesses
buttoonly their total the prosecution
for number, and for the
e.g., 10 summons defence
P.Ws., 8 summons be shown
should D.Ws. separately.
Issue of bailableIt is not
warrants
necessaryand show the name
to non-bailable of each
warrants the witnesses
beingofspecifically recorded only
but in redtheir
ink. total number, e.g., 10 summons P.Ws., 8 summons D.Ws. Issue of bailable
6. In
warrants
columnand of the register,
(7) non-bailable warrants of hearing
the datebeing specifically also be shown
should recorded in redunder
ink. the date of return, if the date of return of the processes to the issuing
6. court is later than the date of hearing.
In column (7) of the register, the date of hearing should also be shown under the date of return, if the date of return of the processes to the issuing
7. In column
court is later
(8) than register
of thethe date ofshould be entered the following, namely, (a) with reference to column (4) the number of processes served personally and
hearing.
7. the number of processes returned unserved,
In column (8) of the register should be entered particulars
and (b)the following, to whether
as namely, (a)bailable
with reference and
warrants to non-bailable
column (4) thewarrants
numberwere
of processes
executed served
or not. personally and
the number of processes returned unserved, and (b) particulars as to whether bailable warrants and non-bailable warrants were executed or not.
1

S.No.
2

The number printed on the form used

3

Case and particulars

Criminal Register No.14

Name and particulars of the person against

4

whom warrant of arrest issued (accused

/witness)
Name of Police Station:………………………..

The officer/person to whom directed

Date of judicial order directing arrest to be
6

issued
7

Date of issue
[See Rule 31(4)]

8
Date of cancellation, if any
Administrative Form No.14

9
Due date of return

10
Report returned on
REGISTER OF NON-BAILABLE WARRANTS ISSUED TO POLICE STATIONS

11
The action taken as reported

12
Remarks
316
 Administrative Form No.15

(See Rule 66)

Criminal Register No.15

Hearing Book

Court — Year --

Case posted Remarks Case posted Remarks

(1) (2) (1) (2)
317

Note: (1) When cases are adjourned the date and place of the adjourned hearing should be
shown in column (2)
(2) Cases disposed of on the date of hearing should be marked thus ( ) e.g.,(C.205)
 Administrative
Administrative Form
Form No.16
No.16

(See Rule
(SeeRule 301)
301)
Criminal
CriminalRegister
RegisterNo.16
No.16
FAIR
FAIRCOPY REGISTER
COPYREGISTER

on which
DateDate on which
Date
Dateononwhich
which Date on which
Date on which fair copy
fair copy
was was of dispatch
Date Date of dispatch
Number
Number of the
of the Date
Dateof
of judgment
judgment was
Serial
Serial Number
Number
was fair copy was
fair copy was signed by the
signed by the of Calendar
of Calendar
case
case Judgment
Judgment given fair
givenforfor fair ready
ready Presiding
Presiding Statement
Statement
copy
copy Officer
Officer
(2) (3) (4) (5) (6) (7)
(1)(1) (2) (3) (4) (5) (6) (7)
318
 Serial number
Serialnumber
(1)

(1)

receipt
(2)

Date
Dateofofreceipt
Name and addess of the applicant
(3)

Name and addess of the applicant

(2)Note.-(3)

Description of record copy of which is required

(4)

Description of record copy of which is required

(4)
Criminal Register No.17

The entries
Criminal Register No.17

Number and value of court-fee stamps affixed to the applications

(5)

if any
Number and value of for search
court-fee of the
stamps affixed
recordsto the applications
in (5)

if any for search of the records

Orders of the head of the office as to whether copies may be
(6)

granted or not with date of order

Orders of the head of the office as to whether copies may be
granted or not with date of order
Total number of words to be copied
(7)

Total number of words to be copied

columns(6)(7),(8),(7)

Total number of stamp papers required at 175 words a paper or

(8)

the amount of fees payable in cash

Total number of stamp papers required at 175 words a paper or
the
Dateamount
on which
of information
fees payablerelating
in cashto-
ADMINISTRATIVE

(9) (a) Number of stamp papers required; or

Date on which
(b) theinformation relating
fee to be paid; or to-
(See Rule 218)
(See Rule

(c) (a)
the Number
search feeofrequired, was given
stamp papers to the applicant
required; or
(b) the fee to be paid; or
FORM218)

(c) the search (a)

feeNumber of stamp
required, papers
was given to or
the applicant
No. 17

(b) Amount of cash deposited with the initials of the Head

(10)
Ministerial Officer and date
(a) Number of stamp papers or
ADMINISTRATIVE FORM No. 17

(b)Date on which
Amount originals
of cash were furnished,
deposited name and
with the initials initials
of the Headof

(11)
copyists they were

(10) and(8)(17) should(9)be made in figure

Ministerial
to whomOfficer andhanded
date over
Date when copy was ready

(12)
Date on which originals were furnished, name and initials of

(10) as well
Name of copyists
Examinertoand the date
whom which
theyonwere the copy
handed was examined
over

(13)
with his initials

(11)as in
When when
Datecopy copy was
delivered ready
or sent by post

(12)
(14)
Name of Examiner and the date on which the copy was examined
Signature of applicant when delivered in person

(15)

(13)
words.
with his initials
Signature of the copyist and examiner in token of having received
delivered sent by post

(16)
When copythe fee paid in
orcash

(14)
Number of stamped papers copied and compared and number
Signature
returned applicant
unusedofwith initial ofwhen delivered
the Head in person
Ministerial Officer and

(15)
(17)

Note.- The entries in columns (7),(8), (10) and (17) should be made in figure as well as in words.
REGISTER SHOWING THE RECEIPT AND DISPOSAL OF APPLICATIONS FOR COPIES IN THE CRIMINAL COURTS
the date in each case.
Signature of the copyist and examiner in token of having received
month

(16)
Remarks (Here enterthethefee paidininwhich
cash each item is billed for,

(18)
with initials of the Head Ministerial Officer and date.)
Number of stamped papers copied and compared and number
returned unused with initial of the Head Ministerial Officer and

(17)
REGISTER SHOWING THE RECEIPT AND DISPOSAL OF APPLICATIONS FOR COPIES IN THE CRIMINAL COURTS
the date in each case.
319
Remarks (Here enter the month in which each item is billed for,

(18)
with initials of the Head Ministerial Officer and date.)
 Administrative Form No.18
Administrative
[SeeForm
RulesNo.18
5(3) & 25(1)]
CRIMINAL REGISTER NO.18 [See Rules 5(3) & 25(1)]
CRIMINAL REGISTER NO.18
REGISTER OF CHARGE-SHEETS AND REFERRED CHARGE-SHEETS
REGISTER OF CHARGE-SHEETS AND REFERRED CHARGE-SHEETS
Name of Police Station:………………..
Name of Police Station:………………..
DATE ON WHICH
DATE ON WHICH

of

in
the First
the case
(referred

shown
Report)
of referred

Station and
number
of recordtotothe

Magistrate
and number of

was received
of the case

(as(of
law order.

charge-sheet

was received
initials

Districtwith his

the
of Police

receipt
initials

District

assigned
of Police

by
communication

charge sheet)

the Court(as shown in

number

in the Court

Serial Number
of
320

of receipt
assigned
date of the

charge sheet)

in Number

Serial Number
Information Report)
file
the
and date of the order.

Section

Information Report)
First Information Report)
the referred charge-sheet

Date
and
the record-keeper with his

on

Date
Name of Police
Section of law (referred
Date of delivery of record to

Crime
*Charge-sheet was taken
charge-sheet
Purport of Magistrate’s order

First Information
Dateofofdelivery

the referred

Date of receipt of referred

and
the record-keeper
Superintendent/Commissioner

Charge-Sheet
on file by the Magistrate

Date of receipt (of the First

Name of Police Station and
Date

Crime Number
*Charge-sheet was taken
charge-sheet and of
Purport of Magistrate’s order
Date of communication to the

and the number

Superintendent/Commissioner

Charge-Sheet
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

*The C.C., P.R.C. or other number given to the case should be entered in this column
*The C.C., P.R.C. or other number given to the case should be entered in this column
Instructions:
1. A First Information Report whichInstructions:
is received along with or subsequent to a charge-sheet need not be entered
1. A First Information
in the Report
register.which is received along with or subsequent to a charge-sheet need not be entered
in the register.
2. The register shall be maintained in the form of a ledger, a separate section thereof being allotted to each
2. The register shall
policebe maintained in the form of a ledger, a separate section thereof being allotted to each
station.
police station.
 Administrative Form No.19
(See Rule 58)
[Criminal Register No.19]

REGISTER SHOWING THE DISPOSAL OF PROPERTY PRODUCED IN INQUIRIES AND TRIALS

Court--
Year --

Description of property
(2)
if any.

to Treasury

with name of station

Number of case or date

Serial No.

and number of charge sheet

and section of law with date

Other property
If sold by auction, the date of

or his agent, signature and date

Remarks of Inspecting officers,

Particulars of order for disposal

auction and the amount realized

Valuable property
If returned to party producing it,
Initials of the Judge or Magistrate

Initials of the Judge or Magistrate

Initials of the Judge or Magistrate
Date of remittance of sale-proceeds
321

(1) (a) (b) (c) (3) (4) (5) (6) (7) (8) (9) (10)
Rs.

Instructions
1. This register shall be inspected at least once in three months by the presiding Judge or Magistrate who will check the valuables and
record the result of his inspection in the column for remarks.
2. A fresh register shall be opened every year and the outstanding items shall be brought forward from the register of the previous year.
3. When valuables are sent to the Chief Judicial Magistrate or other Magistrate for disposal, a triplicate form of receipt shall be used, one
part of which will be the office copy, the other two will be sent to the Magistrate of which one will be checked and signed by him and
pasted in this register on receipt in the Sessions Court.
4. Each Criminal Court will send a certificate of having checked the valuables with their register.
5. Deposits and such other items, being case properties should properly be accounted for being brought to this register. The challan and
the numbers and dates of the deposit may also be noted in the register so that deposit adjustments vouchers may readily be prepared
and sent to the connected Sub-Treasuries for adjustment, and the fact noted in the last column relating to the remarks.
 Administrative Form No.20
(See Rule 301)
Administrative Form No.20
(See Rule 301)
CRIMINAL REGISTER NO.20
CRIMINAL REGISTER NO.20
REGISTER OF UNCLAIMED PROPERTY
REGISTER OF UNCLAIMED PROPERTY
(MAGISTRATES’ COURTS)
(MAGISTRATES’ COURTS)
Reference to the How disposed of Date of Disposal
Reference to the When, where, IntermediateHow disposed of Date of Disposal
Serial current with Description When, where, and when; and remittance of number with
Serial current with Description and by whom Intermediate
references withand when; and remittance of number with Remarks
No.No. which property is of property and by whom references with amount realized at amount to Remarks
which the file
which property is of property found * amount realized at amount to which the file
received found dates dates
* sale (if sold) closes
received sale (if sold) Treasury. Treasury.
closes
(1) (1) (2)
(2) (3)
(3) (4) (4) (5) (5) (6) (6) (7) (7) (8) (8) (9) (9)
322

* Here
* Here enter particulars, such
enterparticulars, suchasas- -
(1) Date of submission of the notice to the District Press.
Date
(1)(2) of submission of the notice to the District Press.
Date of publication of the notice in the District Gazette.
Date
(2)(3) Date
ofofpublication
reference toof
thethe notice
Chief in the
Judicial Magistrate Gazette.
Districtand of orders thereon, etc.
(3) Date of reference to the Chief Judicial Magistrate and of orders thereon, etc.
 Administrative Form No.21
(See Rule 301)
Administrative Form No.21
(See Rule 301)
CRIMINAL REGISTER NO.21
CRIMINAL REGISTER NO.21
REGISTER OF CALENDARS RECEIVED
REGISTER OF CALENDARS RECEIVED
(SESSIONS COURTS AND CHIEF JUDICIAL MAGISTRATES/CHIEF METROPOLITAN MAGISTRATE)
(SESSIONS COURTS AND CHIEF JUDICIAL MAGISTRATES/CHIEF METROPOLITAN MAGISTRATE)
Court …........................................ Year......................................
Court …........................................ Year......................................
Calendars received from the . . . . . . . . . . . . . . . . Magistrate of . . . . . . . . . . . . . . .*
Calendars received from the . . . . . . . . . . . . . . . . Magistrate of . . . . . . . . . . . . . . .*
Serial DATE OF
Serial DATE OF If records called for,
number Receipts of Calendar Perusal of Calendar Ifnumber called
recordson Remarks
Receipts of Calendar Perusal of Calendar Revision
for, file
Remarks
ofnumber
case number on Revision file
323

of1 case 2 3 4 5
1 2 3 4 5

** Here
Hereenter
entercalendar
calendar cases,
cases, summary
summarytrials appeals.
trialsororappeals.
 Administrative Form No.22
[See Rule 270(2)]
Administrative Form No.22
CRIMINAL REGISTER NO.22 [See Rule 270(2)]

CRIMINAL REGISTER NO.22

REGISTER OF CALENDARS RECEIVED
REGISTER OF CALENDARS RECEIVED
(CHIEF JUDICIAL MAGISTRATES/CHIEF METROPOLITAN MAGISTRATE)
(CHIEF JUDICIAL MAGISTRATES/CHIEF METROPOLITAN MAGISTRATE)
Calendars received from the . . . . . . . . . . . . . . . . .Magistrate of . . . . . . . . . . . . . . .*
Calendars received from the . . . . . . . . . . . . . . . . .Magistrate of . . . . . . . . . . . . . . .*
Court........................... Year …........
Court........................... Year …........

Serial DATE OF
Serial OF Subsequent
number of Return to DATE
Magistrate Submission to Subsequent
Receipt of Calendar Receipt of reply proceedings, if any
324

number
case of Return to Magistrate Submission to
District Judge
Receipt of Calendar Receipt of reply proceedings, if any
1case 2 3 4 District Judge
5 6
1 2 3 4 5 6

* Here enter calendar cases, miscellaneous cases or preliminary registers.

