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TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 51A]

CHENNAI, WEDNESDAY, DECEMBER 18, 2019

Markazhi 2, Vikari, Thiruvalluvar Aandu-2050

[1]

DTP - III-2 (51A)

© [Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.

2019 [Price : Rs. 160.80 Paise.

Part

III—Section 2

(Supplement)

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

JUDICIAL NOTIFICATIONS

THE CRIMINAL RULES OF PRACTICE, 2019

2 1

THECRIMINAL RULES OF PRACTICE, 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 powersthereunto

enabling,the High Court of Judicature at Madras,with the previous approval of the Government of Tamil Nadu and the Government of Union Territory ofPuducherry,hereby makes the following Rules for the guidance of all Criminal Courts:

CHAPTER-I

PRELIMINARY

1. Shorttitle, commencement and application.(1) These

Rulesmaybe calledthe Criminal Rules of Practice, 2019. (2)They shall come into forcewith effect from 1 st

January,

2020.
(3)Theyshall apply to all the criminal Courts within the jurisdiction of the High Court of Judicature at Madras.

2. Repeal andsavings.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Rules, all previous Rules governing any matter dealt with or covered by these Rules shall stand repealed and all circulars previously issued shall cease to have effect to the extent to which such circulars are inconsistent with these Rules: Provided that, nothingcontainedin 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 Codeexcluding Executive Magistrates; (c) "Form" meansaFormappended 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" meansthe High Court of Judicature at Madras; (f) "Section" means thesection of the Code; (g) "Magistrate"shall include, if the context so requires, the Special Judgesappointedunder various enactments and who are empowered to take cognizance of offences directly. (2) Words and expressionsused herein andnot definedin sub-rule (1) shall have thesamemeaning assigned to them in the Code or in the Indian Penal Code, 1860 (Central Act XLV of 1860) or any otherlaw for the time being in force.

4.Sitting of Courts.(1) The hours of sittingof 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.

No. SRO C-18/2019.

3 1

THECRIMINAL RULES OF PRACTICE, 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 powersthereunto

enabling,the High Court of Judicature at Madras,with the previous approval of the Government of Tamil Nadu and the Government of Union Territory ofPuducherry,hereby makes the following Rules for the guidance of all Criminal Courts:

CHAPTER-I

PRELIMINARY

1. Shorttitle, commencement and application.(1) These

Rulesmaybe calledthe Criminal Rules of Practice, 2019. (2)They shall come into forcewith effect from 1 st

January,

2020.
(3)Theyshall apply to all the criminal Courts within the jurisdiction of the High Court of Judicature at Madras.

2. Repeal andsavings.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, nothingcontainedin 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 Codeexcluding Executive Magistrates; (c) "Form" meansaFormappended 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" meansthe High Court of Judicature at Madras; (f) "Section" means thesection of the Code; (g) "Magistrate"shall include, if the context so requires, the Special Judgesappointedunder various enactments and who are empowered to take cognizance of offences directly. (2) Words and expressionsused herein andnot definedin sub-rule (1) shall have thesamemeaning assigned to them in the Code or in the Indian Penal Code, 1860 (Central Act XLV of 1860) or any otherlaw for the time being in force.

4.Sitting of Courts.(1) The hours of sittingof 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. 4 3 Provided that if the circumstances so require, the Courtmay commence sitting before the time prescribed and continue until such hour as may be necessary. (2) Sunday shall be deemed adies nonand 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 PresidingOfficer shallpass any judicial order in his Chamber, except in cases where orders are passed immediately after in camerahearings. 4

CHAPTER-II

MAGISTRATE COURTS

INVESTIGATION AND REMAND

5.ReceiptofFirst Information Reportand Occurrence

Report.(1)The Judges and Magistrates receivingFirst Information Reportsand Occurrence Reports byprosecutingagencies, 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 theFirst Information Report/Occurrence Report is received by post, the envelope shall be initialled and preserved. (2) The Judgesand Magistrates receiving Inquest Reports, post-mortem reports, statements and other documents from the prosecutingagencies shallput theirinitialon everypage with date. (3) The receipt of theFirst Information Reportor the Occurrence Report, as the case may be, shall be entered in theFirst Information ReportRegister immediately in consecutive numbers police station-wisewithout 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 oron holidays should be entered first in theFirst Information ReportRegister on the next working day. PendingFirst Information Reportsof a year shall be brought forward in the register of the succeeding year. 5 3 Provided that if the circumstances so require, the Courtmay commence sitting before the time prescribed and continue until such hour as may be necessary. (2) Sunday shall be deemed adies nonand 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 PresidingOfficer shallpass any judicial order in his Chamber, except in cases where orders are passed immediately after in camerahearings. 4

