SC Frames Guidelines For Conduct Of Criminal Trials By Judges

NEW DELHI —The Supreme Court of India has framed a series of guidelines for conduct of criminal trials, primarily dealing with the preparation of a case calendar by judges to put themselves on a deadline to complete the trial.

The judgment by a Bench of Justices A.M. Sapre and Indu Malhotra on October 30 said these would be called the “practice guidelines” and have to be “followed by trial courts in the conduct of a criminal trial, as far as possible.”

The Supreme Court said the “detailed case calendar” must be prepared at the commencement of the trial after framing of charges.

The calendar must specify the dates on which the examination-in-chief and cross-examination (if required) of witnesses is to be conducted.

Justice Malhotra, who authored the judgment for the Bench, said the case calendar must be prepared keeping in view the proposed order of production of witnesses by parties, expected time required for examination of witnesses, availability of witnesses at the relevant time, and convenience of both the prosecution as well as the defence. As far as possible testimony of witnesses deposing on the same subject matter must be proximately scheduled.

of examination

On the question of any deferral of cross-examination of witnesses, the court said the request should be made before the preparation of the calendar and premised with sufficient reasons.

The trial courts must specify a proximate date for the cross-examination of the witness.

The case calendar, prepared in accordance with the guidelines, must be followed strictly, unless absolutely necessary.

 “In cases where trial courts have granted a request for deferral, necessary steps must be taken to safeguard witnesses from being subjected to undue influence, harassment or intimidation,” Justice Malhotra ordered for the Bench.

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