* Here enter calendar cases, miscellaneous cases or preliminary registers.
NOTE:
NOTE: This
Thisregister
registershould
shouldbe
bemaintained
maintained in
in the
the offices
officesofofthe
theChief Judicial
ChiefJudicial Magistrates/Chief
Magistrates/Chief Metropolitan
Metropolitan Magistrate
Magistrate for the
for the
calendars received from the Judicial Magistrates/Metropolitan Magistrates under their respective charges.
calendars received from the Judicial Magistrates/Metropolitan Magistrates under their respective charges.
 Administrative Form No.23
[See Rule
Administrative Form270(2)]
No.23
CRIMINAL REGISTER NO.23 [See Rule 270(2)]
CRIMINAL REGISTER NO.23
REGISTER SHOWING THE REMARKS ON CALENDARS AND JUDGMENTS AND REPLIES RECEIVED FROM
REGISTER SHOWING THE REMARKS ON CALENDARS AND JUDGMENTS AND REPLIES RECEIVED FROM
(NAME) (MAGISTRATE) DISTRICT
(NAME) (MAGISTRATE) DISTRICT
Name of Court and number of case Remarks of the Magistrate or Chief Judicial Magistrate/Chief
Name of Court and number of case Remarks
Metropolitan Magistrate or
of the Magistrate and Chief
his initials Magistrate/Chief
Judicialand replies of the Magistrates
Metropolitan Magistrate and his initials
withand replies of the Magistrates
dates.
(1) with dates. (2)
(1) (2)

Instructions
Instructions
325

1.1. The
Theregister should
registershould be be written
written separately
separately for each
for each Magistrate
Magistrate by nameby name
in the in the Chief
Chief JudicialJudicial Magistrate’s
Magistrate’s /Chief Metropolitan
/Chief Metropolitan
Magistrate’s
Magistrate’s office.
office.
2.2. The
Theregister Chief
registerin inthetheChief Judicial
Judicial Magistrate/Chief
Magistrate/Chief Metropolitan
Metropolitan Magistrate’s
Magistrate’s office office
should should be maintained
be maintained for all the
for all the
Subordinate Magistrates.
Subordinate Magistrates.
3.
3. The register
Theregister maintained
maintained by by
thethe Chief
Chief Judicial
Judicial Magistrate/Chief
Magistrate/Chief Metropolitan
Metropolitan Magistrate
Magistrate should should
containcontain
only theonly the remarks
remarks made made
bybythe
theChief Judicial
ChiefJudicial Magistrate/Chief
Magistrate/Chief Metropolitan
Metropolitan Magistrate
Magistrate and such such remarks
and remarks of the of
Chief Chief Judicial
the Judicial Magistrate/Chief
Magistrate/Chief
Metropolitan
Metropolitan Magistrate
Magistrate as are
as are referred
referred to intothe the remarks
in remarks the Chief
of theofChief Judicial
Judicial Magistrate/Chief
Magistrate/Chief Metropolitan
Metropolitan Magistrate
Magistrate and and
which
whichwill
will
bebenecessary
necessary to make
to make remarks
the the of the
remarks oflatter intelligible.
the latter intelligible.
Theregister
4.4. The registerneed
need notnot kept
be be as loose
kept sheets.
as loose Separate
sheets. registers
Separate registers be opened
shouldshould for each
be opened forMagistrate. As the Chief
each Magistrate. As theJudicial
Chief Judicial
Magistrate/Chief Metropolitan Magistrate has to leave a note, which may be partly based on this register, in
Magistrate/Chief Metropolitan Magistrate has to leave a note, which may be partly based on this register, in the Magistrate’s the Magistrate’s
confidential
confidentialsheet
sheetwhen whenhe heis transferred,
is transferred,
it isitnot
is necessary
not necessaryto transfer the register
to transfer the register
when awhensubordinate Magistrate
a subordinate is
Magistrate is
transferred.
transferred.
 Administrative Form No.24
(See Rules 129 & 201)
CRIMINAL REGISTER NO.24 Administrative Form No.24
(See Rules 129 & 201)
CRIMINAL REGISTER NO.24 REGISTER OF REFUND CERTIFICATES AND DEPOSIT VOUCHERS ISSUED

Court – REGISTER OF REFUND CERTIFICATES AND DEPOSIT VOUCHERS ISSUED

Court –
Year –
Year –
Date on which the
Signature of
Name of Date onrefund certificate or
which the
Name and Signature ofthe party or
Court of
Namewhich Name of Court which Name and refund certificate or
deposit voucher was
Month Court which which residence of the the party or agent in
imposed the Name
sanctioned
of Courtthe refund residence of the Amountdeposit voucherdelivered
was to the
& Date
Monthof
imposed the sanctioned to the
agent in token of
& Date of fine and or compensation
the refundand individual to whomAmount
individual to whom ordered to bedelivered
party or his agent,token
if of Remarks
certificate compensation the refund or ordered to be party or his having
Remarks
certificate number
fine andof ordate of judgmentandand
the refund or paid before
agent,the
if Court or
or voucher number of date of judgment and compensation order paid before the Court or
having received the
or voucher case on its number of the case.compensation order to
of its dispatchreceived the
326

case on its number of the case. was granted of its dispatch to certificate or
file was granted him and the certificate or
Lower
file him and the Lower
voucher. voucher.
Court. Court.
(1)
(1) (2)
(2) (3)(3) (4) (4) (5) (5) (6) (6) (7) (7) (8) (8)
Rs. Rs.P. P.
 Administrative Form No.25
Administrative
[See Rules Form No.25
55 and 204 (A)(1)(3) and (C) (2 and 5)]
[See Rules 55 and 204 (A)(1)(3) and (C) (2 and 5)]
CRIMINAL REGISTER NO.25
CRIMINAL REGISTER NO.25 REGISTER OF FINES IMPOSED, LEVIED AND REFUNDED
Court …................... REGISTER OF FINES IMPOSED, LEVIED AND REFUNDED
Court …...................
Year …......................
Year …......................
DEMAND i.e., BALANCE UNCOLLECTED (IN CASES OF PREVIOUS MONTHS OR FINES COLLECTIONS
DEMAND i.e., BALANCE UNCOLLECTED (IN CASES OF PREVIOUS MONTHS OR FINES COLLECTIONS
IMPOSED IN CASES OF CURRENT MONTH)
IMPOSED IN CASES OF CURRENT MONTH)
Fines
Finestotobebecredited eventually
creditedeventually to to

in

and

fine
and
Local Funds, Municipal Funds,

other
Local Funds, Municipal Funds, etc.etc.

under

credited

case.
is
all fines
like fines

law

becredited
body

ofcase.
Name

of law
or 358, Code
Name of
of the
the

of
or 358, Code

tobe
and like

awarded
accused.

and all other

accused.

Procedure,

concerned
the fine is
the

impositionofoffine
Government.
fines

of imposition
Number of
Number
327

of
Amount
250, 357

Amount

the Government.
provision
imposed.
imposed.
(4) or (5)be entered in
cannot be entered

which

of the fund,
Amount collected
Amount collected
Date of Collection
Date of Collection

to the
to

Date of
Date
the
Criminal Procedure,

association
under
under which

Name of the fund, body

and
Initials of Judge or Magistrate
Initials of Judge or Magistrate

Name
or

Amount fines to
and the provisionfine
Initials of Judge or Magistrate
Initials of Judge or Magistrate

or association concerned

Amount
Compensation awarded under
sections 250, 357
of Criminal
compensation
sums recoverable
which recoverable
column cannot

Compensation
sections
of
compensation
sums
which
column (4) or (5)

(1) (2)
(1) (2) (3)
(3) (4)
(4) (5)
(5) (6)(6) (7) (7) (8) (8) (9) (9) (10) (10)
(11) (11)

Rs.
Rs. PP Rs.
Rs. P.P. Rs.Rs. P. P. Rs. Rs. P. P.
 IRRECOVERABLE
AMOUNT CREDITED IN SUB-TREASURY AMOUNTS AND REFUNDS
REMISSIONS
To be credited eventually to
Local Funds, Municipal Funds,
etc.
Remarks.

(7)
order

write off.
Balance uncollected

imposed
Amount refunded

Amount written off

Compensation and other

which the fine is

Amount credited
concerned and the

Name of the fund,

Number and date of refund

Credited to the Government

body or association
amounts described in column
Initials of Judge or Magistrate

provision of law under

Number and date of sanction to

Date of credit in Sub – Treasury

(12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23)
Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
328

Note. – (1) The word ‘fines’ includes any amount recoverable as a fine and forest and excise composition fees or expenses of prosecution.

(2) If a fine is collected while the person on whom it has been imposed is in prison, intimation of its collection must be sent at once to the Superintendent of
the Prison and the fact noted in column (23) – See rule 74 of the Criminal Rules of Practice.

(3) In the case of a remission entered in columns (18) and (19) a note ‘Remitted on appeal’s should be made against the entry in column (23).

(4) The attention of Judges and Magistrates initialing under columns (8), (11) and (17) is invited to the fact that such initials show that they have satisfied
themselves that the fines imposed are taken to demand, collected and credited to the treasury. No entry shall be expunged from the register without
attestation by the Judge or Magistrate.
 Administrative Form No.26
(See Rule 273)
Administrative Form No.26
CRIMINAL REGISTER NO.26 (See Rule 273)
CRIMINAL REGISTER NO.26
REGISTER OF WITNESS’ BATTA COLLECTED FROM PARTIES
REGISTER OF WITNESS’ BATTA COLLECTED FROM PARTIES

case.
party

case.
andof(10)

party
balance
of deposit
and (10)i.e.

column (4)

of the
refunded to
(6)head

balance

Date
thethe
of deposit
parties

and (5)
and (8)

of the
of(5)
(6)balance
Remarks

the office

witnesses

Date
of of
of the

parties

and
and (8)
Remarks

the office

witnessespaid to
Amount
witness or party

Opening

Name
Amount
difference between

Total
Total of column (7)
Closing

Number
Amount paid to
Amount
witness or party
Signature or mark of
columns

Opening
Initials of the head of

Name
Amount
difference between

Total of column (4)

Total of column (7)
Closing balance i.e.

Number
Amount refunded to
Signature or mark of
columns
Initials

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)
RS. P. RS. P. RS. P. RS. P. RS. P. RS. P. RS. P.
RS. P. RS. P. RS. P. RS. P. RS. P. RS. P. RS. P.
329

Instructions.
Instructions.
1.1. This
Thisregister
register should
should be
be maintained
maintainedininthe
theledger form,
ledgerform, with
with a daily
a daily abstract
abstract being
being recorded
recorded the register
in theinregister itself.itself.
For this this purpose,
Forpurpose, separateseparate
page or pages according to the needs of the particular case should be allotted for each case and for entering the daily abstract,
page or pages according to the needs of the particular case should be allotted for each case and for entering the daily abstract, some pages some pages
should
shouldbebe allotted
allotted at
at the end.
the end.
2.2. The amount of unspent
The amount of unspent witnesswitness batta
battaandandbatta collected
battacollected forfor witnesses
witnesses whose
whose evidence
evidence is dispensed
is dispensed with, with,
shouldshould be entered
be entered in this in this
register.
register. The
The register must
must be
be checked
checkedatatregular intervals
regularintervals every
every month,
month, onceonce
by the the Head
by Head Ministerial
Ministerial Officer
Officer and another
and another time bytime
the by the
Presiding
Presiding Magistrate/Judge
Magistrate/Judge during
duringthe
thescrutiny
scrutinyofof registers.
registers.
 Administrative Form No.27
Administrative
[See RuleForm No.27
276 (2)]
CRIMINAL REGISTER NO.27 [See Rule 276 (2)]
CRIMINAL REGISTER NO.27
REGISTER OF ORDERS OF JUDGE OR MAGISTRATE ON WITNESSES’ BATTA AND TRAVELLING ALLOWANCE
REGISTER OF ORDERS OF JUDGE OR MAGISTRATE ON WITNESSES’ BATTA AND TRAVELLING ALLOWANCE
Whether the witness was
Whether the witness was Judge’s order fixing the
present on Judge’s order fixing the
present on

firstday
the first his
dayofofhis
day
Names witnesses
Namesofofwitnesses
Remarks
Remarks
330

appearance
appearance
station
station

witness
Fifth day

Third day

Number of case
Fifth day

Third day
Fourth day

Number of case
Second day
Fourth day

Second
Initials of the Judge
Initials of the Judge

the
Class of the witness

of
Class of the witness

Signature of the witness on the

Number of days for which batta is payable
name of the village and the nearest railway

Signature
Number of days for which batta is payable
name of the village and the nearest railway

Distance for which mileage is available with the

Distance for which mileage is available with the

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

Note. – The signature of an official witness should be taken in this register just as in the case of any other witness and the fact and the date of
Note. the signature
issue–ofThe of an official
court attendance witness
certificate shouldshould
be noted taken in
be against thethis register just as in the case of any other witness and the fact and the date of
entry.
issue of the court attendance certificate should be noted against the entry.
 Names of witnesses
Names of witnesses
(1) (1)
BATTA
CRIMINAL
AND

What Class.
What Class.
(2)(2)
REGISTER

Number of class by rail or rate of mileage

(3)

Number of class by rail or rate of mileage

CRIMINAL REGISTER NO.28

by road
(3)
NO.28

by road
TRAVELLING

Number miles by road

(4)

Number of of
miles by road
(4)

Amount
Amountofofrailway
railway or mileage
farefare or mileage
by by
(5)
(5)

road
road
Amount of actual expenses of carriage by
Amount of actual expenses of carriage by
Travelling allowance

road (Criminal Rules of Practice, rule

(6)
Travelling allowance

Rules of Practice, rule

(6)

road (Criminal286)
286)
Actual cost of carriage hire to and from
Court first-class
Actualofcost witness
of carriage hire days
on to andoffrom
attendance.
Court of first-class witness on days of
(7)(7)

attendance.
(See Rule 64)
(See Rule 64)

Number of days
Administrative Form No.28

Number of days
Batta
Administrative Form No.28

Rate per diem

Batta

Rate per diem

(8) (8) (9) (9)
Total batta and traveling allowance
Total batta and traveling allowance

(10) (10)
Certificate of Head Ministerial Officer or
Magistrate and comparison with Register

(11)
No.27
Certificate of Head Ministerial Officer or
Magistrate and comparison with Register

(11)
No.27
Receipts of party to whom payable

(12)
Receipts of party to whom payable
Remarks

(12)(13)
BATTA AND TRAVELLING ALLOWANCE TO WITNESSES IN CRIMINAL CASE No. .. of... ON THE FILE OF THE …….. COURT …..
Remarks

(13)
ALLOWANCE TO WITNESSES IN CRIMINAL CASE No. .. of... ON THE FILE OF THE …….. COURT …..
331
 ADMINISTRATIVE FORM No.29
(See Rule 301)
CRIMINAL REGISTER NO.29
CASH BOOK
(MAGISTRATES’ COURTS)
Cash account of the office of the …………..Magistrates of…………for the
month of ………….20…….
Dr. Cr.
Receipts Number of Disbursements

item

Date
Date
item.

Item

Particulars
Particulars

Cash
Cash

Voucher
Folio in ledger
332

Bank or Treasury
Bank or Treasury

Head of account or heading of

Head of account or heading of

Number of item or folio in ledger

(1) (2) (3) (4) (5) (6) (1) (2) (3) (4) (5) (6) (7) (8)

Rs. P. Rs.P. Rs. P. Rs. P.