CHAPTER-II

MAGISTRATE COURTS

INVESTIGATION AND REMAND

5.ReceiptofFirst Information Reportand Occurrence

Report.(1)The Judges and Magistrates receivingFirst Information Reportsand Occurrence Reports byprosecutingagencies, 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 theFirst Information Report/Occurrence Report is received by post, the envelope shall be initialled and preserved. (2) The Judgesand Magistrates receiving Inquest Reports, post-mortem reports, statements and other documents from the prosecutingagencies shallput theirinitialon everypage with date. (3) The receipt of theFirst Information Reportor the Occurrence Report, as the case may be, shall be entered in theFirst Information ReportRegister immediately in consecutive numbers police station-wisewithout 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 oron holidays should be entered first in theFirst Information ReportRegister on the next working day. PendingFirst Information Reportsof a year shall be brought forward in the register of the succeeding year. 6 5

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 hospitalandif the Court is satisfied from the medical certificates/records that the accused is not in a positionto 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 NaduFinancialCode,VolumeII.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 FinancialPowers Rules, 1978, as the case

may be,shall beapplicable.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 undersection 390 of the Code,the Court,before committing him to prison, shall furnish in 6 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 officerand if the accused has no means to engage an advocate,he shall be informed by the Court that heis entitled to legal assistance. (6)The Magistrateshall notgrant remands to police custody, unless they are satisfied that there is good ground for doingso. 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 shalldecide after perusal of the affidavit.Heshall personally see and satisfy himself about the accused being sound in mind and body before entrustinghim 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 7 5

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 hospitalandif the Court is satisfied from the medical certificates/records that the accused is not in a positionto 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 NaduFinancialCode,VolumeII.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 FinancialPowers Rules, 1978, as the case

may be,shall beapplicable.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 undersection 390 of the Code,the Court,before committing him to prison, shall furnish in 6 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 officerand if the accused has no means to engage an advocate,he shall be informed by the Court that heis entitled to legal assistance. (6)The Magistrateshall notgrant remands to police custody, unless they are satisfied that there is good ground for doingso. 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 shalldecide after perusal of the affidavit.Heshall personally see and satisfy himself about the accused being sound in mind and body before entrustinghim 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 8 7 to the custody of the police undersection 167 of the Code, a copy of the order of remand with the recorded reasons therefor shall be submitted withintwenty fourhours to theChief JudicialMagistrateor Chief Metropolitan Magistrate, as the case may be. (8)Incomputingtheperiodof 15 daysmentionedin sub-section (2) ofsection 167 or thefirstproviso tosub-section (2) ofsection 309 of the Code, boththe 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 ofunder-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. 8 (11)When a transgender is arrested and produced before a Magistrate, after passing the necessary orders in relation to his/her remand, the Magistrate shall pass an orderto conduct a medical test on him/her by a competent medical officer not below the rank of District Medical Officer in order to ascertain his/her predominant sex orientation and obtain a medical report to that effect. Based on the said medical report, the Magistrate shall pass an order to detain him/her either in the Men Prison or Women Prison depending upon the predominant sex orientation, with a direction to the Prison authorities to provide necessary safeguards to ensure that no inconvenience is caused tothe transgender by the other inmates and vice versa. Until determination by the District Medical Officer, the transgender shall be admitted to the Government Hospital in the prisoners' ward under security. (12)When a woman accused, with her child of six years and below, is arrested and produced for remand, the Judge/Magistrate shall make all endeavour to hand over the custody of the child 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 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 Naduor the Union Territory of Puducherryand to produce him before the 9 7 to the custody of the police undersection 167 of the Code, a copy of the order of remand with the recorded reasons therefor shall be submitted withintwenty fourhours to theChief JudicialMagistrateor Chief Metropolitan Magistrate, as the case may be. (8)Incomputingtheperiodof 15 daysmentionedin sub-section (2) ofsection 167 or thefirstproviso tosub-section (2) ofsection 309 of the Code, boththe 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 recordquotesdbs_dbs14.pdfusesText_20

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