A report have been compiled by three amicus curiae, Senior Advocate R Basant, Senior Advocate Sidhart Luthra and Advocate K Parmeshwar, appointed by the Supreme Court of India to assist the Court in redressing the inadequacies and deficiencies inherent in the Indian Criminal Justice System. The report outlines draft “Rules of Criminal Practice” as a reformative measure.
Prior facts
Larger issues of deficiencies and inadequacies in Criminal Procedure were taken up by the Supreme Court suo moto while hearing an appeal back in 2006. While the trial was going on in the case, Senior Advocate R Basant pointed out to the Court certain inadequacies which were there in the process adopted by Trial Courts while disposing off a Criminal matter. As a result, the Supreme Court back in 2017, issued notice to all the State governments and High Courts to submit their replies to the proposed amendments in law in connection with Criminal law practices, so that there could exist uniformity in Criminal law practice.
Key features
- The Amicus Curiae appointed by the Supreme Court vetted the responses received into a consultation paper.
- The Draft Rules of Criminal Practice, 2020 have been drafted taking into consideration suggestions from 15 States and 21 High Courts all around the Country.
- The Draft rules consists of five chapters which deals with various issues such as, how investigation should be conducted, how changes ought to be framed, how trials must be conducted, etc.
- The Draft rules also include chapter for miscellaneous purposes which include issues like how bail application should be disposed off, etc.
The Draft Rules of Criminal Practice, 2020
Senior Advocate R Basant, Senior Advocate Sidhart Luthra and Advocate K Parmeshwar, the three amicus curiae appointed by the Supreme Court, vetted the responses received from the States and High Courts across the Country and converted it into a consultation paper. The report was compiled by the three to assist the Court in redressing the inadequacies and deficiencies inherent in the Indian Criminal Justice System.
The Draft Rules of Criminal Practice, 2020 have been drafted taking into consideration the suggestions of 15 States and 21 High Courts from across the Country. The Draft rules include five chapters which deal with various issues such as how investigation is to happen or carried out, how charges are to be framed, how trials must be conducted. It also include details about how evidence should be recorded, how it should be exhibited, and how it should be referenced, it also include details on how judgment should be drafted.
Except these the Draft rules also include miscellaneous chapter, which deal with how a bail application should be disposed off. The chapter also provides suggestions on issues like, appointment of Advocates who are not public prosecutors to advice in investigations. Moreover, the draft rules also include chapters which contain provisions for expeditious trial of Criminal cases.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
Reference
- In re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials, Report Submitted by the Amicus Curiae, Criminal Original Jurisdiction Suo Moto Writ (Criminal) No. 1 of 2017, (04-03-2020)