Brought forward Brought forward
Carried over Carried over
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------
INSTRUCTIONS
(A) All cash transactions should be shown in this register except salaries, travelling allowances, fines, moneys realized by forfeiting
security bonds of witnesses, accused and sureties.
(B) Sale proceeds being an occasional item of receipts though shown in property registers should also be shown in the cash book.
(C) The cash book should be balanced once a month on the dates on which the treasury or sub-treasury closes its accounts for the month.
(1)

Serial Number
Date and number of
(2)

order authorizing
transfer to this Register
Date of entry in the
(3)

Register
Number and date of
(4)
CRIMINAL REGISTER No.30

cases
(5)

Description of accused
(6)

Description of offence
(7)

Date of offence
Date of issue of
proclamation under
(8)

section 82, Criminal

Procedure Code
Date fixed for
(9)

appearance
Date of attachment
(10)

Description of property
[See Rules 32(2) & 68]

(11)

attached
Administrative Form No.30

Method and date of

(12) disposal of property
REGISTER OF LONG-PENDING CASES

attached
Date of recording
evidence under section

(13)
299, Criminal
Procedure Code
Date of appearance or

(14)
death of accused
Remarks

(15)
333
 Administrative
Administrative Form
Form No.31
No.31

[See
[See Rule
Rule 264(13)]
264(13)]
CRIMINAL
CRIMINALREGISTER No.31
REGISTERNo.31

RECORD
RECORD DESTRUCTION
DESTRUCTION REGISTER
REGISTER

Date Date appeal Date to which

up up to be
to which to retained
be retained of destruction
DateDate of destruction
Year Number Dateofof Dateofofdisposal
disposalof of appeal
/ /Date
Remarks
Year Number disposal revision petition if any Remarks
disposal revision petition if any Part
Part
I I PartPart
II II PartPart
II II Part Part
I I

(1)
(1) (2)
(2) (3)
(3) (4)(4) (5)(5) (6) (6) (7) (7) (8) (8) (9) (9)
334

Instructions
Instructions
1.The entries in column (1) to (3) and (5) and (6) of this register should be made as soon as the cases are received in the record room.
1.The entries in column (1) to (3) and (5) and (6) of this register should be made as soon as the cases are received in the record room.
2. The entry in column (4) should be posted when the appeal or revision petition, if any, is disposed of and the papers are received in the
record entry in column (4) should be posted when the appeal or revision petition, if any, is disposed of and the papers are received in the
2. Theroom.
record room.
3.Columns (7) and (8) should be filled in only after the records are actually destroyed.
3.Columns (7) and (8) should be filled in only after the records are actually destroyed.
 Serial number
(1)

Serial number
(1)

Date of the commission of the offence

(2)

Date of the commission of the offence

(2)

Date of the report or complaint

(3)

Date of the report or complaint

CRIMINAL REGISTER No.32

(3)
CRIMINAL REGISTER No.32

complainant
(4)

Name
Nameofofthe
thecomplainant
(4)

Name, parentage and residence of the

Name, parentage and
accused residence of the
persons
(5)

accused persons
(5)

Complained of
(6)

Complained of
(6)
Offence
(See Rule 301)

Proved, if any
(Section 263 Cr.P.C.)

(7)
Offence
(See Rule 301)
Administrative Form No.32

Proved, if any
(Section 263 Cr.P.C.)

(7) Value of property in respect of which

Administrative Form No.32

(8)
offence committed
Value of property in respect of which
plea of the accused and his

(8)
The offence committed
examination, if any

(9)
REGISTER OF SUMMARY TRIALS HELD BEFORE ….....................

The plea of the accused and his

Finding,examination,
and in the caseifofany
conviction,

(9)
brief statement of the reasons thereof
REGISTER OF SUMMARY TRIALS HELD BEFORE ….....................

(10)
Finding, and
Sentence
in theorcase
otherof conviction,
order

(11)
brief statement of the reasons thereof

(10)
Date on which the proceedings
terminated

(12)
Sentence or other order

(11)
Date on which the proceedings
335
terminated

(12)
 Number
Numberof the
of the
casecase
(1)
(1)

Name accused
(2)

Nameof of
thethe accused
(2)

Substance of the
(3)

Substance
complaint of the
CRIMINAL REGISTER No.33

(3)

complaint
CRIMINAL REGISTER No.33

Name of the
(4)

complainant
Name of the
(4)

complainant
Names of witnesses for
(5)

the prosecution
Names of witnesses for
(5)

the prosecution
Names of witnesses for
(6)

the defence
Names of witnesses for
(6)

the defence
Summary of the fact
(7)

proved or confessed
[See Rule 33(1)]

Summary of the fact

(7)

proved or confessed
Administrative Form No.33
[See Rule 33(1)]

Result of the enquiry

(8)
Administrative Form No.33

Result of the enquiry

(8)

Offence
(9)
(9) Offence
Complaint
(10)
STATEMENT OF PRELIMINARY ENQUIRIES HELD BEFORE................................

Apprehension or
DATE OF

Complaint

(10)
(11)
appearance
STATEMENT OF PRELIMINARY ENQUIRIES HELD BEFORE................................

Apprehension or
DATE OF
Closing enquiry

(11)
(12)
appearance
Explanation of delay
Closing enquiry

(13)
(12)
336
Explanation of delay

(13)
 ADMINISTRATIVE FORM No.34
(See Rule 301)
ADMINISTRATIVE FORM No.34
CRIMINAL REGISTER No.34 (See Rule 301)
CRIMINAL REGISTER No.34
REGISTER OF FINES IN RESPECT OF WHICH PAYMENTS ARE PAYABLE TO …...................... (LOCAL BODY)
REGISTER OF FINES IN RESPECT OF WHICH PAYMENTS ARE PAYABLE TO …...................... (LOCAL BODY)
Date of payment
Refund or Expenditure to be Net amount
of fine
Date of into the
payment Number of case Amount paid Remarks
remission, deducted
Refund or if any Expenditure to if payable
beany Net amount
treasury
of fine into the Number of case Amount paid Remarks
remission, if any deducted if any payable
treasury
(1) (2) (3) (4) (5) (6) (7)
(1) (2) (3) (4) (5) (6) (7)

Instructions
1. Instructions
A page or a set of pages should be allotted for fines levied under each Act and relating to each local body.
2.1. A page or a set of pages should be allotted for fines levied
To enable a monthly comparison and reconciliation withunder each Act
the figures as and
per relating
Appendix to each
C to local
Treasury
body.Sub-Account No.11, the extracts
337

2. To enable a monthly comparison and reconciliation with the figures as per Appendix C to Treasury Sub-Account
to be sent should cover the transaction for each treasury or sub-treasury month as the case may be and the total No.11,
of the
theextracts
extracts should
to be sent should cover the transaction for each treasury or sub-treasury month as the case may be and the total of the extracts should
work up to the figures of “Amounts credited” in item 3(b) of the Statement of Fines in Form No.36.
work up to the figures of “Amounts credited” in item 3(b) of the Statement of Fines in Form No.36.
3. The total of the column “Net amount payable” for a year indicates the amount payable by the Chief Judicial Magistrates.
3. The total of the column “Net amount payable” for a year indicates the amount payable by the Chief Judicial Magistrates.
NOTE:-
NOTE:-
(1)
(1)AA departmental
departmental register
register in
in this
thisform
formshould maintained
shouldbebemaintained in in
all all
thethe Criminal
Criminal Courts,
Courts, including
including Metropolitan
Metropolitan Magistrate
Magistrate Courts,Courts, however,
however,
except
exceptSessions
Sessions Courts.
Courts. An
Anextract
extractfrom
fromthis register
thisregister should
should be be attached
attached to the
to the monthly
monthly statement
statement in Criminal
in Criminal Register
Register Form Form
No.36No.36

(2)
(2)Chief
Chief Judicial
Judicial Magistrates/Chief
Magistrates/ChiefMetropolitan Magistrate
MetropolitanMagistrate should
should alsoalso maintain
maintain a register
a register in this this form
in form and post post therein
and therein the figures
the figures taken from
taken from
the statements received from the subordinate courts and effect reconciliation of the figures monthly with the treasury figures so that there
the statements received from the subordinate courts and effect reconciliation of the figures monthly with the treasury figures so that there may bemay be
no
nodelay
delayor
or difficulty
difficulty in
in paying
payingthe
thegrants
grantstotolocal bodies
localbodies at at
thethe
endend of the
of the year.
year.
 ADMINISTRATIVE FORM NO.35
ADMINISTRATIVE
[See Rule FORM NO.35
204 (C)(3)]
Criminal Register No.35
[See Rule 204 (C)(3)]
Criminal Register No.35
Court:
Court:
Year:
Year: REGISTER OF RECEIPTS OF DEPOSITS
REGISTER OF RECEIPTS OF DEPOSITS
Details of repayments
Details of repayments
Initial of
Nature of Initial of Date when
Nature of the Daily total Initial of
Date
thewhen
Date of deposit and From whom Amount the Daily total Amount of Initial
Initial of of the lapsed and
Date of deposit and From whom Amount carried to DateAmount of Initial of lapsed and
Presiding
Presiding
Presiding carried to Date Presiding
receipts
receipts case
case received
received of deposit
of deposit repayment
repayment the partythe party credited to
Officer
Officer of of cashcash
book book Officer Officer
of Court ofcredited
Court to
number
number GovernmentGovernment
338

thethe Court
Court
11 22 33 44 5 5 6 6 7 7 8 8 9 9 10 10 11 11
 Administrative Form No.36
[See Rule 204(B)(1)(4)
Administrative and (D)(1)]
Form No.36
[See Rule 204(B)(1)(4) and (D)(1)]
FINE STATEMENT OF THE COURT OF …................ FOR THE MONTH OF ….......... 20 …...
FINE STATEMENT OF THE COURT OF …................ FOR THE MONTH OF ….......... 20 …...
Arrears Current Remarks
(1)
Arrears
(2) Current (3) Remarks (4)
(1)
Rs. (2)
P. Rs. P. Rs. (3)
P. Rs. P. (4)
1. Demand Rs. P. Rs. P. Rs. P. Rs. P.
1. Demand
(a) Fines to be credited to Government.
(b)
(a)Fines
Finesto
to be credited to
be credited Government.
eventually to Local or
(b)Municipal
Fines to beFunds, eventually to Local or
creditedetc.
Municipal Funds,
(c) Compensation amounts,
etc. etc.
(c) Compensation amounts, etc.
2. Collections.
2. Collections.
3. Amount credited into the Treasury or Sub-Treasury –
3. Amount credited into the Treasury or Sub-Treasury –
(a)
(a)To
Tothe
theGovernment.
Government.
(b) To be
(b) To becredited
credited eventually
eventually to toLocal Municipal
LocalororMunicipal
Funds,
339

Funds,etc.
etc.
(c) Compensation,
(c) Compensation, amounts,
amounts, etc. etc.
4.4.Amount
Amountwritten
written off
off .. .. .. .. .... . .. . . .. . . .. . . .. .
5.5.Remitted
Remittedon on appeal
appeal . . .. .. .... . .. . . . . . . . . .. .
Balance
6.6.Balance . . . . .. .. .... . .. . . . . . . . . .. .

Certified that the above

Certified that above isisaacorrect
correctstatement fines
statementofof fines compensation
andand amounts
compensation imposed,
amounts levied,
imposed, written
levied, written remitted
off andoff on appeal
and remitted on in
appeal in
my
myCourt
Courtduring
during the month of
the month of …........
…........20....
20..... .
Judge/Magistrate
Judge/Magistrate

Certified that the amounts shown against item 3 were remitted into the Treasury/Sub-Treasury in the month of ….....20... were so remitted.
Certified that the amounts shown against item 3 were remitted into the Treasury/Sub-Treasury in the month of ….....20... were so remitted.
Sub-Treasury Officer/Treasury Officer
Instructions Sub-Treasury Officer/Treasury Officer
1. If the amounts shown against columns (2) and (3) do not agree, the Instructions
reason should explained in the columns for remarks.
1.2. IfThe amounts
theorder sanctioning against
shown the columns
writing off of any
(2) amount
and (3) should agree,
do not be quoted
theinreason
the columns explained
shouldfor remarks.in the columns for remarks.
2. The order sanctioning the writing off of any amount should be quoted in the columns for remarks.
 Administrative Form No.37
(See Rule 301)
Administrative Form No.37
(See Rule 301)
WORKING SHEETS FOR FINE RECOVERY
WORKING SHEETS FOR FINE RECOVERY
(To be maintained by all Criminal Courts, except Sessions Courts)
(To be maintained by all Criminal Courts, except Sessions Courts)
Amount collected and remitted to Treasury with date
January February and remitted to Treasury
Amount collectedMarch April with dateMay June
off

January
July February
August March
September April
October May
November June
December
July August September October November December
in appeal
written

written off
Remarks

remitted in appeal

remitted

Case number

Serial number
Arrear demand

Case number

Serial number
Arrear demand
Collection
Collection
Collection
Collection
Collection
Collection
Amount

Remittance
Remittance
Remittance
Remittance
Remittance
Remittance

Collection
Collection
Collection
Collection
Collection
Collection
Amount

Remittance
Remittance
Remittance
Remittance
Remittance
Remittance
AmountRemarks

Date of imposition of fines

Amount

Date of imposition of fines

340

(1) (1) (2)(2) (3)(3) (4)

(4) (5)
(5) (6)
(6) (7)
(7) (8)
(8) (9)(9) (10)
(10) (11)(11) (12)(12)(13) (13)(14) (14)
(15) (15)
(16) (16)
(17) (17)
(18) (18)
(19) (19)

Instructions
1. To be maintained in separate sections under the three heads specified Instructions
in item I of Administrative Form No.36.
1. To be maintained
2. The sheets will be separate
in written upsections
afresh inunder
January three
theand Julyheads specified in item I of Administrative Form No.36.
each year.
2. The
3. Entries will be written
sheetsregarding collection afresh
up and in January
remittance should
andbeJuly
initialed year.
each by the Magistrate beneath each entry.
3. Entries
4. Datesregarding collection
to be entered beneathand remittance
the relative should
amounts be initialed by the Magistrate beneath each entry.
as denominators.
4. Dates to be entered beneath the relative amounts as denominators.
 ADMINISTRATIVE FORM No.38
ADMINISTRATIVE FORM No.38
[See Rule 204 (B)(4)]
[See Rule 204 (B)(4)]
STATEMENT OF CASES IN WHICH SANCTION TO WRITE OFF IS REQUESTED
STATEMENT OF CASES IN WHICH SANCTION TO WRITE OFF IS REQUESTED
Number
Amount of Date of sentence Steps taken to realize the
and year
Number Name of accused Remarks
Amount
fineof Date of sentence Steps taken to fine
realize the
ofand year
case Name of accused Remarks
fine fine
of
(1)case (2) (3) (4) (5) (6)
(1) (2) Rs.(3) P. (4) (5) (6)
Rs. P.
341

(To be printed on the back of Form No.36)

(To be printed on the back of Form No.36)
 ADMINISTRATIVE FORM No.39
[See Rule
ADMINISTRATIVE FORM
129] No.39
[See Rule 129]
STATEMENT OF FINES TO THE TREASURY OFFICER
District of STATEMENT OF FINES TO
Refund ofTHE
Revenue.
TREASURY OFFICER Voucher No. of
Head of service of
District chargeable Refund Revenue.
Refundsofand Drawbacks. VoucherListNo.
of payments of
Head of service chargeable Refunds and Drawbacks. payments
List ofFor 20 .
For 20 .

treasury

received
of treasuryin

credited and

intotreasury

realised
credit.
refund

credit. of treasury
refund

which included

accountreceived
Officer’s signature

to which

payment into
Name of payee
Name of payee

Amount realised
Amount
Signature of party
Signature of party

what account

whose name credited

of payment
headin
Amount to be refunded

head to which credited

In whose name credited

Amount to be refunded

In
342

On what
On
Day of
Day
Treasury Officer’s signature in

Amount in which included and

token of verification
Treasury

Amount
Reasons and authority for refund

token of verification
Reasons and authority for refund
Certificate of departmental note of
Certificate of departmental note of

(1)
(1) (2)
(2) (3)
(3) (4)
(4) (5)(5) (9) (9) (6)(6)
(10) (10) (11) (11) (7) (7) (8) (8)
Rs. P. Rs. P. Reasons This order of refund has been registered Rs. P.
Rs. P. Rs. P. Rs. P. Reasons This order of refund has been registered
and noted against the original receipt entry
Authority
and noted against the original receipt entry
in the departmental account under my
Authority
Sanctioned initialsinandthe departmental
previous account
order for refund under my
of the
Sanctioned initials and previous
same sum has not been issued. order for refund of the
Controlling same sum has not been issued.
Controlling
Officer’s Signature ____________
Signature
Officer’sDesignation
order ____________
___________
No. ...order Date. Designation ___________
dated....
No. ... Date.
Passed for payment dated....
The …... day of …......... 20 .. . Passed for payment Magistrate or other Officer
The …... day of …......... 20 .. . Pay Rupees..............................( ) only Magistrate or other Officer
Examined. Accountant
Pay Rupees..............................( Officer-in-charge
) only of Treasury
Examined. Accountant Officer-in-charge of Treasury
 Administrative Form No.40
Administrative Form No.40
(See Rule 301)
(See Rule 301)
STATEMENT SHOWING THE NUMBER OF CASES PENDING AT THE END OF THE MONTH OF ….... 20...,
STATEMENT SHOWING THE NUMBER OF CASES PENDING AT THE END OF THE MONTH OF ….... 20...,
IN THE COURT OF THE …................... MAGISTRATE OF ...................
IN THE COURT OF THE …................... MAGISTRATE OF ...................

Number
Number Number
Number of cases
of cases pending
pending for for Total Total
Number
Numberofof of cases Number
Numberofof
of cases number number
of of
cases pending Total number
Total number cases
cases
Name
Nameof of cases pending received
received Less than cases cases
at atthe
the of cases for
cases for disposed Over
disposedofof Less than Over twotwo OverOversix six OverOver
one one
court
thethe court during
during twotwo pendingpending
at at
beginning
beginningofof disposal
disposal during the
duringthe months
months months months year year
the
the months
months the endthe
ofend of
thethe month.
month. month
month
month
month the month
the month
(1) (1) (2)(2) (3)
(3) (4)
(4) (5)
(5) (6) (6) (7) (7)
343
 ADMINISTRATIVE FORM No.41
(Rule 301)
ADMINISTRATIVE FORM No.41
(Rule 301)
(To be submitted by the Committing Magistrate to the Chief Judicial Magistrate)
(To be submitted by the Committing Magistrate to the Chief Judicial Magistrate)
SESSIONS STATEMENT SHOWING THE DETAILS OF CASES COMMITTED TO THE COURT OF SESSION AT …......
SESSIONS STATEMENT SHOWING THE DETAILS
FOR THE CASES COMMITTED
OFMONTH OF …... 20.....TO THE COURT OF SESSION AT …......
FOR THE MONTH OF …... 20.....
Nature of Date of
Nature
offence of Date of Number of
Number of Number, offence In prison Number of
Name of the Number of Number, and In prison witnesses
Name of the case on the name, sex and or on bail witnesses
Committing case on the name, sex section of Report or Apprehension or on bail bound over to Remarks
Committing committing and age of section of Report or Apprehension Commitment or or bound over to Remarks
Court committing and age of I.P.C. appearanceCommitment the Court of
Court court’s accused the
the I.P.C. Offence
Offence complaint
complaint or or
appearance otherwisethe Court of
court’sfile
file accused or other otherwise Session
or other Session
laws
laws
(1)(1) (2)
(2) (3)
(3) (4)
(4) (5)
(5) (6)(6) (7)(7) (8) (8) (9) (9) (10) (10) (11) (11)
344

Instructions
Instructions

(1)(1)ToTobebesubmitted
submittedby
bythe Committing Magistrate
the Committing Magistratetotothe
theChief
ChiefJudicial Magistrate
Judicial direct
Magistrate on the
direct on the on which
datedate the case
on which is committed.
the case is committed.
Duplicate to be annexed to the copy of the Preliminary Register.
(2)(2)Duplicate to be annexed to the copy of the Preliminary Register.
(3) In case of murder, the Committing Magistrate should state in the remarks column that he reported to the Sessions Court as to whether the accused is
(3) Inable murder,
casetoofemploy the Committing Magistrate should state in the remarks column that he reported to the Sessions Court as to whether the accused is
an advocate.
able to employ an advocate.
(4) The Preliminary Register number should be given in column (2).
(4) The Preliminary Register number should be given in column (2).
(5) Please write at the back, if there is not enough space on this page.
(5) Please write at the back, if there is not enough space on this page.
 Administrative Form. No. 42
(See Rule
Administrative Form.301)
No. 42
To be submitted in duplicate by the Chief Judicial Magistrate/Chief
(See Rule 301) Metropolitan Magistrate to the Court of Session
th
not later
Tothan
be submitted
the 8 ofinthe month to
duplicate by which
the Chief statement
the Judicial Magistrate/Chief for the months
relates except Metropolitan Magistrate
of April,toMay and June
the Court for which a
of Session
consolidated th be compiled of July.
not later thanstatement
the 8 of will
the month to which at the
thestatement
beginningrelates except for the months of April, May and June for which a
To be forwarded
consolidated by the
statement will be compiled
Court of atSession to the Chief
the beginning Judicial Magistrate/Chief Metropolitan Magistrate immediately
of July.
th
after each Session,
To be forwarded in no
and by thecase
Courtlater
of Session the succeeding
than theto8theofChief month.
Judicial Magistrate/Chief Metropolitan Magistrate immediately
th
after each Session, and in no
No.case later than the 8 of the succeeding
Judicial month.
Criminal
No.
From Judicial Criminal Dated
From
The Sessions Judge of ……………………………… Dated
Despatched …………… 20...
The Sessions Judge of ……………………………… Despatched
Received …………… 20...
SESSION STATEMENT SHOWING THE DETAILS OF CASES COMMITTED Received
TO AND TRIED BY THE COURT OF
SESSION STATEMENT SHOWING THE DETAILS OF CASES COMMITTED
SESSION AT …........... FOR THE MONTH OF ….....20..... TO AND TRIED BY THE COURT OF
SESSION AT …........... FOR THE MONTH OF ….....20.....
Date of
345

Date of

sex

cases
the
Indian

Court
the
file
witness

offence

thecases
accused.
andthe
theIndian

name,
Session

or on bail or

of
Law

committing
Law
Remarks

otherwise
Remarks

ageofofaccused.

Court’sfile
otherwise

thecommitting

Nameofofthe
Court’s
Offence

Name
Report or

Offence
complaint

chargedand
Court of Session

Report or
appearance

complaint

charged
bound over to the

Nature
Court of of

appearance or

onthe

CommittingCourt
Commitment
Number
bound over to the

Nature of offence

Number,
andage

on

Committing
Penal Code or other
Commitment
Number of witness

Numberofofthe
sectionofofthe

Number, name, sex

and
Penal Code or other

Number
section
In prison

Apprehension
In prison or on bail or

Apprehension or
(1)
(1) (2) (3)
(3) (4)
(4) (5)
(5) (6)(6) (7)(7) (8)(8) (9) (9) (10)(10) (11) (11)
 SESSIONS STATEMENT SHOWING THE DETAILS OF CASES COMMITTED TO AND TRIED BY THE COURT
OF SESSION AT ………… FOR THE MONTH OF ………….20..... contd.

trial
of trial

Date of
order as

Offence
prisoner
Remarks

Date and
nature of
witnesses
examined

of Session

Number of
Number of

the case on
established
sentence or

of the Court
regards each

the Calendar
commencing
Date of close
(12) (13) (14) (15) (16) (17) (18)
ABSTRACT
Duration of Sessions days ……

Cases Persons
Pending from last Session……….
New …………………………..
Total …………….
Disposed of …………………………
Referred …………………………….
346

Postponed……………………………
Pending from this Session …………..

(i) The Chief Judicial Magistrate/Chief Metropolitan Magistrate should compile a statement for each month by filling in columns (1) to
(11) and submit it to the Court of Session not later than the 8th of the month to which the statement relates except for the month of April, May
and June, for which a consolidated statement will be compiled at the beginning of July.
(ii) The Chief Judicial Magistrate/Chief Metropolitan Magistrate should include in the statement all cases which await trial (whether
committed in the month of previously) arranged in the order in which they were committed.
(iii) On the termination of each Session and in no case later than the 8th of the succeeding month, the Sessions Judge should have
columns (12) to (18) filled in and should return the copy to the Chief Judicial Magistrate/Chief Metropolitan Magistrate.
(iv) The number of cases dealt with in the body of the statement should correspond with the total given in the abstract.
(v) Under the heading “postponed”, cases which are simply adjourned should not be included. Only cases such as the following should be
included, viz (a) Cases in which the accused is directed to be kept under observation of a Medical Officer for suspected lunacy. (b) Cases
adjourned, pending disposal of appeal or revision in respect of another trial in respect of the same accused person.
(vi) In all cases shown as pending, the actual dates of hearing fixed for them should be given in the column for remarks.
 Administrative Form No. 43
(See Rule
Administrative Form301)
No. 43
(See Rule 301)
(To be submitted by the Court of Session to the High Court immediately after each Session and in no case, later than the 8 th of the succeeding month, except
for(To submitted
thebemonths of April, Court
by theMay and Session
of June for to the High
which Court immediately
a consolidated after
statement should Session
eachbe sent atand no case, later
theinbeginning than the 8 th of the succeeding month, except
of July.)
for the months of April, May and June for which a consolidated statement should be sent at the beginning of July.)
DATE OF
DATE OF Date of
Date of
Disposal
Number Disposal
with
No. of Number Section with
No. of of Section Number particulars of
Sessions of of Number particulars of
Sessions accused of of the offence
Case accused offence Apprehension Commencement of of the offence Remarks
Case involved offence Apprehension Committal Commencement of witnesses established Remarks
involved charged or appearance Committal trial witnesses established
charged or appearance trial examined
examined andand
the the
sentence
sentence or or
order
order passed
passed
thereunder
thereunder

11 22 33 44 55 66 7 7 8 8 9 9
347

ABSTRACT:
ABSTRACT:
Duration
Duration of Session
of Session …days…days
Persons
CasesCases Persons

Pending
Pending
fromfrom
Session
LastLast Session
NewNew
.. .. –– –– –– ––
Total..
Total.. –– –––– ––
Disposed of
Disposed of
Referred..
Referred..
Postponed..
Postponed..–– –––– ––
Pending from
Pending from
this Session
this Session
 Administrative Form No. 44
[See Rule 204 (A)(6)]
Details of fines, forest and excise composition fees, etc., remitted To the officer in charge of Sub Treasury ….............. Sub-Treasury
to the Sub Treasury at …........... at …..............
To be credited Please receive the amounts shown RECEIPT
eventually to Local below, credit them to the appropriate Received this day from _______ Court
the sum of Rs.___ on account of the
Funds, Municipal heads of the account and give a receipt Government as shown below :-
Funds, etc. for them on the accompanying form.
Amount Amount
Rs. P.
1.Fines to be credited to the Rs. P.
Government. 1.Fines to be credited to the
2. * Fines to be credited to.. Government.
3. * Fines to be credited to.. 2. * Fines to be credited to..
4. * Fines to be credited to.. 3. * Fines to be credited to..
4. * Fines to be credited to..

Number of case
* * * * 5. * Fines to be credited to..

Register of Fines)

Name of the accused

6. Compensation amounts, 5. * Fines to be credited to..
etc. (Cols.7 and 15 of the 6. Compensation amounts,

15 of the Register of Fines)

(Red ink item in Col.9 of the
etc. (Cols.7 and 15 of the

To be credited to the Government

Register of fines)
Register of fines)

Forest and Excise composition fees

7. Forest and Excise composition
348

Compensation amount etc. (cols.7 and

fees, etc (Red ink item in column 7. Forest and Excise
9 of Register of Fines) composition fees, etc (Red
ink item in column 9 of
Register of Fines.)
Rs. Rs. Rs. Rs Rs. Rs P. Rs P. Number
P. P. P. P. P. Number Amount
of
of case.
accused
Rs. P.

Total Total Total

Dated Magistrate/Judge Court Magistrate/Judge Dated Acct., Sub. Try. Officer
Court Dated
* Here enter the name of the fund, body or * Here enter the name of the fund, body
* Here enter the name of the fund, body or association concerned and the
association concerned and the provision of law or association concerned and the
provision of law under which the fine is imposed---columns (6) and (14) of the
under which the fine is imposed –See columns provision of law under which the fine is
Register of fines.
(6) and (14) of the Register of fines. imposed columns – See columns (6) and
(14) of the Register of fines.
 349

Administrative Form No.45

(See Rule 129)

REFUND ORDER

Case No……. of 20…., on the file of ………….. Judge/Magistrate, …………….

I,……………. hereby certify that accused/advocate for accused holding

special vakalat in the above case is entitled to a refund of Rs......... being the

amount of fine imposed by the sentence of the Court of the …… Magistrate,

…….. Reversed on appeal by this Court/

Reversed on reference to the High Court/

Reversed by the High Court as a Court of Revision

Judge/Magistrate
……….20 ....
 350

Administrative Form No.46

[See Rule 264(1),(2),(5),(6) and (8)]
A
FORM OF INDEX
Case (Application or Appeal or Calendar) No….. of 20….. on the file of the
Court of the …………………….in the district of…………….
Number of
Date when Alphabetical
the part of
Serial Description the paper or numerical
the record
number of of the paper was filed or mark of the Remarks
to which
the paper and the date put up in exhibits
the paper
the case filed
appertains
1 2 3 4 5 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
 351

B
TABLE SHOWING THE DIVISIONS OF THE RECORD AND THE
DESCRIPTION OF THE PAPERS FOLLOWING UNDER EACH DIVISION

CRIMINAL
Part I
Class of cases Divisions of the record and
description of the papers falling
under each division

(1) Index
(2) Judgment and sentence, if
any (Original and
Appellate) including
spare copies of printed
Trials (other than summary)
Sessions Judgments.
(3) Petition of appeal, or
application for revision, or
letter of referring court,
judgment and order
thereon.
(4) Charges
(5) Documentary evidence
Summary trial All papers including register
Miscellaneous cases (1) Index
(2) Order and grounds, if any
(Original and Appellate) .
(3) Petition of appeal, or
application for revision,
or letter of referring
court, Judgment and
order thereon.
(4) Documentary evidence
 352

Part II

Class of cases Divisions of the record and

description of the papers falling
under each division

(1) Warrant of commitment to

prison, if any.
(2) Complaints to Magistrates,
when acted upon by the
Magistrate.
Trials (other than summary)
(3) Reports by the Police under
sections 174 and 175 of the
Criminal Procedure Code
when followed by action on
the part of the courts.
(4) Oral evidence
(5) All papers not already
specified.
Miscellaneous cases (1) Oral evidence.
(2) All papers not already
specified.
 353

TABLE SHOWING THE PERIODS PRESCRIBED FOR THE RETENTION OF VARIOUS

PARTS OF THE RECORDS IN THE VARIOUS CASES OF PROCEEDINGS

Name of Proceedings Number of years for

which records are to
be retained
Part I Part II
(1) In trials and appeals
(a) Sessions cases *20 3
(b) Warrant cases 20 3
(c) Summons cases 5 3
(d) Summary trials
(A)Forms kept under section 263 of the Code of 10 ..
Criminal Procedure, 1973 (Central Act 2 of
1974) and Judgment recorded under section
264 of the said Code in cases where either (i)
some of the accused or parties proceeded
against have not been apprehended or (ii) the
accused or any of them have been convicted
of an offence of repetition of which renders
the offender liable to enhanced punishment.
(B)All other records 3 …
(2) In Miscellaneous proceedings
(a) Maintenance 20 3
(b) Security to keep the peace or for good behavior 10 3
(c) Other miscellaneous proceedings 3 3
(3) Records in cases referred by the Police or in which 3 …
further investigation is stopped
(4) Records in cases entered in the Register of long 30 30
pending cases
From the date on which the case was
entered in the register of long-pending cases.
__________________________________________________________________

*In cases in which the sentence passed is one of imprisonment for life, the
judgment must be preserved until the report is received of the convict’s death or
release.
 354

TABLE SHOWING THE PERIODS PRESCRIBED FOR THE RETENTION OF THE

VARIOUS COURT REGISTERS, BOOKS AND PAPERS

Number and description of Court Registers, Number of years for which the
books and papers registers, etc., to be retained
(1) Register (Other than of Summary 5
trials) in the use of Criminal Courts
(1) (a) Register of long Pending Cases 30
(2) Record Destruction Register of 25
Criminal Cases
(3) Register of Court-fees 3
(4) Copyists’ registers and process service 3
registers
(5) Challan cheque books 10
(6) (a) Magisterial and Judicial 5
Registers of correspondence
received and dispatched and
administrative registers of
dispatch
(b) Magisterial and Judicial 20
Registers or correspondence
received and despatched and
administrative registers of
dispatch in the Revenue
Divisional Offices
(7) Other Court or Office books and 3
registers

(8) Correspondence with the High Court 20 years from termination

on important matters and the orders of
the High Court thereon, including
administration reports received from
the High Court and Government
(8) (a) Criminal Administration Report – 20
Salient features
(9) Other correspondence 3 years from termination
(10) Yearly and half-yearly statements 5
(11) Monthly and Quarterly statements 3
(a) Criminal Statistical returns 3
 355

(b) Copies of calendars and 1

Judgments submitted by the
Magistrates to Sessions Judges
(12) Magisterial diaries, Police Arrest 3
Returns, Police Occurrence Reports
and Police Reports on unnatural and
sudden deaths
(13) Bound volumes of printed Sessions 35
Judgments
 356

Administrative Form No.47

(See Rule 301)

CALENDAR CASE NO.......... OF 20.....

ON THE FILE OF THE ….................MAGISTRATE OF.................

Explanation for delay

Date of appearance
Date of occurrence

commencement of
Date of report or

Date of issue of

Date of order
of accused
complaint

process

Date of

(1) (2) (3) (4) trial

(5) (6) (7)
 357

Administrative Form No.48

(See Rule 301)

LIST OF CALENDARS DESPATCHED FROM THE OFFICE OF THE

CHIEF JUDICIAL MAGISTRATE/CHIEF METROPOLITAN MAGISTRATE
OF.................TO THE SESSIONS JUDGE......................

Number of the Nature of the Date of

Remarks
case proceeding Order Receipt

Office of Chief Judicial Magistrate/

Chief Metropolitan Magistrate
Dated …... day of ….....20... Chief Judicial Magistrate /
Chief Metropolitan Magistrate
 358

Administrative Form No.49

[See Rule 204 (A) (3) & (4)]

FOIL

(FORM OF RECEIPT TO BE GRANTED BY THE COURT)

IN THE COURT OF THE ……………………………….

Received this __ day of ___20__ from ___________________

S/o________________, the sum of Rs.______ being the whole/part of the
fine/compensation directed to be paid by _________ the accused / complainant in
C.C.No.___________on the file of this Court.

Rs.________________

Magistrate/Judge

COUNTERFOIL

(FORM OF RECEIPT TO BE GRANTED BY THE COURT)

IN THECOURT OF THE …………………………………….

Received this _____ day of _______20___from

____________________________, S/o_________________________ the sum of
Rs._____being the whole/part of the fine/compensation directed to be paid by
_______________________________ the accused/complainant in C.C.No.____ of
___ on the file of this Court.

Rs.________________

Magistrate/Judge
 359

Administrative Form No.50

(See Rule No.301)

FORM OF RECEIPT TO BE GRANTED BY THE COURT

IN THE COURT OF THE …................................

Received this ___ day of _______ 20__ from _____ S/o_____, the sum

of Rs. ____ being amount deposited by the complainant /accused

petitioner/C.P. _______ in C.C./M.C. No. _____ on the file of this Court.

Magistrate
 Administrative Form No. 51
Administrative
(See Rule No. 51
Form301)
(See
FORM OF RECEIPT TO BE USED Rule 301)
WHEN VALUABLES ARE SENT FOR DISPOSAL
FORM OF RECEIPT TO BE USED WHEN VALUABLES ARE SENT FOR DISPOSAL

SESSIONS COURT SESSIONS COURT ACKNOWLEDGEMENT

SESSIONS COURT
…................ SESSIONS COURT
ACKNOWLEDGEMENT
(To be returned after verification and
…....................
…................ ….................... (To be returned after verification and
signature)
Dated …......... 20…. . Dated …............... 20….. ……. signature)
Magistrate’s Office, …………
Dated …......... 20…. . Dated …............... 20….. ……. Magistrate’s Office, …………
Dated......................20… .
From Dated......................20… .
From From
FromSessions Judge, ….................. From Sessions Judge, …............ From The …...........Magistrate, …............
Sessions Judge, ….................. Sessions Judge, …............ The …...........Magistrate, …............
To To To
To To To
The …................................. The …........... Magistrate, .......................................... The Sessions Judge, ….................
The Sessions Judge, ….................
The ….............Magistrate,
….............Magistrate, …................................. The …........... Magistrate, ..........................................
360

Sir,
Sir, Sir,
Sir, Sir, Sir,

II am
am to
to forward
forward herewith
herewithfor ..........the
for..........the I am
I am to to forward
forward herewith
herewith for for .............
............. I am Itoam to acknowledge
acknowledge the receipt
the receipt of the of the
under
under mentioned
mentioned properties
properties inin Sessions
SessionsCase Case thetheunder mentioned
undermentioned properties
properties in Sessions
in Sessions properties noted below that accompanied
properties noted below that accompanied your your
No…
No… of of 20….
20…. (P.R.C.No.
(P.R.C.No. ….of ….of20…on
20…onthe Case
the Case No…No… of of 20….
20…. (P.R.C.No.
(P.R.C.No. ….of….of
20…on 20…on letterletter
No……., No…….,
dated dated
……. …….20…. 20…. (Sessions
(Sessions
file
file of the
the Judicial
Judicial thethe filefile of of the the Judicial JudicialCase Case
No…..ofNo…..of
20….in 20….in P.R.C.No…..of
P.R.C.No…..of 20… 20…
Magistrate,..........................) and
Magistrate,..........................) and toto request
request Magistrate,..........................)
Magistrate,..........................) to request
and and on the file of the Judicial
to request on the file of the Judicial Magistrate Magistrate
that the accompanying acknowledgment may that the accompanying
that the accompanying acknowledgment may that the accompanying acknowledgment acknowledgment may may ………………..).
………………..).
be returned to me after your verification and be returned to me after
be returned to me after your verification and be returned to me after your verification and your verification and
signature.
signature. signature.
signature.
Sessions Sessions Judge Magistrate
Magistrate
SessionsJudge
Judge Sessions Judge
 361

Administrative Form No.52

[See Rule 268(3)]

NOTES OF INSPECTION OF THE COURTS OF

JUDICIAL MAGISTRATES/METROPOLITAN MAGISTRATES, …………..

INSTRUCTIONS

I. Pendency of cases

The main duty of the Court is to dispose of cases expeditiously, consistent with the rules
of procedure and in the interests of the parties. The points to be noted are: (1) the maximum
duration of a criminal case should not exceed two months, (2) priority has to be given to the trial
of cases where persons are in custody, (3) where from the beginning it is found that the accused
are not easily available, prompt and effective steps should be taken to issue processes under
sections 82 and 83, Criminal Procedure Code, to see that the cases are transferred to the long
pending case register and (4) where an accused is present, but witnesses are not secured within a
reasonable time, the proceedings are brought to a termination by applying judiciously section
258, Cr.P.C., in Summons Cases. The state of pendency should be checked with reference to the
above along with other points that may suggest themselves to the Inspecting Officer.

II. Expeditious trial of cases

The attention of the Inspecting Officer is drawn to rules 3,5,7, and 10 of the Manual of
Instructions for the Guidance of Magistrates, in this regard. This inspection should be designed
to find out if the trial of cases has proceeded in the light of those instructions, in addition to the
provisions of the Criminal Procedure Code and the Criminal Rules of Practice. For answering the
above questions, at least six cases of long duration under different categories, viz., warrant,
summons, security, P.R.Cases should be selected and examined.

III. Disposal of property

As one goes down lower and lower in the hierarchy of Criminal Courts, the accumulation
of case property, valuable and non-valuable, increases progressively the burden being the
heaviest on the Court lowest down, viz., the Subordinate Magistrates. The crucial points to be
borne in mind under this heading are:- (a) the footnote under register in Criminal Register No.19
is often held to imply that the Magistrate need personally check only the valuables once in three
months and send a report of such verification once in three months. This view is not quite
correct. The Magistrates have also to check non-valuables periodically or at least have a
verification made by the Head Ministerial Officer once a quarter; (b) the accumulation of non-
valuable properties in the property room should be avoided by a judicious use of (i) sub-section
(2) of section 452, Criminal Procedure Code, which permits properties to be returned on bond at
 362

any stage, (ii) section 451, Criminal Procedure Code which permits properties subject to speedy
and natural decay to be disposed at once; and (iii) sub-section (2) of section 457 which requires
the issue of a proclamation only in cases where the owner is not known, but not where there is an
order directing the property to be returned to a specific person.

IV. Witness batta and process fee

The duty of the Court is to collect batta in private complaints where such batta has to be
collected under the rules, keep proper accounts for its disbursal and refund. In cases prosecuted
by the State, batta is to be paid from contingencies, but the batta payable has to be calculated
correctly under the rules under the orders of the Magistrate, and correctly disbursed. This task is
left to a ministerial subordinate, but it is essential that the Magistrate keeps a careful day-to-day
check over this item of work.

V. Collection and remittance of fines

Prompt collection of fines is as important a part of the Magistrate’s work as the trial of
cases. The Magistrate should also see that fines which have become unrealizable are written off
at the earliest moment when it is permissible to do so. For this, proper and systematic attention
should be bestowed on, (a) the execution of distress warrants and (b) the completion of default
sentences. The fine statements which enable the superior Courts to watch this aspect of the work,
should be correctly prepared and sent promptly on the due dates. The proper maintenance of the
“working sheet for fine recovery” in Form 37 is an essential part of this work. It should also be
borne in mind that very often the bulk of the arrears shown as pending, relates to taxation cases,
and it is also in this type of cases that the fines are most easily capable of realization, provided
prompt coercive processes are taken.

VI. Maintenance of Court Registers

It is essential that every court register is checked at least once a month by the Head
Ministerial Officer and by the Magistrate-in-charge. A programme of inspection for the registers
should be drawn up before up before the 5th of every month and the results of the inspection
entered in a running note file, and steps taken to see that the defects found out are promptly
rectified.

INSPECTION OF THE COURT OF THE ….........of ….......

This Court was inspected by.......................................... on ….............................

Names of Magistrates who presided over the Court during the period covered by the
inspection and the period during which each of them held the Office.
 363

Pendency of cases

1(a) What was the institution in the court during the year under review of cases under
(I) Indian Penal Code; (2) special and local laws; (When an accused is prosecuted both under the
Indian Penal Code and under a section of the special and local law, classify it under Indian Penal
Code cases); (3) security and maintenance cases; (4) Committal cases?

(b) Has the distribution of work between the various magistrates been judicious bearing
in mind both the quality and quantity of judicial work?

2. What is the present condition of the Court’s file? Does the last statement of pendency
of cases sent up for the Court tally with the registers?
Give the following:-
(a) Number of cases pending for over 2 months:
(i) on the date of inspection:
(ii) at the end of the previous quarter:
(b) Number of cases pending for over six months:
(i) on the date of inspection:
(ii) at the end of the previous quarter:
(c) Number of cases pending over one year
(i) on the date of inspection:
(ii) at the end of the previous quarter:
[NOTE: – Under (a), (b) and (c), give figures separately for cases in which the accused
have appeared and those in which the accused have not appeared.]
Examine the reasons for the pendency for over two months, and state whether the cases
have been pending unnecessarily.
(NOTE: – While the details should be communicated to the Magistrate, they can be
omitted from the copy of the report submitted to the High Court.)
3. In cases where the accused is reported to be absconding, have steps been taken for the
issue of non-bailable warrants, calling for property reports, issue of property reports, issue of
proclamation, and transfer of cases to the long pending cases register after complying with the
formalities prescribed in rule 32 of the Criminal Rules of Practice?
 364

Register of long pending cases

4. Have steps been taken to remind the prosecution to expedite the securing of the
accused in cases which have remained in the long pending case register for a very long time, or
withdraw such cases if necessary?
Expeditious trial of cases
5. (a) Has the diary register been maintained in accordance with Rule 65 of the Criminal
Rules of Practice? (Check entries with reference to at least 6 cases of long duration).
(b) Have the figures of attendance of witnesses on each date of hearing been correctly
entered in the diary with reference to the High Court’s Circular P.Dis.407/53, dated 3 rd July
1953?
6. Does the Magistrate normally commence his work at 10.30 a.m. and sit in Court till
5.30 p.m. on all working days? (See rule 1 of the Manual of Instructions at page 1. Whether the
entries in the dairies are genuine should be verified with reference to some dates selected at
random.)
7. (a) Are the First Information Reports entered in the register promptly on receipt?
(b) Have there been any cases of delay on the part of the police in filing charge-sheets?
(c) Has there been any delay in taking charge-sheets on the Magistrate’s file?
(Excluding holidays, any delay beyond three days should be explained.)
(d) Have referred charge-sheets been pending unnecessarily?
(e) Have copies of final orders in referred charge-sheets been sent to the District
Superintendent of Police/Commissioner of Police without delay?
8. Have orders on applications for bail been passed without delay?
9. Has the correct procedure been followed upon the receipt of private complaints, in
regard to –
(a) the careful examination of the complainant on oath; and without delay after the
presentation of the complaint;
(b) the forwarding of complaints to the police for enquiry under section 202, Criminal
Procedure Code, for adequate reasons recorded;
(c) the intelligent and proper use of Section 203, Criminal Procedure Code.
(Note: - About 10 per cent of the private complaints should be examined in the light of
instruction 3 in the Manual of Instructions.)
10. Have requisitions under section 164, Criminal Procedure Code, been promptly complied
with by the Magistrate?
11. (a) Has care been taken to avoid posting of more contested cases than can be
conveniently heard on one day?
 365

(b) Have preliminary register cases been given preference to other work and heard and
disposed of expeditiously? Have the preliminary enquiries been concluded within eight weeks?
(c) Have unnecessary adjournments been avoided?
(Note: - Adjournments for examination of the accused, “for consideration” before framing
charges, or for arguments should be scrutinized in at least 6 selected cases.)
12. Were witnesses detained beyond three days, consecutively or otherwise? (Examine the
reasons for such detention in ten cases of long duration.)
13. Have the processes been issued promptly, and has the selection of the appropriate
process (summons, bailable warrant and on-bailable warrant) and the time granted for the service
been judicious and proper?
14. Has the process register been maintained properly? (See G.O.No.3495, Home, dated 1st
October 1952)
Has the inspection of the process registers by the Inspector of Police and other
departmental Officers been regular, systematic and effective?

15. Have steps been taken to forfeit bonds for appearance of witnesses or the accused in
cases of default? (Examine at least six cases of long duration.)

16. Have powers under section 258, Criminal Procedure Code, been judiciously
exercised?

17. Whether the examination of the accused by the Magistrate under section 313,
Criminal Procedure Code, has been carried out in an intelligent manner; were questions framed
to draw the attention of the accused to the important facts tending to incriminate the accused?
(To be answered with reference to about six cases selected at random.)

18. (a) Has the Magistrate set apart particular days for the hearing of cases under the
Forest Act, Motor Vehicles Act and the Local Bodies enactments?

(b) Is any modification of the dates necessary? (Vide rule 5 of the Manual of
Instructions.)

19 (a) Are judgments or orders promptly delivered, normally within three days after
the conclusion of the enquiry or trial?

(b) Has there been any delay in the submission of calendars to superior Magistrates?

(c) Have the E Forms in forest cases and P-18 forms in cases under the Prohibition Act
been promptly dispatched to the departmental authorities at the conclusion of the trial?

20(a) Are cases of short-term imprisonment numerous?

 366

(b) Has the imposition of fines been judicious?

(c) Have the punishments in case under the Forest Act and the Prohibition Act been
adequate?
21 Examine the cases dealt with under the Probation of Offenders Act, section 360,
Criminal Procedure Code, Borstal Schools Act, and the Juvenile Justice (Care and Protection of
Children) Act, 2015. In your opinion, has the Magistrate applied those provisions effectively,
and in proper cases?

22 Is the number of cases compounded under section 320 , Criminal Procedure Code,
unduly large?

23 Does the Magistrate discourage ill-founded complaints by a judicious use of

section 250, Criminal Procedure Code?

24 Has the average duration of cases disposed of in the previous quarter been unduly
long? (The duration of cases should be taken up under three groups, cases under Indian Penal
Code, Preliminary Register Cases and cases under other laws.)

25 Have the orders of the High Court modifying or setting aside the judgment been
noted at the foot of the judgment in the records as required in section 388, Criminal Procedure
Code? Furnish figures under the following heads:

(i) Number of cases taken to High Court in appeal or revision during the year.
(ii) Number of cases where orders are confirmed.
(iii) Number of cases where orders are set aside or modified.

Disposal of property
26(a) Are the properties produced in Court, promptly entered in Criminal Register
No.19 and Judicial Form No.70 under the initials of the Magistrate as per Rule 58 of the
Criminal Rules of Practice? (Check at least six cases with reference to the entries in the Police
Form

(b) Have the cashier’s initials been obtained in column 5 of Judicial Form No.70 (in the
case of Metropolitan Magistrate Court) ?

27 Have orders for disposal of property been promptly passed along with the
disposal of the cases, entered in Criminal Register No.19 (in the case of Judicial Magistrate
Court) and in Judicial Form No.70 (in the case of Metropolitan Magistrate Court) and carried out
without delay?
 367

(NOTE –– Tabulate the figures for each year under the heads:
Pending at the commencement; Received during the period; disposed of; pending at
the end of the period.)
28 Are the valuables in custody found correct with reference to the entries in the
property register? Are the valuable properties checked by different Magistrates as per Rule 59 of
the Criminal Rules of Practice?

(NOTE –– The valuables should be sent for and checked at the time of inspection.)
29 Is there a separate room for non-valuable properties, and is it securely fastened
with the key in the custody of the officer? Is the room clean and well kept? (A few items should
be checked.)

30 Is the key of the box of valuables kept by the Magistrate in his personal custody
and was it produced at the time of inspection?

31 Are the confiscated properties handed over to the Collector for disposal as per
Rule 261 Criminal Rules of Practice?
Is the confiscated cash promptly remitted into the Treasury?
Are the challan numbers being noted in the property register?
Are the chalans available in the records?
32 Has Register No. 20 (of unclaimed property) been properly maintained?

Witness batta and process fees

33 Are process fees collected correctly as per Rule 63 of the Criminal Rules of
Practice? (Check the entries in Criminal Register No. 12 with the records in at least six cases.)

34 (a) Has the register of witness batta collected from parties in Criminal Register
No.26 been correctly maintained, and does the cash balance on hand agree with the balance in
the register? (Verify if the instructions in High Court’s Circular P.Dis. 559/54, dated 27 th July
1954 have been followed.)

(b) Has batta been collected and disbursed properly and without delay under
acknowledgement?

(c) Has undisbursed batta been properly disposed of in the light of the High Court’s
Circular P.Dis.No. 1322/53, dated 9th October 1953?
 368

35 (a) Is witness batta payable by the Government calculated correctly under the
rules in the Criminal Rules of Practice, with proper data for classification and distance traveled
and with the period for detention correctly computed with reference to Criminal Register No.28?
(To be answered by examining six case records where there are numerous witnesses.)
(b) Are Criminal Register Nos.27 and 28 properly maintained?
(c) Has witness batta been disbursed without delay to all the witnesses who attend the
Court?
Collection of fines
36 Is the register of fines in Form No.25 correctly maintained?

(a) Is the levy of fines including taxes collectable as fines brought promptly to account
and initialed by the presiding Magistrate? (Verify a few cases with reference to case records,
register of fines and counterfoils in the receipt book.)
(b) Is the collection of fines promptly entered in the register?
(c) Are the collected fines remitted into the treasury on the date of collection or at least
on the next working day?

(d) Are the fines collected correctly classified in this register?

(e) Is the cancellation or reduction of fines in appeal or revision promptly and correctly
entered in the register?

(f) Is the register of refund certificates and refund vouchers properly maintained and are
refunds promptly made?

(g) Is the monthly statement of fines correctly prepared and submitted on the due date?

(h) Is the “working sheet for fine recovery” in Form 37 maintained?

(i) Has prompt action been taken (a) to collect unpaid fines and (b) to write off fines
which have become unrealisable?

(j) When the accused has been given time to pay the fine, have bonds been taken for his
appearance as provided in Section 424, Criminal Procedure Code?

(k) Are the dates of adjournment for payment of fines entered in the hearing book?

(l) Have amounts earmarked for credit to the Local Boards been promptly credited?
 369

(m)Is there any case of the accused not being available to undergo default sentence, or of
undue delay in directing the accused to undergo default sentence?

(n) In commercial tax cases and local and municipal tax cases, has undue latitude been
shown in granting adjournments of the cases, and (ii) in giving time to the accused to
pay the amounts levied? (Examine the proportion of amounts pending collection
under this head out of the total amount of fines and taxes remaining unrealised.)

37 In respect of Metropolitan Magistrate Courts, has the fine register been

maintained properly and checked by the Magistrate daily and his initials affixed? Has the register
been checked by the Accounts section daily? Check entries on one day for each month.

Records and Record Room

38 (a) Have the records of cases been arranged and indexed in accordance with rule
264 of the Criminal Rules of Practice?

(b) Are the records sent to the record room promptly under the initials of the record
keeper in Criminal Register Nos. 1 to 5?
(c) Is the records movement register properly maintained?
(d) Is the return of the records properly recorded?

39 Are stamps received in court properly punched and duly entered in Stamp Register
No.12?

40 Is the record room clean and neatly kept?

41 Have the rules for the destruction of record in Criminal Rules of Practice 264 been
followed and is the destruction work up-to-date?

Maintenance of the prescribed Criminal Registers

42 Have the administrative registers prescribed in the Criminal Rules of Practice been
correctly maintained?
(NOTE –– Exclude registers covered by the previous questions.)

43 Have repayment orders been issued regularly to the Commissioner of Police/District

Superintendent of Police and Head of the Local Body for payment of reward amounts, taxes and
license fees respectively?
 370

44 Have the registers been periodically and effectively checked by the presiding
officer and the Head Ministerial Officer?

(NOTE –– (1) The presiding officer should draw up a programme for checking
these registers by himself and by his Head Ministerial Officer and their remarks
should be recorded in a running note file with report of the rectification of the
defects. Attention is drawn to the instruction no.34 at page 66 of the Manual of
Instructions to call for explanations for failure to inspect the registers.
(2) Criminal Register No.6 [Administrative Form No.6] should be checked with
reference to the collection of the amounts and the remittance to the Railway in
respect of applications under Section 138 of the Railways Act, 1989.
Office Administration

45 Have the following registers been properly maintained?

(a) Permanent Advance Amount and Register of contingencies

(b) Service Postage Stamp Account and Despatch Register
(c) Security Register
(d) Service Registers
(e) Register of Copy Applications.
(f) Pay Acquittance Register.
(g) Attendance and Casual Leave Registers.
(h) Furniture Register.
(i) Stationery Register and Register of Forms.
(j) Library Register.
(k) Registers of papers received
(l) Cash Book.
(m)Fair Copy Register
(n) Monthly Cash Book
(o) Disbursing Officer’s statement of expenses in case of Metropolitan Magistrates Court
(p) Daily Cash Balance Register in case of Metropolitan Magistrates Court
(q) Daily Cash Book of the Accountant in case of Metropolitan Magistrates Court
(r) Monthly Cash Book of Receipts and Payments in case of Metropolitan Magistrates
Court
(s) Criminal Court deposit register

46. (a) Is the supervision of the Head Ministerial Officer effective?

(b) Has the Head Ministerial Officer dealing with cash and valuables furnished the
security required by the rules? (Form of security may be stated).

(c) State whether the security has been verified periodically as required by Article 288 of
the Tamil Nadu Financial Code, Volume 1 and note the result of the last verification
(applicable to the Chief Metropolitan Magistrate / Court of Session).
 371

47.On how many days in the week, does the Assistant Public Prosecutor attend Court? If any
revision is necessary, have steps been taken by the Chief Judicial Magistrate to secure the
revision?

48. (a) Are the court premises and compound kept clean?

(b) Are the premises in good repair? Are any improvements necessary?

(c) Note the condition of the trees planted in the compound as part of the tree planting
programme.

(d) Are the precautions taken against possible fire adequate?

49. Are the Government Orders, High Court Circulars and the Principal District Judge
Circulars maintained up to date in properly classified files?

50. Are the seals of the court, belts and badges in good condition?

51. Has action been taken promptly to rectify defects pointed out at the previous
inspection?

52. Remarks on the administrative work of the Magistrate:-

(NOTE- In appraising the work of the Magistrate, the instructions in High Court’s
P.Dis.No.314/52, should be borne in mind).

Supplementary questions to be answered when the Courts of Chief Judicial Magistrates/Chief

Metropolitan Magistrate are inspected and the report to be submitted as a confidential enclosure
to the Notes of Inspection.

1. Have Criminal Registers 2 and 10, 3 and 11 been properly maintained?

Tabulate the results of Criminal Appeals and Revisions disposed of during the period
covered by the inspection :

(a) Criminal Appeals disposed of; confirmed; reversed; sentence modified.

(b) Revisions disposed of; dismissed; allowed; number of cases taken up suo motu.

2. (a) Was the perusal of calendars by the Chief Judicial Magistrate / Chief Metropolitan
Magistrate systematic and effective?

(b) Has the Magistrate ensured prompt submission of calendars?

(c) Has the Magistrate taken effective steps to ensure prompt resubmission by subordinate
magistrates of calendars on which remarks were passed by superior magistrates? (Any delay of
over a week should have been explained when the calendars were re-submitted.)
 372

3(a) Has the Magistrate ensured punctual submission of the monthly statement?

(b) Are the scrutiny of and reviews on monthly statements adequate and effective?

4. Has the Magistrate avoided the use of harsh or intemperate language in his remarks on
calendars and in his reviews?

5. Has the Chief Judicial Magistrate/Chief Metropolitan Magistrate exercised an effective

administrative control over the work of the subordinate magistrates within his jurisdiction?
 373

QUESTIONNAIRE FOR THE INSPECTION

PROCEEDINGS NO. ROC.4228/78 Bud-I, Dated:12.07.1978 of the

Hon’ble High Court, Madras

NOTES OF ANNUAL INSPECTION OF THE OFFICE OF THE

………….. , ………………FOR THE YEAR ………

i. Name of Inspecting Officer

ii. Period covered by Inspection
iii. Date of preparation of Notes
iv. Date of Final Inspection
v. Name of Head of Department during the period covered
by inspection
BUDGET AND PLAN
Is the Number statement prepared correctly and sent
1. before the due date?
2. Are the Revised Estimate and Budget Estimate prepared
with reference to the Budget Manual and sent on or
before the due date?
3. (a) Are the Budget Provisions communicated to
Subordinates and if so, when?
(b) Is it ensured that the corresponding D.P. Code
Number is also communicated to Subordinates
along with the Head of Account while
communicating above?
4. Is final modified appropriation prepared and sent in time?
5. Has there been excess expenditure and if so, why?
 374

ACCOUNT AND RECONCILATION

1. Whether the incurring of expenditure under proper

sanction and receipt of moneys by adjustment bills and by
cash have been properly classified under the appropriate
head viz., from major head up to detailed head?
2. Whether in respect of the above, the correct D.O. and
D.P. Code number have been accurately indicated?
3. Whether correctly prepared enfacement slip is attached to
each bill?
4. Whether the D.O. and D.P. Code are also indicated in
office copies of all categories of bills?
5. Whether relevant D.O. Codes and D.P. Codes have been
extracted in M.T.C.70 Register.
6. Whether the monthly reconciliation is done in time in
respect of all heads?
7. Whether prompt action is taken to set right the
misclassification notices and the fact indicated in the
reconciliation Register?
8. Has there been any instance where positive action has
been taken against subordinates for non-reconciliation of
monthly figures?
9. Whether the D.P. Code is noted in the relevant column of
classification in the control of expenditure register as well
as various bill Registers?
10. Whether a stock file of order received and issued in
regard to D.O. Code and D.P. Code is exclusively
maintained?
11. Whether the monthly progressive report on the stage of
reconciliation of loan heads (Government servants loans)
is being sent?
 375

1 LOANS AND ADVANCES

Is a Register maintained for advance of pay and T.A.
granted to Government Servants on transfer/Tour and are
recoveries regularly made?
2. Are any such advance pending now long and why?
3. Is there any case where the advance has been drawn more
than necessary?
4 REGISTERS WITH REFERENCE TO
G.O.Ms.No.610 FINANCE dt:27.06.75
(a) Where loan sanction register(Annexure-2) has been
opened with effect from 1.4.91, including outstanding as
on 1.4.91 common to all category to loans (General
Provident Fund Sanction should also be entered in this
sanction register?)

(b) Is there any irregular sanction of advance?

5. Whether individual loan ledger has been opened?
6. (a) Whether loan recovery register has been opened in
respect of short term loans; loan-wise (Cycle, Handloom,
Khadi, F.A., G.P.F., Warm Clothing) etc.,
(b) Whether separate recovery register is maintained in
respect of long term loans viz.,
 House Building Advance
 Marriage Advance
 Car/Scooter Advance
7. Whether a Register in Form 29 of T.N. Financial Code,
Vol. I is maintained for noting the name and premium
details of postal life insurance Holders?
8. Whether the requisite register is maintained to ensure that
proper action is taken on all the requisitions received from
the co-operative societies?
9. Whether the above registers are put up for monthly
check?
 376

10. Whether Government Servants who join, furnish written

declaration regarding recoveries and whether the entries
thereto are verified later with last pay certificate?
11. Whether the Internal Audit party is verifying the above
register at the time of Inspection and if so with what
result?
12. Whether the report in Annexure 7 to the Government
Order are received from the District Controlling Officers
regularly?
13. Whether the D.C.B. in Annexure 8 to the G.O. is sent to
the Accountant General annually without delay?
14. Whether the D.C.B. at the end of the financial year has
been furnished to the Accountant General on or before
30th June of each year in respect of all categories of
Loans?
i. Loans to Government Servants
ii. Short term loan wise
iii. Long term loan wise
15. Whether all the loan registers are checked every month by
an Officer nominated for that purpose and whether he has
initialed in the check memorandum to be pasted in each
register in token of monthly check?
16. Whether there are any audit inspection parties for
inspection of loan records in the subordinate officers and
if so, whether the prescribed questionnaire is exhaustive
and adequate?
17. What are the loan registers maintained other than those
referred to above and how far they are adequately
maintained?

UTILISATION OF THE INVENTORY

(Machinery and equipment)
In the case of saleble goods, whether sales register is
1. maintained? Is the sale proceeds remitted into the Sub-
Treasury/Bank without any delay?
2. Whether the entries in the cash bill and in the stock
register have been checked and attested by the competent
authority?
3. What is the form of security furnished by each
Government Servant employed?
4. Where are the security bonds kept?
5. Has periodical action been taken to dispose of waste
paper, unserviceable articles, etc.,?
6. Has the receipt been granted from the bill book for all
moneys received, except those drawn from the Treasury?
 377

7. (a) Are there any items of stores which should have

become unserviceable or time barred?
(b) Are there spoiled or damaged items of stationery (to
be detailed)
8. Are all the items of stationery free from damage and kept
well stocked?
9. Is the room where the stores are kept free from dampness
and rodents? Had the room been properly wired without
leakage?
10. Have adequate precautions been provided against fire?
11. Is the room kept properly locked?
12. Is the register kept in all prescribed form for all articles of
furniture, stationery and other articles received and
disposed of?
13. Whether a register of bills invoices received from supplier
is maintained?
14. (a) When was the receipt and issue of stores and stock
physically verified and by whom? To be checked by any
Officer and certificate of verification recorded therein?
(b) Has there been any occasion when the stock was
verified by surprise check?
15. Have receipts been obtained from the public for all
moneys disbursed to them and the receipts been retained
in the office or sent to Accountant General/Pay and
Accounts Officers?
16. Have full reasons for condemning the stores which have
become unserviceable been recorded along with the
certificate prescribed in Art.140 of T.N. Financial Code,
Vol. I ?
17. Has the value of unserviceable stores been treated as loss
to Government within the meaning of Art.294 of T.N.
Financial Code Vol. I and Procedure prescribed therein
has been strictly followed?
18. Have entries been made in the register of written off in
respect of all orders of written off issued by the Heads of
Department and Government?
19. Have all the details of the amounts written off and the
amounts ordered to be recovered been noted in the
register?
 378

1. AUDIT
(a) Is the register of audit objections maintained in the
prescribed form?
(b) Is it being put to the concerned Officer once in a
month and at least once in a year?
2. Have all the objections received from the Accountant
General been replied to promptly? (Duration of pendency
with reasons therefor may be detailed?)
Special Accounts relating to Judicial Department, Civil, Criminal Court Deposits and other
Register.
Regarding Accounts.
1. Cash Book (C.F. No.119) and Ledger (C.R.No.35)
(a) Are they kept in bound volumes paged throughout and are
they written in accordance with the rules laid down in Part-
I, Vol. II of the Civil, Criminal Rules of Practice and
Circular Orders?
(b) Is the cash book when the court banks with the Treasury,
the Register of Receipts (CR.No.36) and of department
(CR.No.37) balance weekly and with the treasury or Banks
weekly statements?
(c) What is the last date when the statement was so compared?
Was there a difference and if there was one, has it been
properly accounted for?
(d) Are the weekly statements received from the treasury or
bank filed chronologically?
(e) Do the entries in the Cash Book agree with the entries of
receipts in the Register of impounded instruments and the
entries in the cash payment Registers?
(f) Are the heads of accounts properly classified in the ledger?
(g) Is the ledger balance at the end of the year and the totals
tally with those of cash book?
(h) Are attachments of amount of prohibitory orders relating
thereto duly noted in the ledger?
(i) Is the balance on hand of all receipts shown by the cash
book and the ledger checked by the District
Munsif/Subordinate Judge with the Money actually in the
Head Clerk’s/Sherishtadar’s hand?
2. Register regarding the control of expenditure (Civil Misc.
Forms:97 and 98)
(a) Is the classification of the entries in the account
correct and are the accounts properly kept
agreeable to the instructions issued regarding their
maintenance?
(b) Are the disbursing Officers submitting monthly
accounts to the Sub-controlling Officer punctually?
 379

3. (a) Is the cash payment book (C.B. No.40) maintained

properly?
(b)Are the signature of unknown persons attested by
known persons?

4. Are the following accounts duly maintained?

a) Contingent Register
Are the vouchers duly filed and cancelled?
b) Salary acquittance Register (T.&A. No.11-R)

c) Register of Service Postage stamps (C.R.No.57)

1. Do the entries in Register of Service Postage stamps
correspond with the entries in the Register of
correspondence despatched?
2. Does it show that the Nasir kept any separate stock of
stamps?
3. Cheque books (Civil Miscellaneous Forms 14 & 15)
(a) Are they kept under lock and key in the personal
custody of the District Munsif/Sub Judge?
(b) Permanent Advance Accounts:
1. Is the balance struck when contingent bills are drawn?
2. Is the permanent advance amount correct on verification
of cash and vouchers?
(a) Are the instructions laid down in Article 49 of the
Tamil Nadu Account Code, Vol.I followed?

(b) In case there was a transfer of the Presiding

Officer during the period covered by this
inspection. Is the handing over the cheque books
duly recorded in the cash book over the signature
of both the relieved and relieving Officers?

(c) Are applications for cheques brought for orders

promptly in the order of receipt and cheques
issued promptly after orders are passed?
 380

ANNEXURE

QUESTIONNAIRE TO BE ADDED TO EXISTING

INSPECTION QUESTIONNAIRES IN USE IN THE VARIOUS DEPARTMENTS

1 Appointments:

(i) Does the office maintain a watch on the prompt preparation of list of approved
candidates for all categories?

Note: This question will be answered in respect of the categories for which the Head of
the office inspected or his subordinate is the appointing authority.

(ii) Examine a few files or disposals relating to the preparation of such lists and
answer the following questions:--

a. Has the Schedule of dates prescribed been adhered to?

b. Are adequate number of candidates selected by the competent authorities?

c. Are such candidates selected by the competent authorities being appointed

regularly even in the first instance?

(iii) Are temporary appointments made only when candidates selected by the
competent authorities are not available?

(iv) Have persons with more than 3 years temporary service been allowed to draw the
first increment in the 4th year?

2 Maintenance of Service Registers:

a. Are service registers maintained for the personnel in accordance with the
instructions in the Fundamental Rules?

b. State:

(1) The total number of persons for whom Service Registers are to be maintained.
(2) The total number of persons for whom Service Registers are actually maintained.
(3) The reasons for not opening Service Registers for others.
(4) The total number of cases where certificates of verification of service have not
been furnished.
(5) The steps taken to issue the certificates in respect of cases in item (4) above.
(6) The number of cases where sanction of periodical increments has been delayed.
(7) The steps taken to sanction increments in the delayed cases and to ensure that
such delays did not recur.
 381

3 Maintenance of Personal Files:

a. Are personal files for all Government servants concerned maintained properly and up-to-
date?
b. State the number of cases where the entries in the personal files are not up-to-date.
c. Have adverse remarks, if any, been communicated to the Government servants concerned
and their acknowledgmenst filed, in the personal files?
d. State the number of cases where adverse remarks were not communicated (excluding
cases where the scrutinizing authority has specifically ordered the withholding of
communication of adverse remarks).
e. Are defaulter sheets maintained for Last Grade Government servants?

4 Declaration of probation:

a. Is a register of probationers maintained up-to-date separately for each category of

Government servants?

b. Has it been examined every month and action initiated well in advance in all cases due
for declaration of the completion of probation?

c. Have probation sheets been opened for all persons regularly appointed?

d. Are there any delays in passing orders of completion of probation?

5 Register of substantive appointments:

a. Is a Register of substantive appointments maintained up-to-date?

b. Has it been examined every month by the Head of the Office or other competent
authority?

c. Are there any delays in making substantive appointments?

d. Is intimation sent to other appointing authorities promptly whenever any substantive

vacancy which that authority is competent to fill in becomes available by the
confirmation ordered?

6 Pension:

a. Did anyone in the office inspected retire from service during the period under inspection?

b. Is the Head of the office inspected competent to sanction the pension? If so:

i. Was action initiated in time for the sanction of pension; if not, the reasons for the
delay must be stated.
ii. Was pension sanctioned in time?
iii. In cases where delay in sanction of pension could not be avoided was anticipatory
pension sanctioned?
 382

7 Suspension:

a. Was any one placed under suspension by the Head of the Office inspected or by his
subordinate in the same office? If so, indicate in each case, the date of suspension, the
date of issue of charge memo and the present stage of the proceedings.

b. Was the suspension necessary in the public interest?

c. Are steps being taken to conclude expeditiously the disciplinary proceedings against
persons under suspension?

d. Was subsistence allowance paid to the incumbent and was a review of the rate of
subsistence allowance, made as required under Rule 53 of the Fundamental Rules?

8 Rectification of defects and omissions:

How far have the defects and omissions pointed out by the inspecting staff been rectified before
the inspecting officer’s personal inspection?

9 General remarks:

(These should include remarks on the extent of personal interest taken by the Head of the office.)
 383

Administrative Form No.53

(See Rule 301)

PAY ORDER BOOK

IN THE METROPOLITAN MAGISTRATE’S COURT

AT
EGMORE/GEORGE TOWN/SAIDAPET, CHENNAI

No. Dated
…...........20..

To
The Cashier,..........................

Pay to ….............................................................. the sum of Rupees

…......................... on account of Arrears of maintenance for 20..../batta to witness /
compensation to …........................... accused / Miscellaneous, due under the order of this
Court in No.... of 20....

Chief Clerk
Paid Rs....................
Cashier
Examined and entered Received payment.
Accountant Signature of recipient.
 384

Administrative Form No. 54

[See Rule 204 (A)(4)]

STATEMENT OF FINES PAID INTO THE RESERVE BANK OF INDIA,

CHENNAI, DURING THE MONTH OF …......20 ...

IN THE METROPOLITAN MAGISTRATE’S COURT

AT
EGMORE/GEORGE TOWN/SAIDAPET,CHENNAI

To what
On what account Amount Total head
credited
Rs. P. Rs. P.

Fines . . . .

Total

Metropolitan Magistrate's Court

Egmore/George Town/Saidapet, Chennai
Metropolitan Magistrate

To

The Accountant General, Chennai

(through the Secretary and Treasurer
Reserve Bank of India, Chennai)
 Administrative Form No. 55
Administrative(See
FormRule
No. 301)
55
(See Rule 301)
DISBURSING OFFICERS STATEMENT OF EXPENSES
DISBURSING OFFICERS STATEMENT OF EXPENSES
IN THE METROPOLITAN MAGISTRATE’S COURTS, EGMORE / GEORGE TOWN / SAIDAPET, CHENNAI
IN THE METROPOLITAN MAGISTRATE’S COURTS, EGMORE / GEORGE TOWN / SAIDAPET, CHENNAI

Major
Major HeadHead of Account
of Account 2014. Administration
– 2014.–Administration of Justice of Justice
MonthMonth of …………….
of ……………. 20…. 20….
Minor HeadMinor
of Account-(e)
Head ofMetropolitan Metropolitan
Account-(e)Magistrates’ Magistrates’ Courts.
Courts.
No.
No. Subject
Subject
VOTED VOTED
Pay of Officers
Pay of Officers Permanent Establishments Temporary Establishment
Permanent Establishments Allowances
Temporary Establishment Allowances
Pay PayDearness Pay Dearness House Pay House Dearness House TravellingHouse
Dearness House House
Travelling Travelling Pay Dearness Pay Dearness Travelling
Allowance Rent Allowance Allowance Rent Allowance Rent allowance
Allowance Rent Allowance Allowance
Allowance
Rent Allowance
Allowance
Rent allowance
Allowance
Allowance Allowance Allowance
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)
(1) (2) Rs P.(3) Rs. (4) (5) (6) (8) (11) (12) (13)
P. Rs. P. Rs. P. Rs. P (7)Rs. P. Rs. P. Rs.
(9)P Rs.
(10) P. Rs(12) P. Rs. P.
I Units of appropriation Rs P. Rs. P. Rs. P. Rs. P. Rs. P Rs. P. Rs. P. Rs. P Rs. P. Rs(12) P. Rs. P.
III Appropriation of Budget Grant
Units of appropriation
385

III
II Expenditure to
Appropriationthe ofend
Budget
of theGrant
III preceding
Expenditure month to the end of the
IV Disbursements during the month
preceding month
Serial Number of bill Date of
IV Disbursements during the month
drawal
Serial
V Number of bill
Total disbursements of theDate of
month
VI Adjustments intimated by drawal
the
V Accountant-General
Total disbursements of the month
VII
VI Progressive
Adjustments total of expenditure
intimated by the
including adjustments
Accountant-General
VIII Liabilities:
VII Progressive
(a) Balance brought expenditure
total offorward
including adjustments
(b) New liabilities of the month
VIII (c) Liabilities:
Deduct discharges of the
(a) Balance brought forward
month
IX (b) New
Balance liabilities of the month
of liabilities
X Total progressive
(c) Deduct expenditure
discharges of the
plus
monthliabilities (VII plus IX)
IX Balance of liabilities
X Total progressive expenditure
plus liabilities (VII plus IX)
 Minor Head of Account-(e) Metropolitan Magistrates’ Courts.- Cont.
No. Subject VOTED--- Cont. NON-
VOTED
Copyists Renume Pay of Menials. Tele- Electric Other Compensa Batta to Contin Rema
-ration Phone charges Contin- tion to prosecu -gencies -rks
charges gencies Local -tion Non-
Bodies witness- contract
es Group
Pay Dearness Pay Dearness Rates
allowances allowances and
and Machine and H.R.A. Taxes.
allowances

(14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25)
I Units of appropriation Rs P. Rs. P. Rs. P. Rs. P. Rs. P Rs. P. Rs. P Rs. P Rs. P. Rs P. Rs. P. Rs P.
II Appropriation of Budget Grant .
III Expenditure to the end of the
preceding month
IV Disbursements during the month
386

Serial Number of bill Date of

drawal
V Total disbursements of the month
VI Adjustments intimated by the
Accountant-General
VII Progressive total of expenditure
including adjustments.
VIII Liabilities-
(a) Balance brought forward
(b) New liabilities of the month
(c) Deduct discharges of the
month
IX Balance of liabilities
X Total progressive expenditure
plus liabilities(VII plus IX)
 Administrative Form No. 56
(See Rule 64)
Administrative Form No. 56
DAILY(See
CASH 64)
RuleBALANCE REGISTER
IN THE METROPOLITAN MAGISTRATE’S COURT, EGMORE / GEORGE TOWN / SAIDAPET, CHENNAI
DAILY CASH BALANCE REGISTER
IN THE METROPOLITAN MAGISTRATE’S COURT, EGMORE / GEORGE
Under TOWN
the City/ SAIDAPET, CHENNAI
Municipal Act
Under the City the
Municipal Act
Act

Date
Adulteration

S.P.C.A
Indian
Ports Act

Port Trust
under Health

Fees
Act The
Act Act

Particulars
The

The Indian
Fines

Date
Government
Taxation Act

Prevention of

Licenceof

S.P.C.A
Motor vehicles
Fines under the

Ports Act

Bye-laws
Port Trust
Fees

Particulars
The Bye-laws
Fines
Food Health

Government
Taxation Act

Prevention
Public

Licence
Motor vehicles
FinesPublic

Food Adulteration
1 2 3 4 5 6 7 8 9 10 11
1 2 3 4 5 6 7 8 9 10 11
Brought forward .. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
Brought forward P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
Receipts
.. ..Rs.
Receipts ..
Total ..
Total ..
387

Payments ..
Payments ..
Balance
Balance .. ..
(In words)
(Inwords) Rupees………………………………………….
Rupees………………………………………….

of
fines

Date
Date
Batta
Batta

Other
Other
as fines
Total

amounts
as
Criminal

Total of

amounts
Criminal

(3) to (12)
Grand total

Particulars
(13) to (17)
of Columns

recoverable
(3) to (12)
Grand total

Particulars
(13) to (17)

Maintenance
of Columns

recoverable
Court deposit

columns Nos.
Contingencies

Compensation
Miscellaneous

Maintenance
Court deposit

columns Nos.
Contingencies

Compensation
Miscellaneous

12 13 14 15 16 16 17 18
12 13 14 15 17 18 19 1920 20
Brought forward Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
..Brought forward Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
.. Receipts
.. Receipts
..
Total
.. Total
Payments
..
.. Payments
Balance
..
.. Balance
..
 DETAILS

Receipts Payments
Rs. P. Rs. P. Rs. P. Rs. P
388
 Administrative Form No. 57
(See Rule 301)
Administrative
DAILY CASH BOOKForm OF
No. THE
57 ACCOUNTANT
(See Rule 301)
DAILY CASH BOOK
IN THE METROPOLITAN MAGISTRATE’S THE ACCOUNTANT
OFCOURT , EGMORE/GEORGE TOWN/SAIDAPET, CHENNAI
IN THE METROPOLITAN MAGISTRATE’S COURT , EGMORE/GEORGE TOWN/SAIDAPET, CHENNAI
Fees and Fines
Fees and Fines
Under the
Under the City
Particulars City Municipal
columns (13)

Date
Particulars
(12)

Ports
to (17)

Date
Municipal Act

(12)

By-Laws
to (17)

Act

Act the

Act
Maintenance
Compensation
Miscellaneous

Act
Health Act of
Maintenance
Total of

S.P.C.A
columns
Compensation
Miscellaneous

Indian By-Laws
Total of Act

S.P.C.A
columns
(3 ) toBatta

Government
(3 ) toamounts

Taxation

Government
Taxation Act
Other

Fines under the

Motor Vehicles

fees Act
Other amounts

The Indian Ports

Fines under
Motor Vehicles

Fines
fees

The Trust
Public Health Act

The Prevention

Fines
Food Adulteration
Public

The Prevention of
Food Adulteration
Licence
Grand total of columns (13)

Port
recoverable as fines

Licence
Grand total ofBatta

recoverable as fines

Port Trust
389

(1)
(1) (2)(2) (4)
(3) (3) (5)
(4) (6)
(5) (7)
(6) (8)(7) (9)
(8) (10)
(9) (11)
(10) (12)(11) (13) (12)(14) (15)
(13) (16)(14) (17)
(15) (18)
(16) (17) (18)

Rs. P. Rs. P. Rs. P. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.

Rs. P. Rs. P. Rs.Rs.P.P. Rs.
Rs.P.P.Rs.Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.Rs. P. Rs. P.
Rs.Rs.
P. P. Rs. P.Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.
 Date
(19)

Government
(20)

Rs. P.

S.P.C.A
(21)

Rs. P.

Port Trust By-Laws

(22)

Rs. P.

The Indian Ports

(23)

Act
Rs. P.

Fines
(24)

Rs. P.
Act
City

Licence
Under the

Municipal

(25)

fees
Rs. P.

The Prevention of
Food Adulteration
(26)

Act
Rs. P.
Remittance to the Bank

Public Health Act

(27)

Rs. P.

Fines under the

Motor Vehicles
(28)

Taxation Act
Rs. P.

Other amounts
(29)

recoverable as fines
Rs. P.

Total of columns
(20 ) to (29)
(30)

Maintenance
Compensation
(31) (32)

Rs. P. Rs. P. Rs. P.

Batta

(33)

Rs. P.
Miscellaneous

(34)

Rs. P.
Grand total of columns (30)

(35)
to (34)

Rs. P.
390
 Administrative Form No. 58
Administrative Form
(See Rule 58
No.301)

(See Rule 301)

MONTHLY CASH BOOK OF RECEIPTS AND PAYMENTS
MONTHLY CASH BOOK OF RECEIPTS AND PAYMENTS
IN THE METROPOLITAN MAGISTRATE’S COURT, EGMORE/GEORGE TOWN/SAIDAPET, CHENNAI
IN THE METROPOLITAN MAGISTRATE’S COURT, EGMORE/GEORGE TOWN/SAIDAPET, CHENNAI
Fees and Fines
Fees and Fines
Under the
Under the City
Particulars City
Particulars Municipal

Ports

Date
Municipal
Batta

as fines
to (17)

Date
Batta

(12)
Act
to (17)

Act

Act
VehiclesAct
amounts
Maintenance

Act
) to (12)
Compensation
Miscellaneous

Maintenance
Miscellaneous

S.P.C.A
Indian

S.P.C.A
(3Compensation

(3 ) toamounts

Government
Taxation Act

Government
Taxation Act
Other

Fines under the

Other

fees Act
Motor Vehicles

Fines under the

Total of column

fees
Motor

The Indian Ports

Total of column

Fines

The
Fines Act
The prevention of
Public Health

The prevention of
Public Health Act
Food Adulteration

Food Adulteration
Licence

Licence

Port Trust By-Laws

recoverable as fines
Grand total of columns (13)

recoverable
Grand total of columns (13)

Port Trust By-Laws

391

(1)
(1) (2)(2) (3) (3)(4) (4)
(5) (5)(6) (7)
(6) (8)
(7) (9)
(8) (10)
(9) (11)
(10) (12)
(11) (13)(12) (14) (13) (16)
(15) (14) (15) (18)
(17) (16) (17) (18)
Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P
Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P Rs P
 Date
Government
Rs P

S.P.C.A
Rs P

Port Trust By-Laws

(19) (20) (21) (22)

Rs P

The Indian Ports

(23)

Act
Rs P

Fines
(24)

Rs P
Act
City

Licence
Under the

Municipal

(25)

Rs P

fees
Rs

The Prevention of
Food Adulteration
(26)

Act
Remittance to the Bank

Public Health Act

(27)

Rs P

Fines under the

Rs

Motor Vehicles
(28)

Taxation Act
Other amounts
(29)

recoverable as fines
Rs P

Total of columns
(30)

(20 ) to (29)
Rs P

Maintenance
(31)

Rs P

Compensation
(32)

Rs P
Rs P Batta
Miscellaneous
(33) (34)

Rs P
Grand total of columns (30)

(35)
to (34)

Rs P
Balance [Columns (18) -

(36)
(35)]

Rs. P
Remarks.

(37)
392
 Administrative Form No. 59
(See Rule 301)
REGISTER OF RECOGNISED CLERKS OF ADVOCATES
Court: …........
Year: ….........

Courts in which Date of

Name of
S. Father’s Date of the advocate is removal
Name Residence advocate under Remarks
No. Name registration authorized to from
whom employed
practise register
1 2 3 4 5 6 7 8 9
393
 394

Administrative Form No.60

[See Rule 25(1)]

…...................... Court, …......................

REGISTER OF PAPERS RECEIVED

From whom
S. No. Purport Disposal Remarks
received
1 2 3 4 5
 Administrative Form No.61

[See Rule 301]

…..................... Court, …......................

REGISTER OF PAPERS DESPATCHED

Signature of
Date and Postage on
Ordinary person to
Date of paper Date of number of Postage account of
Number To whom Subject official whom
despatched despatch letter replied process Copyist
postage delivered for
of Department
posting
Rs. P. Rs. P. Rs. P.
395
 Administrative Form No.62

[See Rule 224]

REGISTER OF PLAN FEES PAYMENTS TO COPYISTS

…...................... Court, …................

1/4th amount
Amount of plan
Name of Amount Signature of credited to
Date & No. fee paid to
Case advocate who of plan fee Name of Copyist for Government with Signature of the
S.No. of copy Copyist
No. deposited plan deposited Copyist receipt of plan Challan No. & Presiding Officer
application (3/4th amount)
fee (Rs.) fee with date Date
(Rs.)
(Rs.)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
396
 397

Administrative Form No.63

[See Rule 299]

REGISTER OF STAYED CASES

…...................... Court, …................

Case number of
Case number of
Date of proceedings in which
S. No. which proceedings is Result Remarks
receipt stay has been ordered
stayed
and Court
 398

Administrative Form No.64

[See Rule 298]

RECORDS MOVEMENT REGISTER

…...................... Court, …................

Initial of
Steno- Initial of
Details of records Date of return of
Typist/Typist B.C./Translator
given to Steno records shown in
S.No. Case No. with date for or other person
Typist/Typist with column 3 to B.C. Remarks
receipt of in charge of
date or Translator
records shown records
in column 3
(1) (2) (3) (4) (5) (6) (7)
 399

ANNEXURE

(See Rule 207, Note 2)

REVENUE RECEIPT FOR JUDICIAL DEPARTMENT

0070 OTHER ADMINISTRATIVE SERVICES

Sl.
Head of Accounts Old D.P. Code New D.P. Code
No.
01 ADMINISTRATION OF JUSTICE
102 – Fines and Forfeitures AA – Magisterial Fines (0301)
229 Fines & Penalties - 0070-01-102-AA-22900
03 Labour 0070-01-102-AA-2936 0070-01-102-AA-22903
1 04 Motor Vehicles 0070-01-102-AA-2945 0070-01-102-AA-22904
06 Government 0070-01-102-AA-2963 0070-01-102-AA-22906
07 Payable to Local Bodies 0070-01-102-AA-2972 0070-01-102-AA-22907
99 Others 0070-01-102-AA-2999 0070-01-102-AA-22999
501 Services & Service Fees AA – Court Fees realised in cash
227 Non-Taxation Fees - 0070-01-501-AA-22700
10 Court 0070-01-501-AA-2710 0070-01-501-AA-22710
501 Services & Service Fees AB – High Court Receipts

227 Non Taxation Fees - 0070-01-501-AB-22700

39 Translation and Printing Fees 0070-01-501-AB-2739 0070-01-501-AB-22739
501 Services and Service Fees AC Receipts of Official Assignee
2
227 Non-Taxation Fees - 0070-01-501-AC-22700
10 Court 0070-01-501-AC-2710 0070-01-501-AC-22710
99 Others 0070-01-501-AC-2799 0070-01-501-AC-22799
AD – Miscellaneous Fees & Fines
229 Fines & Penalties - 0070-01-501-AD-22900
02 Judicial 0070-01-501-AD-2925 0070-01-501-AD-22902
99 Others 0070-01-501-AD-2999 0070-01-501-AD-22999
 400

Sl.
Head of Accounts Old D.P. Code New D.P. Code
No.
800 Other Receipts AA – Sale proceeds of unclaimed and escheated property
237 Sale Proceeds - 0070-01-800-AA-23700
08 Sale Proceeds - 0070-01-800-AA-3784 0070-01-800-AA-23708
Dead Stock and Other waste articles
AB – Recoveries of overpayments
242 Recoveries - 0070-01-800-AB-24200
14 – Overpayments 0070-01-800-AB-4214 0070-01-800-AB-24214
AC – Contribution towards Leave Salary of Officers lent to Foreign Service
223 Contributions and Donations - 0070-01-800-AC-22300
01 - Leave Salary 0070-01-800-AC-2316 0070-01-800-AC-22301
AD – Other Receipts
227 Non Taxation Fees - 0070-01-800-AD-22700
99 Others 0070-01-800-AD-2799 0070-01-800-AD-22799
3
AE – Charges recovered from Post Master General, Chennai towards taxes payable for the Post
Office Buildings in the High Court
221 Receipts from Central Government - 0070-01-800-AE-22100
99 Others 0070-01-800-AF-2199 0070-01-800-AE-22199
AF – Charges recovered from Government of India towards extension of High Court jurisdiction
to Puducherry State
221 Receipts from Central Government - 0070-01-800-AF-22100
99 Others 0070-01-800-AF-2199 0070-01-800-AF-22199
AG- Charges recovered from Railway Department towards Railway Magistrates Court
221 Receipts from Central Government - 0070-01-800-AG-22100
99 Others 0070-01-800-AG-2199 0070-01-800-AG-22199
AH Sale proceeds of Tamil Law Journal Theerpputh Thirattu
221 Receipts from Central Government - 0070-01-800-AH-22100
99 Others 0070-01-800-AH-2199 0070-01-800-AH-22199
900 Deduct – Refunds AA – Judicial
277 Deduct/Refunds - 0070-01-900-AA-27700
99 Others 0070-01-900-AA-7799 0070-01-900-AA-27799
AB - Magisterial
4 277 Deduct/Refunds - 0070-01-900-AB-27700
99 Others 0070-01-900-AB-7799 0070-01-900-AB-27799
AD Other items
277 Deduct/Refunds - 0070-01-900-AD-27700
99 Deduct Refunds – Others 0070-01-900-AD-7799 0070-01-900-AD-27799
 401

0030 – STAMPS AND REGISTRATION FEES

Sl. Head of Accounts Old D.P. Code New D.P. Code

No.
01 STAMPS – JUDICIAL
101 Court Fees realised in Stamps AA - Court Fees realised in Stamps
1 217 Stamps Duty 0030-01-101-AA-21700
01 - Judicial in lieu of Court fees 0030-01-101-AA-0410 0030-01-101-AA-21701
AB Deduct – Refunds – Court Fee Stamps
2 277 Deduct/Refunds - 0030-01-101-AB-27700
99 - Others 0030-01-101-AB-7799 0030-01-101-AB-27799

High Court, Madras, C. KUMARAPPAN,

11th December 2019. Registrar General.

PRINTED  AND  PUBLISHED  BY  THE DIRECTOR OF  STATIONERY AND  PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU