Grco

GENERAL RULES AND
CIRCULAR ORDERS
(CRIMINAL)
VOL. - I
PART - I
CHAPTER - I
Court and Office Hours and Court Seal
*1. (a) 1[Court hours - The Court hours shall ordinarily be from
10.30 AM. to 5.00 P.M. with recess of half an hour between 1.30 and 2
P.M. Except in morning sittings when it would be from 7.00 A.M. to
1.00 P.M. with a recess of half an hour between 10.00 A.M. to 10.30 A.M.
*(B) Sitting and rising hour - The Courts shall ordinarily
commence the sittings not later than 11 A.M. and rise at 4 P.M.
When day sittings are held and in case of morning sittings not later
than 7.30 A.M. and rise at 12.30 P.M.
Note 1 - The exact period during which morning sittings of the
Courts will be held shall be fixed by the High Court, by the issue of
general or special orders.
Note 2 - The recess facility will be available only to the Presiding Officers.
Note 3 - The hours of work and commencement of sittings of
Criminal Courts shall be regulated from time to time by issue of general
or special orders by the High Court, as and when necessary.]
2. (a) Use of Saturdays by Sessions Judges and Chief Judicial
Magistrates - 2[The Sessions Judges will devote all working Saturdays
and the Chief Judicial Magistrates will devote first and last working
Saturdays of a month for administrative work at the Headquarters subject
to adjustment of hearing of part-hard Sessions cases]
(a) 3[Clearance day - The last Saturday of each month may be
observed as 'Clearance Day' by the Judicial Magistrates at the stations
to be specified by the High Court by General or Special Orders.
Whenever such Saturday is a holiday, the working day preceding
that holiday will be observed as 'Clearance Day'.]
Note - 4[* * *]
1. Substituted by C.S. No.S-IX-1S/79, dt.19. 7.1980.

2. Substituted by C.S. No.76-XLlX-D-4S/93, dt.19.12.1996.
3. Substituted by C.S. No.61-IX-9/89, dt.11.2.1992.
4. Deleted by C.S.No. 62-IX-9/89, dated 11.2.1992.
[R. 3 G. R. C. O. (Criminal) Vol. I
3. Court not to sit on holidays - Without the consent of parties

and in absence of urgent necessity, no criminal enquiry or trial shall be
held on Sundays or gazetted holidays.
4. Suspension of Court hour - The Presiding Officer of Courts
are authorised to suspend the work for about half an hour or to stand
in silence for a minute or two after a suitable reference has been made
when a man of repute passes away and when request (either oral or
in writing) for suspension of work is made to the Court by the Bar
Association. Facility should be given to the litigants and members of
the Bar who wish to attend the funeral ceremony.
5. Closure of Court in case of danger of Court's property -
Should any occasion arise when there is disturbance exposing the
Court's property to danger, the Presiding Officers may close the
Court when no other course is available. Such instances shall, however,
be very rare and shall be immediately reported to the District Judge
and the High Court explaining in detail the circumstances leading to
the closure.
6. Courts to be open - Ordinarily all judicial matters shall be
disposed of in open Court. The public should have access to or remain
in the room or the building used by the Court except when the
Presiding Officer thinks it fit in any particular case, to exclude either
the public in general or any particular person. The grounds for doing
so should, however be recorded in the Court's Diary and order sheet of
the case.
Note 1 - Trial in camera - Cases of kidnapping, abduction, rape and
proceedings under Section 493, 497 and 498, I.P.C., may be tried in camera.
Note 2 - Routine duties - The Judicial Officers in cases of indisposition
are allowed to perform their current and routine duties in the Chamber for a
maximum period of three days during any calendar year.
7. Court language - The Stale Government of Orissa have
declared the following as Court language in the different districts in
the State of Orissa in supersession of all previous notifications and
orders on the subject -
(1) In the district of Ganjam except English, Oriya
Ghumsar and the Balliguda and Telegu
Subdivisions and the '[Civil Judge
(Junior Division)]'s Court at Aska.
(2) In Gunpur, Rayagada, Bissam-katak, English, Oriya
Pottangi and Malkangiri taluks in and Telegu
Koraput district.
(3) In all the districts of the State English and Oriya
except Nos. 1 and 2 above
1. Substituted by C.S. No. 3, IX-1/95, dt. 31. 10. 1995.

THE HIGH COURT OF ORISSA
R. 16] G. R. C. O. (Criminal) Vol. I
8. Regular seal - The regular seal of the Court shall be placed

in custody of a responsible Officer of the Court and the documents
required to be sealed with it should be under his superintendence.
This seal is to be used for sealing judgment, writs, processes, copies and
other documents made or issued judicially.
9. Date seal - The date seal shall be affixed to all documents and
papers presented to Court in such a way as to show clearly the date on
which they are presented. It shall be affixed a second time in such a
way as to deface the Court-fee levels, if any, appearing on them.
10. Orders as to custody of seals - The orders making the
officers responsible for the custody and the use of the seals should be
recorded in writing.
11. Use of name seals prohibited - The use of name seals
whether by judicial or ministerial officers is. Prohibited.
12. Destruction of seals - The worn-out and useless Court - seals
when replaced by new ones should be destroyed in the presence of
the Presiding Officers concerned and note of such destruction should
be made in the Order Book under the dated signature of the Presiding
Officer.
13. Custody of seals of abolished Courts - When a temporary
Court ceases to exist, the seals used by it shall be kept in the safe
custody of the Registrar of the Civil and Sessions Courts at the
headquarters station or the Chief Ministerial Officer of the Court of the
Sub-divisional Judicial Magistrate, or Judicial Magistrate, as the case
may be, at the outlying stations.
CHAPTER - II
Petitions, Complaints and Affidavits
14. Petitions and affidavits how to be drawn up - All petitions

and affidavits should be in the language of the Court and as far as
practicable typewritten. Every page of the petition and every
interlineation, alteration or erasure therein shall be authenticated by
initial of the petitioner, declarant or the appellant as the case may be or of
his Pleader by whom it is presented.
Note - All petitions should be either typewritten or written on fullscape
size paper, the quarter margin together with at least 1" of space at the top
and bottom of each sheet being allowed.
15. Contents of petitions - Every petition shall state concisely
and clearly, (1) the facts, matters and circumstances upon which the
petitioner relies; and (ii) the matter of complaint, if any, and the relief
sought or prayer made.
16. Separate petition for distinct subject - Applications in regard
to distinct subject-matter with separate prayer shall be made in separate
petitions.
17. Service of copy of petitions - In contested cases, no petition

or list of document shall be filed in Court unless copies thereof have
been previously served on the opposite party or his Pleader. The
opposite party or the Pleader served with such copies shall give receipt on
the original petition or list.
18. Complaints to be received in fixed hours - Private complaints
should be received daily at fixed hours, ordinarily at the commencement
of the day's sitting, but not later than 12 Noon.
19. (a) All complaints and charge - sheets shall at subdivision
headquarters be received by the Sub - divisional Judicial Magistrates
and subject to control by the High Court by such other Judicial Magistrate
specially designated in tilis behalf by the Chief Judicial Magistrate.
(b) At other places where there are more than one Judicial
Magistrate, the Chief Judicial Magistrate would designated the
Magistrate who shall receive the complaints and charge-sheets.
20. Contents of complaint petitions - Every petition of complaint
shall contain the following particulars -
( 1) The name, age and other description of the complainant.
(2) The name, age and other description of the accused.
(3) The date, time and place of occurrence.
(4) The list of witnesses with addresses.
(5) Nature of offence with section of statute.
(6) Whether any information was given at the Police-Station
and if so, the' action taken thereon.
(7) Whether any previous complaint regarding the same
occurrence was filed, and if so, the name of the Court
and the date and manner of disposal of the same.
(8) Facts of the case.
(9) Documents, if any relied upon by the complainant.
l[Note - While making an application for issue of an order under
Sections 94, 97 and 98 of the Code of Criminal Procedure, 1973,
the applicant (or the party) should file an affidavit that he has not filed
any such application on the same facts before any other Magistrate or in
any other Court.]
21. Examinatiori. of complainant - The examination of the
Complainant under Section 200 of the Criminal Procedure Code
should be a thorough and intelligent enquiry into the subject - matter
of a complaint to enable the Magistrate to find out whether the
complainant is really aggrieved, or whether it would amount to
1. Inserted by C.S. No.1-XLlXD-9/74, dt. 23.12.1977.

Abuse of the process of the Court and harassment to the accused.
The examination of the complainant at this stage should be made by
the Magistrate himself.
Note - Statement of the complainant should ordinarily be recorded on the
back of the petition of complaint.
CASE LAW
Examination of the complainant under Sec. 200 Cr. P. C. should be a
thorough and intelligent enquiry into the subject matter of a complaint to
enable the Magistrate to find out whether the complainant is really aggrieved
or whether it would amount to abuse of the process of the Court and
harassment to the accused:
Debakl Pradhan v. Prakash Chandra Pal: 2010 (Supp.-II) OLR 803.
The Magistrate has to act while considering the question whether
cognizance is to be taken or not. At the stage of taking cognizance
Magistrate has simply to be satisfied whether the allegation make out a
prima facie case for trial or not :
Sk. Siraj v. State of Orissa : 1994 (I) OLR 403.
22. Undesirability of using police agency for enquiry into
cases - Magistrate are cautioned against indiscriminate use of police
agency for the purpose of ascertaining matters as to which a Magistrate is
bound to form his own opinion upon evidence given in his presence.
This caution should be specially borne in mind in respect of all cases
regarding offences not cognizable by the Police.
23. Registration of complaints and Police reports - All
complaints and Police reports should be Registered immediately after
their receipt in order of their receipt.
24. Affidavits before whom to be sworn - Affidavits to be
sworn or affirmed before any Judge, Magistrate or Commissioner of
Oaths appointed by the High Court or Court of Sessions or any Notary
appointed under the Notaries Act, 1952 for use before any Court shall
be drawn up in the first person and divided into paragraphs, numbered
consecutively and each paragraph, as clearly as may be, shall be
confined to a distinct portion of the subject and may be sworn or
affirmed before any Judge, Magistrate or Commissioner of Oaths
appointed by the High Court or Court of Sessions or any Notary Act,
1952 (54 of 1952).
25. Full description of deponent - Every affidavit shall state the
full name, age, description and place of abode of the deponent and shall
be signed or marked by him.
26. Authentication of corrections in affidavits - Alterations
and interlineations shall, before the affidavit is sworn or affirmed, be
authenticated by initials of the officers before whom the affidavit is taken.
27. Particulars to be noted by the Commissioner of Affidavits -
The officer before whom t he affidavit is taken shall state the date on
which and the place where the same is taken, sign his name and
mention his designation at the end.
28. Certificate to be given by the Commissioner of Affidavits -
When an affidavit is sworn or affirmed by any person who appears to
the officer taking the affidavit to be illiterate, blind or unacquainted
with the language in which the affidavit is written, the officer shall
certify that the affidavit was read over, translated or explained in his
presence to the deponent, that the deponent seemed to understand
it and made his signature or mark in the presence of the officer ;
otherwise the affidavit shall not be used in evidence.
29. Affidavits to state on whose behalf it is filed - Every
affidavit shall bear an endorsement stating on whose behalf it is filed.
30. Source of knowledge to be stated in affidavit - Every
affidavit containing statements made on the information or belief of the
deponent shall state the source or groud of the information or belief.
CHAPTER - III
Diary and Cause List
[Vide Rules on the subject in the General Rules (Civil),Volume I]
[Extracts from G.R.C.O. (Civil) Vol. I]
6. Diary - (a) Every Civil Court shall maintain a diary in the prescribed form.
Each case for any day shall be entered in advance immediately upon a date or
adjourned date being fixed, and the entry as to each case shall show the
purpose for which it is set down on each of issues, or for trial after adjournment.
The diary will show briefly the progress made in each case, and when
witnesses are examined in any case, when witnesses are examined without
contest separately shall be stated. A running total in red ink should be inserted
from day to day, in order to show the total number of witnesses examined
during each quarter of the year. A new serial number should be started at the
commencement of each quarter.
(b) The top most heading should be "For peremptory hearing" and under
each heading should be grouped separately each class of cases in their
chronological order according to the dates of their institution. The part-hard
case adjourned on the previous day should be shown as the top case under the
heading "Peremptory hearing".
(c) Appeals and Miscellaneous cases should also be shown in the diary
in the above manner. Execution cases should be noted last of all.
(d) The reason for adjournment shall be briefly stated in the Diary.
(E) The Presiding Judge shall insert with his own hand in the appropriate
place (i) the hours of his arrival in the office, (ii) the hour at which he takes his
seat for judicial work and (iii) the time of rising and (iv) the time of departure.
In the case of any unusually short sitting on any day, a short note explaining the
reason shall be given in the Diary.
Note - (1) When an officer' has to perform criminal duties in addition to his
work as a Civil Judicial Officer, he will maintain two separate diaries in the
prescribed form, one for civil and the other for criminal work. He shall note the
hours of sitting and rising in the civil diary only. On the Actual time devoted

to criminal work in the criminal work, he shall note the hours of sitting and
rising in the civil diary or criminal diary only, as the case may be.
Note - (2) The Diary shall be signed each day by the Presiding Judge
after careful scrutiny on completion of all the entries therein.
Note - (3) A separate diary should be maintained for the cases fixed for
each place of circuit.
8. Dialy causes lists - A daily list of case shall be posted in some
conspicuous place in every Court house for the information of the parties and
their pleaders. The cases should, as far as possible, be arranged in the order in
which they are likely to be taken up. Execution and Miscellaneous cases may
be shown either in the same list or in a separate list. The said list shall be
prepared and posted on the preceding working day at 4.30 P.M. or in the case
of morning sittings before 12 A.M.. In the list, the cases will be sufficiently
described by their number, year and class. At the close of each day, the
Peshkar shall prepare four copies of advance daily cause lists in prescribed
forms in a bound book of printed lined perforated pages, with the help of
carbon papers showing therein the cases fixed for the next day. One copy of
the list shall be posted in the Court's notice board and another sent to the
Secretary Ministerial employee or any other person authorised by the local Bar
Association for being posted in the notice board of the Bar Association. The
remaining two copies should be kept by the Peshkar for his next day's use. At
the close of the following' day, he shall fill up the adjourned dates in the two
copies of advanced daily cause lists in the Court's notice board and take down
the copy which was posted on the preceding day and will send the other copy
to the Secretary or ministerial employee of the Bar Association for publication
in the notice board of the Association. He will further prepare four copies of
advance daily cause lists for the next day in the same manner. The advance
daily cause lists shall be sent to the Secretary, Bar Association through the
Despatch Register in which the dated signatures of the recipient will be obtained.
Note - (1) The maximum number of cases to be fixed for hearing on
any day may be half more than could be done on that day and preference be
given to undone work of that day on the next day.
Note - (2) The lists shall be prepared in the language of the Court and shall
remain posted for one week after which they shall be filed in office for future
reference, if necessary. At the end of every quarter the lists for the previous
quarter will be destroyed.
Note - (3) The lists shall be signed by the Presiding Judge and exhibited
before he leaves the Court.
CHAPTER - IV
Processes
31.(a) Process to contain full description - Every person on whom
a process is to be served or executed shall be described therein in ink in such
manner as will serve to identify him clearly, i.e., by the statement of his
correct name and address and such further description as will serve to
identify him.
Note - In the case of service or execution of a process to be effected
in large towns, the name of the street, ward number of the Municipality and the
number of the house, if known, should be given.

(b) Language of the process - The process shall ordinarily be issued
in anyone of the languages of the Court. But process sent for service
at another place where the language is different from that of the Court
issuing them, should be accompanied by translation in the language of
such place or in English.
1[Ic) Whenever notices / summons / warrants are to be issued by the
Court, the following shall be mentioned on the bottom of form for
information about free Legal Services .
“You are hereby informed that free legal services from the State
Legal Services Authorities, High Court Legal Services Committee,
District Legal Services Authorities and Taluka Legal Services
Committees, as per eligibility criteria, are available to you and in case
you are eligible and desire to avail of the free legal services, you may
contact
2
any of the above Legal Services Authorities/Committees.’’
(C)(i) You
3
are further informed that alternative resolution (A.D.R.)
“Meditation” facilities are also available in case you desire to avail the
said facilities.
32. Persons authorised to issue summons - Summons issued to

witnesses shall ordinarily be signed by the Chief Ministerial Officer of the
Court with the words ‘BY ORDER OF THE COURT’ prefixed to
signature; but Magistrates and Judges shall themselves sign the summons
issued to the accused persons. All summonses shall bear the seal of
the Court.
33. Time and place of hearing to be stated in summons - Every
summons relating to a case shall state the place of hearing and the date
and time when the presence of the person summoned is required.
34. Summons to Military Officers - Whenever it may be
necessary to summon an officer or soldier in Military employ to attend a
Criminal Court as a witness, the process-server who is to serve the
summons, shall be instructed to take it under cover to the
Officer-in-Command of the Regiment or detachment with which the
witnesses may be serving and to apply for his assistance in serving it.
With his assistance the process-server shall then proceed to serve the
process and shall make his return direct to the Court. In such cases
sufficient time should always be given to admit of arrangement being
made for the relief of the witness summoned.
35. Summons to expert - All summons meant for the Fingerprint
or Handwriting Expert should not be sent to any particular expert by
name. They should be sent to the Director of the Fingerprint Bureau by
designation.
1. Inserted by C.S. No. 95 (XLIX-O-3/2009, Ot. 3.4.2010)
2. Inserted by C.S. No. 95 (XI-31/2011,dated the 18th January 2014)\
3. Inserted by C.S. No. 95 (XI-31/2011,dated the 26th September 2014)
36. Non-bailable warrant - The date of execution to be stated

- The Court may record a separate endorsement on every non-bailable
warrant of arrest the date by which the Officer-in-Charge of the
Police-station shall report to the issuing Court that the fact of execution
or non-execution of the warrant.
37. (1) Time for delivery of process in the Nizarat - Processes
should, except in urgent cases, be made over to the Nazir or the Police
Officer at least 10 days before the date fixed.
(2) Register of processes made over for service to Nazir - A
Register of processes made over to the Nazir for service shall be
maintained in the Form No. (R) 9-A.
(3) Register of processes issued to police - A Register of warrants
and other processes issued to each Police Station shall be maintained in
the ledger Form No. (R) l O, some pages being allotted to each specified
Police-Station.
38. Return of processes - Processes made over to the Nazir or the
Police Officer for service must be returned to the issuing Court as soon as
possible, and atleast one day before the date fixed.
39. English translation of the report when necessary - When
the process which has been served or returned unserved is the process of
a Court outside Orissa transmitted for the purpose of service only, then
the report regarding service or non-service of the process shall be
accompanied by an authorised English translation thereof.
1[40. Different Register of processes - Rules 35 to 39, 41 and 43
of Part I, Chapter - II of General Rules and Circular Orders (Civil),
Volume I shall also apply to processes issued on the criminal side and one
common set of Registers in Form Nos. (R) 11, (R) 12 and (R) 13 of the
General Rules and Circular Orders (Civil), Volume II be maintained in
respect of both Civil and Criminal processes issued from the Nizarat.]
41. Production of post office records - As regards production
of post-office records under Section 92, Criminal Procedure Code, by
Post-masters, see Rule 74, Chapter - I, Page 31 of the Post-Office
Manual, Volume I, 1912.
42. Process against Members of the Parliament and State Legislature
- No summons or other process issued against a Member of the
Parliament or of a State Legislature shall be sent for service to the
Presiding Officer or the Secretariat of the Parliament or the State
Legislature. No such summons or other process shall be served on any
Member within the precincts of the House of which he is a Member.
43. Letter of request - A Letter of request instead of summons
should be issued to the Secretary of the House of Parliament or of the
1. Substituted by C.S. No. 1S-IX-1 0/82, dt. 9.6.1982.

State Legislature for examination of any officer of the Secretariat as a

witnesses in the Court of law or for production of any document in the
possession of the House of Parliament or State Legislature.
44. Production of record from the custody of Parliament or
State Legislature - Original documents in the custody of the House of
Parliament or of the State Legislatures should not be called for if certified
copies thereof would serve the purpose. It is only in cases where parties
insist upon strict proof that the Courts should call for the originals.
Note - In this connection attention of the Judges and Magistrates is also
called to Section 78 (2) of the Indian Evidence Act which specifies the way in
which the proceedings of the Legislature can be proved
45. (i) Arrest of Members of Parliament and State Legislature -
When a Member of the House of the People is arrested on a criminal
charge or for a criminal offence or is sentenced to imprisonment by a
Court, the Judge or Magistrate, as the case may be, shall immediately
intimate such fact to the Speaker indicating the reasons for the arrest,
detention or conviction as the case may be, as also the place of detention
or imprisonment of the member in the appropriate prescribed form.
(ii) When a Member is arrested and after conviction released on
bail pending an appeal or otherwise such fact also be intimated to the
Speaker by the concerned authority in the appropriate prescribed form;
(iii) The provisions contained in the above sub-rules will apply

mutatis mutandis to Members of the Council of State and of a State
Legislature.
CHAPTER - V
Process - Servers and Nizarat
46. Rules relating to service of process and the duties of Nazir and
his staff and the maintenance of various Registers contained in the
G.R. & C.O. (Civil), Volume I shall be followed by the Criminal Court.
[Extracts from G.R.C.O. (Civil) Vol. I]
II - PROCESS-SERVER AND NAZARAT
A- Process-serving establishment
67. Process serving establishment - There shall be a joint process serving
establishment for all the Civil Courts, Sessions Courts and Courts of Judicial
Magistrates at the same station under the direct control of the Nazir who will be
responsible for proper service of process made over to him for the purpose. The
process-serving peons recruited on the civil and criminal side shall be entrusted to
execute processes, both on the civil and criminal sides. The Nazir and the staff shall
also be subordinate to any such Court issuing process for the purpose of execution
of that particular process and shall place themselves under the order of the Presiding
Officer in that regard. The Register of process-serving peons shall be maintained in
the prescribed Form (H) 9-R.

68. Strength of process-servers to be determined in every five years -

The Judge of every district shall ascertain after every five years’ the average number
of original processes issued from his own Court from each of the Courts subordinate
thereto during the immediately preceding five years' and fixed the number of process
servers to be employed, each peon being for this purpose considered capable
of executing during the year the number of original processes given in the
following table :
Summons and Notices Processes other than

District [Civil Judge issued by all Courts those mentioned in
(Junior Division)] and other processes Column (2)
issued by 1[Civil Judge
(Junior Division)]
except in cases valued
at over R. 1,000
1 2 3
Bhadrak, and Kendrapara 500 225
Sambalpur, Bargarh,
Nawpara, Cuttack, Jajpur,
Balasore and Angul
} 450 200
Ganjam 400 300
Puri 450 200
Dhenkanal 450 200
Bolangir 450 200
Koraput 400 200
Kalahandi 400 200
Phulbani... 400 200
Mayurbhanj... 400 200
Keonjhar... 400 200
Sundargarh... 400 200
Note - (1) For the purpose of this rule all copies of processes served in
one village in one case by a process-server at one and the same visit shall be
reckoned as one original process, while copies served in the same village for
separate visits or in different villages shall be reckoned as separate visits to the
same village.
Note - (2) Where a summons or notice is served by a peon at Sadar
within the jurisdiction of any outlaying 1[Civil Judge (Junior Division)] under the
special orders of the Court, it will be treated as belonging to the class mentioned
in Column 3.
Note - (3) Processes served by special peons as in the cases of warrants
or arrest, should be reckoned as service of three original processes only in case
of due execution and not when returned unexecuted.
1. Substituted by C.S. No. 33, IX-1/95, dt. 31.1 0.1995.

Note - (4) Each day on which a peon is occupied in keeping custody of

attached movable property, standing crops or of a person under arrest in
attending on Commissioners deputed to deliver possession or in taking records,
letters etc. from one station to another or in guard duty at the residential office of
Judicial Officers should be reckoned as service of 3 original processes.
69. Distribution of process servers - The District Judge may authorise
the appointment of such total number of peons for the whole district as may
suffice for the execution of all the processes issued for service within it and may
from time to time apportion such peons among different stations in such manners
as may appear necessary.
70. Increase or decrease of strength of process-servers - On the
examination of the figures in the manner as in Rule 68, the District Judge shall
increase or reduce the number of peons according as the number of processes
has increased or decreased by 10 percent, the surplus permanent hands in
case of diminution being gradually absorbed against permanent vacancies by
stopping fresh recruitment until the permissible limit has reached.
47. Determination of the Strength of Process Serving establishment -

The Sessions Judge of every Sessions Divisions shall ascertain the
average number of original processes issued during the last three years
from his own Court and from each of the Courts subordinate to him and
the peons to be employed in the Sessions Division shall be sufficient for
the execution of that number. The process serving establishment of the
Criminal and Civil Courts in the State of Orissa having been
amalgamated, each peon of the process serving establishment shall for
this purpose, be considered capable of executing during the year the
number of original Criminal Processes noted against each district in the
following table -
District Number of original processes
Cuttack ..... 900

Balasore ..... 900
Puri ..... 900
Sambalpur ..... 900
Ganjam ..... 900
Bolangir ..... 900
Dhenkanal ..... 900
Koraput ..... 600
Kalahandi ..... 600
Phulbani ..... 600
Mayurbhanj ..... 600
Keonjhar ..... 600
Sundargarh ..... 600

Note - The term ‘original process’ means the original document which is
filed with the record of a case, including the names of all persons residing within
the jurisdiction of the Court upon whom copies of it (whether it be a summons
warrant, notice or other process) are to be served in the same case and at the
same time.
CHAPTER - VI
Proceedings under Sections 145 and 147, Cr.P.C.
48. Final orders in proceeding s under Sections 145 and 147,

Cr.P.c. - Final orders in proceedings under Sections 145 and 147 of the
Criminal Procedure Code should be drawn up in Form Nos. 25 and 27 of
the Second Schedule of the Code (High Court Forms Nos. (M) 47 and
(M) 49, Volume (II) such modifications being made therein in accordance
with the provisions of Section 476 of the Code as the circumstances of
each case may require.
CHAPTER - VII
Confessions and statements of Accused
49. (i) Time for reflection to confessing accused - The recording

of the confession of an accused person immediately on his production by
the Police should be avoided. Ordinarily, he should be allowed a few
hours for reflection, free from the influence of the Police, before his
statement is recorded. The Police should not be allowed to be present
when a confession is recorded.
(ii) Confession to be recorded in open Court - Confession should
be recorded in open Court and during the Court hours except when
unusual circumstances require a different procedure as, for instance,
when an open record would be detrimental to the public interest or when
the recording of the confession in open Court is rendered impracticable
by reason of the fact that the Court is closed for two Or more successive
days on account of holidays.
(iii) Precautions to be followed before recording confession - A
Magistrate recording a confession should satisfy himself in every
reasonable way that the confession is made voluntarily. It is not necessary
actually to invite complaints of police ill-treatment, though of these, if
spontaneously made, cognizance should be promptly taken of the same.
However, it should be made clear to the prisoner that the making or with
holding of a statement is within his discretion and any indication of use
of improper pressure should be at once investigated.
(iv) Certificate about the genuineness of the confession - The
Magistrate should question a confessing prisoner with a view to
ascertaining exact circumstances in which the confession was made and
the connection of the Police with it, in other words the Court should

record the confessions inasmuch detail as possible with a view to

obtaining materials from which its genuineness can be judged and to
testing whether it is freely made or is the outcome of suggestion. To the
certificate required by Section 164 of the Criminal Procedure Code, the
Magistrate should add a statement in his own hand, of the grounds on
which he believes that the confession is genuine, of the precautions which
he took to remove accused from the influence of the Police and of the
time, if any given to him for reflection [vide Form No. (M)2].
(V) Warning to the confessing accused - The Magistrate should

formally warn the accused though not necessarily in set words, that
anything said by him will be taken down and may therefore be used as
evidence against him, even if he retracts the same.
(vi) Remand to police custody - A remand to police custody
should not be allowed unless good and satisfactory grounds are shown for
it, a general statement that the accused may be able to give further
information should not be accepted.
(vii) Remand to Magistrate’s custody - Whenever possible,
where the object of the remand is the verification of the prisoner's
statement he should be remanded to the charge of a Judicial Magistrate.
(viii) Period of remand - The period of the remand should always
be as short as possible.
(ix) Remand not allowed when confession is declined - A
prisoner who has been produced for the purpose of making a confession
and who has declined to do so, or has made a statement which, from the
point of view of the prosecution, is unsatisfactory, should in no
circumstances be remanded to police custody.
(x) Statement by prisoner declining to make confession - If a
prisoner produced for the purpose of making a confession declines to
make any, the Magistrate before whom he is brought shall record in Form
No. (M) 2 the refusal of the prisoner in his own words, and shall also
record any statement which the prisoner may desire to make in lieu of a
confession.
CASE LAW
After warning sufficient time should be given to reflect and the prisoner
should be left alone for some time to collect his mind : AIR 1956 SC 217,
222 : 1956 Cri.L.J. 421. Half an hour was considered insufficient and
generally it would be reasonable to insist upon at least 24 hours
time : AIR 1957 SC 737.

CHAPTER - VIII
Commitment of the Accused to the Court of Sessions
50. Procedure to be followed by the Magistrate .committing an

accused to the Sessions Court - 1[A Magistrate, while committing the
accused to the Court of Sessions, under Section 209 of the Code of
Criminal Procedure, shall supply to the accused copies of police reports
and other documents as required under Sections 207 and 208 of the
Criminal Procedure Code on proper receipt. All the commitment records
of the Magistrate should also be sent to the Sessions Court immediately
for being tagged on with the records of the sessions trial and the Sessions
Judge after final disposal of the case, should consign those papers to the
Record Room along with the Sessions case record for preservation and
destruction with the sessions case record as per the rules prescribed. The
Committing Magistrate shall also supply to the Public Prosecutor and the
State Defence Lawyer, if any, a brief of the case records which shall
consist of the following : -
(a) The report of the Police Officer of the complaint.

(b) The First Information Report recorded under Section 154
of the Criminal Procedure Code or the complaint petition.
(c) Sta tements recorded under Sub-section (3) of Section
161 of the Criminal Proced ure Code of all persons
cited as witnesses in the charge-sheet or the statements
recorded under Section 200 or 202 of the Criminal
Procedure Code of all persons examined by the Magistrate.
(d) The confession and statements, if any, recorded under
Section 164, Cr.P.c.
(e) Seizure Lis t.
(f) Spot Map.
(g) Inquest Report.
(h) Post-mortem certificate or injury certificate
(i) Dead body chalan.
(j) Command certificate.
(k) Letter forwarding articles to the Chemical Examiner.
(1) Report of the Chemical Examiner and seizure list.
(m) T.I parade report.
The receipt of the above shall be obtained in Form No. (M) 24
(A) and the same shall be forwarded along with the record to the
Court of Sessions.
1. Substituted by C.S. No.13, XLIXD-23-82, Dt. 9.6.1982.

CASE LAW
When the case is committed to the Court of Session, the Committing

Court shall remand to accused to custody till conclusion of trial :
1993 (I) OLR 532 : Amiya v. State.
51. Enquiry as to the means of the accused committed - When a
Magistrate commits an accused to the Court of Sessions, he should
enquire whether the accused has sufficient means to engage a pleader and
he should question the accused whether he desires to make his own
arrangements for his defence in the Sessions Court or whether
arrangements should be made by the Sessions Court to engage a lawyer
on his behalf. In either case the Magistrate should when committing the
accused intimate the Court of Sessions accordingly.
52. 1[The Committing Magistrate while committing the accused to

the Court of Session under Section 209, Criminal Procedure Code, will
fix a date on which the accused will appear in the Court of Session and
will obtain a personal bond from the accused whom he releases on bail.
On the accused appearing the Sessions Judge will decide whether t he
case will be retained in his Court or will be transferred to the Court of
additional/Assistant Sessions Judge and fix the date for appearance of the
accused before the said Court.]
CHAPTER - IX
Sessions Business
53. Register of Sessions cases - Cases committed to the Court of
Session shall be entered in the Register of sessions cases in Form No.
(R) 23 serially in the order of receipt of commitment records in the
Sessions Court. The series of numbers shall be separate for each calendar
year. A separate index number shall be given to each accused.
Note - (1) Separate Registers for each Revenue district shall be maintained.
(2) Special cases under the Criminal Law Amendment Act, 1952 (XLVI of
1952) shall be entered in the Trial Registers in Form No. (R) 3, separate
Registers being maintained for each Revenue district.
(3) For statistical purposes, sessions cases should be treated as brought

to trial during the year when the accused is committed irrespective of the fact
whether the records are received in the Court of Sessions during the year or
during the next succeeding year.
54. Abstract of charge - Column 4 of (R) 23 is meant to contain

an abstract of the charge, offences are to be stated as conscisely as
possible with the section of the Indian Penal Code or other law
applicable. When a prisoner is charged with several offences, the heads
1. Substituted by C.S. No.72, XLIX - D6/91, Dt. 4. 4. 1996.

of charge on which he has been convicted must be indicated by red

underlining.
55. Reasons of adjournment and passing of light or severe
sentence to be noted in the Register - In the column of Remarks of
Form (R) 23, Sessions Judges should state the grounds of postponement
when any trial is postponed; the sentence passed on any prisoner in
addition to any other sentence in a different case passed at the same
Sessions or one which is to take effect on the expiration of another
sentence which the prisoner may be undergoing; the reasons which have
prompted a specially light or specially severe sentence in any particular
case and generally any matter necessary to enable the High Court to
exercise the power of revision vested in it by Chapter - XXX of the Code
of Criminal procedure.
56. Particulars of previous conviction - Whenever an enhanced
sentence is passed upon an accused on conviction on a charge within the
terms of Section 75 of the Indian Penal Code, the Sessions Judge should
enter in the column of Remarks of (R) 23, the date of each previous
conviction, the offence charged, and the sentence passed on each
occasion.
57. Priority to sessions case - Sessions cases should usually be
given preference over civil and other criminal matters, but every Sessions
Judge should arrange as he finds most convenient, for the disposal of
urgent civil and criminal matters.
58. Sessions case to be heard in order of receipt - Sessions trials
should ordinarily be held in the order in which commitments are made.
Sessions Judge should, however, exercise his discretion in the matter of
giving priority to certain cases, particularly cases involving capital
sentence subsequently received judging the seriousness of the offence and
the convenience of the accused. It should always be the endeavors of
every Sessions Judge to see that the sessions trial is brought to a close
with due expedition and without unnecessary adjournments.
59. Fixing Circuits at a place not notified - If any Sessions Judge
wants to fix any circuit at a place not notified to be a place of circuit, he
should in advance intimate the reasons thereof to the High Court and
obtain prior approval.
60. Arrangement of Sessions business in Circuits - As far as

possible at least two sessions cases should be posted for hearing in every
circuit. Part-heard sessions cases should be combined with other sessions
cases. A circuit solely for the purpose of consideration of charge or
hearing on the question of sentence or for delivery of judgment should, as
far as possible, be avoided. If, however, no other business is available, the
Sessions Judge should devote the rest of the day in inspection work.
G. R. C. O. (Criminal) Vol. I
Instances of fixation of circuits for anyone of the above purposes should

be intimated to the Court.
61. Posting of civil and criminal appeal - The Sessions Judge
may also post some civil and criminal appeals 1[and civil and criminal
revisions] arising out of the place of circuit and presented by local
lawyers for hearing along with sessions cases.
62. Court hours not to be spent on journey - Save in exceptional
circumstances working hours of the Court should not be wasted merely
for journey to and from the place of circuit and the place of the
headquarters.
63. When an Asst. Sessions Judge to submit records to the
Sessions Judge - When an Assistant Sessions Judge on consideration of
the records and documents and after hearing the parties finds that a case
comes within the purview of Section 228 (l) (a), Criminal Procedure
Code, he shall instead of framing charges resubmit the record to the
Sessions Judge along with a report supported by reasons that the case is
not triable by the Court of Sessions. The Sessions Judge would then
make arrangements for transfer of the cases to the file of the concerned
Chief Judicial Magistrate for disposal according to law.
64. Arrangement to be made when Sessions Judge is unable to
proceed to a place of circuit - When a Sessions Judge has fixed cases at
different places of circuit one after another, and is unable to close the
case at the first place to enable him to proceed to the next place, he shall
make such arrangements sufficiently ahead at the second place as he
deems fit to relieve the prisoner from unnecessary prolonged detention as
also to minims inconvenience to the witnesses.
2[65. Rules relating to appointment of the State Defence Counsel
Rules, 1974 as amended is reproduced below:
(1) These rules may be called the " Appointment of State Defence
Counsel Rules, 1974".
(2) They shall extend throughout the State.
(3) These rules shall come into force at once.
(4) 3[(a) State Defence Counsel- 'State Defence Counsel' means a
counsel appointed by a Court of Sessions or by a Court of Magistrate for
defence, at the expenses of the State, of an accused who is not
represented by a Pleader and who has not sufficient means to engage a
Pleader in sessions trial or in any other criminal trial, as the case may be.
1. Inserted by C.S.No. 85, XLlX-D-8/98, dt. 31.12.1998.

2. Substituted by C.S. No.32-XI-1 /81, dated 21.1.1984.
3. Substituted by C.S.No. 71 - IX-6/90, Dt. 4.4.1996.

(b) If an appellant in a Criminal Appeal pending before the Sessions

Judge/Additional Sessions Judge/ Assistant Sessions Judge has no means
to engage an advocate or if an advocate appearing for him does not attend
the Court and does not argue when called on for hearing or submits a
memo of "no instruction" the Sessions Judge, or the Additional Sessions
Judge or the Assistant Sessions Judge, as the case may be, shall appoint an
advocate amicus curiae to represent the appellant and dispose of the appeal
after hearing him.
(C) The advocate amicus curiae so appointed shall be governed by
the same terms and conditions which govern the State Defence Counsel
appointed in a Sessions case under these rules.]
(5) Panel of Defence Counsel - The Sessions Judge shall prepare a
panel of legal practitioners with their consent for each place of sitting of
the Court of Sessions and for each Magisterial Station in his Sessions
Division, keeping in view the need of such station, for being appointed as
State Defence Counsel every calendar year.
(6) (i) Qualification - A person shall be eligible to be included in the
panel for appointment as State Defence Counsel in sessions cases only if :
(a) he has been in practice as a lawyer for not less than 7 years ;
or
(b) he had been a member of Judicial Service of the State for
not less than 7 years :
Provided that in computing the period of service as aforesaid, the
period of practice as a lawyer shall be taken into account.
(ii ) A person shall be eligible for inclusion in the panel of State
Defence Counsel in Magisterial Courts only if :-
(a) he has been in practice as a Lawyer for not less than 5 years;
or
(b) He had been a member of Judicial Service of the State for
not less than 5 years.
(7) A Court of Session or a Criminal Court shall not, so long as a

Panel Lawyer is available, appoint an outsider as State Defence Counsel.
(i) Resignation - Any person in the panel may tender his

resignation in writing to the Sessions Judge.
(ii) Filling up vacancy - Any vacancy in the panel caused by
resignation or otherwise may be filled up by Sessions Judge.
(iii) Penalty for negligence or refusal to accept any engagement -
If any person after having agreed to serve in a Panel neglects
or refuses to accept an engagement without any reasonable
cause his name will be struck off the panel.

(iv) Removal from Panel - If any counsel after accepting any

engagement neglects or refuses to discharge his duties properly, his
name may be struck off the panel.
(8) Time for appointment - The appointment of State Defence
Counsel shall be made, sufficiently ahead of the commencement of
the trial. The concerned Magistrate shall make the appointment from out
of the panel prepared by the Sessions Judge under Rule 5 for that station.
(9) Supply of brief - The Sta te Defence Counsel shall be furnished
with a brief of the case free of cost at least seven days before the
commencement of the trial. If after appointment of State Defence
Counsel, the accused appoints another counsel, the appointment of State
Defence Counsel shall cease and the brief prepared for the State Defence
Counsel shall be made available to the Counsel privately engaged by the
accused.
(10) Grant of free copies - No fees are to be required or paid for
searching for or copying papers wanted by the State Defence Counsel for
the purpose of defending the accused in the case.
(11) Fees of defence counsel - The daily fees of the State Defence
Counsel in Sessions and Criminal Cases shall be the same as the fees of
Public Prosecutor or Assistant Public Prosecutor, as the case may be, as
fixed by the State Government from time to time.
(12) Fees when employed outside headquarters - The fees of the
State Defence Counsel when employed outside their usual headquarters
shall be double the usual daily fees at the headquarters.
(13) Fees during halt on holidays - The daily fees at the headquarters
shall ordinarily be allowed to the State Defence Counsel for the days
of necessary halt at intervening holidays during the absence from
headquarters.
(14) No fees if case is adjourned without hearing - 1[The State
Defence Counsel shall not be entitled to any fee on dates when cases are
adjourned without hearing but half fee may be admissible when he attends
the Court to hear the judgment pronounced or for all un-expected
adjournments of a case and for putting appearance in interlocutory matter
including hearing of bail applications.]
(15) Travelling allowance - The State Defence Counsel shall be
entitled to traveling allowance at the rate admissible to Public
Prosecutors.
(16) Separate defence counsel for separate accused when necessary
- If a State Defence Counsel has to be engaged for several accused
persons and their respective defences are such that it appears to be
undesirable to entrust the defence of all the accused persons to a single
1. Substituted by C.S.No. 63 - XLiX-O-4/89, Ot. 18.9.1992.

Counsel, as many pleaders may be appointed for the defence, as the
necessity of the case seems to require :
Provided that a single Defence Counsel shall be appointed for more
than one accused unless there is conflict of interest.
CASE LAW : Whenever a criminal appeal is filed and the appellant
does not appear, then the course open to the appellate Court is to appoint
an Advocateemicus curiae: Tikan Bindhani v. State of Orissa :
2010 (I) OLR 190.
CHAPTER - X
General Provisions as to Enquiry or Trial
66. List of witnesses to be filed in the first hour - In Sessions
cases and Police cases, the Public Prosecutor or the Assistant Public
Prosecutor and in non-police cases the parties shall be required to make
over to the Bench Clerk not later than 11 A.M. (Standard time) in case of
day siting and 7.30 A.M. (Standard time) in case of morning sittings, a
list, verified dated and initiated by such officer or the witnesses who are in
attendance for examination. The o missions of a name of the witnesses
from the list shall be no bar to such witness being examined if presented
for examination but no costs shall be allowed to any witness on account
of his expense for the day's attendance if his name is neither entered in the
list nor he is actually examined.
Note 1 - This rule is no way affects the obligation on the part of witnesses
to attend punctually at the time for which they are summoned.
Note 2 - Not only the names of the witnesses entered in the lists
mentioned in this rule but also of those whose names though not so entered are
actually examined will find entry in the Register of attendance of witnesses
which is to be filled up by the Bench Clerk.
67. Convenience of lawyers no ground for adjournments - The
convenience of lawyers shall not ordinarily be regarded as a good ground
for adjourning a case.
68. Examination of witnesses proceeding outside India - All
Courts should take care that officers who are about to proceed on leave
out of the State, are examined before their departure, in any pending
criminal cases in which they are important witnesses.
69. Prolonged postponement of cases for examining handwriting
expert to be discouraged - Where the evidence of the Government
expert in handwriting cannot be obtained without undue delay and
inconvenience, other available evidence should be taken. The prolonged
postponement of criminal trials for the purpose only of obtaining
expert evidence of handwriting should be discouraged.
70. Accused may sit during trial - The accused person should
be informed by the Court at the beginning of every trial that he may sit, if
he desires to do so, and chairs or benches should, whenever available, be
provided for this purpose. The accused must, however, stand up, whenever
he is addressed by the Court.

71. Witnesses to give evidence from the witness box - No

witness should be provided with any seat in the dias. All witnesses should
give their evidence from the witness box. A witness should normally stand
when giving the evidence. But, however, a chair may be provided in the
witness box, upon which any witness may sit receiving the prior
permission of the Presiding Judge or Magistrate, as the case may be. This
permission may be given on valid grounds such as (a) health, (b) age, and
(c) the length of time to be occupied in giving the evidence and the like.
72. (1) Verification of solvency of sureties - The responsibility for
accepting the surety as solvent for the required amount is primarily that of
the Presiding Officer of the Court and in ordinary cases he should
discharge it himself by making such summary enquiry as in the
circumstances of the case he might think fit. This enquiry should in no
event be left to be done by the Bench Clerk or any other official of
the Court.
(2) Insistence upon the possession of immovable property by
sureties in bonds of small amounts not exceeding R. l,OOO would cause
serious inconvenience to the accused in procuring a surety. The Judge or
Magistrate may, therefore, in suitable cases, where the amount of the bond
does not exceed R. l,OOO / - assess the solvency of the surety even upon
the basis of his movable property and assets. The intending surety should
present his application for surety ship in Form No. (83-A). The Judge or
Magistrate should consider the application in the light of proof produced
and, if necessary, examine the surety personally and may also require
further proof as he deems fit. The Judge or Magistrate after necessary
enquiry may pass an order either accepting or rejecting the application.
1[72. A. Whenever an accused is released on bail he need not

ordinarily be required to appear before the Court until the charge sheet is
filed and the process is issued by the Court. The Magistrate while
releasing the accused on bail should require execution of a bond with or
without surety, as the case may be, binding the accused not only to appear
as and when required before him but also to appear when called upon in
the Court of Sessions.]
CHAPTER - XI
Mobile Courts
73. Holding of Mobile Courts - The Judicial Magistrates who

have powers to take cognizance should comply with the requisitions for
holding Mobile Courts but always subject to their previous engagement in
the Court.
1. Inserted by C.S. No. 39-XLlX-D-47-84, dt.25.8.1984.

74. Mobile Court Magistrate should dissociate from Police

Officers - The Judicial Magistrates should dissociate themselves from
investigation or detection of offences by the Police and Excise Officers.
75. Manner of noting the Mobile Court cases in the Register -

The Judicial Magistrate holding Mobile Courts should take with him the
Trial Register of his Court and enter all cases of which he takes
cognizance during mobile duty. After return to the Court, the Bench Clerk
should fill up these cases in the appropriate Register in Form No. (R) 1
with the help of the Trial Register and also fill up Column 2 of the latter
Register. To facilitate quick compilation of figures, these cases may be
indicated by the letter 'M' below the serial number of the cases in Column
1 of the Trial Register for the purpose of distinguishing them from the
regular cases.
76. ReaIisation of fines in Mobile Courts - Realisation of fines

imposed in Mobile Courts should in no case be left to the Bench Clerk.
The Magistrate holding Mobile Court should himself collect the fines and
deposit the same with the Nazir on return to headquarters.
77. Issue of receipts - The Magistrate shall issue a receipt in Form
No. (A) 8-D to the persons paying fines at the spot in the Mobile Court.
CHAPTER - XII
Commission for Examination of Witnesses
78. Commission to the Master of the Mint of the Controller of
Paper Currency - When the evidence of an officer connected with the
Mint of the Currency Department at Calcutta is required as to the
genuineness or spuriousness of a coin or currency note, the Court or
Magistrate concerned should ordinarily send the coin or currency note, to
the Magistrate of the Mint or the Controller of paper currency as the case
may be, under cover of the Court-seal or by a messenger for his
examination and report. As to the summoning and examining officers of
the Mint, attention of the Judicial Officers is drawn to Section 292 of the
Criminal Procedure Code, 1973.
79. Commission to t he Controller of Printing, Stationery and
Stamps, Calcutta - Summoning of officers of the Stamp Department,
Calcutta to give evidence in Criminal Courts regarding the secret water
mark causes considerable inconvenience to that Department. In cases,
therefore, in which such evidence is required the Court should, unless
there be special reasons to the contrary, consider the desirability of
sending the papers to the Controller of Printing, Stationery and Stamps,
Calcutta, under cover of the Court-seal, or by a messenger for his
examination and report. As to the summoning and examining officers

Of the Controller of Printing, Stationery and Stamps attention of the

Judicial is inflicted to the Criminal Procedure Code, 1973.
Note - The procedure indicated in Rules 78 and 79 above shall be
followed mutatis mutandis for the examination as witnesses of the Indian
Security Press, Currency Note Press and the Central Stamp Store, Nasik Road.
80. Issue of commission of foreign Court - Commission for the

examination of witnesses residing in the foreign countries to be issued
under the Criminal Procedure Code, 1973 should be issued to the Courts
or Judges or Magistrates as specified in Appendix VII as having authority
in this behalf in' that country.
81. Form to be used - In issuing such commission, Form No.

(M) 88-A should be used except in the case of colony of Singapore in
respect of which Form No. (M) 88-B should be used.
82. Commission to be forwarded through High Court - It should

be noted that commission issued to witnesses residing in the colony of
Singapore are to be forwarded through the High Court which has to
forward it direct to the High Court in the colony of Singapore unlike the
Commission issued to witnesses residing in other foreign countries
specified in Appendix VII which have to be sent through the Channel of
Ministry of External Affairs, Government of India, New Delhi, for onward
transmission to the foreign Courts concerned.
CHAPTER - XIII
Mode of Recording Evidence
83. Manner of recording deposition - Depositions should be
written on both sides of the paper, a margin of one-fourth of the sheet
being left blank. Only one deposition should be written on each sheet
of paper.
84. Use of typewriting machine f or recording deposition -
A typewritten machine may be used for the purpose of recording
depositions and memoranda of evidence in criminal cases. The
typewriting machine must be used by the Presiding Officer himself or by
the person who records the depositions and memoranda of evidence to the
dictation of the Presiding Officer in open Court and a certificate must be
given that this has been done. Each page of the record so made must be
attested by the Presiding Officer's signature.
85. Description of witness and accused to be in the hand of the
Presiding Officer - Every Sessions Judge and Magistrate shall, in the
examination of witnesses and accused persons, record in his own
handwriting in each deposition or statement, the name of the person

Examined, the name of his or her father and if a married woman the name
of her husband, profession and age of the witness or accused person and
the village, thana and district in which the witness or accused person
reside. The entry of age shall be the Presiding Officer's own estimate and
in his own handwriting.
Note - In recording the profession a general word like 'service' should not
be used. The precise nature of the service should be indicated.
86. Expression of doubtful expressions - (a) In depositions in
which there may be any doubt as to the exact meaning of any expression
used and in which the doubtful expression has an important bearing on the
defence with which the accused is charged, the words actually used should
be transliterated in order that the Court may be in a position to determine
their exact signification.
(b) Use of interpreter - Should any instance occur in which a
foreign language is used or in which the evidence may be given in a
dialect with which a Judge may be unaccustomed, an i nterpreter may be
employed.
(c) Expenditure of interpreter - All Sessions Judges and District
Magistrates are authorised to incur expenditure on account of
interpretation of evidence given in Kui, Khond, Ho, Savara and other
Adibasi languages not understood by the accused or Court or the Lawyers,
1[to a limit not exceeding Rs.25/- per day]. Sessions Judges and District
Magistrates are also empowered within the limit prescribed to pass similar
charges incurred by Magistrates subordinate to them. Sessions Judges and
District Magistrates will report to the High Court expenditure incurred
under this rule, as it is incurred.
87. Deposition to be paragraphed - Deposition of each witness
should be separately paragraphed and consecutive numbers. should be
assigned by them.
88. Reading over certificate to be personally signed by the

Presiding Officer - The Magistrate or Presiding Judge shall personally
sign the certificate at the bottom of the deposition of each witness to the
effect that "Read over and explained to the witness in presence of the
accused/pleader representing the accused and admitted to be correct."
CASE LAW
Rule 88 - Magistrate/Presiding Judge, shall personally sign certificate

at Bottom of deposition of each witness - Duty of trial Jutiqe or Magistrate
- Discussed: Radheshyam Singhania v. Ranjit Kumar Patnaik and
another : 1(1999) CCR 546 : I (1999)BC 157.
1. Substituted by C.S.No. 57-XLlX-D-22-85, dt. 20.1.1990.

Rule 88 - Trial Court's duty under - Indicated.

Held, according to the provisions in Chapter XIII in the General
Rules and Circular Orders of the High Court of Judicature, Orissa
(Criminal) (Vol. I) in Short, "G.R.C.O.) Rule 88 after recording the
deposition of a witness it is a bounden duty of a trial Judge or the
Magistrate, as the case may be, to read over and explain the contents of
the deposition to the witness in the language he understands and
thereafter the witnesses called upon to sign on the deposition and
accordingly that certificate is granted: Radheshyam Singhania
v. Ranjit Kr. Patnaik and another : 85 (1998) CLT 407 : (1998) 15
OCR 282.
89. Deposition regarding several accused of the same name at
one trial - When several accused persons bearing the same or similar
names are included in one trial, care should be taken in recording the
evidence given by such witness, to specify the name of the father of the
accused whenever the name of anyone of them is mentioned.
90. Evidence of person who is about to die - When any person
whose evidence is essential to the prosecution of criminal charge against
any accused person, or to the proper investigation of an alleged crime with
which no person has been specifically charged, may be in imminent
danger of dying before the case comes to trial, the deposition of such
persons, if possible, be recorded in the presence of such accused person
(if any), or of attending witnesses, and in the event of his death, submitted
at the trial as evidence of this fact.
91. Marking of documents on behalf of defence on - The Courts

shall mark the documents (a) which are admitted as evidence on behalf of
the prosecution with figures in the order in which they are admitted thus :
Exhibit I, Exhibit 2, etc.
(b) Making of documents on behalf of defence - The documents
admitted as evidence on behalf of the defence with capital letters, thus :
Exhibit A, Exhibit B, etc.
(c) Documents marked by the Court - When documents are
admitted at the instance of the Court and neither party is willing to
accept them as evidence on his behalf, they shall be marked as
C-I, .C-II, etc., Etc.
92. Marking of a series of documents of the same nature - When
a number of documents of the same nature are admitted, as for example
a series of receipt for rent, the whole series shall bear one number or
capital letters, a small number, or small letter being added to distinguish
each paper of the series, thus :
Exhibit I1, 12, etc.

a b etc., Etc.,
Exhibit Aa, Ab, etc., etc.
Exhibits C-I/l, C-II/2, etc., Etc.
93. List of documents admitted in evidence - A list of the
documents admitted in evidence on behalf of the prosecution and another
of document admitted in evidence of the defence shall be prepared by the
Clerk of the Court, and signed by the Judge/Magistrate. The documents
shall be entered in these lists in the order in which they are admitted and
marked. [For form of list see Form No. (M) 20, Volume II].
94. Whenever a document is admitted in evidence it should not
ordinarily be returned until the case in all its stages is over. Return of
documents may, however, be ordered whenever the Court is of opinion
that a reference to the original documents is not necessary. But in all such
cases the document can only be returned on substitution of a certified copy.
95. Separate file for documents received in evidence - Documents
admitted as evidence at the trial and not included in file A, shall not be
shown in the table of contents of that file, but shall be placed in a separate
or supplementary file to which is to be attached to the list referred to in
Rule 93. This file will include not only documents produced for other
purposes, but also documents used to refresh the memory of witnesses,
e.g., reports of a medical witness, etc.
96. Documents not admitted in evidence - Documents which have
not been admitted in evidence should not be made part of the record
unless the Court directs otherwise. They should immediately on the
conclusion of the trial, be returned to the person producing them or his
pleader after he has signed the receipt for the same in the appropriate
column of the list [Form No. (M) 21]. A Pleader when required to do so is
bound to take back any document produced by his client which has not
been admitted in evidence and to sign the receipt referred to above.
97. Marking of Articles admitted in evidence - When any article
connected with the offence charged is produced in a Criminal Court and,
after being proved is admitted in evidence, it shall be marked by the Court
with a Roman Number, thus -
M.O.I., II, III, etc.
98. List of articles admitted in evidence - List of such articles
admitted in evidence shall be prepared by the Clerk of the Court, and
shall be signed by the Judge. The articles shall be entered in the list in the
order in which they are admitted and marked. [For form of list, see Form
No. (M) 20, volume II].

99. Return of articles to be marked in the list - Whenever

an article, which has been admitted in evidence is returned, or
destroyed, a note of the fact shall be made in the column for remarks.
CHAPTER - XIV
Judgment and Sentence
100. Judgment to be legibly written - Judgment should be written
with a margin of one-fourth of each sheet being left blank.
101. Procedure when the Judgment is transcribed by
Stenographer or typed by Typist - A Stenographer may be employed
to record judgment in criminal cases, provided that the Presiding Judge
attaches a certificate to the effect that the judgment has been recorded
Athis dictation and attests each page thereof by his signature.
Note - (1) When a Presiding Judge uses a typewriting machine himself,
a certificate must be given that this has been done and each of the record so
made shall be attested by his signature.
1[ * * * * * * ]
102. Judgments to be paragraphed - Judgment should be written
down in separate paragraphs by assigning consecutive numbers to them.
103. (a) Remarks in culpable homicide cases - Sessions Judges, in
all cases in which they convict persons for culpable homicide not
amounting to murder, shall invariably mentioned in their judgment the
circumstances under which the culpable homicide was held not to amount
to murder.
(b) Sessions Judges shall invariably record their opinion whether
the act by which death was caused was done with the intention of causing
death or of causing such bodily injury as was likely to cause death, or with
the knowledge that it was likely to cause death, but without any intention
to cause death, or to cause such bodily injury as was likely to cause death.
104. Noting the nature of case at the end of acquittal judgments
- The Judicial Magistrates are required to declare at the end of their
acquittal judgments whether the cases are found to be true, intentionally
false, mistake of fact or mistake of law, as the case may be, for statistical
purposes.
105. (a) Hearing on the question of sentence - The hearing of
argument on the question of sentence should be taken up soon after the
pronouncement of the judgment of conviction. If, however, it is
considered necessary to adjourn hearing on the question of sentence,
adjournment may be granted for a short period and necessary measures
1. Deleted by C.S.No. 4-XLlX-D-21 /79, dt. 19.10.1979.
may be taken for securing the attendance of the accused on the date of
hearing on the question of sentence and the passing thereof.
(b) Judgment in any criminal case cannot be deemed to be complete
unless the sentence is passed. The Presiding Officers should, therefore
write and sign the judgment up to the stage of finding the accused guilty
and convicting him for particular offence and after completion of the
hearing of argument on the question of sentence, the Judge or the
Magistrate, as the case may be, may pronounce the sentence imposed. The
list of witnesses examined, documents and material objects exhibited
should then be appended to the judgment thereby making it complete in
all respects.
106. Procedure of passing enhanced sentence - Whenever an
enhanced sentence is passed on conviction on a charge within the terms
of Section 75 of the Indian Penal Code, the Sessions Judge or Magistrate
shall state in his judgment the date of such previous conviction and the
sentence passed as well as particular offence charged.
107. Mode of recording of order of acquittal of Lunatics - The
following is suggested a suitable form of finding of acquittal on the
ground of insanity:
"The Court finds that (.............) did kill (............) by striking him on
the head with a club but that, by reason of unsoundness of mind, he
was incapable, of knowing that he was doing an act which was
wrong or contrary to law, and that he is not therefor guilty of the
offence specified in the charge, viz .............and the Court directs that
the said (................) be acquitted, and that, under the provisions of
Section 471, Criminal Procedure Code, the said (.............) be kept in
safe custody in the ".
108. List of witnesses, documents and material objects to be
appended to the judgment - The list of the witnesses examined, the
documents and material objects admitted in evidence in the case should
be appended to the judgment of every case in chronological order. For
copying purposes, however, such lists will not be treated as a part of the
judgment unless the copy applied for is for the purpose of appeal
or revision.
109. Time for delivery of judgment - Ordinarily judgment in all
criminal cases, appeals and revisions should be delivered soon after the
hearing. But where it is not possible to do so, either on account of the
length of the case or for other sufficient reasons, the delivery of judgment
should not be postponed sine die. A definite date should be fixed not more
than 1[three weeks] after the conclusion of arguments on which the
judgment should be delivered. But in any case, the judgment must be
1. . Substituted by C.S, No. 23-XLlX-D-1 0/82, dt. 13.1.1983.

delivered within 30 days from the date of conclusion of arguments. All

cases in which the judgment is not delivered within '[three weeks] from
the date of the conclusion of argument, should be brought to the notice of
the Registrar, High Court direct by means of a demi-official letter by the
first day of every month next succeeding the date of delivery of the
judgment furnishing copies thereof to the respective Sessions Judges
stating therein the names of the parties and the numbers of the cases in
which judgments are delivered after more than 1[three weeks] in their
respective Courts. Particulars as to the number of adjournments made, if
any, after the conclusion of hearing and the dates of such adjournments till
the delivery of judgments shall also be stated.
Note - The period of 30 days and 2[three weeks] may be reckoned from
and exclusive of the date on which arguments are heard and concluded.
110. Delivery of all pending judgments by Judicial Officers

either proceeding on leave or on transfer - Judicial Officers before
proceedings on leave or transfer and before making over charge should
deliver all pending judgments and intimate the fact of clearance to the
Sessions Judge and in case of Sessions Judges to the High Court.
111. (a) Communication of observations in judgments - When a
Sessions Judge or a Magistrate has any occasion in any judgment
whether at any trial or on appeal or in revision expressly to condemn or to
praise the action of the police or of any particular police officer, a copy of
such judgment should be forwarded to the District Magistrate for his
information and necessary action.
(b) Observations, either of an adverse or commendatory nature
made about an Executive Magistrate by any Sessions Judges or Judicial
Magistrate should be forwarded to the State Government in Home
Department by the Sessions Judge concerned, for their information and
necessary action.
(c) Such observation made about any other public servant made by
the Court of Sessions or Magistrate should be brought to the notice of his
immediate superior officer.
112. (a) Forwarding copies of judgments of Courts to different
authorities - Sessions Judges and Magistrates should forward to the
Defence Department (Army Branch) of the Government of India copies
of judgments of all cases in which Commissioned Officers have been tried
for criminal offences. In the case of other ranks, it is not necessary to
supply copies of judgments, but the Defence Department should be
supplied with copies of the conviction and sentence only.
1. Substituted by C.S. No. 23-XLIX-D-1 0/82, dt. 13.1.1983.

2. Substituted by C.S. No. 24-XLIX-D-1 0/82, dt. 13.1.1983.
Whenever a Military pensioner is convicted and sentenced to

imprisonment and also when such conviction and sentence are confirmed
in appeal, a copy of the judgment should be sent by the Criminal Court or
the Appellate Court, as the case may be, to the Controller of Defence
Accounts (Pension), Allahabad and another copy to the pension paying
officer concerned.
(b) In the case of a reservist of the Army who may be sentenced by
a Criminal Court to imprisonment for any term exceeding three months, a
report should be made to the Commandant of the Regimental Centre
(Ministry of Home Affairs letter No. 110/50-Judl., dated the 12th October
1950). A list of Regimental Centres will be found in Appendix VI.
(c) Sessions Judges and Magistrates shall forward to the Registrar
of the Council of Medical Registration, Orissa, free of charges, a copy of
the judgment in all cases where a Registered medical practitioner is
convicted of any non-bailable offence. In other cases when a judgment
contains any unfavorable remarks on the professional conduct of a
Registered medical practitioner, whether accused in the case or a witness,
a copy of the judgment or relevant extracts therefrom, shall be sent if the
Court pronouncing the judgment considers that the conduct of the
Registered practitioner has been such that it is desirable to call the
attention of the Medical Council to it.
(d) Sessions Judges and Magistrates shall forward to the Inspector
General of Registration, a copy of judgment in which the official
character and conduct of a. Registering officer is impugned.
(e) Copies of judgments should be sent by all Sessions Judges and
Magistrates to the Forensic Science Laboratory in all cases where a
reference was made to the Laboratory for examination of exhibits which
helped the investigations of cases. Copies of such judgments or orders or
the manner of disposal of the case may be sent to the S.P. (C.I.D.) Crime
Branch who will transmit the same to the Laboratory concerned.
(F) Copies of judgments in cases tried by a Court of Session or a
Chief Judicial Magistrate should invariably be sent to the District
Magistrate concerned within 3 days of the delivery thereof.
(g) In all criminal cases instituted on the complaint of a Court, a
copy of the trial Court's judgment may be sent to the complaining Court
as soon as practicable after judgment has been pronounced.
113. Copy of Sessions judgment to committing Court - Copies of
judgments in sessions cases should be sent to the committing Court who
after making necessary entries in the concerned Registers shall return
the same.
114. Copy of appellate judgment to the trial Court - The

appellate Courts shall send a copy of judgment in appeal to the Court
against whose judgment the appeal was preferred.
115. Shorthand note books to be page-marked and signed -
Every shorthand note book used by a Stenographer for taking down
dictations of judgments and orders shall be page marked consecutively
according to the sequence in which the pages of the note book are made
use of and signed by him in each page. He shall put his signature with
date at the end of the record of every dictation.
CHAPTER - XV
Appeals
(CHAPTER - XXIX, CR.P. CODE)
116. Separate or joint appeals - 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 when one accused has been convicted at different trials, he
should prefer a separate appeal in each case.
117. Manner of forwarding Jail appeals - Petitions of appeal
against the sentence or orders of Sessions Judges, presented to officers in
charge of Jails shall be forwarded by such officers direct to the Registrar
of the High Court, intimation of the fact being at once given, in each
instance, to the Judge whose sentence or order is appealed against by
sending him a copy of the letter [in Form No. (M) 16, Volume II]
addressed to the Registrar with forwarding Memo.
Note - Sessions Judges need not send the records of such cases to the
High Court until they are requested to do so upon the admission of the appeal.
118. Manner of intimation of the date of hearing and calling

for record - In the case of appeals preferred to the Court of Session by
persons convicted or directed to execute bonds under Sections 108 to 110,
Cr.P.c. by Judicial Magistrate or directed to execute bonds under Section
107, Cr.P. C. By an Executive Magistrate at the Sadar Subdivision of a
district, the letter intimating the date fixed for the hearing and calling for
the record of the case [Vide Form No.(M) 11, Volume II] should be sent
by the Sessions Judge to the Chief Judicial Magistrate in case of appeals
against the sentence or order of a Judicial Magistrate or to the District
Magistrate in case of appeals against the order of an Executive Magistrate
for compliance. In the case also of persons convicted or directed to
execute bonds as aforesaid by Magistrates at other subdivisions the letter
should be sent to the Chief Judicial Magistrate or the District Magistrate
as the case may be for compliance, and duplicate thereof sent’ at the same
Time, to the Sub-divisional Judicial Magistrate or Sub-divisional

Magistrate concerned.
Note - Notice of hearing of the appeal shall be given to the complaint
(Private prosecutor, mentioning therein that the State has the right to appear to
oppose the appeal and that except where the right is given by the law to him, the
person to whom the notice is issued, requires the permission of the Court to
appear, and ordinarily will not receive such permission, if the State appears.
119. Forwarding sessions records to the High Court - When the
record of a case tried at the Sessions is submitted to the High Court, the
Sessions Judge shall forward simultaneously all the police diaries
connected with the case. He should also forward such of the material
exhibits in his opinion will be of importance at the hearing in the High
Court and if any such exhibit is bulky, he should ask for the instructions
of the High Court. It is important to send any material exhibit directly
connecting the accused with the crime. In murder and homicide cases all
weapons of offence should invariably be forwarded. Such of the material
exhibits as are not sent up with the record should not be returned or
destroyed until the period for filing an appeal has expired, or if an appeal
is filed, until the appeal has been decided.
Note - When records are called for by the Appellate Court for purpose of
reference in appeals, revisions and references, the trial Court or the Court which
is in custody of records should call for all the records and documents even if they
were returned to the parties, make the records complete and then send them to
the Appellate Court.
120. Report about the means of the accused to engage a pleader-
When the records of a case tried at the Sessions is submitted to the High
Court in connection with Section 366 or 378 of the Code of Criminal
Procedure, the Sessions Judge shall also state whether the accused has
funds or not to employ a pleader in the High Court for his defence and in
the case of an appeal under Section 378 or of a revision under Section
397 of the Code of Criminal Procedure when notice has been given to the
accused to show cause why the order passed should not be set aside, and
sentence of death passed, the Chief Judicial Magistrate shall, in returning
the notice, state thereon whether the accused has funds or not to employ a
pleader in the High Court.
121. Manner of sending bail orders by the Appellate or Revisional
Courts - When an Appellate Court or a Court of Revision directs the
release of a prisoner on bail pending the hearing of an appeal or an
application for revision, such Court shall send the warrant for his release
on bail to the Chief Judicial Magistrate or if the order under appeal or
revision was passed by a Court in an outlying subdivision, in the

Alternative to the Sub-divisional Judicial Magistrate of such subdivision
or, if the said order was passed by a Court not at the sub-divisional
headquarters, to the Judicial Magistrate concerned and send a copy of the
order to the trial Court. The Magistrate concerned shall comply with the
bail orders on the every day of its receipt and in case of non-compliance
on that day shall note the reasons for the same in the order sheet. If such
person is unable to furnish the bail required to him, the Court receiving
the warrant for the release of the prisoner on bail shall forthwith return
the same to the Appellate Court or the Court of Revision which issued it,
with an endorsement thereon to the effect that the prisoner is unable to
furnish the bail.
CASE LAW
Duty of the Magistrate to keep the appellate Court and the revisional
Court informed in case the accused does not furnish bail within 15
days - Bail order should be treated to be operative even after that - Prisoner
should be released on bail as soon as he is able to furnish the bail
bond - Magistrate need not wait for any further clarification or order from
appellate/revisional Court : Thabir Suna v. State of Orissa : 1999 (II) OLR
257 : I (2000) CCR 166 (Cri.).
122. Order of suspension to be sent to Jail - Whenever an
Appellate Court orders the suspension of the execution of a sentence of
imprisonment under Section 389 of the Code, it shall send a copy of the
order to the Superintendent or Officer-in-charge of the Jail in which the
appellant is confined.·
123. Effect of order of suspension - The effect of an order by an
Appellate Court suspending the execution of a sentence of imprisonment
pending disposal of an appeal, is that the appellant, if detained in jail, is
to be treated, in all respects, as an under-trial prisoner.
124. In case of an order for stay of realisation of fine, it will have
the effect of suspension of all proceedings relating to real isation of fine
and warrant for realisation of fine issued shall, on receipt of order of stay,
be forthwith recalled.
125. Application for return of articles retained in the High
Court - Articles as are sent up with the record such as Sticks, Stones,
Knives, Bill hooks, Axes, Guns, rags or clothing, earth, etc. And all
articles of trifling values are ordinarily retained in the High Court and
destroyed there. Any application for the return of these articles (for return
to parties or for reference in any other case) or of any articles that High
Court has omitted to return, shall be made within one month from the
date on which the records of the case are received back in the Lower
Court.

CHAPTER - XVI
Reference and Revision
126. Certificate in revision application - Every criminal revision
application shall contain a certificate that no revision application in
respect of the same matter has been previously filed.
127. Certified copy of judgment or order to be filed in revision
cases - Every criminal revision application shall invariably be
accompanied with a certified copy of the judgment or order sought to
be revised.
128. Compliance of requisitions of Sessions Judges - Sessions
Judges are guided but not to go beyond the following instructions
in communication with the Magistrates.
Chief Judicial Magistrates and District Magistrates are to comply
with all requisitions for records, returns and information made by Sessions
Judges with regard to any case appealable to them or referable by them to
he High Court, decided by any Judicial Magistrate or Executive
Magistrate respectively or made by Sessions Judge under the orders of the
High Court in exercise of their duties of superintendence over subordinate
Courts. The Chief Judicial Magistrates and District Magistrates are also to
render any explanation which the Sessions Judge may require from them
and to obtain and submit any explanation which Sessions Judges may
require from the Judicial Magistrate and Executive Magistrates
respectively in order to assist the Appellate Courts in respect of. all the
three classes of cases above referred to.
Note - The attention of Sessions Judges and Chief Judicial Magistrates
is invited to the provisions of Section 405 of the Criminal Procedure Code that in
the case of prisoners whose conviction and sentence by a Magistrate is affirmed
by a Court of Session or Chief Judicial Magistrate but modified by the High
Court of Sessions Judge on revision it is the duty of the Sessions Judge or the
Chief Judicial Magistrate, as the case may be, to whom the decision or order of
the High Court or Sessions Judge is certified, to issue order comfortable to the
decision so certified.
129. Manner of calling for the records - When the record of a
proceeding in the Court of any Judicial Magistrate or Executive
Magistrate is called for by the Sessions Judge under Section 395, Criminal
Procedure Code, it shall always be done through the Chief Judicial
Magistrate or the District Magistrate respectively.
130. 1[ * * * ]
1. Deleted by C.S. No. 69 - IX-3/95, Dt. 11.12.1995.

CHAPTER - XVII
Execution of Sentences
(CHAPTER - XXXII, CR.P.C.)
131. 1 [Whenever a Magistrate convicts an accused and sentences

him to fine either with or without any substantive sentence of
imprisonment, there should be a separate order mentioning whether the
fine has been paid or not and if the fines is not paid, there should be a
further order in the order-sheet to start a miscellaneous case in which the
original order of the Court imposing the fine and default sentence should
be extracted. The Magistrate should then take action in the miscellaneous
case record either to grant time under Section 424 of the Code of
Criminal Procedure or to send the accused to jail custody. The
miscellaneous case should bear a separate number in order to distinguish
it from the original case record. The question of issue of warrant for
realisation of fine may be taken up only after the accused has undergone
the whole of default sentence. In this connection, reference is also invited
to Sub-rule (b) of Rule 140 infra].
132. (a) Issue of Fine Cheque - When an offender is sentenced to
fine by a Magistrate, a small printed form, called the Fine Cheque, shall
be at once filled in by the Bench Clerk with the particulars, and sent by
him with the person fined, in charge of a constable, to the Nazir, i.e., the
Clerk who is employed as the cashier.
(b) The printed forms prescribed in the above rule will be bound
together like a cheque book, each book containing 100 forms with the
serial numbers printed on both foil and counterfoil. The foil or outer
section will be torn off and sent with the person fined to the Nazir and
the counterfoil retained in the Magistrate’s office. The form should be
used by the Magistrate in all cases, whether the fine is imposed by
himself or by the Court of Sessions or High Court. The counterparts will
enable the Register of Criminal Fines to be easily checked.
133. (a) The duty of Nazir on receiving the Fine cheque and the
convict - The Nazir will call upon the prisoner to pay the amount of fine.
If the fine be paid in full the person fined should be released unless he be
also sentenced to substantive imprisonment. The Nazir will then report the
fact to the Court on the foil received by him from the Bench Clerk. If the
sentence be one of fine only without any imprisonment in default of
payment and the fine be paid. in part, the prisoner 'Will be released and the
1. Substituted vide C.S. No.2-XLlXD. 5/79 - Dt. 16.2.1979.

sentence in order that a warrant may be issued for the realisation of the
balance. If the sentence be one of fine only and the fine be not paid tall,
the Nazir shall apply for a warrant for the realisation of the whole
amount and other necessary orders. No person not under sentence
of imprisonment alternative or otherwise shall be detained on account
of inability to pay the fine. Where the sentence is one of fine, with or
without a substantive term of imprisonment, but with an alternative
sentence of imprisonment in default of payment of the fine, if the fine
be not wholly satisfied at once, the Nazir shall report to the Court which
imposed the sentence for its orders as to the term of imprisonment
proportionate to the amount still unpaid which, under Section 69 of the
Indian Penal Code, the convicted person has yet to undergo. In such
cases the fact of the payment of the fine, in part, should be noted on the
warrant of imprisonment by the Magistrate who issued it. Where,
however, the fine has not at all been paid, the fact of non-payment
should be noted in the warrant of imprisonment in every case.
(b) Duty of the Clerk-in-charge of the fine Register - The
Clerk-in-charge of Fine Register who will ordinarily be the Magistrate's
peskar, will make the necessary entries in the Register of Criminal
Fines. The foils with the Nazir’s report thereon shall be shown to the
Clerk-in-charge of the Fine Register without delay.
134. Receipt for payment of fine - A receipt should be granted
to the person paying a fine by the Nazir in Form No. A-8 (D).
135. Procedure on realisation of fine during the currency of
the term of Imprisonment - Any payment made during the currency
of the term of imprisonment must be at once reported by the Nazir to the
Magistrate who, after satisfying himself that the necessary entries elating
to the payment have been made in the Fine Register, shall immediately
give notice of such payment to the Superintendent of the district jail in
which the prisoner was first confined after conviction with a view to the
amendment of the sentence of imprisonment or the release of the
prisoner, as the case may be. The fine realisation statement shall be
drawn up by the Court in the prescribed form and in the English
language, and shall be sent in duplicate, with the Court-seal affixed
thereto, to the jail, the original being sent on the first opportunity and the
duplicate on the following day. The responsibility of the Court shall not
cease until it has received back the duplicate statement with an
acknowledgment from the jail showing that the necessary corrections
have been made in the release diary.
Note - If the fine is paid before the transfer of a prisoner from the subsidiary
jail in which he was first confined to the district jail. the fine realisation statement
should be sent to the subsidiary jail.

136. (a) Procedure when Sessions Court imposes a sentence

of fine - 1[When a Court of Sessions issues a warrant for realisation of
fine imposed by. it the same shall be sent for realisation of the fine to the
Chief Judicial Magistrates of the district who shall treat it in all respects
as a fine imposed by him. After making necessary entries in the Register
of Criminal Fines maintained by him, the Chief Judicial Magistrate shall
take steps for realisation of the fine amount. He is also competent to
write off the fine amount in terms of Rule 145, if the fine amount cannot
be recovered.
Note - If the fine mentioned in this rule was imposed in any previous
quarter, it shall for all purposes be treated as an outstanding fine brought forward in
red ink from the previous quarter.]
(b) In cases in which the Sessions Court itself realises the fine it
has imyosed, it shall prepare the usual warrant for the realisation of the
fine and forward it to the Chief Judicial Magistrate of the district with an
endorsement thereon to the effect that the fine has been realised and the
fine shall thereupon be entered in the Register of Criminal Fines.
137. Procedure 'to be followed when an order of fine is either
confirmed or enhanced on appeal - When an order of fine is confirmed
on appeal, the fine amount will continue to be shown in the Register in
which it was originally entered and be treated as one imposed by the
Court which originally tried the case. If the fine is enhanced in appeal or
a new fine is imposed in modification of a sentence of imprisonment, the
additional fine or new fine will be entered in the Register of Criminal
Fines of the Court originally trying the case as a fine imposed by the
appellate Court and for purpose of its realisation, will be treated as a fine
imposed by the original Court. When a fine is enhanced on appeal, the
entry of the original fine in the Register of Criminal Fines will remain
unchanged, a note only being made against it about the order of the
appellate Court. The trying Judge or Magistrate or his successor-in-office
would take necessary steps for realisation of the fine amount after
disposal of the appeal.
138. Realisation of fines by police - At each Police Station a
Register in Form No. (A) 19 shall be kept of all warrants received by the
police for realisation of fines within its jurisdiction. Every such warrant
shall specify the time within which it should be returned which ordinarily
should not exceed six months. The police must return the warrant in due
time whether the- amount of the fine imposed or any pad of it be realised
or not. They should not retain time-expired warrants in the irpossession.
1. Substituted by C.S. No. 30-IX-2/81-dt.3.1.1984.

nor after the warrant has been returned, pay any domiciliary visit to a
defaulter with a view to the realisation of any portion of the fine
outstanding, unless fresh orders to that effect are issued. Any enquiries
they may make when they have no warrant to authorise their action
should be made only under the order of a Magistrate with a view to
ascertaining whether there are grounds for the issue of a fresh warrant.
Such enquiries should not ordinarily be made, by an officer lower in rank
than a Sub-Inspector of Police.
Note - In exercise of the power conferred by Sub-section (2) of Section 386 of
the Code of Criminal Procedure, 1898 (Act V of 1898), the Governor-in-Council is
pleased to make the following rules to regulate the manner in which warrants under
Sub-section (1), Clause (a) of the said section are to be executed, 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, namely :
(1) A warrant issued under Sub-section (I), Clause (a) of
Section 386 of the Code of Criminal Procedure, 1898, for
the levy of a fine shall ordinarily be directed to a police
officer (see Form No. XXXVII, Schedule V of the said
Code.) The authority issuing it shall specify a time within
which the attached property is to be sold or the return of the
warrant.
(2) The police officer or other person to whom a warrant is
directed u nder Rule 1 shall attach any movable property
belonging to the offender.
(3) If no person claims the property attached, the police officer
or such other person directed to execute the warrant, shall
sell it within the time specified in the warrant without any
previous reference to the Magistrate.
(4) If any person makes any claim in respect of the property
attached, then the ownership of such property shall be
determined by the Magistrate who issued the warrant or his
successor-in-office or the Magistrate-in-charge of the
accounts, The services of a Junior Deputy Magistrate or
Sub-Deputy Magistrate or Circle Officer may be utilized, if
necessary, for the investigation of such claims.
(5) Subject to the proviso to Section 386 (1) of the Code of
Criminal Procedure, 1898, if at any time subsequent to the
return of the warrant, and within the period of six years from
the passing of the sentence, the fine, or any part thereof
remains unpaid (see Section 70 of the Indian Penal Code)
and the Court has reasonable ground for believing that any

movable property belonging to the offender is within

its jurisdiction, it may issue a fresh warrant for the
attachment and sale of such property. Such warrant
shall be made returnable within a time to be definitely
fixed therein.
139. Report about the assets of the defaulter - If it appears that a
defaulter can, in all probability, pay the amount of fine
outstanding
against him, the police officer shall forthwith report the matter to the
Magistrate having jurisdiction with a view to the issue of a warrant. In all
other cases he will merely note 'no assets' in the remarks column, dating
the entry.
Note - Report of subordinate police officer that the offender has no
assets should be checked by local enquiry by a superior police officer, 1[not
below the rank of Sub-Inspector of Police] before the same is accepted by the
Magistrate. The checking officer should furnish a certificate to the following
effect.
I verified on the spot in presence of Shri..............................and found that
the convict has no movable/immovable properties.
140. (a) Levy of fine within six years and thereafter - Section
70 of the Indian Penal Code gives power to levy a fine within six years
from the passing of the sentence or during the term of imprisonment of
the offender if this exceeds six years. But this is subject to the provisions
contained in the proviso to Section 421 (i) of the Code of Criminal
Procedure.
(b) 2[ * * * ] Should the fine be paid or levied by process of law,
whether in whole or in part while the offender is undergoing
imprisonment in default, Sections 68 & 69 of the Indian Penal Code will
apply. When, however, efforts made to realise the fine in full have proved
unsuccessful and the offender has undergone the whole of the
imprisonment awarded in default of payment of the fine, the Court must
proceed according to the proviso to Section 421 (1) of the Code of
Criminal Procedure. Before issuing a warrant in such a case, the Court
must record in writing the special reasons which, in its opinion, make
the issue of a warrant necessary, it would, for example, be open to the
Court to take into consideration such a fact as the persistent refusal to
pay fine by an offender who is well able to do so. On the other hand it
would also be open to the Court to consider whether the circumstances of
the case or the means of the offender justify any further action.
1. Substituted by C.S.No. 68/1X-4/95, Dt. 11.12.1995

2. Deleted by C.S. No.10-XLIX-D-15/80, dt. 9.2.1982.
. (c) In cases where a substantive sentence of imprisonment is

awarded in addition to a sentence of fine, a warrant for the levy of the
amount by distress and sale of movables should, if the Court elects to
adopt this particular method, be issued with as little delay as possible.
Realisation or payment of the fine in whole or in part while the offender
is in jail whether under the substantive sentence or the sentence in default
will under Sections 58 and 59 of the Indian Penal Code cancel or
proportionately reduce the sentence of imprisonment awarded in default.
When, however, the offender has undergone the full term of
imprisonment awarded in default and the fine still remains unrealised the
Court must proceed, as indicated above, in accordance with the proviso
to Section 421 (1) of the Code of Criminal Procedure.
141. Entry of warrants in Thana Register - Warrant of this
description, subsequent to the first must be entered in the Thana Register
in red ink but be treated as a fresh entry, a reference being made in the
remarks column to the year and number of the original warrant.
142. Enquiry as to the assets of a defaulter after his death - In
the event of the death of a defaulter being reported one final and formal
enquiry should be made as to whether he has left anywhere any property
of any kind liable for his debt.
143. Return of warrant after realisation of fine - All fines
realised should be remitted with the returned warrant at once to the
Magistrate's Nazir. The Nazir shall sent the returned warrant to the Clerk-
in-charge of the fine Register noting on it the amount received and the
date of receipt.
144. (a) Inspection of Thana Register by the Magistrate - The
Magistrate should call for the Register of each Thana at least once a
quarter and have it compared with the Fine Register of his Court. He
should also note that the police enquiries have been regularly made and
properly recorded . .The comparison must never be made by the Nazir. It
should, when possible, be done by a Magistrate.
(b) Entries in the Thana regarding realisation of fines imposed in
other districts, or in a subdivision of the same district should be compared
with the entries of the fine warrants in the Court's Register of processes
and with the Magistrate's cash-book, once a quarter.
145. Writing off of irrecoverable fines - Subject to the' control
and supervision of the Sessions Judges, the Chief Judicial Magistrates in
respect of fines imposed by Judicial Magistrates, the District Magistrate
subject to the control and supervision of the Revenue Divisional
Commissioners may at their discretion, give orders for the writing off of
all fines which (a) in consequence of the death of the defaulter or (b) after

due enquiry that there are no assets of the defaulter or (c) thewhereabouts
of the defaulters cannot be ascertained and the defaulters have undergone
default sentence may be irrecoverable.
1[Provided that-
(1) Where the apprehension of the defaulters cannot be secured

on account of their change of places or abode after their
appearance in Court either in person or through recognised
agents, to commit them to jail custody to undergo the
default sentences, the fines imposed upon them may be
written off.
(2) Where the defaulters have been released on bail, the fines
imposed upon them may be written off only after taking
appropriate steps against the bailers for realisation of the
bail amounts.
(3) Where a Magistrate decides not to issue a distress warrant
after the convict has undergone the whole of default
sentence, there being no special reason for it, he shall be
competent to write off the fine amount. After passing the
order to write off the fine amount, he should close the
connected misc. case and direct that the connected entry in
the fine Register may be struck off.]
146. Realisation of fines imposed in other districts - In cases of
fines imposed in one district but realised in another, the following
procedure is to be observed:
(a) The Court imposing the fine will issue a distress warrant direct
to the Magistrate of the district or districts where the property of the
prisoner is supposed to be. The Magistrate of the district, on receipt of
this warrant, will deal with it as if the fine was imposed in his own
district. This warrant shall contain the following particulars : Name of
prisoner, sentence, date of sentence, name of the district jail in which the
prisoner was first confined after conviction and name of the Court issuing
the warrant.
Note - If the prisoner has not been transferred from the subsidiary jail in which
he was first confined to the district jail, then the name of the subsidiary jail.
(b) The proceeds of all fines so realised will be paid into the local
treasury, with the realisation of the Court that makes the recovery. The
amount should be carefully distinguished from local fines, and will be
separately acknowledged by.tJ1e Treasury Officer. No entry of these fines
will be recorded in the Fine' Registers of the district where the fine was
recovered, but the amount realised must be credited in the Magistrate’s
1. Added by C.S. No.3-XLlX-D-5/79, dt 16.2.1979.

cash-book and in the Register of Criminal Fines of other districts and a

footnote made in his fine statement of the total amount realised on
account of their districts, the sums relating to each district being
carefully distinguished for comparison and check in the Accountant-
General’s Office. The Magistrate-in-charge of Fines should examine and
sign the Register of Criminal Fines of other districts daily and should
see that realisations are promptly acknowledged.
(c) The Clerk-in-charge of the Fine Register is responsible for
seeing that the realisation of all such fines is immediately communicated
to the Chief Judicial Magistrate or Sub divisional Judicial Magistrate, as
the case may be, of the concerned district or subdivision in which the fine
was imposed by the despatch to him of both the treasury receipts and the
warrant. The use of remittance transfer receipts is strictly prohibited. The
Chief Judicial Magistrate or Subdivisional Judicial Magistrate, as the
case may be, will at once send an acknowledgment of the receipt of the
Treasury receipt and warrant to the Magistrate of the district where the
fine was realised. He will also note the realisation in his Register of
Criminal Fines and include the amount in the monthly statement of fines
which he renders to the Accountant-General with a note against the item
showing into which treasury the amount has been paid and the date of
payment.
The rule is applicable mutatis mutandis in respect of fines imposed
by a Magistrate at headquarters and realised in a subdivision, or imposed
in one subdivision and realised in another of the same district.
(d) The fact of recovery will then be reported to Superintendent of
Jail referred to in Clause (a) by the Chief Judicial Magistrate of
the district or Sub divisional Judicial Magistrate in which the fine is
imposed, provided that if the fine is realised in the district in which the
prisoner is confined, the Magistrate of the district should also
immediately send intimation direct to the Superintendent of Jail in
which the prisoner is confined.
(e) In all cases of communicating the realisation fines by the
despatch of the treasury receipt to the district or subdivision where such
fines were imposed, it will be the duty of the Clerk-in-charge of the
Fine Register to send reminders whenever acknowledgements of
receipts of such communications are unduly delayed.
Note - When the distress warrant is issued to the Magistrate of a
district in another Part 'A' State or 'C' State a clear note should be made on it as
to the manner in which the amount is to be credited, i.e. whether to Government,
or to a Municipality or to Cantonment fund or to any other Local Body, or whether
it is to be held as a criminal deposit. It the amount is creditable to Government or
to criminal deposits, the proceeds of the fine should be paid into the local

treasury for credit to Government, as required by Clause (b) and an intimation

should be sent to the Chief Judicial Magistrate or Subdivisional Judicial
Magistrate as laid down in Clause (c). If the amount is creditable to a
Municipality or to a Capital Cantonment Fund or to any other local body, the
proceeds of the fine should be remitted by a remittance transfer receipt to the
Chief Judicial Magistrate or Subdivisional Judicial Magistrate on whose account
the fine has been collected. He will endorse a receipt to the Treasury Officer if
the Municipality or Cantonment fund or other local body banks with the district
treasury for credit to its account ; otherwise the receipt should be endorsed to
the Chairman or Secretary of the Municipality or local body concerned.
147. Execution of substantive sentence of imprisonment - In all
cases where the accused is a soldier or a person holding any rank in the
army, the warrant for detention or imprisonment shall set forth accurately
the rank of the prisoner, and the Regiment of Military Department to
which he belongs.
148. Committing Prisoner - Every Criminal Court when
committing a prisoner to jail, shall attach to the warrant of commitment a
note in criminal process Form No. (M) 61, Volume II.
149. Committing persons to jail who fail to furnish security -
When a Magistrate passes an order to give security under Section 122,
Criminal Procedure Code for a period exceeding one year and such
security is not given on or before the date on which the period for which
such security is to be given commences, he should commit the person
against whom the order is made to prison, until the orders of the superior
Court are received making the necessary modification in Form No. (M)
39 or (M) 40 of the Second Schedule, Criminal Procedure Code. When
he receives the order of the superior Court, he should, if the order is one
to detain the person in jail, issue a revised warrant in the terms of that
order. The warrant will not, in such a case, be issued by the superior
Court but by the Magistrate before whom the proceedings were instituted.
(b) Where a superior Court, on a reference being made to it under
Section 122(2), Criminal Procedure Code directs release of the person
detained, the warrant for release shall, as in the case of an appeal, be
issued by the superior Court in Form No.17 of the Second Schedule,
Criminal Procedure Code [Form No.(M) 41, Volume II.]
150. Sentences to take effect one after the other - When a
person has been committed to jail under two separate warrants, the
sentence in the one is to take effect from the expiry of the sentence in the
other, the date of such second sentence shall, in the event of the first
being remitted on appeal be presumed to take effect from the date on
which he was committed to jail under the first or original sentence.

151. Recommendation for remission or suspension to be made

through High Court - All recommendations for remission or suspension
of a sentence made, under Section 432 of the Code of Criminal
Procedure by officer of any subordinate Court to State Government in
regard to a convict whose case has been before the High Court on appeal,
shall be made through the High Court.
152. Recommendation to Government in case of infanticide - In
all cases in which women are convicted for the murder of their infant
children, the records shall be submitted promptly through the High Court
to the Government with any recommendation under Section 432, Cr.P.C.
by the Sessions Judge as to the propriety or otherwise of commuting or
reducing the sentence with his reasons for the same.
153. Copy of order passed under Section 356, Cr.P.C. to be
attached to warrant - In the case of convict, against whom an order is
passed under Section 356 of the Criminal procedure Code, a copy of the
order passed under that section should be attached by the convicting
Court to the warrant referred to in Section 418 of the Code.
154. Appellate Court to send release warrant to jail on
reversing the sentence - In every case in which a sentence is reversed,
the appellate Court shall fill in the prescribed Form No. (M) 77 warrant
of release on appeal, and shall send the same direct to the Officer- in-
charge of the jail in which the appellant is confined.
155. Appellate Court to send modified warrant to jail - In every
case in which a sentence is modified on appeal the Appellate Court shall
prepare a fresh warrant in Form No. (M) 78 in accordance with the terms
of the order passed and shall send the same direct to the Officer-in-charge
of the jail in which the appellant is confined. When the fresh warrant is
returned with an endorsement of execution under Section 430, Criminal
Procedure Code, the Appellate Court shall forward it to the Court, from
the decision of which the appeal was preferred, to be attached to the
original record.
156. Procedure to be followed when Appellate Court issues
release warrant or modified warrant - The Appellate Court shall, at the
same time when the release warrant or fresh warrant is issued recall and
cancel the original warrant of commitment and this warrant as well as the
release warrant when returned with an endorsement of execution shall be
attached to the record of the original Court.
157. Procedure to be followed when retrial is ordered - In the
event of the conviction and sentence being set aside and retrial ordered
the Court directing the retrial shall communicate its order to the jail
authorities with a view to the necessary action being taken under Rule
558 of the Orissa Jail Manual, 1942, Volume I (Part I).

158. Telegraphic release orders prohibited - Judicial Officers

are prohibited sending by telegraph orders to Officers-in-charge of jails
for the release of prisoners in their custody.
159. Appellate Court to notify result of appeal of prisoners to
officers-in-charge of jail - Irrespective of the procedure prescribed in
Rules 154 to 157 above, the Appellate Court shall, for the information of
the appellant, notify to the Officer-in-charge of jail in which such
appellant is confined the result of his appeal. The notification shall be
made in Form No. (M) 14, Volume II.
160. Issue of revised warrants - Judicial officers must understand
that this notice is intended solely for the purpose of communicating the
result of the appeal to the appellant, and in no way relieves them from
the duty of issuing revised warrant whenever necessary.
Proviso 1. (a) Forwarding warrant of commitment to
Appellate Court - Provided that, where an accused has been admitted to
bail pending the hearing of his appeal, the original warrant of
commitment shall after being returned by the jail authorities to the Court
which issued it be forwarded to the Appellate Court.
(b) Return of warrant on sentence being reversed - In every
case in which a sentence is reversed on appeal the Appellate Court shall
return the original warrant, with a copy of its order to the Court by which
the accused was admitted to bail with direction to discharge him.
(c) Return of warrant on order of retrial - If the conviction and
sentence are set aside and a retrial of the accused is ordered by the
Appellate Court, that Court shall return the original warrant together with
its order on the appeal, either to the Chief Judicial Magistrate or to the
Court which tried the case, with directions to retry the prisoner for the
offence charged.
(d) Issue of modified warrant - In every case in which a sentence
is modified on appeal, the Appellate Court shall prepare a fresh warrant
[in the Form No.(M) 78, Volume II] and shall forward the same with the
original warrant and with a copy of its order to the Court by which the
accused was admitted to bail, with directions to take measures to secure
his surrender and commitment to jail on the modified warrant.
(e) Return of warrant on confirmation of sentence - In every
case in which a sentence is confirmed on appeal, the Appellate Court
shall return the original warrant, with a copy of its order, to the Court by
which-the 'accused was admitted to bail, with directions to take measures
to secure his surrender and recommitment to Jail on the original warrant.

Duty of the Court on surrender of the convict - In each of

the last above-mentioned .cases, it shall be the duty of the Court
to which the accused surrenders to his bail to endorse on the
warrant the dates of his release on bail and of his subsequent surrender.
Despatch of the order of the Appellate Court - The copy of
the order of the Appellate Court referred to in Clauses (b) to (e)
of this proviso shall be in Form No. (M) 15, Volume II and shall be
prepared and despatched immediately after the order has been
passed without waiting for the judgment, a copy of which shall be
sent to the Court concerned as soon as it is prepared. A direction
by the Appellate Court to take measures to secure the surrender
of an accused and his recommitment to jail on an original or on a
modified warrant shall be carried out by the Court or Magistrate
to whom it has been issued without any delay.
Note -The bail bond, if any must invariably accompany the copy of the order.
Proviso 2. Procedure on surrender of accused in Appellate Court
- Provided also that where an accused surrenders to his bail in the
Appellate Court such Court in every case in which the sentence is
reversed on appeal, shall discharge him; and in every case in which
the sentence is modified or confirmed on appeal, such Court shall
forward the accused in charge of a police officer, with the modified
or the original warrant, to the Chief Judicial Magistrate, with directions
to commit him to custody as in cases (d) and (e) of Proviso 1.
Note - Whenever a Sessions Division consists of moral district than
one the Chief Judicial Magistrate in this proviso shall be herd to be the
Chief Judicial Magistrate of the district in which the Sessions Court is
sitting for the hearing of appeals.
161. Duty of Court to which High Court certifies judgment - The
Court to which the judgment of the High Court may have been certified
for the purpose of giving effect thereto will be guided by the above Rules
(154 to 160). Except when the High Court otherwise directs, the lower
Court shall issue the warrant of release or modification of sentence.
Note - When an appeal is preferred to the High Court against the
conviction and sentence passed by the Sessions Judge and the prisoner
is admitted to bail, the original warrant in case of reversal or modification
of the sentence should be returned by the Magistrate to the Sessions Judge
to be filed with the Sessions record.
162. Sentences finally passed to Court - Where the High Court
simply modifies a sentence passed by a Sessions Judge without change
of section, and where the High Court passes a new sentence by changing
the conviction section or punishment section or otherwise, the sentence
finally passed shall count, unless specially otherwise, the sentence
finally passed shall count, unless specially otherwise directed, from
the first day of imprisonment under the original sentence.
163. Issue of dusti release order prohibited - Issue of dusti orders

for the release of prisoners is strictly prohibited. Orders for release of
prisoners should in no case be made over to private individuals for delivery
to the jail authorities. It is, however, the duty of all Criminal Courts to see
that order of release is taken to the jail authorities without delay.
164. Duty of trial Court to secure return of warrant - It is the duty
of the trial Court to issue reminders to the jail authorities from time to time
to secure the return of the original warrant and that its duty of complying
with Rule 156 is not discharged until the original has been obtained from
those authorities and cancelled and attached to the record.
165. Particulars of the case and offence to be noted in
modified warrant - The Appellate Courts while issuing modified
warrants [Form No. (M) 78] should note the number of the case both of
the trial Court and the Appellate Court and sections under which the
original conviction was recorded.
166. Separate warrant for each convict - When two or more
persons are convicted and sentenced to imprisonment at the same time a
separate warrant of commitment shall be issued for each one of them.
167. Manner of calculation of term of imprisonment - In
calculating the sentence of imprisonment the date on which the sentence is
passed and the date of release both ought to be included and considered as
day of imprisonment.
168. Returned warrants to be filed with the record - Warrants
of commitment which are returned to Courts after execution should be filed
with the records of the respective cases and dealt with under rules, or
destruction of records.
169. (a) Procedure in case of death sentence - Sessions Judge
shall make arrangements for communicating every order of the High Court
or Supreme Court imposing, confirming, reversing or commuting a
sentence of death to the Superintendent of the Jail, where the prisoner is
confined within 24 hours of the receipt of the order in the Court of Session.
(b) Immediately after the receipt of the order of the Supreme
Court or the High Court confirming or passing the sentence of death, the
Sessions Judge shall issue a warrant in Form No. 42 of Second Schedule of
the Code of Criminal Procedure, (Suitably amended with regard to cases in
which a sentence of death is passed by the Supreme Court or High Court)
accompanied by a copy of judgment for delivery to the convict, transmit the
same to the Superintendent of the Jail in which the person so sentenced is
confined :
Provided that, the Sessions Judge shall withdraw the warrant-

(a) On receipt of an order of stay either from the High Court
or the Supreme Court ; or
(b) On receipt of direction from the High Court to postpone
the execution; or
(c) When the Sessions Judge, for any sufficient reason, considers
that the execution should be postponed to a future date :
Provided further that, on receipt of a copy of an order from
the High Court or the Supreme Court of the stay having been vacated,
or on receipt of further instructions from. the High Court that the sentence
may be executed, the Sessions Judge shall issue a fresh
warrant fixing a date for the execution.
In any case in which the warrant has been withdrawn by the
Sessions Judge, consequent on his having postponed the execution to some
future date, the Sessions Judge shall issue a fresh warrant for the execution
of the sentence being carried out on that date.
170. Time of execution of death sentence - The date named by the
Sessions Court in its warrant for the execution of a sentence of death shall
not be less than twenty-one or more than twenty-eight days from the date of
issue of such warrant.
171. No modified warrant to issue on communication of death
sentence - No modified warrant should be issued when the sentence
of death is commuted by the order of the President or Governor. The order
itself will serve the purpose of a, warrant. A copy of such order need only be
sent to the jail authority.
CHAPTER - XVIII
Custody and Disposal of Property
172. Register of property - 1[Any property produced in the
Criminal Courts should be entered in the Property Register to be
maintained in Form No. (R) 27, immediately after receipt thereof. The
primary responsibility of preparing and signing the Register shall be of the
Nazir 2[or the Clerk-in-charge of the Malkhana as the case may be] both in
the District Courts and in the outlying stations. The Registrar, Civil and
Sessions Courts at the district Headquarter Stations and at outlying stations
the Subdivisional Judicial Magistrate and where there is no Sub-divisional
Judicial Magistrate, the Judicial Magistrate shall be the Judge-in-charge of
the Malkhana. The entries made in the Property Register should be
countersigned by the Judge-in-charge of Malkhana to indicate that the
property received in the Court is actually so entered.]
1. Substituted by C.S.No. 25-IX-9/82,dt. 16.5.1983.

2. Inserted by C.S.No. 36-XLlXD-36/83, dt. 6.6.1984.

1[Note - The Mal chalans under which properties are received from
the prosecuting agencies shall be first entered in the Register of letters
Received maintained in the Court and thereafter sent to the Nazir/Clerk-in-
charge of Malkhana who shall make entries of the properties in the Register
of property (R) 27 and note the C.M.R. No. assigned to such properties
against the corresponding entry in the Register of letters received and
preserve the Mal Chalans till disposal of the properties.]
173. Description of incriminating articles - When death or
hurt has been caused by a blow from a stick or other weapon, or
when any person is convicted of the offence' of being in illegal
possession thereof, the height and dimensions of the weapon should
be stated in the Register and the list of exhibits with such particularity
as may enable the Appellate or Revisional Court to form an opinion
as to the character of the weapon and the intention with which it
was probably used and to enable such Court to judge the gravity
of the offence and the appropriateness of the sentence.
174. Description of valuable properties in the Register - In
case of valuable properties such as valuable metals or ornaments
prepared out of such metals, full description of such properties
along with their weight shall be noted in Column 4 of the Register.
175. Verification of the Register - 2[The Judge-in-charge of
the Malkhana] should verify personally at least every 3 months,
the property with reference to the Property Register and make an
endorsement with the date of the verification in the remarks column
of the Register. He should also make a report to the Sessions Judge
every three months of having verified the properties indicating in
brief the result of his verification.
176. Unclaimed notes and coins how to be dealt with - Currency
notes and coins, if not claimed by any person within 30 days from
the final disposal of the case, should be remitted to the person
concerned by money-orders. If the amount remitted is returned
undelivered by the Post Office because the payee could not be
traced, it should be credited to Government.
3[176 (a) As to the proper custody of the goods in the Malkhana,
if identification of cash be not required, the sum if it be beyond
R. 1,000 should be deposited in the Bank].
177. Disposal of property to await the result of appeal - In
cases where appeal or revision lies to the High Court, 4[all Criminal
Courts including] the Court of Sessions should not dispose of the material
1. Inserted by C.S.No. 73-IX-6/95, Dt. 6.4.1996.

3. Inserted by C.S. 78 (XLlX-D-14/97, Dt. 21.4.1998)
4. Inserted by C.S.No. 75-IX-7/95, Dt. 4.10.1996.

objects for four months after the expiry of the period of limitation for
appeal or revision; and if intimation regarding the filing of appeal or
revision is received, till the disposal-of the appeal or revision.
178. Report of loss or defalcation - A report should be made
to the High Court and the Accountant-General as soon as a loss or
defalcation occurs.
179. Half-yearly report of property -A half-yearly report should be
submitted to the High Court to the effect that the material objects in cases
decided six months prior to the date of the report have been disposed of. The
report should also state the number of cases in which the material objects
remained to be disposed of with the necessary explanation therefor.
180. Special orders regarding disposal of property - In cases
where the property cannot be disposed of in the' manner directed by the
Court specific orders of the Court should be obtained from the Court for its
disposal in any other manner.
181. Disposal of property subject to speedy and natural decay -
Notwithstanding anything contained in these rules the Court may dispose of
immediately after the disposal of the case any seized property
consisting of livestock or property subject to speedy and natural decay
or the property in respect of which a bond has been executed under
Sub-section (2) of Section 452 of the Code of Criminal Procedure.
182. Notice to take back property - In other cases, the person
concerned, should after the final disposal of the case or two months
after the expiry of the period of appeal or revision, be asked by service
post-card to appear before '[The Judge-in-charge of the Malkhana] to
receive the property. If he fails to do so within 15 days from the date of
intimation, the property should be sold at his cost by public auction and the
amount so realised credited to criminal deposit.
183. Sale when to take place - The property mentioned in the
preceding rule and the property ordered to be forfeited to the State shall be
sold as soon as possible four months after the expiry of the period of
limitation of appeal or revision or two -months after disposal thereof, as the
case may be. 2[The Judge-in-charge of the Malkhana] shall make proper
enquiry and ascertain the fact that neither appeal nor revision is filed in the
matter before the property is put to auction.
184. (i) Sale by whom to be conducted and how to be made - The
sale should be conducted by the Nazir of the Court. 3[Judge-in-charge of
Malkhana] shall cause a proclamation of the intended sale to be made in the
notice board of such Court.
1. Substituted by C.S.No. 27-IX-9/82. dt. 16.5.1983.

2. Substituted by C.S.No. 28-IX-9/82, dt. 16.5.1983.
3. Substituted by C.S.No. 29-IX-9/82, dt. 16.5.1983

(ii) Such proclamation shall state the date, time and place of
sale and specify as fairly and accurately as possible the description
of the property to be sold.
(iii) It shall also state that the bidders will have to pay the price
immediately.
(iv) It shall be incumbent upon 1[The Judge-in-charge of
Malkhana] of outlying Court to fix up-set price of the articles sold.
(v) The sale shall not take place until after the expiration or at least 15
days from the date on which the copy of the proclamation has been affixed
on the Court's Notice Board.
(vi) Auction sale should be held during the Court hours and
within the Court premises.
(vii) The Officer conducting the sale may in his discretion adjourn
the sale to a specified date and hour recording his reasons for such
adjournment.
(viii) No public servant and no officer or other person having any
duty to perform in connection with the sale shall bid for, acquire or attempt
to acquire an interest in the property sold.
(ix) Proceeding of the sale be recorded on the bid sheet.
(x) If. convenient, the property may be sold by lots.
(xi) Valuable articles, however, should not, as far as possible,
be sanctioned in lots.
(xii) Sale shall be confirmed in the name of the highest bidder
unless 2[The Judge-in-charge of the Malkhana] thinks that the bid
offered is grossly inadequate, in which case the property shall be
put to sale again.
(xiii) The price of the articles shall be paid at the time of sale.
(xiv) The officer conducting the sale shall pass a receipt for the price
paid and then hand over the property to the purchaser.
(xv) If the price not paid, the property shall be resold.
185. (a) Forwarding of counterfeit coins and implements to the
Treasury - Criminal Courts in making orders under Sections 452, 453 and
458 of the Criminal Procedure Code or the disposal of counterfeit coin
should consider whether the coin should not be forwarded to the nearest
Treasury or Sub-Treasury Officer with directions to him to deal with it in a
manner similar to that prescribed by Rules by the Government of India, in
the Department of Commerce and Industry.

(b) The above instructions should be held to apply also to

any implements such as dies, moulds, etc. used in coining. When
in case, such coins or implements are forwarded to a Treasury
Officer, a copy of the judgment delivered in the case with which
they are connected, should at the same time be forwarded to that
officer.
186. (1) Forged currency notes and implements confiscated
how to be dealt with - In the case of forgery of currency notes,
the disposal of implements, such as moulds, dies 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.
(2) 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.
(3) All arms, ammunition of prohibited bore which are confiscated
should be sent to the nearest arsenal for disposal.
187. Disposal of excisable goods in Court custody - In the
case of excisable goods held in the custody of Criminal Courts,
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 for the issue of transport permits 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.
PART - II
RECORDS
CHAPTER - I
Arrangements of Records of Criminal Proceedings
A - Records of Court of Sessions
188. Sessions Records - Every record of a Court of Session
shall consist of two files, to be styled and marked, respectively,
File A and File B.
189. File A shall contain the following papers which shall be
arranged in the following order-

(1) Title Page*

(2) Table of Contents*
(3) Order Sheet
(4) Papers showing how the proceedings were initiated together
with any sanction to the proceeding granted under Section
195, 196 or 197, Criminal Procedure Code that is to say: the
complaint, first information to the police or order of the
Magistrate under Section 190 (1) (c) on which the
proceedings were taken, final reports of the police under
Section 173 of the Criminal Procedure Code.
(5) The charge under which the trial has been held, amended
or otherwise with a record thereon that it has been read
and explained to the accused, and the plea of the accused.
(6) Any document or documents connected with the offence
charged, or in respect of which the charge is made,
e.g. the statements made by the accused which form
the subject of a charge of giving false evidence.
(7) List of articles connected with offence, which has been
proved and exhibited, but which cannot be attached
to the records, e.g. any weapon used in the commission
of any offence against the person, stolen property in
an offence against property, counterfeit coin and materials
for counterfeiting, etc.
(8) The deposition of the witnesses for the prosecution
examined at the trial in chronological order, except that when
a witness had been cross-examined, or Re- examined in a
later stage of the proceedings, such cross-examination or re-
examination, shall be attached to his original deposition.
Note - When a witness has been cross-examined under Section 145 of the
Evidence Act, for the purpose of contradicting him as to previous statements made
by him in writing or reduced into writing (e.g. deposition taken during the enquiry
before the Magistrate), such statements shall be filed in the record immediately
after the deposition of the witnesses to which these relates. Every such statement,
when proved, shall be marked by the Court in a series of its own which shall be
noted in the order sheet, but need not be included in any list.
(9) The depositions of witnesses who are absent at the
trial, which are admitted under Section 33 of the Evidence
Act, or Section 299 of the Criminal Procedure Code
or otherwise, e.g. depositions of witnesses taken on
commission; dying declarations .admitted in evidence.
* The title page and table of contents in records of Courts of Sessions should
invariably be written up in English and in the combined form prescribed.

(10) Deposition of medical witnesses admitted under Section

291, Criminal Procedure Code.
(11) Report of the Chemical Examiner or Assistant Chemical
Examiner to Government admitted under Section 293,
Criminal Procedure Code.
(12) Documents admitted as evidence on behalf of prosecution.
(13) Confession or statement, if any, of the accused recorded
under Section 164, Criminal Procedure Code, and admitted
in evidence.
(14) The examination (if any) of the accused before the
Sessions Court.
(15) Any written defence that may be laid before the Court.
(16) The depositions of the witnesses examined for the
defence in chronological order.
(17) Documents admitted as evidence for the defence.
(18) Memorandum of arguments, if any.
(19) If the trial involves a charge of previous convictions, the
evidence for the prosecution to prove such convictions and
the evidence for defence, if any.
(20) Judgment, finding and sentence.
(21) Police case diary.
The following papers shall be subsequently added to complete
the record-
(22) Copy of the judgment, or order of the Appellate, or
Revisional Court.
(23) Warrant returned after execution by the jail authorities.
(24) If the sentence has been remitted in whole, or in part
by the President or the Governor, a copy of the order
of remission.
190. File B shall contain
(1) Title Page
(2) Table of contents, * and
(3) All other papers not included in File A
B-Magistrate's Records
Warrant and Summons Cases
191. Magistrate's Records - The record. of every warrant or
summons case tried by a Magistrate shall consist of two files, to be styled
and marked, respectively, File A and File B.
* To be written up in English and in the combined form prescribed.

192. The following papers shall be included in File A in the

following order :-
(1) Title Page
(2) Table of Contents
(3) Order Sheet'
(4) Papers showing how the proceedings were initiated
together with any sanction to the proceedings granted
under Section 195, 196 or 197 of the Criminal Procedure
Code, that is to say, the petition of complaint, the first
information, or other report to the police or order of the
Magistrate under Section 190 (1) (c) Criminal Procedure
Code, on which the proceedings were taken, and if there
has been a police investigation, the final report of the
police under Section 173 of the Criminal Procedure Code.
(5) The charge with a record therein that it has been read over
and explained to the accused and plea of the accused in
warrant case instituted on a police report.
(6) Statement, if any, of the accused under Section 252,
Criminal Procedure Code, in summons cases (For summons
cases only).
(7) Deposition of witnesses for the prosecution examined at the
trial in chronological order, except that, when a witness has
been cross-examined, or re-examined in later stage of the
proceedings, such cross-examination, or re-examination
shall be attached to original deposition.
(8) Deposition of witnesses who are absent at the trial, which
had been admitted in evidence under Sections 32 and 33 if
any, of the Evidence Act, or otherwise.
(9) Report of the Chemical Examiner or Assistant Chemica
Examiner to Government admitted under Section 293,
Criminal Procedure Code in warrant cases (For warrant
cases only.)
(10) Documents admitted as evidence for the prosecution.
(11) List of articles connected with the offence which have
been proved and exhibited but which cannot be attached
to the record, e.g., any weapons used in commission
of an offence, stolen properly, etc.
(12) The charge with a record therein that it has been read
over and explained to the accused and the plea of the
accused in warrant cases instituted otherwise than on
a police report.

(13) Any document or documents, connected with the offence

charged or in respect of which the charge is made, e.g.,
statement made by the accused, which form the subject
of a charge of giving false evidence, etc. (For warrant
cases only).
(14) Any confession or statement made by the accused before
a trial and recorded under Section 164, Criminal Procedure
Code (For warrant cases only).
(15) Examination of the accused under Section 254, Criminal
Procedure Code, in summons cases or under Section 313,
Criminal Procedure Code, in warrant cases and any
writtez: statement filed by the accused during the trial.
(16) The deposition of the witnesses examined for the defence
in chronological order.
(17) Documents admitted as evidence for the defence.
(18) Memorandum of arguments, if any, filed by the parties.
(19) Judgment, finding and sentence.
(20) Police case diary.
The following papers shall be subsequently added to complete
the record:
(21) Copy of the judgments or order of the Appellate or
Revisional Court or Courts.
(22) Warrant returned by the jail authorities after execution
of sentence.
(23) Any petition, or other paper bearing on the offence charged
and material to elucidate or justify the decision of warrant
cases (For warrant cases only).
193. File B shall contain:
(1) Title Pages,
(2) Table of contents, and
(3) All other papers not included in File A.
Complaints dismissed under Section 203, Criminal Procedure
Code.
194. (a) Record of Complaint dismissed - It shall not be
necessary to prepare a title page, table of contents, or order sheet in the
case of complaints dismissed under Section 203, Criminal Procedure
Code, but such complaints (with the order passed thereon), shall be
formed into weekly, monthly, or quarterly files as may be most

convenient and each such file shall constitute one record, to which
shall be attached a title page and a table of contents of each file or
record thus formed as single entry shall be made in the list which
accompanies all records sent to the District Record Room. These
files shall be preserved for one year from the date of the latest
order in each.
(b) No title page and table of contents need be attached in
the case under the Municipal Bye-laws nor in those under Section 34
of the Police Act.
195. Records of summary trials - In cases tried summarily,
the A file should contain only the form of summary trial kept under
Section 263 or 264 of the Criminal Procedure Code, and whatever
else the Court may record under the provisions of these Sections;
and all other papers connected with the trial, should be placed in
the B file. In the absence of express orders to the contrary, the A
file alone should be forwarded to a Court of Appeal or Revision.
In the case of such records, no title page, table of contents or order
sheets need be prepared.
196. Records of inquiry - The rules relating to the records of
summons cases shall apply to the records of inquiries under Section 107,
Criminal Procedure Code and to such other proceedings as, under
the Code, the procedure applicable to summons cases applies; and
the rules relating to the records of warrant cases shall apply to
the records of inquiries in other cases with such modification in
details as the circumstances of such cases may require.
197. Appellate records - The record of the Appellate or Revisional
Court shall be arranged in the same way as that of the Court of
Original Jurisdiction, except that there shall be no separate B file,
the papers which would belong to the B file being attached to the
A file.
198. Arrangement of papers - In every case, the papers shall,
as far as possible, be attached to the file to which they belong as
the trial proceeds, and shall be arranged in the order in which
they are brought before the Court. The necessity of sorting papers
in the record room must be avoided.
199. Combined title page and table of contents - To each
file of every record there shall be prefixed a combined title page
and table of contents in Form No. (M) 19, Vol. II. This form should
be written up in English.
200. Table of contents - The Table of Contents should be
written up in the manner indicated in Form No. (M) 19, Vol. II.

CHAPTER - II
The Order sheet
A-Order sheet for Sessions Courts
201. Order sheet in Sessions trial - An order sheet in Form
No. (M) 18, Volume II, shall be used in all Sessions trial, and shall
form part of the record of such trial.
Note - 1[Order shall not be written on petitions, reports and similar
documents. The serial number and the date of the order passed on any
petition shall be noted on such petition].
202. Manner of maintaining order sheet - The order sheet shall
contain a complete record of the proceedings from the commencement
to the conclusion of the trial, and every order passed during the trial. It
may be written by the Bench Clerk, but shall be signed, at the end of the
proceedings on each day, as well as on the conclusion of the trial by the
Sessions Judge after he has satisfied himself about the correctness of all
the entries made therein. The order sheet shall invariably be written in
English.
203. Contents of order sheet - It shall contain :
(1) An abstract of the charge or charges.
(2) A note of the fact that charge has been read out and
explained to the accused and a note of his plea.
(3) A note stating by whom the case is opened, and, if any
preliminary objections are taken, the substance of such
objections with the orders passed thereon.
(4) The names of the witnesses for the prosecution, as they
are examined.
(5) Particulars of any documentary evidence, or articles,
admitted in evidence for the prosecution wi th a note, if
any, tendered in evidence and rejected as well as the
order passed.
(6) If the accused has been examined, a note of the fact and
whether on being asked, he has stated that he means to
call Evidence.
(7) A note of the fact that the prosecutor sums up his
case (as the case may be) before, or after any
defence made.
(8) If accused or his pleader addresses the Court a note
of such fact.
(9) The names of any witnesses examined for the
defence, and particulars of any documentary evidence
or articles admitted for the defence.
1. Inserted by C.S. No.33-XLlX-D-21/81, dt. 8.5.1984.

Note - If any, are rejected, the order should be noted.

(10) If the prosecution replies, the fact should be noted.
(11) The fact that there was a hearing on the question of
sentence.
B-Order sheet for Magistrate's Courts

204. Magistrate’s order sheet - A form of order sheet in Form
No. (M) 17, Volume II is to be used by the Magistrate and it shall
form part of the record of each trial. The order sheet should be
written in English.
Note - 1[Order shall not be written on petitions, reports and other
similar documents. The serial number and the date of the order passed
on any petition shall be noted on such petition].
205. Contents of order sheet - The order sheet shall include every
interlocutory order from the date of complaint or the date on which the accused
is sent in custody to the Magistrate by the police and shall also contain the
substance of the final order.
206. Signing of order sheet - Each order entered in the order
sheet shall be signed by the Magistrate.
207. Nothing in the order sheet about commitment or re-
commitment of the convict to jail - The commitment of the convict to jail, his
release on bail granted by the trial appellate or revisional Court and his re-
commitment to jail after disposal of the appeal or revision should invariably be
noted in the order sheet of the original record of all the Criminal Courts.
Note - When the original record is in the Appellate or Revisional Court the
order may be recorded in a separate sheet and the same be sent to the Appellate or
Revisional Court for being tagged to the original record.
CHAPTER - III
Inspection of Records
208. Inspection of pending records - No record not deposited in the
Record Room shall be inspected without the permission of the Sessions Judge
or the Magistrate to whose file it appertains.
209. Procedure of inspection of pending records - The Sessions
Judge or the Magistrate may either in his presence or in the presence of the
Registrar, Civil & Sessions Court or the Chief Ministerial Officer allow
inspection of any such record to public officers, pleaders and mukhtars in the
case, subject to the general conditions laid down for inspection of records in the
Record Room (vide Chapter - VI, Rule.230 post).
1. Inserted by C.S. No.34-XLlX-D-21/81, dt. 8.5.1984.

210. Inspection of records on the date fixed - The Presiding Judge

or Magistrate may, in his discretion without making a written order in that
behalf, permit a party or his pleader to inspect in the Court room the record
of a pending case fixed for the day.
211. Inspection of records of subordinate Courts by the Sessions
Judge -When the Sessions Judge desires to examine the record of a case in a
Court subordinate to his Court, he may order the Court
forthwith to forward the same to him.
212. Inspection by the High Court - Nothing in these rules
above shall apply to any inspection by or on behalf of the High Court.
CHAPTER -IV
Transmission of Records to the District Record Room
213. Record Room - ‘Record Room’ is a room set apart for the
storage of the records of decided cases and ‘Record Keeper’ is the
ministerial officer in immediate charge of such records.
Note - The rules contained in the General Rules and Circular Order
(Civil) Volumes I and II in so far as they relate to the maintenance of Registers,
arrangement of records, receipt of records, custody and removal and
transmission of records and of the documents for which no provisions has been
made in these rules shall be followed in respect of criminal records.
214. Consignment of records of decided cases - The records of all
the decided proceedings before the Court of Sessions and Judicial
Magistrate will be kept in the District Record' Room and records of all
decided proceedings before the Executive Magistrate will be kept in the
District Magistrate's Record Room.
215. Consignment of dormant file records - Records transferred
to the dormant file shall be consigned to the Record room with a separate
list in Form No. (E) 13-A. They shall be kept in separate bundles without
being mixed up with records of disposed of cases so as to trace them out
easily.
216. Period of consignment - The records of all decided cases
shall be forwarded to the District Record Room of the Sessions Judge
by-' officers at the headquarters in the course of second month and by
officers at out stations in the course of the fourth month succeeding the
month in which they were decided or disposal of, on the dates fixed by the
District Judge for the despatch of civil records.
217. Period of consignment - The records of all decided cases
shall be forwarded to the District Magistrate's Record Room by the
Executive Magistrates at the headquarters in course of the second month
and by the Executive Magistrate at out stations in the course of the fourth
month succeeding that in which they were decided.

218. Time of periodical consignment - The District Magistrate

shall fix the dates on which the records of each Court shall be
despatched to his Record Room endeavoring so to fix the date that too
many records shall not reach the Record Room at one and the same time.
219. Consignment of used up shorthand note books -Completely
used up shorthand note books shall be consigned to the Record Room
along with the consignment of records.
CHAPTER - V
Preservation and Destruction of Records and
Returns of Exhibits
220. List of records consigned - A list in Form No. (R) 13,

Volume II shall accompany all the records sent by Magistrates to the
Record Room and a list in Form No. (R) 14, Volume II shall accompany all
records in Sessions Cases, Criminal Appeals and Revisions sent to the
Record Room.
One list only shall be prepared for the records of all the four
classes into which the cases have been classified under Rule 223. The
records of cases mentioned in proviso in Rule 223 shall be entered in a
separate list.
221. Size and shape of the lists - These lists must be uniform in
size and shape and shall be bound up from time to time, so as to
constitute catalogues of the records sent to the Record room. They shall be
preserved for the same period as the record to which they relate.
222. Manner of preparation of the lists - The lists required by
Rule 220 shall contain an entry of every case disposed of during the period
to which they relate and be prepared in duplicate by means of Zanetic (Pen)
carbon paper. One copy of each list shall be forwarded with the records.
The duplicate copy shall be sent to the Registrar or the Judge-in-charge of
the Record Room under a separate cover and shall be returned to the
issuing Court duly signed by the Record Keeper who shall acknowledge
that the records have been received. These duplicate copies, shall on return,
be preserved by the issuing Court for 1[Three years] from the dates of
despatch of the original copies to the Record Room.
Note 1 - In every list entries shall be serially numbered Cadre should be
taken to correct the classification of records as shown in the lists when this
becomes necessary owing to the convictions being modified or set aside by higher
Court.
1. Substituted by C.S. No. 17-IX-23/80, dt. 9.6.1982.

Note 2 - A note shall be made against each entry in the list of records
mentioned in the proviso to Rule 223 if and when destruction is carried on.
223. Calculation of period of preservation of records - The
period from which the records shall be preserved, such period being
calculated from the date of the final judgment or order in each case, shall be
as follows -
Note - 11[The records of Sessions cases in which sentence of imprisonment
for life has been passed shall be preserved till the lapsed jail warrants and
received back in the concerned Courts].
2[Note - 2 The Records of Narcotic Drugs and Psycho tropic Substances
Act cases, in which the convict is sentenced to undergo imprisonment for 20 years
or more, shall be preserved till the lapsed jail warrants are received in the
concerned Courts"]
Class I - To be preserved for 14 years

(a) Files A and B of Sessions and 'Magistrates cases in which
the accused has been acquitted or convicted of offences
punishable under Sections 392 to 402, Indian Penal Code,
inclusive.
(b) Files A and B of proceedings under Sections 109 and 110,
(c) File A of Sessions cases other than those mentioned in (a)
above, resulting in the conviction of the accused.
(d) File A of non-bailable Magistrates' cases other than those
mentioned in (a) above resulting the conviction of the
accused.
(e) File A of appeals and applications for revisions against
judgment or orders passed by Magistrates in cases
(a), (b) and (d).
3.[ (f) The case records of Motor Accidents Cases shall preserved
permanently.]
Class II - To be preserved for five years
(a) File A of possession cases under Chapter - XI, Criminal
Procedure Code.
(b) File A of Security cases under Chapter - VIII, Criminal
Procedure Code, other than those mentioned in I (b) above.
(c) File A of appeals and applications for revision in respect
of the cases mentioned in (a) and (b) above.
(D) File A of appeals preferred under Section 6 (c) of the
Essential Commodities Act, 1955.
1. Inserted by C.S. N0.43-XLlX-D-31/85, dt. 23.1.1986.
2. Inserted by C.S.No. 70-XL-D- 16/95, Dt. 6.2.1996.
3. Inserted by C.S.No. 87, XLlX-D-7/98, dt. 27.1.1999.
Class III - To be preserved for two years

(a) Files A and B of other miscellaneous cases.
(b) Files A and B of Magistrates' bailable cases.
(c) File A including B papers of appeals and applications
for revision in respect of cases mentioned in (a) and
(b) above.
(d) File B of cases mentioned in Classes I and II, excepting
cases in (a) arid (b).
Class IV - To be preserved for one year
(a) Files A and B of cases in which Magistrates has declined to
issue process.
(b) Files A and B of cases in which a Magistrate has passed an
order of discharge under Sections 118 or 245 or 249,
(c) Files A and B of cases in which the accused has been acquitted,
excepting the cases referred to in Class I (a) above.
(d) Cases in which the accused has been executed under a
capital sentence, except in cases in which such sentence has
been passed under Section 396, Indian Penal Code, vide Class
I (a) above.
Proviso 1 - Provided that the following records shall be treated
as permanent:-
(i) The record of any case in which any of the accused or parties
proceeded against has not been apprehended.
(ii) File A or form of summary trial under Section 263, Criminal
Procedure Code, as the case may be, in cases in which the
accused has been convicted of an offence, a repetition of which
renders the offender liable to enhanced punishment.
(iii) Records of any case in which an order for maintenance has been
made under Section 125, Criminal Procedure Code.
Note - The records mentioned, in Clauses (i), (ii) and (iii) of this
proviso may however be destroyed when all the persons on whose account
they have been preserved are known to be dead.
And the case of the records mentioned in Clauses (i) and (ii) of this
proviso (except when offence is one punishable with death or imprisonment
for life) death shall be presumed when tire records have been preserved for 30
years, and the records may then be destroyed.
Proviso 2 - Provided that the record of no case in which the sentence
has not expired shall be destroyed.
Proviso 3 - Provided that record of any case in which an order of
attachment has been made under Section 146, Criminal Procedure Code:
shall not be liable to destruction so long as such order remains in force.

Note - A quinquennial revrsion should be made in respect of the

records mentioned in Proviso 1 of Rule 223 with a view to the destruction
of those that have become liable to destruction under the instructions contained in
note to it.
224. Preservation of records beyond the preservation period
Sessions Judges and Magistrates may, at their discretion, preserve
any particular paper on the· record of any particular case, beyond
the above period.
Return of Exhibits............
225. Return of exhibits - When an entry in a public Register, or in a
private account book or other bulky record, not being itself an entry in
respect of which an offence has been committed, or is alleged to have been
committed is produced in evidence, and made an exhibit in the case, and the
retention of such Register, account book or record would cause
inconvenience to the public, or the person producing the same, such
Register, book or record shall not be retained by the Court but shall be
returned to the person by whom it has been produced. Before returning the
Register, book or record the Court shall mark, for the purpose of
identification, such entry or entries as have been exhibited in evidence, and
shall cause a certified copy of the entry or entries to be filed with the record
of the case. The person to whom the Register, book or record is returned,
shall be bound to produce the same before the Court when required to do so,
and may be required to enter into a bond to that effect.
226. (a) Notice to return exhibits - On the judgment, or order, in any
case becoming final notice shall be given to the person by whom any
document admitted and used in evidence, was brought into Court, or to his
pleader, requiring him to take it into his pleader, requiring him to take it into
his keeping, within six months from the date of .the notice, failing which the
document will be destroyed, when the records to which it relates is
destroyed. The notice must distinctly warn the owner that the document will
be kept at his own risk, and that the Court declines all responsibility for its
safe custody.
Note - For form of notice, see Form No. (M) 22, Volume II.
(b) A copy of the notice shall be put in the Court in which the case
was tried.
227. Not to return impounded document - When returning
documents, care must be taken that any document which the Court has
impounded is not delivered out of the custody of the Court.
228. Destruction of records - The destruction of records in
accordance with these rules shall take place at the end of each quarter by
burning in the presence of the Record-Keeper, Sessions Judges and District
Magistrates will note in their Annual Reports whether these rules have been
duly observed.

Note - The above rules must be read in connection with provisions of Section
5 of the Destruction of Records (Act V of 1917).
CHAPTER - VI
Custody and Examination of and Requisitions for
Transmission of Records from one Court to another
229. Custody of disposed of records - The records of decided
cases shall be retained in the Record-rooms of the Courts to which
they appertain or of the superior Court of the district, and shall not
be allowed to pass, out of the custody of the officers of such Courts,
except when called for by superior judicial authority, or required
for the purposes of Order XIII, Rule 10 of the Code of Civil Procedure
by a Civil Court. His improper and inconvenient that records of
the Courts of Justice should be sent to other public officers or
functionaries. If a reference to their contents is required the proper
procedure is ordinarily to obtain copies of the requisite papers.
230. (a) Access to the Record-Rooms - The Record Rooms of
the Criminal Courts are not open to the public generally, but public
officers of the district, including Head Clerks, may, with the permission
of the Sessions Judge or District Magistrate, as the case may be,
be allowed to enter the Record Room, and in the presence of the
Record-Keeper or one of his Assistants deputed for the purpose
and under his control, to examine the record of any specified case,
provided that such entry is made in pursuance of a public purpose.
Pleaders and Mukhtars, duly authorised by any person in
that behalf, may, under similar conditions, and at a place to be
provided for the purpose in the Record-Keeper’s office, examine
any specified record; but in doing so, shall make only brief notes.
231. Time for Inspection of records - The examination of records
by Pleaders shall be allowed only on office days and during such
office hours as the Sessions Judge or District Magistrate may prescribe.
232. Calling for the records - When in the course of proceedings
in a Criminal Court, it becomes necessary to refer to the contents
of public documents deposited in other Courts, the ordinary procedure
is to require copies of them to be filed. It frequently happens, however,
that in the course of a criminal trial the production of an original
record becomes necessary. In such case, the Court where the record
deposited shall comply with the requisition of the Court requiring
it even though the reason given for the production of the original
record may be considered insufficient.
Note - This course should also be followed when no reason if given in the
requisition. If the record required is that of an appeal pending before the Sessions
Judge or the Chief Judicial Magistrate, he should intimate the fact to the officer
making the requisition, and request him to return the record without delay.

233. Complying with requisitions of the Commission - When

the State Government appoints a Commission of Inquiry into
misconducting on part of a police officer in consequence of strictures
expressed by a Court, the original record of the decided cases in
question should be forwarded to the Commission on requisition.
How records should be transmitted from
one Court to another
234. Transmission of records - The following instructions should
be observed in transmitting records from one Court to another :
(a) If the two Courts are situated in the same station, the record
should be despatched by hand properly packed with a Peon
Book in which a serial number and date should be entered,
and the signature of recipient should be taken. The serial
number and date appearing in the Peon Books should be
reproduced in the remarks column of the Register of records
removed. If requisitioning Court is situated in a different
station, records should be sent by parcel post, the Postage
being paid by means of service stamps.
(b) Records relating to different cases may, if not inconvenient,
be packed in the same parcel, provided such records are
separately tied up.
(c) In the parcel containing a record should be enclosed a
forwarding letter and the cover of the parcel should bear the
distinguishing number and date of that letter.
(d) A letter of advice should be forwarded simultaneously with
the despatch of the parcel by post but separately and by
ordinary letter post and in it the number and date of the
following letter referred to in the preceding clause should be
quoted.
(e) An acknowledgement should invariably be required from the
Court to which a parcel containing a record has been sent,
and in the event of none being received
Note 1 - For forms of covering letter and of letter advising

despatch of records, see Forms Nos. (M) 23 and (M) 24, Volume II.
Note 2 - For cost of transmission of records to Civil Courts at the
instance of a party, see Rule 309, Part IV, post.
235. Report of lost or missing records - Whenever it is discovered that
a record or portion of a record or a document on the file of a record or
Register, etc. Is destroyed or missing, the loss or theft shall be
immediately reported to the Sessions Judge in whose division of office

the loss or theft has occurred, and he, in turn, shall report the fact to the High
Court and state the steps taken to try and recover the papers missing. The
Presiding Officer of the Court concerned should take personal charge
immediately of their remanents and proceed with the work of construction of
records.
PART III
CHAPTER -I
Information and Copies
PRELIMINARY
236. Judge-in-charge - At headquarters, the Registrar, Civil and

Sessions Courts and at the outlying stations, such officers as may be
appointed by the District and Sessions Judge co to be the Judge-in-charge of
the copying section will be responsible for the strict compliance of the rules
relating to the same.
237. Time for presenting applications - All applications for
information or copies shall be made in the prescribed Form Nos. (M) 3A and
(M) 3B during the first two hours of the Court’s sitting to the Register or the
Judge-in-charge of the copying section as the case may be :
Provided that an application either for copy or information may be
presented at any time during Court hours of expedition fee has been paid.
Note - An application for copies of running depositions may be filed at any
time during Court hours.
238. Procedure for prisoners to apply for copies - An application
by a prisoner may be made through the Superintendent of the Jail or through
a friend on the prisoner's behalf; in the latter case the
application shall be sent to the Superintendent of the Jail, to be attested by
the prisoner, and if it be so attested, shall thereafter be treated as the
prisoner's own application. The Superintendent of the Jail shall note on the
application whether the prisoner wishes the copy to be Sent to the jail or to
be delivered to the friend, if any, who applied for it.
239. Number of application - Only one application should be
made for copies of papers or for information required in respect of a single
cause or matter from a single record or Register and it should be limited to a
single question. In other words where copies are required of several
separate papers on a single cause or matter from the same record, only one
application need be made. Where several causes on a single matter or cause
have been tried together, separate applications are not required in respect of
each cause. A single application for a copy of all or any part of the record is
sufficient.

240. Records called for in connection with the original case or

appeal, revision or review will be treated as part of the record of such case.
Note - Questions regarding particulars of any document or record
necessary to be inserted in an application for copy for its proper identification
(e.g., date of document, date of disposal, number of the case, names of parties,
etc.) will be treated as a single question.
241. Where copies or information relating to papers or Registers
connected with different matters or cause are wanted as many applications as
the matters or causes to which they relate are necessary.
242. When an application for information or for a copy is filed and
search in once made, no amendment in the application shall be allowed unless a
further search or extra searching fee is paid.
243. Sale of Forms - The form of application for information and copy
[Form Nos. (M) 3A and (M) 3B] will be obtained from the Nazir or any other
employee in charge of saleable form at. 1[R. 85 per 100 copies or R. 1 per
sheet].
244. From Nos. (M) 3A and (M) 3B shall be indented from the
Government Press. The saleable forms shall be kept in the personal custody of
the employee in charge of such forms and shall be properly accounted for in the
Register in Form No. (A) 17 B.
245. Application to be rejected for want of searching fee - An
application will not be considered complete or preparation of copy will not
commence until the requisite searching fee is paid in full. If full payment is not
made within three days of notifying the same, the applications may be rejected
unless the Registrar or the Judge- in-charge of the copying section thinks fit to
grant extra time.
246. Copies required by public officers - No fee will be payable for
searching or for copying or for typing papers required by public officers for
public purposes. In these cases copies are to be made on plain paper.
Note 1 - Local bodies and Managers under the Court of Wards are not to be
treated as public officers for the purpose of this rule.
Note 2 - Remissions and reductions of Court-fees for grant of copies
ordered by the Government under Section 35 of the Court-fees Act, 1870 are
detailed in Rule 330 Post.
247. Procedure on presentation of application - Applications
shall be consecutively numbered and Registered as they are received in the
Register in Form No. (R)'28 and the date of receipt shall be noted or
stamped thereon; the receipt portion after being initiated shall be forthwith
made over to the applicant.
Note 1 - Application for free copies shall be entered in the Register
(R) 29.
1. Substituted by C.S.No. 84, IX-3/98, Dt. 18.11.1998.

Note 2 - Urgent applications will be entered in the Register in red ink. An

application for information will be entered under a sub-number to the last preceding
application for copy.
248. Reference to Clerk-in-charge of records - The application
after being Registered shall be sent to the Clerk-in-charge of the
record who .shall take necessary further action.
249. Manner of dealing referred applications by ministerial
officers - Each ministerial officer through whose hands the application
passes shall put his initial, the date and hour of receipt and passing on the
application by him on the back of the application. These entries should be
made one below the other and must be legibly written, the dates and hours
being shown against the entries beyond a vertical line on the left to be drawn
about three inches from the left hand side on the reserve of the application.
Each Clerk receiving an application shall at once comply with the
requisition on its back or pass it on to another who can do so.
Note - There should be no unnecessary delay in complying with the
requisitions of the copying section.
250. When application may be rejected - Applications in respect
of which the information for copy asked for cannot for any reason be given,
shall be rejected. Such applications are to be destroyed at the end of every
quarter.
If the application is merely defective in that search is necessary
in order to trace the record, a searching fee, except when it is an
application for free copy, shall be demanded and affixed to the application
for copy and the information shall be supplied on the application form
without any separate application in accordance with the rules.
This concession is to be liberally interpreted in favour of the
application for copy.
Note - When an application for copy is rejected on the ground that the
original has been destroyed, the fact should be noted on the back of the
application and the endorsement should be signed by the Judge-in-charge.
II. INFORMATION
251. Who can apply for information - Any person may apply for
information from the records and Registers of any Court.
252. Information applied for should be short answers - Information
requiring anything but short answers shall not be given. If any extract from
the record is desired the proper course is to apply for a copy.
253. How application for information is to be dealt with -
After an application for information has been Registered it shall be sent to
the ministerial officer in immediate charge of the record and it shall be the
duty of the latter to note the necessary information and to return the

the application to the Head Comparing Clerk with the least possible delay.
On the applicant's appearance and on his producing the receipt referred to in
Rule 247 above, the application shall be made over to him.
Information will be given in writing in the remarks column of the
application ordinarily on the next open day after its presentation. Urgent
applications. for information will, if possible, be complied with on, the
same day.
III. COPIES
254. Supply of copies - A party to criminal proceeding may
at any stage, before or after the disposal of the case, obtain copies
of the records of the case or proceeding including exhibits 1[except
printed or lithographed maps and plan] which have been put in
and finally accepted by the Court as evidence :
CASE LAW
Pleader can file an application for certified copy of the order under Rule 254
on behalf of the party if such power is given by the party to make such an application
on his behalf : Bighneswar Patra v. The Officer-in-charge,Copying Section,
Kendrapara Court and another: 2004 (I) OLR 631.
2[254-A. The District Judge while finding any of the copying
sections of his Judgship failing to cope up with the work load and facing
difficulty in making copy within the prescribed period, be may engage a
private Entreprenure to instal a photo copier machine within the Court
premises as a licensee in order to facilitate the parties in securing early
supply of certified copies of documents on his agreeing to abide by the
following terms and conditions:
(A) That he shall work under the control and supervision of the
Court ;
(b) That he will charge at the rate of 50 paise per sheet of photo
copy taken out by his machine;
(c) That he will bear the cost of the photo-copy papers used for
drawal of copy ;
(d) That he will always keep his photo copier machine in order
during working hours on all working days of the Court ;
.3[(e) Copiers as licensees in the premises of various Courts may
take up private work otherwise than entrusted with them by the
1. Inserted by C.S.No. 74- IX-12/93, Dt. 30.8.1996.

2. Added by C.S.No. 44-XLlXD-29/86, Dt.12.12.1986.
3. Substituted by C.S.No. 86, IX-14/96, Dt. 23.1.1999.
Courts whenever there is no work of the Courts entrusted to

them. The time in this regard will be fixed by the District
Iudges.]
(f) That he willprepare photo copy of documents entrusted
with him on the very day of entrustment under the
direct supervision of an assistant of the Copying
Department defailed for the purpose and no sooner the
copies are made out, hand over the original documents as
also all of the copies taken out of the same to the said
Assistant;
(g) That he shall not lift copy of the seal or signature of
any of the Hon'ble Judge of the Court or Presiding
Officers of the Subordinate Courts while taking out
the copies of the documents;
(h) That he will not destroy tamper with or mutilate in any
manner any of the original documents entrusted with him
for being copied out and shall make himself personally
responsible for safe custody of the entrusted documents;
(i) That he will remove his machine from the Court premises
immediately as and when directed to do so;
AND
(j) That he will furnish personal security and also cash security
of R.,OOO (which is liable to forfeiture on
violation of the terms and conditions) for abiding by the
aforesaid terms.
2. Grant of certified copy of xerox process shall not be allowed
of judgments and orders which are in the manuscript form or upon
which the Judge/Presiding Officer concerned has indicated for not
issuing certified .copy by appending a mark such as 'n-x', upon the
document concerned, unless permission of the Judge/Presiding Officer
concerned is taken in that behalf.
3. An applicant requiring to have copy of any document drawn
by means of photo copier machine shall so indicate by putting the
words "Xerox copy" on the top of the copy application form.
4. Where the facility of taking out copy by means of a photo copier
machine is available and drawal of copy by means of such a machine is
permissible, the applicant intending to avail of the benefit may, in lieu of
supplying the required impressed stamp papers, supply, for being affixed to the
copy, adhesive stamps of the value thereof in addition to depositing with the
Assistant concerned of the Copying Department, the value of the photo copy
papers required to be used for drawal of the copy at the rate of R. 0.50 paise per
sheet.
5. The Assistant concerned on receiving applications for supply

photo copy shall, after evaluation, .collect from the applicant photo-copy-
paper charges at the rate of Rs. 0.50 paise per sheet of paper in
the manner indicated in Sub-rule (4) and indicate the amount collected
by him for the purpose, separately on the counter foil of the application
where he is required to state the date and hour when the copy is to
be made ready for delivery while acknowledging receipt.
1[5.(a)(i) The installation of photo copier machine, in the Court
premises shall be made after consultation with the High Court.
(ii) Register, Civil Court/ other officer appointed by the concerned
District Judge will remain in-charge of the Xerox machine.
(iii) All the documents for which certified copies are required be
given by the Xerox process subject to order of the competent a u t h o r i t y.
Rules granting for certified copies will be applicable as per the existing
provisions in the C.R. & C.O. The persons desirous to .get the certified
copies by Xerox process are to give the proper charge-sheet as would
have been fixed by the District Judge and required adhesive stamp. The
District Judge should fix the maintenance charge to be paid on each ,of
the copy application considering the number of papers used.
(iv) No such fees are required where there is provision for supply
of free copies. The amount collected from the parties be deposited in the
local treasury to facilitate for withdrawal by the District Judge for
purchase of papers and other connected articles and payment of
maintenance charge to the company concerned.
(v) The party desirous of taking certified copies of civil matters by
Xerox process may apply to the District Judge after considering the urgency
of the matter and pendency of the application for urgent criminal matters
may allow to grant of certified copies by Xerox process.
(vi) No private work will be allowed to be done by the
departmental Photo copier machines.
(vii) After installation of departmental Photo copier machines in
their respective judgship may consider to take action against the private
entrepreneurs under Rule 254-A of the G.R. & C.O. (Criminal) Volume-I
for removal of the machine from the Court premises.]
6. The Assistant of the Copying Department in charge of receiving
application for supply of copies shall enter each applications made for
preparation of copy with the aid of a photo copier machine chronologically,
in a separate Register in the following pro forma no sooner all the requisites
are made available and thereafter, he shall take the original document
1. Inserted by C.S.No. 90, IX-5/99, dt. 12.7.1999.

shall take the original document along with the Register and amount
deposited in cash to the operator of the Photo copier machine and get the
photo copy drawn by the operator in his presence and under his
supervision. After drawal of the copy, he shall collect the original
document as also all the copies thereof drawn with the aid of the machine
from the said operator and making him over the charge for preparation of
the-copy. collect his signature in token on payment of the charges in
Column 8 of the Register, maintained in the following pro forma : (See
Page No.l02)
7. After the photo copies of the documents are received in the
Copying Department immediate steps shall be taken for certifying the
copies after erasing the signature and seal of Hon’ble Judges of the High
Court of Orissa, or of the Presiding Officers of the Subordinate Courts if
available upon the photo copies.
8. The Assistant as also the Head Comparing Clerk of the Copying
Department shall draw daily total of the collections and disbursements
indicated in the Register maintained under Sub-rule (6) and sign against
the same in token of correctness of the entries. The Judge-in-charge,
Copying Department shall inspect the Register maintained under Sub-
rule (6) once in a week.]
255. Supply of copies of judgment, etc., to a stranger - A stranger to
criminal proceeding may, after final disposal of the proceeding, obtain
copies of judgment or orders at any time.
256. Restriction to the supply of copies of private documents
to a stranger - A stranger to a proceeding has no right to obtain
copies of private documents except with the consent of the person
by whom they were produced or is successor-in-interest. He may
obtain copies of other documents in which he has an interest including
depositions for bona fide use in the Courts.
1[Note - Copies of police papers and other relevant documents relating
to any accident should be supplied to the claimants instituting cases under
Section 11 O-A of the Motor Vehicles Act.]
2[256-A. Certified copies of the documents collected by the
investigating agency which have linked with the Motor Vehicles
Accident cases shall be granted to the Insurance Company after
following usual procedure for obtaining such copies, in case of
pending proceedings, as, if a case is disposed of, even a third party
can apply for certified copy of document :
Provided that if the case is disposed of in Lok Adalat a copy
of such order be given to Insurance Company in free of cost.]
1. Added by C.S.No. 53-XI-6/87, dt.1 0.3.1988.

2. Inserted by C.S.No. 81 (XLlX-D-26/97, Dt. 8.6.1998).
257. Copies of private documents when to be withheld - Copies

of public documents which applicants may have a right to inspect are not to
be withheld from them even though they may be used as evidence against
Government; but discussions or opinions of public officers written
previously to a decision, as they can be no legal evidence and no one has a
right to inspect them, are not to be given.
258. A copy of a copy should not be granted unless good grounds
are shown for not applying to the office where the original is kept.
259. Restriction to the supply of copy from a record called
from another Court or office - Copies of papers from a record called for
from another Court or office not being subordinate to the Court or office to
which the copy section is attached shall not’ be given, unless an application
for copy is made through the Court or office which sent the record or paper
and such Court or office forwards the application for compliance.
260. Supply of copy of any paper in a pending case - Every
application for copies of papers in a pending case shall be laid before the
Court with whom the case is pending for such orders as in the discretion of
the. Court may be made.
261. Copies of printed maps not to be supplied by the copying
Section - Copies of printed or lithographed maps and plans will not be
supplied by the copying Section. Applications should be made to the office
where the original maps are deposited or to the office where they are
available for sale.
262. Specification as to the purpose for which copy wanted -
Every application for copy shall state whether or not the person applying is
a party to the case from the record of which copy is wanted. If the applicant
is not a party or: his pleader, the application shall state the Object for which
a copy is required.
263. Doubt as to propriety of giving copy - Where there shall
arise any doubt as to the propriety of giving copy, the Clerk-in-charge of the
record shall take orders of the Judge-in-charge of the Court concerned in
this regard before the document is made over to the Copyist or Typist for
preparation of copies.
264. Application fee for copy - 1[Each application for copy is
required by Article (a) of Schedule II of the Court-fees Act, 1870 as
amended by the Orissa Court-fees (Surcharge Amendmen.) Act, 1947,
Orissa Court-fees (Surcharge Amendment) Act, 1951, Orissa Court-fees
(Surcharge Amendment) Act, 1958 (Acts 16 and 17 of 1958) and the Court-
fees (Orissa Amendment) Act, 1974 to bear Court-fees Stamps worth fifty-
five paise to the affixed to the application In the form of adhesive Court-fee
Stamps.]
1. Substituted by C.S. No. 8-1XS-87/81, dt. 9. 2. 1982

REGISTER FOR XEROX COPY
S1. Name of Date of Nature of Number Charges Amount Signature Signature of Remarks
No applicant application document of pages for paid to the of the the Assistant
of which of which preparation operator operator acknowledging
copy is Xerox of the of the of Xerox the receipt of
applied for copies to Xerox photo machine in original
and be copy copier token of documents
number of prepared collected machine receipt of and the
the case from the towards the xeroxed
and year in applicant preparation amount copy
which filed of photo mentioned
copy in CoI. 6
1 2 3 4 5 6 7 8 9 10

265. Duty of Head Comparing Clerk - After an application for copy has
1
been Registered, the Head Typist or the Head Comparing Clerk shall forward
the application to the proper officer who shall at once enter it in a Register to be
kept in Form No.(R) 30, bring out the document to be copied and keep it in
readiness for the estimating of the folios and Court-fee stamps required for the
copy. The Head Typist or the Head Comparing Clerk shall depute a Comparing
Clerk to make the estimate by reference to the original document. The
Comparing Clerk shall enter the amount of Court-fee stamps and the number of
folios required in the space provided for the purposes in the application, sign
and date the entries, make the necessary entry in Column 5 of Register No. (R)
30 and return the completed application to the Head Typist or the Head
Comparing Clerk. The number of folios required should be carefully calculated
so that it may not be necessary to obtain additional folios from the applicant,. a
contingency which ordinarily under a proper system ought never to arise.
Note 1 - The expression “Head· Comparing Clerk” in the rules In this
CHAPTER - includes a Comparing Clerk to whom the functions of the Head
Comparing Clerk have been delegated by the Sessions Judge for the purpose
of these rules.
Note 2 - In outlaying stations where there is only one Comparing Clerk
the estimating of the folios and Court-fee stamps may, if the Judge-in-charge
so directs, be made by the officer to whom the application is forwarded.
2
266. Notifying folios and stamps - The Head Typist or the Head
Comparing Clerk shall notify the number of folios and Court-fee stamps
required for the copy in the case of each application on the same day, or, at the
latest, on the day following, unless they have already been filed by means of an
entry in the prescribed Register [Form No. (R) 32]. This Register shall be kept
at a convenient place prescribed by the Sessions Judge for public inspection
during such hours as the Judge-in-charge may direct. When the folios or stamps
are deficient, the deficit shall be notified in the same manner. Rejected
applications shall also be shown in this Register.
267. Time for filing folios and stamps - The requisite folios and
3
stamps shall be filed before the Head Typist or the Head Comparing Clerk
within three days of the giving of the notice prescribed in Rule 271. If
this is not done the application may be rejected. If the application has been
rejected, a note to that effect shall be made against the entry of the
application in the Register No (R) 32. The Comparing Clerk while going
round the offices to make estimates shall take with him the rejected
applications and shown them to the Judge- in-charge who shall sign the
a p p l i c a t i o n s o n t h e r e v e r s e a n d a f t e r
restoring the documents to the proper places make the appropriate entries in
Column 7, 8 and 9 of Register No.(R) 30.
1. Substituted by C.S. No. (IV-21/1992,dt. 18.1.2014)
268. Procedure for supply of Court-fees folios by the applicants
_ The applicants should file along with the f olics a list showing the number
and date of the application, the name of the apphcant
and the number of folios filed. Court-fee stamps tor either copying
fees or for value of forms or tracing cloth should be noted. Before
they are made over to the copyist, the lists and papers should
be stitched to the respective original applications, should be compared
with the reports of the Copyists on the back of the applications
and should be initiated by the Judge-in-charge as a token of the
fact that the correct number of folios, plain paper and Court-fees
of required value, as reported by the Copyists, have been filed.
269. Additional folios - If.the folios supplied by the applicant
fall short of the actual requirement, additional folios should be
called for. The additional folios should be filed during the prescribed
hours with a list in the same manner as ordinary folios are filed,
and before they are distributed to the Copyists concerned. The
list stitched with the original application, should be. compared
with the report of the Copyist and initiated by the Judge-in-charge.
The ministerial officer attending the Court Officer Room oi the
Judge-in-charge will enter them in the prescribed Register. A receipt
for them should be given on the counterfoil as prescribed by the rules.
270. Distribution of completed applications among Copyists
or Typists - After the requirements of Rules 1[266, 267 and 268] are
complied with and the applications satisfy all conditions for copying, the
*Head Typist or the Head Comparing Clerk 2[in out-lying stations and
Head Typist in the District Headquarters Stations] will distribute the
completed applications for copying among the Copyists and Typists
indicating the date by which copy should be made ready. 1[The Head
Typist or the Head Comparing Clerks in the Out-lying Stations and the
Head Typists or the Head Comparing Clerk in the Head quarters Stations]
will maintain a Register in Form No. (R) 33 inwhich he should enter the
distribution of applications aforesaid. Each\type folios shall contain 180
words in English or partly in English and partly in vernacular or 240 words
in vernacular, four figures counting as one word.
271. Copying of document written in language or character not
known to the Copyist/Typists - When an application is made for the
copy of any document in a language or character which the
Copyists/Typists are not acquainted, the Judge-in-charge shall arrange,
if possible, for a copy to be made thereof and compared with the original
by such persons acquainted with the aforesaid language or character as
1. Substituted by C.S.No. 79, IX-3/96, dt. 28.5.1998.
2. Added ibid.
* Substituted by IV-21/92,dt.18.1.2014
Are forthcoming and may in his opinion be relied upon for the purpose.
272. Comparing - When a copy required in respect of an application
is completed, it will be made over by the Copyist/Typist concerned
together with all unused folios and the original documents to the *Head
Typist or the Head Comparing Clerk. The prepared copy shall, at the end
bear the initial of the Copyist/Typist and the date of copying/typing. The
*Head Typist or the Head Comparing Clerk will distribute the prepared
copies among the comparers for comparing by the time and date fixed by
the former. The prepared copies together with the documents, unused
folios, etc. should be returned by the comparers concerned, after
comparing to the *Head Typist or the Head Comparing Clerk. Every page of
the compared copy will be initiated by the comparers in token of
comparison. All cuttings and corrections made during comparision will
initiated by the comparers. On the completion of comparision the
comparers will put with signature and the date at the footof the last page
of the copy. On no account any alterations or erasure are to be made in
any copy. A mistake must be scored through, initialled and the correct
entry made above it. All movements of prepared copies to and from the
comparers should be noted in a Register in Form No. (R) 34 to be
maintained by the *Head Typist or the Head Comparing Clerk.
273. Preparation of ordinary copies should not suffer on
account of urgent copies - Care should be taken to ensure that application
for copies for which expedition fees have not been paid do not materially
suffer on account of grant of urgent copies.
274. Delivery of copies - All copies ready for delivery shall be
entered day by day between 2 and 3 P.M. or in the case of morning sitting
between 9 and 10 - A.M. in a Register in Form No. (R) 35 which shall be
placed outside for public inspection. The copies shall be made over in
open Court in the presence of the Judge-in-charge, the appropriate entries
in the Register being at the same time struck out and initiated by the
officer in whose presence the copy is delivered.
Note - Loose forms of the above Register may also be used for the
purpose and posted up on the Notice-board.
275. Return of receipt by applicant - When the copy is delivered
to the applicant, his receipt therefor with the date will be taken on the
counter-foil which should at the same time be given up. Unused folios and
stamps returned with the copy should be noted by the applicant in the
receipt taken as above from him. To counterfoil will be kept attached to
the application. If the counterfoil is missing or lost, the Judge-in-charge
after satisfying himself about the identity of the applicant, may take his
receipt on the application and deliver the copy.
1. Substituted by C.S.No. 107, of dt. 18.1.2014.
276. Undelivered copies and unused folios how to be dealt with -

Should the applicant, in any case, fail to appear to claim either the copy or
the unused folios both must of necessity be retained temporarily but on the
last day of each month all unclaimed copies ready for delivery before the
close of the preceding month together with all unused folios attached
thereto and copies, if any, which remained in complete on account of the
failure of the applicant to furnish the extra folios required within the
prescribed period shall be destroyed in the presence of the Judge-in-charge
of the Copying Department.
277. Return of unused folios and stamps - In any case in which
copy cannot be granted the folios and stamps supplied by the applicant for
the copy should be returned to him when he is so informed. This should be
done also where the application is withdrawn and the folios and stamps
have not been used. Such stamps would not include searching fee and
expedition fee affixed to the application.
278. Safe custody of undistributed, incomplete copies - At the end
of the working day all undistributed work and all incomplete copies with
the originals, shall be locked up in an almirah/ chest, the key of which will
be kept by the Head Comparing Clerk. Separate compartment in the
almirah/ chest or separate boxes to be kept in the almirah or chest as the case
may be, shall be allotted to each Copyist/Typist/Comparer in which to
place the papers.
279. Responsibility of the Head Comparing Clerk and comparer -
in-charge relating to copying - The Head Comparing Clerk shall be
responsible to ensure that the copy prepared is a correct copy
and has been prepared strictly according to the rules prescribed for the
purpose. If he finds that a copy has not been written or typed legibly and with
proper ink or has not been compared properly or has not been prepared
strictly according to the requirements in the prescribed rules, he shall bring it
to the notice of the Judge-in-charge who may require the Copyists z Typists
/Comparers to prepare. fresh copies at their cost. In case it is noticed that a
folio contains more words than the prescribed limit, (under Rule 275)
additional copying charges in shape of Court-fee stamps should be realised
from the applicant before making over the copy to him.
280. Disposed of copy applications - 1[(1) Applications for
information and copies which have been disposed of shall be recorded
in the copying section and filed in a separate bundle for each month. At the
dose of each quarter they will be examined by the Chief Ministerial Officer,
who will bring to notice any irregularity or unpunctuality that may bE
apparent in the section. The Judge-in-charge after satisfying himself as to
the working of the office by an inspection of the forms recorded will then
direct their destruction.]
1. Renumbered by C.S.No. 37 -XLlXD-48/83, dt.16.6.1984.

1{(2) All endeavors should be made to deliver copies of briefs

prepared for use of public officers and free copies of documents, judgments
and orders prepared for supply to public officers. If not claimed by and
delivered to the persons concerned for whose use or at whose instance those are
prepared, they should be destroyed after a period of six months from the date on
which they are made ready, in presence of the Judge-in-charge of the Copying
Departments.]
281. Transmission charge-in application for copy for records of
outlying Court deposited in record room - An application for copy of a
document from the records of the outlying Courts deposited in the District
Record Room may be made by the applicant to such outlying Court with a
transmission fee of 2[Re.10.00] in the shape of Court-fee stamp affixed
thereon. The outlying Court may thereafter send the application to the District
Record Room for necessary compliance and return.
282. Proper custody of documents - The Sessions Judge should make
special arrangements for the proper custody of the documents removed from
themselves for compliance with applications for copies until the document is
sent to the Copying Department to be copied or until intimation is received of
the rejection of the application.
283. Copy of English documents -Copies of English documents
shall as far as possible be typewritten.
284. Examination of copies - All copies must be examined before
issue by a responsible officer.
285. Certificate to be appended to the copy - A copy must be “certified
to be a true copy” must bear the seal of the Court and must be signed, if not by
the Judge-in-charge, then by the officer hereinafter named :
At the headquarters of a district - By such officer as may be
appointed by the Registrar, Civil and Sessions Court with the approval of the
Sessions Judge.
At outstations - By the Chief Ministerial Officer of the office of the
Judge-in-charge.
In every case the certifying officer will append to his signature the words
“Authorised under Session 76, Act 1 of 1872” The words :
“Certified to be a true copy”.
“Authorised under Section 76, Act 1 of 1972, may be impressed by
means of a stamp.
Note 1 - The above certificate shall not be given on a blank sheet. If the last
has been fully taken up by the copy, the certificate may be given on its reverse.
1. Inserted by C.S.No. 37-XLlXD-48/83, dt. 16.6.1984.

2. Substituted by C.S. No. 94-IX-4/2006, dt. 10.9.2009.
Note 2 - In each sheet of the certified copy, the certifying officer shall
sign an endorsement "True Copy".
286. In case of copies filed, exhibited, or recorded in any Court, the
Court-fee chargeable under the Court-fees Act should be levied by of
fixing the necessary stamps to the first folio of the copy.
287. Particulars to be noted on the copy - The following
particulars must invariably be recorded on the last sheet of the copy:
(a) Date of application for copy.
(b) Date fixed for notifying the requisite number of folios and stamps.
(c) Date of delivery of the requisite folios and stamps.
(d) Date on which the copy was ready for delivery.
(e) Date of making over the copy to the applicant.
In the case of a copy of judgment, or order, the date excepting the date
of making over copy to the applicant shall also be expressed in words.
Note 1 - Each date on which extra folios are to be notified and each date
on which they are delivered shall also be recorded.
Note 2 - In case of free copies only the particular noted in (a), (D) and
(e)above should be given.
288. Particulars as to cost - On the back of the last sheet of the
copy shall be recorded the costs paid by the parties applying for copies in
the form given below:
Application for copy .... Rs. P.
Searching fee ....
Extra fee for urgency ....
Folios, if any ....
Other items, if any .... ---------------------
Total .... ---------------------
The entries shall be made by the examiner of the copy. A rubber stamp
may be used for the form of these particulars.
289. Full particulars of the names and address of all the parties
to a case must be invariably stated in the certified copies of judgments
an d orders.
290. Incomplete copy to be made ready on fresh application with extra
stamps, folios - In any case in which the application is rejected on account of
the failure of the applicant to furnish the extra stamps and folios within the
prescribed period, the applicant may present a fresh application together with
the extra stamps and folios, whereupon the incomplete copy shall be made
ready for delivery. Where the application relates to a number of documents
from one record and from one record and copies of some of the

Documents are complete, the applicant may at his choice take delivery of
these documents after filing a memo to that effect.
291. Time for granting ordinary copies - In ordinary circumstances
a copy shall be furnished not later than 4 P.M. or 10 A.M. as the case may be on
the fifth open day after the application.
292. Time for granting urgent copies - Urgent copies should be
furnished on the day of the application and where this is not possible on day.
following :-
Note - No application is complete stamps until the necessary and folios have
been filed. When these are not filed, with the period referred to in this rule it will be
reckoned from the date of their being filed.
293. Copy of running deposition - Every application for copies of
depositions in a case which is being .heard shall be laid before the Presiding
Officers for such orders as he in his discretion may make. If such Officer so
directs so much of the deposition shall each day be given to the *Head Typist
or the Head Comparing Clerk as there is a reasonable hope or being copied in
the course of the day. The *Head Typist or the Head Comparing Clerk shall
return the deposition to the Bench Clerk at the close of the day.
Subject always to (a) the precedence which must invariably be given to
applications on which an expedition fee has been paid and (b) delay occurring
as a consequence in respect of ordinary applications of an earlier date, such
copies will ordinarily be issued on the same day or the following day .
294. Copy during summer vacation - Application for copies both
urgent and ordinary, should be entertained and complied with during the
period of Summer Vacation. For this purpose, the Judge-in-charge of the
copying section should make necessary arrangements to retain necessary
staff during the Vacation.
1[295. Daily outturn - Daily outturn for Typists and Copyists
working both on Civil and Criminal sides should at least be 2(50) folios in
type and 2[30] folios in handscript respectively. For Typists and Copyists
engaged in preparation of briefs and copies of case diaries the daily outturn
should be at least 3[35] pages of typed material and 3[20] pages manuscript
respectively, each page containing 180 words. When the whole-time of a
Typist or Copyist is not covered according to the above standard outturn he
may he employed in other office work.]
1. Substituted by C.S.No.14-XLlXO-7/81. dt.9.6.1982.

2. Substituted by C:S.No.82-IX-2/98. dt. 7.10.1998.
3. Substituted by C.S.No.S9-IX-6/89. Dt.11.2.1992.
4. Substituted by C.S.No.109 of Dt.18.1.2014.

PART IV
FEES AND COSTS
CHAPTER - I
Process and other fees
PRELIMINARY
Concerned Court to decide whether process fee is chargeable -
Rules framed by the High Court of Judicature, Orissa under Clause (ii) of
Section 20 of the Court-fees Act, chargeable for the service and
execution of processes issued by the Criminal Courts.
Note 1 - These rules do not apply to the service and execution of
processes in the case of cognizable offences and no fee can legally be charged for
the issues of process in the case of a cognizable offence, whether the case be
instituted on complaint or not.
The question whether fees are chargeable in any particular case should
be determined by the Court with reference to the Section of the -Indian Penal
Code or other law relating to the offence in respect of which it directs process
to issue, whatever the Section of the Indian Penal Code or other law may be
quoted in the complaint.
Note 2 - Under Clause XVIII of Section 19 of the Court-fees Act, VII of
1870, no Court-fee is liveable on a complaint preferred by Municipal Officer.
Court-fee should, however, be levied for processes issued in non-cognizable
cases instituted by such officers.
296. Rates of process fee - The fee hereinafter mentioned shall be
changeable for serving and executing the processes to which the fees are
respectively attached ; viz.-
R. P.
1. Warrant of arrest - For the warrant in 3.00

respect of each person named therein.
2. Summons - For the summons in respect 1.50
of the person, or of the first two persons
residing in the same place.
In respect of every additional person 0.75
named therein
3. Proclamations for absconding party under 4.50
Section 82 of the Criminal Procedure Code.
4. Proclamation for witness not attending 1.50
(Section 12)-For the proclamation.
5. Warrant of attachment-For the warrant. 3.00
When it is necessary to place officers-
in-charge of property attached for each
officer so employed, per diem 0.75
(6) Written order -

For the order 3.00
(7) Injunction -
For Injunction 3.00
Note - The provision of Section 359, Cr.P.C. and of Rules 299 and 301
below, apply also to injunctions. Criminal Officers are, however, reminded that
injunctions in proceedings not connected with offences are not chargeable with
any fee. An injunction under Section 143, Criminal Procedure Code would, for
example, be chargeable with the above fee; whereas an injunction under
Section 144 or 145 of the Code would not carry any fee.
(8) Notic -
For the notic 3.00
297. Additional process fee - (1) In such part of the district, where
the destination cannot be reached by a process server during the rainy
season without hiring a boat or without payment of ferry toll, the area and
duration of the year should be declared by the Sessions Judge for the
purpose of levy of additional fees towards boat hire and ferry toll which
shall be realised from the party in the shape of Court-fee stamps in addition
to ordinary fee chargeable for the service of process as follows :
(i) Boat hire charge per day per boat ...... Rs. 2.25
(ii) Ferry toll charge ...... Rs. 0.18
(2) The boat hire and ferry toll charge shall be paid by the Court
executing process from its special permanent advance to the process server
entrusted with the service of process.
298. Costs of process fee to be realised from the accused when
convicted - No fee shall be chargeable in advance on any process of a
Criminal Court in any case where the prosecution is on the part of
Government, but it shall be competent to any Court in such case, if the
accused is convicted, to order that such fee shall be paid up by the accused, or
any of them, in like manner as if such fees had been paid by the prosecutor in
the first instance.
299. Application for issue of process to be duly stamped - No
process which comes within the operation of Rule 296 shall be drawn up for
service or execution except upon an application made to the Court for that
purpose in writing on a document bearing upon its face stamps not less in
amount than the fee which is directed to be charged for serving and executing
the process so sought to be drawn up. This application may however, at the
option of the party making it, be included in the petition by which he moved
the Court to order the process to issue, but in that case the petition must bear
the requisite stamps for the process fee, in addition to
such stamps, if any, as are needed for its own validity ; and in

either case the filing of the application, thus duly stamped. Shall constitute
payment of the fee chargeable for the process.
300. No process fee chargeable for realisation of costs and
compensation - Cost awarded under Section 359, Criminal Procedure
Code and compensation awarded under Section 250 and 255(1) and (2) of
the Code of Criminal Procedure shall be realised by Courts of . their own
motion, and without payment or recovery of process fee.
301. When witness to pay costs of proclamation - When a
proclamation has been issued for an absent witness, if the Court shall be of
opinion that such witness had absconded or concealed himself for the
purpose of avoiding the service of warrant upon him, such Court may order
the witness to pay the cost of proclamation.
302. No fees for process issued by the Court of its own motion - No
fee shall be chargeable for service and executing any process, such as a notice
rule, summons or warrant of arrest, which may be issued by any Court of its
own motion solely for the purpose of taking cognizance of, and punishing any
act done or words spoken in contempt of its authority.
REDUCTION AND REMISSION OF COURT - FEES
Extracts from orders of the Government of Orissa under
Section 35 of the Court-fees Act
303. In exercise of the powers conferred by Section 35 the Court-fees
Act, 1870 (VII of 1870) as amended by the Orissa Court-fee (Amendment)
Act, 1939 (Orissa Act V of 1939), and in supersession of all previous
notifications on the subject, heretofore in force in any part of the Province,
the Governor of Orissa is pleased to make in the Province of Orissa the
reduction and remission hereinbefore set forth in fees liveable under
Schedules I and II to the said Act, Namely:-
X X X X X X
(4) to remit the fees chargeable on-

(a) Copies of village settlement records furnished to land
holders and cultivators during the currency or at the
termination of settlement operations;
(b) Lists of fields extracted from village settlement records
for the purpose of being filed with petitions of complaint
in Settlement Courts:
Provided that nothing in this clause 'shall apply to copies of judicial
proceedings, or to copies of village settlement records (other than lists of
fields) extracted as aforesaid which may be filed in any Court or office ;

X X X X X X
(6) to remit the fees chargeable on security bonds for the keeping
peace by, or good behaviour or persons other than the executants ;
(7) to remit the fees chargeable under Articles 6, 7 and 9 of
Schedule I on copies furnished by Civil or Criminal Courts or Revenue
Courts or offices for the private use of persons applying for them :
Provided that nothing in this clause shall apply to copies when
filed, exhibited or recorded in any Court of Judicial or received by any
public officer.
(8) to remit the fees chargeable under paragraph 4 of Clause
(a) and paragraph 2 of Clause (b) of Article I of Schedule II on
applications for orders for the payments of deposits in cases in which the
deposit does not exceed Rs. 25 in amount:
Provided that the application is made within three months of the
date on which the deposit first became payable to the party making
the application;
X X X X X X
(12) to remit the fees chargeable on the following documents,
namely :-
X X X X X X
(c) Copy or translation of judgment in a case other than a summons
case when the copy of translation is given under Section 363 of the
Criminal Procedure Code to an accused person
(d) Copy or translation of the judgment in a summons case when
the accused person to whom the copy or translation is given under Section
363 of the said Code is in jail.
(e) Copy of an order of maintenance when the copy is given
under Section 490 of the said Code to the person in whose favor the
order is made, or to the person to whom the allowance is to be paid.
(f) Copy furnished to any person affected by a judgment or order
passed by a Criminal Court, deposition or other part of the record when
the copy is not a copy which may be granted under any of the preceding
sub-clauses without the payment of a fee, but is a copy which on its being
applied for under Section 363 of the said Code, the Judge or Magistrate
for some special reason to be recorded by him on the copy, thinks fit to
furnish without any such payment.
(g) Copies of all documents furnished under the orders of any Court
or Magistrate to any Government Advocate or Pleader or other person
specially empowered in that behalf for the purpose of conducting any
trial or investigation on the part of the Government before any Criminal
Court.
(h) Copies of all document, which any such Advocate, Pleader

or other person is required to take in connection with any such trial or
investigation, for the use of any Court or Magistrate or is considered
necessary for the purpose of advising the Government in connection with
any Criminal Proceedings.
(I) Copies of Judgment or deposition required by officers of the

Police Department in the course of their duties.
X X X X X X
(14) to remit the fees chargeable on an application presented by any

person for the return of a document filed by him in any Court or public
office ;
(17) to direct that no Court-fee shall be charged on an application
for the repayment of a fine or any portion of a fine the refund of which
has been ordered by competent authority.
(18) to remit the fee chargeable on applications for copies of

documents detailed in Clauses (4) and (12) supra;
X X X X X X
(31) to remit the fees chargeable on copies of documents furnished

by a Criminal Court to a Pleader of the Court to defend a pauper accused
in a Sessions Case.
X X X X X X
(34) to remit the fees chargeable on copies of judgments or relevant

extracts thereof furnished to the Registrar of the Council of Medical
Registration, Orissa, by Courts exercising criminal jurisdiction in cases in
which a Registered medical practitioner is convicted of a non-bailable
offence or in which the Court pronouncing the judgment considers that
the professional conduct of a Registered medical practitioner has been
such that it is desirable to bring it to the notice of the Council.
304. Searching and copying fees shall be charged according

to the scale shown in the table below except in the cases w here the
law requires copies to be given free of cost ;-

Nature of fee Cash in which Amount How to be

or charge to be paid paid
(1) (2) (3) (3)
Rs. P.
1. Searching fee. On all applications
(1) For Information 0.50 By a Court-fee
whether the record stamp to be
is deposited in the affixed to the
Record Room or not. application.
Note- This is the only

fee to be paid on such
a p p l i c a t i o n
(2) For inspection 0.50 By a Court-fee

where the record is stamp to be
deposited in the affixed to the
Record Room. application.
Note- No searching
fee to be charged
to Pleaders for look-
ing at the record
of pending cases.
(3) For copy (In 0.50 By a Court-fee

addition to the stamp to be
prescribed fee of affixed to the
1 [fi fty-five paise] application.
under the Court
Fees Act) where the
record is deposited
in the Record Room.
Note - (1) One

searching fee shall
be charged for any
number of copies
taken from the
same record and
included in the
same application.
1. Substituted by C.S.No.9-IX-8/81. Dt.9.2.1982


(1) (2) (3) (4)
Rs. P.
Note-(2) Records
called for in
connection with
original case or
appeal will be
treated as a part of
the record of such
case or appeal.
2. Copying (a)Typed copies- For every 180 By means of a

charges. (b)Manuscript words English or folio of 75 paise
copies. any fraction to be provided
thereof in case of by the applicant
typed copies or for copy.
180 words partly Note- If a folio
English or partly of 75 paise value
in an Indian contains more
language or 240 than 180 words
words in an English in case of
Indian language typed copies or
or any fraction 180 words partly
thereof in case English and
of manuscript partly in any
copies, four Indian language
figures or less or 240 words in
e a c h a n I n d i a n
abbreviation language in case
orificial counting of manuscript
one word. copies a copying
charge of 75 paise
shall be paid in
the shape of
adhesive Court.


(1) (2) (3) (4)
Rs. P.
fee stamps to be
affixed across the
perfora ted line
on the top of the
impressed stamp
of the folio.
(c) Expedition Fee on

urgentapplication. By means of
Court fee stamp
(i) For inspectron or 1.50 to be affixed to
information. the application.
(ii) For copies-
(1) Not exceeding 3.00 By means of

720 words English or Court-fee stamp
960 words in any to be affixed to
Indian language. the application.
(2) Exceeding 720 0.75 for every By means of
words English or 960 180 words Court-fee stamp
words in an Indian English or 240 to be affixed to
language. words in an the application.
Indian language
Note - This
or part thereof.
calculation is to
be made on the
aggregate
number of folios
covered by the
same application.

Note 1 - Complainants must pay copying fees whenever they want copies.
But an accused under Section 363 of the Code in all appealable cases is entitled
to a copy of judgment absolutely free of cost. Similarly, under Section 128 of the
same Code, copy of an order of maintenance, shall be given without payment to
the person in whose favour it is made, or to his guardian, if any, or to the person
to whom the allowance is to be paid.
Note 2 - The provisions of Sections 363 of the Code should also be
referred to.
Note 3 - See also Rule 303 of this Chapter regarding remission of
copying fees in certain cases.
Note 4 - Court-fee stamps for extra fee in respect of urgent copies should
find entry in the Register of Court-fee stamps.
305. No fees for copy to public officers - No fees are to be required
or paid fee searching or, copying papers wanted by public officers for
public purposes.
Note - In their Resolution No. 1248-64, dated the 31st August 1899, the
Government of India directed that the existing practice of supplying free cf
charge to the Head of the office concerned, copies of judgments convicting
Government officers or criminal offences should be continued and that in future,
copies of judgments of acquittal and orders of discharge should also be supplied
free of charge on the application of the Head of Department.
306. Charges for map and plans - In the case of maps and plans no
general rule can be laid down. In each case the charges will have to be
fixed with reference to the difficulty or intricacy of the work to be done.
The charges shall be realised by means of adhesive stamps to be affixed to
the map or plan.
In case of urgent copies of maps and plans the expedition fee will
also be fixed by the Judge-in-charge to be paid by means of Court-fee
stamps affixed to the application for copy.
FEES FOR AFFIDAVITS
Fees for administering oaths on affidavits.
307. Fees on affidavits - The charge for administering the oath to the
deponent in the case of any affidavit - one rupee.
(1) Except affidavits made by process-servers regarding the manner
of service of processes.
(2) Affidavit made by any public officer in virtue of his office.
308. Mode of paying fees - The above fee shall be paid by means of
a Court-fee stamp.
Note - Fees for affidavits are to be entered in the Daily Register
Court-fees.
COST OF TRANSMISSION OF RECORDS
309. Cost of transmission of records - When a record is called for
by a Civil Court from a Criminal Court, at the instance of party, the cost of
postage should be borne by such party at an uniform rate of Rs. 1[30.00]
per record to be paid in Court-fee stamps for transmission of the record and
its re-transmission.
CANCELLATION OF COURT-FEE STAMPS
310.Appointment of officers for cancellation of stamp - Each Judicial
Officer should under Section 30 of the Court-Fees Act VII of 1870,
formally appoint an officer for the purpose of cancelling stamps and should
see that officer, and no other is allowed to do the work.
311. Triangular punching - The second or triangular punching of

Court-fee stamps prescribed in Rule 313 post should be made on the day
the records are received in ,the District Record Room or as soon after as
possible, and should not await the inspection or examination of the records.
312. Duty of Record Keeper to examine stamps - The Record
Keeper should on receiving records from a Muharrir or other, ascertain
that all the papers in the record which require stamps are properly
stamped and that the rules regarding their cancellation have been properly
carried out. Should any of the stamps show signs of having been properly
tampered with or any suspicious circumstances he must at once submit a
report to Presiding Officer of the Court. Record Keepers should be
reminded that the appointment of a special peon or any other officer to
punch stamps or records received into the Record Room in no way
absolves them from the duty of seeing that the stamps are duly punched.
313. (a) Punching a Second hole in the Record Room - The
Record Keeper of every Court or office shall, when a case is decided and
the record consigned to his custody punch a second whole with a triangular
punch in label distinct from the first and at the same time note upon the
table of contents the date of his doing so. The second punching should not
remove so much of the stamps as to render it impossible or difficult to
ascertain its value or nature.
Note - In case tried summarily, the note referred to above should be
entered in the forms of Summary trial, kept under Section 263 or 264 of the
(b) These directions apply only to adhesive labels used under the
Court-fees Act. Impressed stamps used for denoting Court-fees need not be
cancelled or punched otherwise than as required by Section 30 of the
Court-fees Act.
314. Square punching of copies, certificates, etc. - 2[The Court or
office receiving copies, certificates or other similar documents liable to
1. Substituted by C.S.No. 92-IX-4/2001, dt.6.11.2001.

2. Substituted by C.S.No. 18-XIXD-19/81, dt.20.1.1983.
liable to stamp duty shall, on receipt cancel the levels affixed to them by
punching out the figure-head with a round punch. As an additional
precaution the Clerk-in-charge of the Register of Petitions and Court-fees
shall when entering the value of the Court-fee stamps in the said Register,
put his signature with date across the label and upon the paper on either
side of it, as is frequently done by persons signing stamped receipts.
Note - Stamps affixed to affidavits presented to a Commissioner for the
purpose of administering an oath or affirmation to the deponent, shall be
cancelled by punching out with a square punch, a portion of the stamp in such a
manner as to remove neither the figure-head nor the part of the stamp upon
which the value is expressed.]
315. Inspection of documents by Judicial Officers - Each Presiding
Officer should cause an occasional inspection to be made of documents
that have been filed in order to ascertain that the stamps have been properly
punched and defaced and have not been subsequently removed from the
documents on which they have been used. The inspection should be made
at least once a quarter. The check herein prescribed applies equally to all
papers which require adhesive label, and they should be subjected to
similar scrutiny.
EXPENSES TO ACQUITTED PRISONERS
316. Expenses to acquitted prisoners - 1[Sessions Judges and
Magistrates may grant travelling and subsistence allowances to prisoners
who have been acquitted or discharged and released from custody by them
and to prisoners who having been arrested under Section 340 of the Code
of Criminal Procedure are subsequently released at the following rate to
enable them to return to their villages:
Provided. that such prisoners reside at a distance of more than
“eight kilometer” from the place where they are released from custody and
are not possessed of sufficient means to return to their village.
T.A. By T.A. By T.A. by road T.A. by Subsistence

rail Public otherwise than sea or allowance
motor by public canal
bus motor service
Second Actual 0.05 per K.M. Actual As admissible
Class bus fare expenses to a witness in
fare of the lowest
passage grade with
chances from
time to time]
1. Substituted by C.S.No. 16-IX-10/81 dt. 20.05.1982

317. Determination of distance - The distance for which fare or

mileage and the number of days for which subsistence allowance should be
allowed for the journey shall be determined by the Judge or Magistrate
ordering the payment in each case.
INSPECTION OF RECORDS BY REGISTRATION OFFICER
318. Inspection of records by registration officer - Government
having directed the Inspector-General and Inspectors of Registration. to
examine the Record Room of various Courts in the mufassil in order to see
how far the rules and instructions on the subject of the punching, custody and
sale of stamps are carried out, every assistance should be afforded by
Presiding Officers to those officers in the discharge of their duty.
319. Duties of Registration Officer - Government having ordered
that on the discovery of any irregularity in respect of punching or
otherwise defacing Court-fee stamps the Inspecting Registration Officer
should at once bring the matter to the notice of the Presiding Officer of the
Court, such officer should go into the matter at once and then trace the person
who is responsible for the omission pointed out by the Inspecting Officer.
PART - V
REGISTERS, PERIODICAL RETURNS
STATEMENTS AND ANNUAL REPORTS
CHAPTER - I
Registers
320. List of Registers - While the Court do not positively forbid the
maintenance of other Subsidiary Registers in the various Criminal Courts
subordinate to it, the list of Registers given in Volume II specifies all the
Registers which, it is believed, are absolutely necessary for judicial,
administrative or statistical purposes.
321. All Registers shall be kept in English.
322. Registers to be kept in English - Preservation and destruction
of Registers - The list of Registers given in Volume II shows the period for
which each is to be preserved. Registers of Magistrate’s
Courts which are to be preserved for three years or less should not be
consigned to the Record Room, but should be retained in the office in which
they were written and should be destroyed by that office in With the
Magistrate’s sanction on the expiry of the prescribed period. All other
Registers of such Courts are to be consigned to the Record Room along with
the consignment of records. Those that are to be preserved permanently will
be entered by the Record-Keeper In a Register in Form No. (R) 37 and those
that are to be preserved for more than three years, but not permanently, in
another Register in Form No. (R) 38. The Registers in Form Nos.(R) 37 and

38 are to be preserved permanently.

1[322-A.- Registers (R) 1 and (R) 2 which are required to be
preserved for 7 years are to be consigned to the District Record Room after 3
years from the date of last entry in the Registers.]
CHAPTER - II
Periodical Returns and Statements
A. General
323. Forms - The forms of periodical statements entered under the
heading of" Appendix A" in the list at the beginning of Volume II, are
prescribed for adoption by the Criminal Courts shown against each. On the
forms themselves some instructions or observance will be found, and the
following general instructions are also issued in order to secure the correct
and uniform preparation of the statements.
324. Returns have references to judicial work - Apart from certain
miscellaneous proceedings under the Criminal Procedure Code, the returns
have reference to judicial work alone.
325. Persons who have not appeared not to be shown in returns - No
person who has not appeared personally or by urgent in Court is to be included
in the returns; but all persons who have appeared, whether in obedience to
summons, warrant or other process or voluntarily to answer a criminal charge,
should be shown as under trial. Persons discharged from bail taken under
Section 169, without appearing before a Magistrate should not be entered in
the returns.
Note 1 - Witnesses examined during enquiry not to be included -
Witnesses examined by Magistrates in Court in Preliminary inquiries under
Sections 202 and 340, Criminal Procedure Code, need not be included in the
periodical returns.
Note 2 - Cases of Lunatics not be shown as pending - Cases of
lunatics. dealt with under Section 330 of the Code of Criminal Procedure should not
be shown as pending on the files. When such lunatics are subsequently brought
before the Court and found to be capable of making defence. their cases should be
entered as new cases.
Note 3 - Cases remanded to be treated as new cases - Cases finally
remanded should be treated as new cases.
Dormant File
326. Dormant file - Records of the following categories of cases shall
be transferred to the “Dormant File” and from the date of such transfer they
shall not be shown in any periodical returns.
1. Inserted byC.S.No. 42-IX-13/83, dI.5.9.1985.

(a) 1[All cases where action has been taken under Sections 82 and 83
Criminal Procedure Code and evidence of witnesses, if any, for the
prosecution has been recorded under Section 299 of the Code of Criminal
Procedure.]
(b) In cases where during a period of one year from the first date of
issue of process, repeated attempts to serve summons and warrants have
failed on account of the fact that the whereabouts of the accused is not known
and the prosecution is unable to furnish any further particulars about the
whereabouts of the accused.
(c) In police cases where action under Sections 82 and 83, Criminal
Procedure Code has been taken, but the proclamation and attachment
have not been affected by the police during a period of three months from the
date of issue of such proclamation and attachment.
2[(d) Where the address of the accused is not furnished by the
prosecution within a period of three months from the date of institution of the
case.]
327. After the appearance or the production of the accused, the
concerned 3[Court of Session or] Magistrate would call for the record from
the Dormant file and shall proceed with the case according to law in its
original number and thereafter show the case in the periodical returns.
328. 4[The Sessions Judge shall maintain a Common Register of
cases transferred to the Dormant file in Form No.(R) 26 and in the
Register, the cases transferred by him to the Dormant file and also the
cases transferred by Additional Sessions Judges and Assistant Sessions
Judges in his jurisdiction shall be entered date wise. It shall be the
duty of Additional Sessions Judges and Assistant Sessions Judges in
the Sessions Division to supply necessary information to the Sessions
Judge on the very date they transfer any case to the Dormant file.
The Sub divisional Judicial Magistrate shall similarly maintain
a common Register of cases transferred to the Dormant file in Form
No.(R) 26 and the cases transferred by him and also the cases transferred by
other Judicial Magistrates of the Station to be entered in the
Dormant file date wise. It shall be the duty of other Magistrates to
supply necessary information on the very date they transfer any
case to the Dormant file.]
329. 5[At the time of transferring a record to the Dormant file
necessary entries with the date shall be made in the remarks column in the
Register of Sessions Cases when the records relate to a case on the file of the
1. Substituted by C.S.No. 19-XlIX-D 46/82, dt. 13.1.1983.
2. Added by C.S. No.41-IX-2/85, dt. 26.6.1985.
3. Added by C.S. No.20-XlIX-D-46/82, dI.13.1.1983.
4. Substituted by C.S.No.21-XLlX-D-46/82, dI.13.1.1983.
5. Substituted by C.S.No. 22-XLlX-D 46/82, dt. 13.1.1983.
Sessions Court and in the primary and trial Registers if the records relate to a
case on the file of the Magistrate for facilitating the tracing out of the record
when necessary.]
330. Cases received or disposed of by transfer - It is not intended
that any case should be entered in the returns as received or disposed of by
transfer unless the transfer was from one district to another, or from one kind
of Court to another, as for example from a Civil or Revenue Court under
Section 346 of the Criminal Procedure Code. A note should always be made in
the column of remarks of the number, in any, of cases and persons transferred
to, received from places outside the jurisdiction of the High Court as this
information is required in order to the compilation of the returns for the whole
State. Cases received or disposed. of by transfer should not be shown under
Column 3, ‘brought to trial’ or Columns 5 and 6. 'Disposed of' of the criminal
statement in Form No. (S) 3 but same should be included or excluded from
Column 4 under the heading “Total for disposal” with a note in the
“Remarks” column against each Court indicating the number of cases
received by transfer or transferred to the Courts.
331. Cases referred and received in reference - The columns
headed ‘Referred” “and” Received on reference” are meant to exhibit
cases in which an enquiry or trial has been held, and the proceedings
of the Court are submitted for confirmation, or the orders of, a
higher Tribunal; for example cases submitted by Subordinate Magistrates
under Sections 323 and 325, by District Magistrate, etc., under Section
122 and by Sessions Judges under Section 366 of the Criminal Procedure
Code. Mere reference for trial under Section 192 are not to be entered in these
columns, nor in the columns exhibiting transfers; they are to be entered
against the Court which decided them, and not against the Court which may
have merely received the complaint.
332. Cases submitted for confirmation or orders - Cases of the kind
alluded to above, in which the proceeding of one Court are submitted for the
confirmation or orders of another, will, like cases committed to the Sessions,
find entry in the returns of both Courts. The persons concerned will appear in
the returns of the referring Courts not as convicted but as ‘referred’. In the
returns of the Court receiving the references, they will be shown as convicted,
acquitted, etc. according to the result of the reference in each case, or as
‘pending’ if orders have not been passed on it.
333. Duration of cases - In calculating the duration of cases before
Magistrate, time is to be counted in police cases from the date of supply of
police papers to all the accused and in complaint cases from the date of
appearance of all the accused.

334. Counting of duration in the receiving Court - A case is

regarded as coming on the file of the receiving Court from the date of
commitment, reference or order of transfer.
SUBMISSION OF PERIODICAL RETURNS

General
335. Monthly Statement - 1[Monthly and quarterly statements of
pending cases should be despatched by subordinate Courts to the Chief
Judicial Magistrates or the District Magistrates as the case may be on or
before the 5th and 10th of the month next succeeding the period to which they
relate respectively and Annual statements on or before the 28th February of
the new year. Monthly consolidated statements of pending criminal cases
relating to the Courts of the Chief Judicial Magistrates and other subordinate
Criminal Courts should be despatched by the Chief Judicial Magistrates to the
Sessions / Judges on or before the 15th and quarterly statements by the 20th
of the month respectively next succeeding the period to which they relate.]
336. Quarterly Statement - Quarterly statements should be
submitted by District Magistrates and Sessions Judges to the High
Court 2[by the last day of the succeeding month] and annual statements, along
with the annual report on the Administration of Criminal Justice, on or before
the 10th March of each year. The punctual despatch of correct statements is
an important duty, the neglect of which will not be overlooked by the Court.
337. Punctuality in the submission of statements - Punctuality in the
submission of annual statements and annual reports must be insisted upon
and. the Chief Judicial Magistrates and District Magistrates should be careful
to take necessary steps to ensure the accurate compilation and prompt
despatch of the same. The Court will be compelled to take a serious view of
the conduct of any officer who neglects to give due attention to these rules.
338. Statement to be prepared correctly - Both Magistrates and Judges
are required to see that the statements are prepared neatly as well as correctly, in
respect of the entries made, and that they are not disfigured by slovenly or bad
writing. When Such defect are noticed, the statements will be liable to be
returned.
339. Explanation for figures differing - Where the figures given in
any return differ from those given for the same period in the returns
previously submitted, explanation should always be offered to avoid the
necessity for a reference in the matter.
1. Substituted by C.S. No.50-IX-20/87, dt. 21.1.1988.

340. Particulars which cannot be shown in other columns to be

shown in remarks column - The column of remarks should contain the
mention of any cases or particulars which do not appear to be fairly provided
for in other columns and should also contain brief explanation of any
noticeable results appearing on the face of the returns, especially of such
which, if unexplained might lead to erroneous conclusions; in short, any
comments which will tend to throw light upon the figures.
341. Prescribed statements not be discontinued - No statement in
use by authority of the High Court may be discontinued without an express
order of such Court.
B. Monthly and quarterly and half-yearly statement by

Magistrates
342. Monthly statements by Magistrates - Judicial and Executive

Magistrates shall submit monthly to the Chief Judicial Magistrate and
District Magistrate respectively a statement at pending files. They are
required to submit along with monthly statements explanations of the
cause of delay in the disposal of cases pending more than 1[one year].
343. Quarterly statement by Magistrates - Judicial and Executive
Magistrate shall also submit to the Chief Judicial Magistrates and District
Magistrates respectively quarterly a general statement of the business coming
before their Courts.
344. Compilation of statements - 2[With the figures submitted by
their Subordinates, the Chief Judicial Magistrate and District Magistrates
shall compile a General Statement for the whole District and submit it to the
High Court in every quarter. However, the explanation of the delay, where any
case has been pending for more than one year shall be submitted to the High
Court half-yearly. The Chief Judicial Magistrate shall submit such statement
through the Sessions Judge.]
Note 1 - Explanation of delay in disposal of cases should indicate briefly the
time consumed in securing the apprehension of or appearance of the accused,
attendance of the witnesses, in adjourning the case for want of Court's time or other
such reason as may appear relevant.
The explanation furnished by the Judicial Magistrate and Executive
Magistrate with the remarks of the Chief Judicial Magistrate and the District
Magistrate should be forwarded to the High Court. Copies of order sheets not
be submitted to the High Court unless called for.

statement a certificate under his signature to the effect that cases shown as
disposed of on contest were all of real contest and that regular judgments were
delivered in those cases. The Chief Judicial Magistrate should after verification of
these certificates personally make a note in the consolidated statement that the
same has been duly furnished by the Subordinate Magistrates under him.
345. Balance sheet of fines - A quarterly balance sheet of fines in Form
No. (S) 3-E shall be prepared in book kept for the purpose. The balance sheet
of fine should contain a certificate signed both by the Judicial Officer and
Treasury Officer concerned to the effect that the total of the realised fines,
plus the balance in hand of the preceding quarter minus the amount, credited
as criminal deposit and the balance in hand, has been brought to the credit in
the Treasury Account. It shall be the duty of the Treasury Officer to scrutinies
the balance sheet of criminal fines prepared by the Judicial Magistrates
immediately after its receipt by him and to return the same within a week from
the date of its receipt. A copy of each subdivisional balance sheet of criminal
fines must be sent to the Chief Judicial Magistrate within 10th of the month
succeeding the quarter to which it relates and the balance sheet of the Sadar
Station ought to be ready within the same time. A general district balance
sheet in the form prescribed (S) 3-E shall be sent to the Sessions Judge by the
15th of the month succeeding the quarter. Along with the quarterly balance
sheet of fines, the Judicial Magistrates, shall furnish a list of cases in which
retaliation of fine has been stayed indicating therein the number and year of
the appeal or revision in which orders for stay of retaliation of fine has been
made. The Chief Judicial Magistrate shall prepare a consolidated list of such
cases for the entire district and submit the same to the Sessions
Judge along with the general district balance sheet. The Sessions fudge shall
examine the correctness of the balance sheet of fines and the list of cases in
which retaliation of fine has been stayed and after making necessary
correction, if any, shall transmit the same to the High Court by the 25th of the
month with his comments.
346. Half-yearly statement of irrecoverable fines - The Judicial
Magistrates shall submit a half-yearly statement of irrecoverable fines
written off by Chief Judicial' Magistrate to him (the Chief Judicial
Magistrates) in Form No. (S) 3-H who shall submit the same to the High
Court through the Sessions Judge. Such statements should be submitted by
the Judicial Magistrates to the Chief Judicial Magistrates by the 10th of the
month succeeding the half-year to which it relates to. The Chief Judicial
Magistrate shall submit the same to the Sessions Judge by the 5th of that
month and the Sessions Judge shall forward the same to the Court with his
comments, if any, by the 25th of that month.

347. Half-yearly statement regarding the steps taken for

realisation of fines and recommitment of accused - The Chief Judicial
Magistrate shall submit to the High Court through the Sessions Judge a
half-yearly statement showing the effective measures taken for
recommitment of convicts to jail and for realisation of fine amounts. Along
with such statement the Chief Judicial Magistrate shall append a certificate
that in all cases where fines have been imposed, necessary action has been
taken in time by the Courts concerned for realisation of the same and that
whenever necessary, the defaulter has been committed to jail to undergo
the default sentence.
348. The Chief Judicial Magistrate and District Magistrate are
expected to examine carefully the statement, monthly and quarterly
half-yearly submitted by the Courts subordinate to them and to satisfy
themselves that the business in these Courts is transacted with due
despatch. They may, if consider necessary, call for full explanation from a
Subordinate Court in regard to any case on its file. A case which calls for
special attention may be brought to the notice of the High Court. They will
submit with the quarterly returns a concise statement in Form No. (S) 3-A,
regarding the outturn of work done by each of the Subordinate Magistrates
and an expression of their opinion on any deficiency apparent in this
respect.
349. Sessions statement - The Sessions Judge maintain a Register
of Sessions cases in Form No. (R) 23. At the end of each 1[quarter] a
statement in Form No. (S) 2 shall be submitted to the High Court, showing
all cases pending for trial at the commencement of the 1[quarter] or brought
before the Court during the 1[quarter]. He shall also submit along with the
sessions statement a memorandum indicating the number of the sessions
cases fixed for trial during the next 1[quarter] and the date fixed therefor.
350. Adjourned Sessions statement - Along with the 2[quarterly]
statement in Form No. (S) 2 every Sessions Judge, Additional and Assistant
Sessions Judge shall submit a special statement of adjourned Sessions
cases in Form No. (S) 2-A with particulars therein mentioned duly filled in.
Note - 1 - A blank special statement should always be submitted if no
Sessions case was adjourned in the 1[quarter].
351. Explanation of delay in capital sentence cases - In all capita
sentence cases where there has been an interval of 9 months or more
between the apprehension of the accused and the conclusion of the trial in
the Court of Sessions, a full explanation of such delay should be sent to the
High Court along with the proceeding submitted under the provisions of
Section 366 of the Code of Criminal Procedure.
1. Substituted by C.S.No.45-IX-11 /86, dt.12.12.1986.
2. Substituted by C.S.No.46-IX-11 /86, dt.12.12.1986.
The period of 9 months here allowed should not however, be taken as

the normal period which should intervene between the apprehension of the
accused and the conclusion of the trial in the Court of Sessions. Every efforts
should be made to dispose of capital sentence cases as expeditiously as
possible.
352. Quarterly Sessions statement - l[(i) Sessions Judges shall also
submit quarterly to the High Court a statement showing the result of
commitments to the Court of Sessions and of appeals and applications for
revision made to them. The Additional or Assistant Sessions Judge, if any,
will furnish similar return for his own Court and the Chief Judicial
Magistrates in respect of appeals only to the Sessions Judge, who will exhibit
the figures separately in his return. However, the Sessions Judges shall submit
explanation half-yearly, regarding causes of delay in disposal of sessions
cases pending over six months from the date of commitment and of appeals
and revision pending over six months and three months respectively from the
date of their filing.]
2[(2) The Special Courts shall submit their respective statements
showing the number of pending cases under Special Acts to the High Court, in
the prescribed Form No. (S) 2-AA of the G.R. & CO. (Crl.) Volume-Il in each
quarter of the year.]
353. What cases are to be included in the quarterly statements - In
the quarterly statements, columns headed ‘Brought to Trial’ or “Preferred”
unlike those headed “Under Trial” or “Total dealt with” are intended to show
only cases brought to trial, or appeals or applications
filed during the period to which the return relates, and are not intended
to include cases pending at the commencement of such period.
354. Memorandum regarding outturn of work - Sessions Judges
shall submit to the High Court along with the quarterly statement a
memorandum showing separately the outturn of criminal work of each
officer exercising the powers of a Sessions Judge or of an Assistant Sessions
Judge in Form No.(S) 4-A. In the case of each such officer, the number of days
devoted to criminal work, the number of criminal cases disposed of, and the
number of witnesses examined should be shown.
355. Explanation for delay undelivery of judgment - Sessions
Judges, Chief Judicial Magistrates and District Magistrates should in the
remarks column of the quarterly returns note the Criminal cases, appeals and
revisions heard during the period in question whether decided or otherwise in
which judgment or order was delayed for one month or over together with a
full explanations of delay. When there is no such delay a positive certificate
1. Substituted by C.S. No. 97 (XLVA-13/2006, Dt. 21.9.2010).

2. Inserted by C.S. No. 91-XLV-1/2000, dt. 5.10.2001.
To that effect must be given by them under their signature in the remarks
column of the return.
356. Annual Statement - Most of the annual statements can be readily
compiled from the statistical and other Registers. In the case of others it is
essential that the requisite information should be collected from time to time
so as to be available without delay at the close of the year. In the latter case, the
Chief Judicial Magistrates .and District Magistrates must take care that the
proper officers of their own Court and of the Courts subordinates to them
collect the information at convenient intervals.
357. Channel of submission of annual statement - District
Magistrates shall submit their annual statement direct to the High Court. The
Chief Judicial Magistrate shall submit such statements to the High Court
through the Sessions Judge.
CHAPTER - III
Annual Reports
358. Annual reports - Sessions Judges and District Magistrates
shall submit to the High Court along with the annual statements, a Report for
the year to which they refer upon the Administration of Criminal Justice. The
Form No.(S) 11 shall be incorporated in their reports by Sessions Judges and
District Magistrates. Sessions Judges and District Magistrates should be
careful to secure a correspondence between the figures given in the Table in
the body of their reports and those contained in the annual statements
submitted by them, and they are expected to see that no discrepancies occur in
this regard.
359. Contents of report - The Court do not consider it necessary to
prescribe the use of any particular form of Report; but the Report,
in whatever form, should contain such remarks as they consider
fit on a consideration of the figures entered in the statements.
Any great variation between the result exhibited for the year under
report and for the previous year should receive notice and be explained,
if possible.
360. Additional information - Amongst other matters, the following
must be noticed in the report :
(a) The condition of the Record Room which must be ascertained by
careful personal enquiry and not from the mere report of the Record Keeper.
Note - The Court will not be satisfied with a mere cursory mention but
require. clear description of the statement of the Record Room and the date up to
which the records have been stored or destroyed so that it may appear without
doubt that this duty has not been neglected.

(b) The extent to which effect has been given to the rule regarding
arrangement of the records in the course of the trial and rules regarding the
destruction of useless records.
(c) The working of the rules under the Court-fees Act.
(d) The effect of recent Legislation on the working of the Criminal
PART - VI
CHAPTER - I
Inspection of Courts & Officers
361. Inspection by Sessions Judge - 1[Sessions Judge shall inspect
once in two years each of the Courts of Judicial Magistrates and also inspect
the Courts of the Chief Judicial Magistrate once in a year in his Sessions
Division and submit the report of his inspection to the High Court. Ordinarily,
such inspection in the outlying stations should be made at the time of
inspection of the Court of Civil Judge (Jr. Division)] or Civil Judge (Sr.
Division)] of such station.]
362. Inspection of the Courts of Executive Magistrates - When
convenient, as for instance during any vacation, not availed of, or at the time
of inspecting the Courts of Judicial Magistrates of 2[Civil Judge (Junior
Division)], the Sessions Judge should visit the Courts of Executive
Magistrates (Excluding District Magistrates). His inspection of these Courts
should be of a general character and directed rather to judicial than executive
matters.
363. Inspection by Chief Judicial Magistrates - The Chief Judicial
Magistrates shall inspect the Courts of the Judicial Magistrates subordinate
to them quarterly, half-yearly or annually as may be specified by the Court
from time to time. These inspections should be detailed and should amongst
other matters, be directed to the Following:
(1) Proper maintenance of all important Registers.
(2) Proper arrangement of records.
(3) Punctual submission of periodical statements.
(4) Examination of records of pending cases specially the
year old ones.
(5) Rash issue of process to the accused.
(6) Undue detention of witnesses.
(7) Adequacy of examination of accused.
(8) Framing of charges.
1. Substituted by C.S.No. 93 - (XLlX-D-7/2004. Dt. 17.5.2005).
2. Substituted by C.S.No. 93 - IX-1/95, dt. 31.10.1995
(9) Delay in delivery of judgment.

(10) Quick disposal of cases.
(11) Adequacy or otherwise of the sentences passed.
(12) Compliance of the provisions of the Probation of Offenders’
Act and Rules.
(13) Observance of Rules and Procedure.
(14) Due execution of sentences.
364. Sitting inspection by Chief Judicial Magistrate - Whenever
a Chief Judicial Magistrate inspects any particular Court, on the
first day, he would sit with the Magistrate on the dias during Court
hours. In his presence the Magistrate would do the entire work
for the day and the Chief Judicial Magistrate would not interfere
with the work of the Magistrate. He would note 1'l1e defects committed
by the Magistrate in a Register maintained for the purpose separately
for each Magistrate. After the Magistrate rises for the day, the
Chief Judicial Magistrate would have full discussion with him and
make an endorsement to that effect and obtain the signature of
the Magistrate thereto. A verbatim copy of this inspection note
should be sent to the High Court through the Sessions Judge. From
the next day, he would inspect the office of that particular officers.
Note - This rule does not apply to the Inspection of the Courts of
Magistrates who have rendered service for five years or more. But the Chief
Judicial Magistrates may sit on the dias of Magistrates of such experience for
such number of hours exercising his best discretion in the matter.
365. Notes of Inspection to be forwarded through Sessions
Judge - 1[2[(i) The Chief Judicial Magistrate, after inspection of
Magisterial Courts will send a copy of the inspection report to the
concerned Magistrate within one month from the date of his inspection.
The concerned Magistrate will submit his views/compliance report
within a period of six weeks from the date of receipt of the copy
of the inspection report.]
(ii) The Chief Judicial Magistrate will forward a copy of his
inspection report along with the views/ compliance report of the concerned
Magistrate to the District and Sessions Judge within a period of four weeks
from the date of receipt of the Magistrate's views. In case no
views/compliance report are received from the concerned Magistrate
within the aforesaid period of six weeks, the Chief Judicial Magistrate
will send his inspection report to the District and Sessions Judge without
waiting for the views/compliance from the concerned Magistrate.
(iii) The District and Sessions Judge shall examine the inspection
report of the Chief Judicial Magistrate along with the views/compliance
1. Substituted by C.S.No. 80, IX-12/96, dt. 27.5.1998.
2. Substituted by C.S. No. 98 (IX-3/2006, Dt. 26.11.2010).
reports of the concerned Magistrate and thereafter he shall pass

appropriate orders/ directions to the Chief Judicial Magistrate and
the concerned Magistrate for taking appropriate action. However,
in cases where orders / directions of the High Court are necessary,
it shall be referred to the Registry of the Court.
(iv) A copy of the order/direction issued by the District and
Sessions Judge along with a copy of the inspection report of the Chief
Judicial Magistrate shall be sent to the Registry of this Court for record.]
366. Inspection of Mobile Courts - The Chief Judicial Magistrates
may hold inspections of Mobile Courts while engaged on duty.
367. Control of Subdivisional Judicial Magistrates over Judicial
Magistrates - The Subdivisional Judicial Magistrates may, subject
to the control of the Chief Judicial Magistrate, so as to satisfy himself
that the business of the office is transacted with regularity, punctuality
and efficiency. He may also call for information relating to office
of such Judicial Magistrates and give directions in the matter of
clearance of arrears.
368. Inspection by officers of their own offices - The Chief
Judicial Magistrates, Subdivisional J udicial Magistrates and Judicial
Magistrates should make thorough inspection of their offices once
a year and submit to the Sessions Judge for his information a copy
of their inspection notes by the 15th February of each year. The
Subdivisional Judicial Magistrates and Judicial Magistrates will submit
their annual inspection reports through the Chief Judicial Magistrate.
The Sessions Judge may pass such orders on such inspection notes
as he considers necessary. It is not necessary to forward to the
Court either a copy of such notes of inspection or the orders passed
by the Sessions Judge. It should, however, be noted in the annual
administration report whether all the Criminal Courts have been
inspected by the Presiding Officers. Where an office has not been
inspected the name of the officer who has failed to make the inspection
should be reported and his explanation obtained and forwarded
to the Court.
369. Inspection by Registrar, Civil and Sessions Court - The
Registrar, Civil & Sessions Courts, who is also the Officer-in-charge
of the different Criminal Sessions in the headquarters should inspect
the work of those sections in cyclic order and place notes of their
inspection before the Sessions Judge who shall pass necessary orders
on those inspection notes. These inspections should be in accordance
with the programmes drawn up by the Sessions Judge in the month
of January every year.
370. Information sheet - Subordinate Courts, after receipt of
intimation of inspection should prepare an information sheet in the

pro forma given in Appendix VIII and place the same before the
Inspecting Officer.
371. Sessions Judge’s authorisation to Chief Judicial Magistrate
for inspection of some branches - The Sessions Judge may authorise
Chief Judicial Magistrates at headquarters station to inspect the Nizarat,
Record Room, Accounts and Copying Department once a quarter so far as
they relate to criminal side. The Chief Judicial Magistrates posted at
stations other than the headquarters of the Sessions division may likewise
be authorised to inspect the aforesaid departments of those stations. The
Chief Judicial Magistrate would forward the notes of inspection prepared
by him to the Sessions Judge who would pass necessary orders thereon.
Note - These inspections would be in addition to the inspection required
to be done by the Registrar, Civil and Sessions Courts and Sheristadars.
1[371-A. The Sessions Judge should himself examine at least

half-yearly a certain proportion of the records to the criminal cases
consigned to the Record Room for the purpose of satisfying himself that
the business in the Subordinate Criminal Courts is transacted with due
despatch and that there is proper conduct of cases in accordance with law
and rules of procedure.]
372. Chief Judicial Magistrate's inspection of Magisterial work
of Sub-Judge and 2[Civil Judge (Junior Division)] - The Chief Judicial
Magistrates shall inspect the records and Registers maintained by 2[Civil
Judge (Senior Division)] and 2[Civil Judge (Junior Division)}in their
capacity as Judicial Magistrates.
373. Inspection by the Chief Ministerial Officer - The Chief
Ministerial Officer of every Criminal Court shall inspect once in every
quarter the work of each member of the staff 3[of the said Court as well as
the Court of the Judicial Magistrate of that station] and submit his
inspection report to the Presiding Officer who shall pass necessary orders
thereon.
374. Summary of defects - Every inspection note shall contain a
summary of major defects noticed.
375. Inspection defect Register - Every Criminal Court shall
maintain an inspection defect Register in Form No. (R) 39. The Presiding
Officer should take particular care to see that all the defects pointed out in
the inspection report are noted in this Register and they are promptly
rectified.
1. Inserted by C.S.No. 31-XLLX-D-50/81, dt.5.1.1984.

2. Substituted by C.S. No. 33, IX-1/95, dt. 31.10.1995.
3. Added by C.S.No. 35-XLlX-D-33/83, dt.8.5.1984.
376. Checking of rectification of previous defects - It shall

be duty of the Inspecting Officer to check the inspection defect Register to
find out if all the defects noticed during previous inspection have been
rectified and noted therein.
CHAPTER - II
Office and Correspondence
[Vide Rules on the subject in the General Rules
(Civil) Volume I]
CHAPTER - III
Forms and Stationery
[Vide Rules on the subject in the .General Rules
(Civil), Volume I]
CHAPTER - IV
Library
[Vide Rules on the subject in the General
Rules (Civil), Volume I]
CHAPTER - V
Dress of Judicial Officers and Pleaders and
witnesses belonging to
Military
377. Rules regarding dress - Rules prescribing the dress of the
District Judges, Additional District Judges and '[Ci vil Judge (Senior
Division)] while presiding on the Bench contained in Chapter III, Part IX of
the G.R. and C.O. (Civil), Vol. I would apply to the Sessions Judges,
Additional Sessions Judges and Assistant Sessions Judges and Chief Judicial
Magistrates and those prescribed for the 1[Civil Judge (Junior Division)] in
the said Chapter would apply to the Judicial Magistrates.
378. Dress of Military officer while attending Court - The
attention of all Criminal Courts is invited to the following rules which have
been approved by the Government of India, relating to the dress of Military
officers and soldiers appearing before Civil or Criminal Courts (other than
Courts established under Military Law)
(1) An officer or soldier required to attend a Court in his

official capacity should appear in uniform with sword or
side arms. Attendance in an official capacity includes
attendance:
1. Substitute.d by C.S. No. 33, IX-1/95. dt. 31.10.1995.

(a) As witness when evidence has to be given of matters which

come under the cognizance of officer or soldier in his
Military capacity.
(b) by an officer for the purpose of watching a case on behalf of
a soldier or soldiers under his command.
(2) An officer or soldier required to attend a Court otherwise than
in his official capacity, may appear either in plain clothes or
in uniform.
(3) An officer or soldier shall not wear his sword or side arms if he
appears in the character of an accused or under Military arrest
or if the Presiding Officer of the Court thinks it necessary to
require the surrender of his arms, in which case a statement of
the reasons for making the order shall be recorded by the
Presiding Officer and if the Military authorities so request
forwarded for the information of the Commander-in-Chief.
(4) Fire-arms shall, under no circumstances be taken into Court.
CHAPTER - VI
Registration of Pleader’s and Mukhtar’s Registered Clerks
379. Registered Clerk; Definition - The expression ‘Registered

Clerk’ means a Clerk who is employed by a Pleader or a Mukhtar in
connection with his legal business and who is Registered under these rules.
380. Limit of the number of Registered Clerk - A Pleader or
Mukhtar may have at a time not more than two Registered Clerks
employed by him unless the District Judge by general or special order
otherwise directs.
381. Qualification - No persons shall be Registered as a Legal
Practitioner's Clerk unless he : -
(a) has passed the Middle School Examination ;
(b) has worked for one year in the office of a Legal Practitioner
under a Registered Clerk ;
(c) has obtained (1) a certificate from the Registered Clerk under
whom he has worked countersigned by the Legal Practitioner
concerned that he has working knowledge about the rules and
practice of the Courts and can maintain accounts, and
(2) a certificate of honesty and good character from the Legal
Practitioner in whose office he has worked :
Provided that a person who is Registered as a Clerk of a Legal
Practitioner before the commencement of these rules and was acting as
such on the date of the commencement, may notwithstanding the fact that
the fact that he does not possess the qualification mentioned in Clauses
(a), (b) and (c) (1) above, be re-Registered as such Clerk.
382. Disqualification - A person suffering from any infectious,
contagious disease or who has been convicted of any offences involving
moral turpitude or is an undischarged insolvent or has ever been
declared a tout shall not be Registered as a Legal Practitioner's
Clerk.
383. Registering authority - At Sadar Stations, the Registering
authority shall be the Chief Judicial Magistrate in the case of Clerks
of Mukhtars, ordinarily practising in the Magisterial Courts, and
the District Judge in all other cases. In the outlying stations, such
authority shall be the principal Civil Court. When there is more
than one Civil Court of the same grade at any such station, the
power shall be exercised by the senior officer unless the District
Judge otherwise directs.
384. Contents of the application - (a) Every application for
the registration of a Clerk shall be made to the Registering authority
by the Pleader or Mukhtar desiring to employ him. It shall also be
signed by the Clerk proposed to be employed.
(b) Such application shall be on plain paper and shall contain:-
(i) A certificate from the Pleader or Mukhtar that the person
proposed is to the best of his belief fit to be so employed and
would be employed bona fide for his own service and for the
purpose of the legal business ;
(ii) The name or names of the Registered Clerks, if any,
under him ;
(iii) A statement declaring that he has no un Registered Clerk and
an undertaking not to employ any such Clerk during the
year ;
(iv) A written undertaking from the proposed Clerk to the effect
that during the continuance of his serving as such Registered
Clerk he shall not write any deed or document for any person
other than the clients of his master.
385. Manner of disposal of the application - The Registering
authority on receiving the application may (1) dispose of it at once when
the person proposed is known to it; or (2) refer it to the Bar Association or
the Mukhtars’ Association, as the case may be, for their opinion; or (3)
make such other enquiry as it thinks necessary.
386. Manner of registration - When the Registering authority is
of the opinion that the person proposed is fit and proper person to be
employed as a Registered Clerk he shall enter his name in the register of

Clerks Form No. (R) 22 and issue to him a 1 [Laminated Photo Identity]
card in Form No. (R) 98. These cards shall be strictly non-transferable and
shall be returned 2[after 3 years] when Clerks must be re-Registered
387. Copy of the Register to the District Judge - Each
Registering authority shall at the beginning of the year send a copy of its
Register and of all subsequent alterations and additions therein
immediately after they are made to the District Judge who shall maintain a
Register of all Registered Clerks within his jurisdiction containing the
name, father's name and residential address of each Registered Clerk and
the name of the Pleader under whom he is employed. Such Register shall
be maintained in Form No. (R) 22.
388. Renewal of the application - 3[Application for renewal of
licence shall be made to the concerned Registering authority 4[after
3 years]. The said application shall be accompanied by the old licence and
a written consent of the Legal Practitioner who has already engaged or
proposed to engage the applicant as his Clerk 5[One pass-port size
photograph and a copy of challan receipt bearing Rs. 50 duly deposited in
the concerned Court]. The application shall also contain the particulars as
laid down in Rule 384. The renewal shall not ordinarily be refused. If
refused, the reasons, therefor shall be recorded in writing by the
Registering authority. The renewed licence, if not received by the
concerned Clerk, shall be destroyed by the end of the following March.
Note - No card which has been lost can be renewed without payment
of fee of Re. 1 to the credit to the Government the same fee shall also be levied
while a Pleader or Mukhtar applied for registration of a Clerk in place of another
unless he gives up the card of such other Clerk.]
389. Cancellation of the card - Whenever a Pleader or Mukhtar
ceases to employ a Registered Clerk he shall notify the fact to the
Registering authority. Registering authority shall thereupon order
the removal of such Registered Clerk's name from the Register
and cancel the card and notify the same. On such notification of
cancellation, the Clerk shall surrender the card to the Registering
authority. He shall, however, have the liberty of applying for continuance
or renewal of the card, if he secures employment under another
Legal Practitioner. In such an event, he should produce written
consent of the said other Legal Practitioner to employ him.
1. Added by C.S.No. 88, XLlX-7/97, dt. 30.4.1999.

2. Substituted ibid.
3. Substituted by C.S. No. 47 -IX-9/87, dt.25.9.1987.
4. Substituted by C.S.No. 89, XLiX-O-7/97, dt. 30.4.1999.
5. Added ibid.
390. Suspension or cancellation of card - The Registering

Authority in the case of a Clerk Registered by it shall have the power
to enquire into any misconduct or default on the part of the Registered
Clerk and if after giving an opportunity to the Clerk of being
heard, the Registering Authority is satisfied that the Clerk is guilty of
misconduct or default in the course of his duties as Registered Clerk, he
may, by an order, suspend for a specified period. or cancel the card issued
to him. The period of suspension shall be noted in the Register as well
as in the card. If the card is cancelled, the Registered Clerk shall surrender
it to the Registering
authority and his name shall be struck off from the Register.
391. Appeal - Proceeding taken against the Registered Clerk
under the preceding rule are administrative and not judicial proceedings.
The Registered Clerks may appeal against the orders passed by
the Registering Authority other than the District Judge to the District
Judge whose orders in the matters shall be final. In case of Clerks
whose Registering Authority is the District Judge, no appeal would
lie against the order of the District Judge which shall be final.
392. Acts which may be performed by a Registered Clerk - A
Registered Clerk shall not make any motion or advance any argument
in Court. He may act in matters of routine nature and may do the
following acts, viz. :
(1) receiving notices on behalf of his master;
(2) taking back an appeal or application filed, in any Court if
found defective or return for presentation in another Court ;
(3) presenting an application signed by his master in any
Court of office for copy of document, inspection of a
record; and
(4) filing necessary stamps and Court-fees in Courts, depositing
money, filing Vakalatnama and identifying persons known
to him.
393. Prohibition for recommendation - No person whose name
has been struck off the Register shall be recommended for registration by any
Pleader or Mukhtar at the same or any other station.
394. Registered Clerk not to work for other Legal Practitioners -
No Clerk Registered as the Clerk of one Pleader or Mukhtar shall work or do
business on behalf of any other Pleader or Mukhtar or in any case in which his
employer is not engaged.
395. Restriction on the filing of papers in Court by a Registered
Clerk - No Clerk Registered as the Clerk of a particular Pleader or
Mukhtar shall except in the absence of his employer pass or hand
over to another Pleader or Mukhtar any paper written by him to be

396. Restriction on the writing deed or document by a Registered

Clerk - No person Registered as the Clerk of a Pleader or Mukhtar shall
write out any deed or document for any client of his master unless an
endorsement is made on the document itself by the Pleader or Mukhtar as
the case may be, to the effect that it has been written at his direction.
397. Applicability of the rules to Advocate’s Clerk - The Rules
regarding registration of Pleader's Clerks shall also apply to the Clerks of
the Advocate ordinarily practising in Subordinate Courts
CHAPTER - VII
Rules Regarding Vakalatnama and Mukhtarnama
398. Vakalatnama and Mukhtarnama - No Pleader shall be
entitled to make or do any appearance, application or act in any criminal
case or proceeding for any person unless he presents an appointment in
writing duly signed by such persons or his recognised agent or by some
other agent duly authorised by power-of-attorney to act in his behalf, or
unless he is instructed by an attorney or Pleader duly authorised to act on
behalf of the person:
Provided that no such appointment in writing shall be necessary in
the case of Pleader appointed by the Government or the Court to act,
appear or plead on behalf of an accused or convicted person.
Note - The term ‘Pleader’ in the rule is to be understood as defined in
Section 2(q) of the Code of Criminal procedure, 1973.
399. Stage up to which the appointment continues -
Notwithstanding the termination of all proceedings in the trial or inquiry,
the appointment of a Pleader in a criminal case, shall, unless otherwise
provides therein or determined by the death of the party engaging him or
of the Pleader or by revocation in due course, be deemed to authorise him
to appear or to make any application or to do any act in connection with
getting copies of judgments or other documents and obtaining return of
document or exhibits produced or filed in the case.
400. Fresh appointment when permissible - An Advocate or a
Pleader proposing to file a Vakalatnama or an appearance in any criminal
case or proceeding in which there is already an Advocate or a Pleader on
record, shall not do so, unless such Advocate or Pleader is dead or has
retired from the case, or unless a written consent of such Advocate or
Pleader is produced, which consent will not be refused when his dues
according to the written terms of the agreement signed by the client or
duly authorised agent have been paid to him subject, however, to the
discretion of the Court to pass orders to the contrary, or when the consent
of such Advocate or Pleader is refused, unless he obtains the permission of
the Court.

401. Legal Practitioner when cannot stand as a bailor - An
Advocate or Pleader holding a power to conduct any case or
proceeding for the accused shall not stand as a bailor or a surety for
him in the said case.
CHAPTER - VIII
Miscellaneous Instructions
GENERAL
402. Channel of correspondence for Judicial Officers - Every
communication made to the High Court by a Judicial Officer under
the Administrative control of the District Judge whether it be an
application regarding leave, transfer, promotion or any matter, shall
be made through the Sessions Judge and not otherwise.
403. Mode of communication to the High Court - All
communications intended for the High Court should be addressed to
the Registrar, unless they relate to case work in its appellate or
revisional jurisdiction in which case they should be addressed to the
Deputy Registrar. For telegrams sent to the Registrar, the State Code
Address “High Court” will be sufficient.
404. Numbering pages and paragraphs - The pages and
paragraphs of annual and inspection reports and similar lengthy
communications submitted to the High Court should invariably be
numbered.
405. Prohibition of issue of general order - Sessions Judges,
Chief Judicial Magistrates and District Magistrates are prohibited from
issuing general orders in the form of circulars on judicial matters to the
officers subordinate to them. If there be any matter connected with the
administration of criminal justice which, in their opinion, require the
issue of a general order for the information and guidance of Courts
subordinate to them, they should submit such orders for the
confirmation and approval of the High Court without which it should,
in no case, be issued. While submitting such orders relating to law and
procedure, they should give an analysis of relevant provisions of law
with reference to all authorities for and against the proposal.
Note - This rule is not to be avoided or defeated by the issue of such
orders under the guise of 'Standing Orders'.
406. Prohibition of issue of general instructions - Sessions
Judges, Chief Judicial Magistrates and District Magistrates, should
not without permission previously obtained from the High Court issue
general instruction or circular orders of any kind for the guidance of
officers subordinate to them.
407. Administrative Control of Sessions Judge - Subject to the
superintendence of the High Court, the Sessions Judge shall have
administrative control over all Criminal Court within his jurisdiction.
408. Channel of returns and correspondence - The Chief

Judicial Magistrate should submit returns and make correspondence
with the High Court and the Government through the Sessions Judge
except in cases of exceptional urgency when he may correspond
direct with the High Court after sending a copy to the Sessions Judge.
409. Advance tour programme of the Chief Judicial
Magistrate - The Chief Judicial Magistrate should submit tour
programme in advance and tour diaries subsequently to the Sessions
Judge for the latter’s scrutiny.
PART VII
RULES UNDER SPECIAL ACTS
CHAPTER - I
l[The Oaths Act, 1969 (Act No.44 of 1969)
410. The forms of oath or affirmation prescribed under Section 6
of the Oaths Act, 1969 (Act No.44 of 1969) shall be used].
FOR WITNESSES
Oath
I swear that the evidence which I shall give in this case shall be
true that I will conceal nothing, and that no part of my evidence
shall be false.
So help me God.
Affirmation
I solemnly declare that the evidence which I shall give in, this
case shall be true, that I will conceal nothing and that no part of my
evidence shall be false.
FOR INTERPRETERS
Oath
I swear that I will well and truly interpret, translate and explain
all questions and answers, and all such matters as .the Court may
require me to interpret, translate and explain
So help me God.
Affirmation
I solemnly declare that I will well and truly interpret, translate,
and explain all questions and answers, and all such matters as the
Court may require me to interpret, translate, or explain.
1. Substituted by C.S. No. 47-IX-9/87. Dt.26.9.1987.

2. Christian witnesses and interpreters, to whom oaths are
administered are to be sworn upon the New Testament.
3. In other cases the oaths are to be administered upon such
symbol or accompanied by such act, as may be usual or as. Such
witness or interpreter, may acknowledge to be binding on his
conscience.
CHAPTER - II
Trial of Persons subject to Military,
Naval or Air Force Law
411. Following rules by the Central Government are reproduced:
(1) (i) These rules may be called the Criminal Courts and Court
Martial (Adjustment of Jurisdiction) Rules, 1952.
(ii) The extend to the whole of India except the States of
Jammu and Kashmir and Manipur.
(2) In these Rules unless the context otherwise requires -
(i) ‘Commanding Officer’;
(a) In relation to a person subject to Military law means the
officer commanding the unit or detachment to which such
person belongs or is attached;
(b) In relation to a person subject to Naval law means the
Commanding Officer of the ship to which such person for the
time being belongs; and
(c) In relation to a person subject to Air Force law means the
officer for the time being in command of the unit or
detachment to which such person belongs or is attached.
(ii) ‘Competent Military authority’ means the officer
commanding the army, army corps, division, area, corps or
independent brigade or sub-area in which the accused person
is serving and [except in cases falling under Section 70 of the
Army Act, 1950 (LVI of 1950)] where death has resulted, the
officer commanding the brigade or sub-area or station in
which the accused person is serving.
(iii) ‘Competent Naval authority' means the Chief of the Naval
Staff or Flag Officer (Flotilla) Indian Fleet or Commodore-in-
charge, Bombay, Commodore-in-charge, Cochin, or Naval
Officer-in-charge, or Senior Naval Officer present; and
(iv) ‘Competent Air Force Authority' means the officer
commanding the command, wing or station in which the
accused person is serving, and when death has resulted
[except in cases falling under Section 72 of the Air Force Act,
1950 (XLV of 1950)] Chief of the Air Staff.
(3) Where a person subject to Military, Naval or Air Force law is
brought before a Magistrate and charged with an offence for
which he is liable to be tried by a Court Martial, such
Magistrate shall not proceed to try such person or to inquire with a

view to his commitment for trial by the Court of Session or the High
Court for any offence triable by such Court, unless -
(a) he is of opinion, for reasons to be recorded, that he should so
proceed without being moved thereto by competent Military,
Naval, or Air Force Authority, or
(b) he is moved thereto by such authority.
(4) Before proceeding under Clause (a) of Rule 3, the Magistrate
shall give written notice to the Commanding Officer of the accused
and until the expiry of a period of seven days from the date of the
service of such notice, he shall not-
(a) convict or acquit the accused under Sections 243, 245, 247 or
248 of the Code of Criminal Procedure, 1898 (V of 1898), or
hear him in his defence under Section 244 of the said Code; or
(b) frame in writing a charge against accused under Section 254
of the said Code; or
(c) make an order committing the accused for trial by the High
Court or the Court of Session under Section 213 of the said
Code; or
(d) transfer the case for inquiry or trial under Section 192 of the
said Code.
(5) Wherewithin the period of seven days mentioned in Rule (4),
or at any time thereafter before the Magistrate has done any act or
made any order referred to in that rule, the Commanding Officer of the
accused or competent Military Naval or Air Force authority, as the
case may be, gives notice to the Magistrate that in the opinion of such
authority the accused should be tried by a Court-Martial, the
Magistrate shall stay proceedings and if the accused in his power or
under his control, shall deliver him, with the statement prescribed in
Sub-section (1) of Section 549 of the said Code to the authority
specified in the said Sub-section.
(6) Where a Magistrate has been moved by competent Military,
Naval or Air Force authority, as the case may be, under Clause (b)
of Rule (3), and the Commanding Officer of the accused or competent
Military, Naval or Air Force authority, as the case may be,
subsequently gives notice to such Magistrate that, in the opinion of
such authority, the accused should be tried by a Court material, such
Magistrate, if he has not before receiving such notice done any act or
made any order referred to in Rule (4), shall stay proceedings and, if
the accused is in his power or under his control shall in the like
manner deliver him, with the statement prescribed in Sub-section (1)

of Section 549 of the said Code to the authority specified in the said
Sub-section.
(7) (i ) When an accused person has been delivered by the
Magistrate under Rules (5) and (6), the Commanding Officer of the
accused or the competent Military, Naval or Air Force authority, as the
case may be, shall, as soon as may be, inform the Magistrate whether
the accused has been tried by a Court martial or the effectual
proceedings have been taken or ordered to be taken against him.
(ii) When the Magistrate has been informed under Sub-rule
(1) that the accused has not been tried or other effectual proceedings
have not been taken or ordered to be taken against him, the Magistrate
shall report the circumstances to the State Government which may,
in consultation with the Central Government, take appropriate steps to
ensure that the accused person is dealt with in accordance with law.
(8) Notwithstanding anything in the foregoing rules, where it
comes to the notice of a Magistrate that a person subject to Military,
Naval, or Air Force law has committed an offence, proceedings in
respect of which ought to be instituted before him and that the
presence of such person cannot be procured except through Military,
Naval or Air Force authorities, the Magistrate may be a written
notice required the Commanding Officer of such person either to
deliver such person to a Magistrate to be named in the said notice for
being proceeded against according to law, or to stay the proceedings
against such person before the Court martial, if since instituted, and to
make a reference to the Central Government for determination as to
the Court before which proceedings should be instituted.
(9) Where a person subject to Military, Naval or Air Force law
has committed an offence which, in the opinion of competent Military,
Naval or Air Force authority, as the case may be, ought to be tried by a
Magistrate in accordance with the civil l-aw in force or where the
Central Government has, on a reference mentioned in Rule (8),
decided that proceedings against such person should be instituted
before a Magistrate, the Commanding Officer of such person shall
after giving a written notice to the Magistrate concerned deliver such
person under proper escort to that Magistrate.
CHAPTER - III
Probation of Offenders Act
412. Register of probation of offenders - All Criminal Courts
except the Court of Executive Magistrate shall maintain a Register of
probation of offenders in Form No. (R) 40 in which cases of all,
persons dealt with under the provisions of Probation of Offenders Act
shall be entered.

G.
G.R.R.C.C.O.O.
(Criminal) Vol.
(Criminal) I II
Vol.
1[413. Probation meeting - District Level Probation Meetings
may be convened at least once in three months at every district
headquarters. The District Probation Officer shall be convener of such
meetings and it shall be presided over by the Sessions Judge at the
headquarters of the Sessions Division. Such meetings should be
arranged on a Saturday in the afternoon, if not on a holiday .. ]
CHAPTER -IV
The Indian Stamps Act, II of 1899
414. Action to be taken when there is doubt as to genuineness
of stamp - When a Judicial Officer sees reason to doubt the
genuineness of a stamp filed before him, the stamp should be
forwarded to the Collector of the district, who will examine it and
satisfy himself, if possible as to its character, reporting the result to the
officer sending it.
415. Retention of a copy of the document - Care should be
taken to retain an examined copy of any document bearing a stamp
which may be forwarded the Collector under the above orders.
PART VIII
ACCOUNTS
CHAPTER - I
General
Application of the Rules
416. Account rules - The following rules prescribe the procedure
for the receipt and payment of money and for keeping accounts to be
observed by officers exercising judicial powers and dealing with
money in that capacity. They apply to all Criminal Courts of the State.
417. (a) Definitions - In these rules -
(i) “Sessions Judge” means the officer who renders accounts to the
Accountant-General in respect of his own Court and the Court
subordinate to him.
(ii) “District Magistrate” means the officer who is liable to render
accounts to the Accountant-General in respect of his own Court
and the Courts of Executive Magistrates subordinate to him.
(iii) “Chief Judicial Magistrate” means the officer who, in the
district where there is no Sessions Judge, renders accounts to
the Accountant-General in respect of his own Court and Courts of
Judicial Magistrates of the District subordinate to him.
1. Substituted by C.S.No.52-IX-12/87,dt. 10.3.1988

(Iv) “Judge-in-charge” means, in the headquarter station of the
Sessions division, the Registrar, Civil and Sessions Court
who supervises the single set of accounts maintained for all
the Judicial Courts in the station. In the other district
headquarters any Judicial Officer of the station authorised to
be in charge of accounts with the approval of the Sessions
Judge, by the Chief Judicial Magistrate and in the outlying
station the Subdivisional Judicial Magistrate or any other
Judicial Magistrate (as the case may be) authorised with the
approval of Sessions Judge by the Chief Judicial Magistrate
to be in charge of account.
(v) “Magistrnte-in-ciwrge” in regard to the Courts of
Executive Magistrate at the district headquarters is the
officer who supervises the single set of accounts for all the
Courts of Executive Magistrates of the station. In the
outlying Subdivision the Subdivisional Magistrate would
function as the Magistrate-in-charge of accounts for
all the Courts of Executive Magistrates of the station.
In the outlying station any Executive Magistrate authorised
by the District Magistrate to be in charge of accounts
shall be the Magistrate-in-charge of accounts.
(vi) “Day” shall be taken to close at 1 P.M. on week days and
11-30 A.M. on Saturdays, and the “next day” to extend from
that hour to 1 P.M. of the following calendar day, if it is a
week day and to 11-30 A.M. if it is Saturday : “Provided
that in case of morning sittings of the Court
Day shall be taken to close at 9 A.M., on all days and the
next day to extend from that hour to 9 A.M. of the following
calendar day”.
(vii) “Month” shall be taken to close in Courts at district
headquarters at the end of the last account day of the month.
(v iii) “Year” shall be taken to being on the 1st April and to
close on the 31st March.
(b) Delegation of Powers - A Sessions Judge, a Chief Judicial
Magistrate or a District Magistrate cannot delegate powers as regards
accounts to any of his subordinates. What he can do, when necessary is to
authorise any other officer to be in charge of accounts without In any
way relieving himself of the responsibility for the due accounting of all
receipts and payments. When this is done, the Sessions Judge's or
Chief Judicial Magistrate's or District Magistrate's establishment will
do all the work in connection with the accounts and the officer - in-charge
of accounts will sign the papers as if he ere placed in

Charge of the current duties of the Sessions Judge, Chief Judicial

Magistrate or the District Magistrate as the case may be.
418. Heads of account - The following are the heads of
accounts in the public accounts under which the money received and
paid by Criminal Courts or under their orders, is classified :-
(A) Criminal deposits including compensation, fines and costs in
criminal cases not paid at the spot in open Court.
(B) Fines (Judicial) - refunds of the same.
(c) Stamp duty and penalties realised in Court.
(D) Value of the unclaimed property credited to Government.
(e) Other general fees, fines and forfeiture, i.e., General forfeitures
and forfeitures of earnest money by defaulting bidders.
(f) Miscellaneous receipts, that is, other items.
Note 1 - Details of accounts credited as “other items” should invariably
be furnished to the Treasury Officer
Note 2 - Service books are sold direct from the Treasury to parties
requiring them. There can, therefore, be no cash receipts on this account.
Note 3 - The Collectorate Nazir sells saleable forms and keeps an account
in the form prescribed by the Board of Revenue. The Nazir of other Courts who
also sell saleable forms keep an account in Form No. (A) 17-B.
(g) Sale proceeds of old stores and materials.
Note - The Treasury Officer should invariably be informed of the nature of
the items, i.e., whether furniture or. stores, etc.
(h) Peremptory receipts, i.e., Witnesses, expenses, prisoners,

diet money, boat-hire and other peremptory receipts
Note - Peremptory cash-book is not required to be maintained by
Executive Magistrates, such receipts must be entered in the general cash-book.
419. Manner of showing different heads of accounts - The
receipts and payments under head (a) must appear in the Court’s
account in detail but in the treasury account in which a personal ledger
account only is maintained for this head, the daily totals of receipts
and payments at the Court and the individual items of receipts and
payments at the treasury will appear. All receipts and payments under
heads(b) and (d) to (f) must appear in the Court's accounts and in the
treasury account in detail. An account in detail of all receipts under
heads (c) and (g) must be kept in Court, but only the daily totals of
each kind of receipts will appear in the treasury books. All receipts and
payments under head (h) will be made on the responsibility of the
cashier whose security must be sufficient to cover any amount in his
hand and the balance in the hand of the cashier must be included in
hand of the cashier must be included in the cash-book. They will not
appear in the treasury accounts, but a statement in Form No. (A) 6-A
showing the gross amount of receipts and disbursements during the
month must be sent to the treasury on the last working day of each
month of incorporation in the treasury accounts for the same month.
1[Note - Fractions of a rupee shall be brought into accounts by rounding
off to the nearest rupee, i.e. fractions of 50 paise and above to be rounded off to
the next higher rupee and the fractions of less than 50 paise to be ignored.]
Direct payment by one person to another not to appear in

Court’s account - Provided that where money has to be paid by one
person to another and both are present in Court, the money should be
passed direct from the one to the other under the sanction of the Court,
the fact being noted in the record of the case. No officer of the Court
shall, however, receive or become in any way responsible for the
money. These transactions will not appear in the Court's account at all.
Note - Advantage of this proviso may be taken in cases where
compensation is awarded to accused persons or costs to complainants by the
Criminal Courts in non-appealable cases or when sums in excess of those paid
into Court are to be paid to witness. Compensation to accused persons or costs
to complainants in criminal cases, whether paid on the spot in open Court or not
shall be entered in red ink in the Register of criminal fines as laid down in Rule
(18) (b) of Appendix IV.
420. Direct receipts and payments when to be avoided -
Judges and Magistrates will as far as possible in their transaction with
public avoid direct receipt and payment of money under head (a) of
Rule 418 :
Cash receipts - Provided that the cash must be received in the
following cases -
When any sum is tendered in payment of criminal fines including
compensation under Section 250, Criminal Procedure Code or
Section 357, Criminal Procedure Code, or Section 22 of the
Cattle Trespass Act and costs awarded in non-cognizable cases
under Section 359 of the Criminal Procedure Code.
421. Receipts and repayments - (a) Money under heads (b) and
(h) of Rule 418 may ordinarily be received in cash in the Criminal
Courts.
. (b) The repayment under any of the heads of the Rule 418 except
(h) should be made only through the treasury.
1. Substituted by C.S.No. 56-XLlX-D-15/87, dt.22.12.1989.

(c) Under head (h) payments will ordinarily be made in cash by

the cashier on his own responsibility.
(d) No refund should be made on account of head (g).
CHAPTER - II
Receipt of Money
422. Chalans to accompany payments - Payment of sum falling
under heads (a) to (g) of Rule 418 cannot be accepted at the treasury
unless the payment is made by the Nazir, with the pass book and a
chalan in duplicate.
Note - No chalan is necessary for paying into Court criminal fines including
compensation and costs.
423. Chalans to be supplied free of cost - Any person desirous
of paying money into the treasury or in the case of collections made
by any officer, the officer who has realised the money, shall be
furnished free of cost with three forms of chalan (A-I) in each of
which he must enter in English the particulars required from him.
Note - In the case of deposit chalan, care must be taken to enter fully
the nature of the deposit, the number of the case (if any), the name of the
person on whose behalf the money is paid or the person to whom it is to be
paid over to, etc.
424. No chalans for peremptory cash payment - Peremptory
receipt under head (h) of Rule 418 shall be tendered to the cashier
direct without the intervention of the Accountant. A chalan is not
required in respect of such payments.
425. Receipt of money by cashier - The cashier of the Court
of Executive Magistrate on receiving money under Rule 424 shall
accept it and enter the amounts as a receipt in the cash book in Form
No. (A) 16. The cashier of all other Courts shall on receipt of such
amounts shall enter therein detail in the peremptory cash book in Form
No. (A) 16 and carryover the daily totals to the general cash book in
Form No. (A) 16.
426. Acknowledgement of payment by means of Chalan - Or
presentation of the chalan (in triplicate) at the treasury and on payment
of the money, the payer shall receive, as an acknowledgement, one of
the three chalans signed, by the Treasury Officer if the amount be
Rs. 500 or more by the Accountant and Treasurer if less than that sum.
Of the two copies of the chalans retained by the Treasury Officer, one
copy shall be forwarded to the Judge-in-charge or Magistrate-in-
charge, as the case may be, together with the advice lists referred to in
Rule 446 ..
427. Grant of receipt by cashier - When money is tendered
under Rule 424 the cashier shall enter the amount in the foil and
counterfoil of a bound book of receipts numbered in serial order
[Form No. (A) 24]. He shall then tear off the counterfoil, sign it and
give it to the payer as his voucher.
428. General cash book to exhibit details - The Cashier’s
general cash book shall be maintained in Form No.(A) 16 and shall
exhibit in detail all receipts, repayments and remittances to the
treasury.
429. General cash book to show balance of all accounts - The
cashier shall then strike a balance in words as well as in figures in his
general cash book. He should be required also to enter here a note of
the moneys held by him upon any other accounts, such as for
contingent expenditure. These forms no substantive part of the judicial
accounts, but the Sessions Judge, Chief Judicial Magistrate or District
Magistrate, as the case may be, ought to have in a single view a
statement of all the money in the cashier's possession. This statement
may be made as follows ;-
Balance of general cash-book as above :- Rs. P.
General balance .....
Balance of permanent advance .....
as per Contingent Register. .....
Other amounts (which should be ......
Explained)
---------------
Total money in cashier's possession
---------------
CHAPTER - III
Payment of Money
430. Application for payment - Persons desiring to draw money
deposit in Court, and payable to them shall submit to the Chief
Ministerial Officer of the Court under whose order the money was
tendered, an application in Form No. (A) 2 Criminal. One copy of
such form shall be supplied free of charge. In this form the applicant
shall enter all particulars necessary for the identification of the credit.
If it is intended to withdraw more than a single item of deposit made
in the same case by one application, the number or date and amount of
each deposit must be distinctly stated. Separate applications are
necessary when cases are different.
Note 1 - If the party entitled to the money does not appear in person,
the applicant must satisfy the Court that he is duly authorised, by an
instrument in writing, to draw the money for the person so entitled.
2. The applicant must comply strictly with the terms of the order under
which the money is claimed.

431. Audit of application - (a) The Chief Ministerial Officer
shall compare the application with the record of the case and carefully
test the validity of the claim. If he finds that the name of the payee has
been correctly given, and that there is no objection to the payment of
the money on the ground of attachment or otherwise, he shall sign the
certificate at the foot of Part I of the application. The application will
then be laid before the Presiding Officer along with the record of the
case. The Presiding Officer after any enquiry that may be necessary
about the identify of the claimant, shall sign the certificate in Part I in
open Court and hand over the certified application then and there to
the claimant or his Pleader for presentation to the Accountant. At the
same time a note of the issue of the payment order shall be made
(in red ink) in the order sheet of the original case and installed by the
Presiding Officer, and an endorsement shall be made on the back of
the application and signed by the Presiding Officer to the following
effect -
Certified by me and issued to the applicant, who is identified by
Mr. .................... Pleader, or to Mr. .................. the applicant, a Pleader
who acknowledged his signature on the face thereof. The issue of this
payment order has been noted on the order sheet of Case No. ...............
of .......................
(Signed) X. Y.
Name and designation
(b) The Accountant shall compare the contents of the application
with the Register of Deposits receipts and shall satisfy himself that the
amount as shown has been received and is still unpaid and that the
name of the claimant corresponds with the name of the payee entered
in the Register, and that no order for the attachment of the money is in
force. If deposit has been transferred to the Clearance Register, such
Clearance Register shall be deemed to be the Register of Deposit
receipts within the meaning of this rule and Rules 434 to 437.
Note - The Chief Ministerial Officer will note in the order sheet of the
record of the case that the application for payment order has been passed so
that a second claim for the amount may be checked. This note should be signed
by the Chief Ministerial Officer and also by the Presiding Officer.
432. Audit of application in the Record Room - If the record
of the case has been despatched to the Record Room of the Sessions
Judge or the District Magistrate under the orders of the High Court
relating to the periodical despatch of records, the Presiding Officer of
the Court, to which the application is made, shall forward it to the
Sessions Judge or District Magistrate, as ,the case may be, whose
record keeper will certify, under countersignature of the Judge-in-
charge or Magistrate-in-charge of the Record Room as the case
may be that a specified sum of money is due to the applicant. On
receipt of such certificate the Chief Ministerial Officer of the
Subordinate Court, if he finds that there is no objection to the payment
of the money, shall sign the certificate at the foot of Part I of the
application and then lay it before the Presiding Officer who shall deal.
with it in the manner prescribed by Rule 43l.
Note - The Record-Keeper will enter in the order sheet of the record of the
case a note that an application for payment order has been countersigned, so
that a second claim for that amount may not be passed. This note shall be
signed by that officer and also by the Judge-in-charge or Magistrate-in-charge of
the Record Room, as the case may be. A similar note shall also be endorsed at
the same time on the back of the application for the information of the Presiding
Officer.
433. Return of defective application - If the application for
payment is found to be incorrect or defective the Accountant shall
note the error or defect, and return it to the applicant for correction by
him, or for reference by the applicant to the Court.
Payment Order and Registry
434. Registry of payment order - If the application is found to
be correct, and the deposit has not lapsed, the Accountant shall fill up
the of payment order [Form Na.(A) 9], numbered with its proper
index number and make the requisite entry in the Register of Deposit
Receipts. Finally the application, with the Register of payment orders
and the Register of deposit receipts shall be laid before the Judge-in-
charge or Magistrate-in-charge as the case may be.
Approval by Judge-in-charge
435. Passing of payment order - Before passing the application
for payment the Judge-in-charge or the Magistrate-in-charge as the
case may be, is required to satisfy himself, in the first instance that the
requirements of Rule 431 have been complied with. He shall further
satisfy himself by personal inspection of his Register of Deposits, that
the balance of credit of the particular Deposit is sufficient to meet the
payment, and that no order for the attachment of the money has been
noted. If the result of his scrutiny is satisfactory, he may sign the order
for payment of the amount from the local treasury as prescribed in
Rule 421 and shall attest with his initials the note of the order of
repayment made in the Register of Deposit Receipts. He shall also
initial the entries in the Register of Payment Orders [Form Na.(A) 9].
The payment order shall then be made Over to the applicant for
presentation to the Treasury Officer.
Note - A list of all payment orders made ready during the day should be
sent to the Bar Association before 3 P.M. in case of day sitting and 10 A.M. In
case of morning sittings.

436. Passing of payment order application relating to one

Court filed in another Court - When the money sought to be drawn,
out of Court is in deposit, not in the Court to which the application is
made but in an other Court, as for example, where two or more Courts
at one station are combined for the purposes of accounts in every such
case, the duty of the Court to which the application is made shall be
merely to receive such application and forward it to the Judge-in-
charge or Magistrate-in-charge, as the case may be, with a certificate,
made after examination of the record, as provided in Rule 431, that the
applicant is the proper party to receive payment of the amount
claimed. In any case in which the amount has been transferred from
the credit of the original payee to that of the claimant this fact should
be stated. This certificate shall be compared with the deposit Register
in the office of the Judge-in-charge or Magistrate-in-charge, as the
case may be. Such Register, if the sum is shown therein to be in
deposit, will inform the concerned Magistrate whether there is any bar
to payment. If there is no such bar, the payment order may be issued
by the Judge-in-charge or the Magistrate-in-charge, as the case may be
and the fact of its issue shall be communicated to the Court upon
whose certificate the application was passed in order to enable it to
enter satisfaction for the amount upon the record of the case.
Note - The certificate should be given on the payment order, that is to say
in the triplicate Form No.(A) 2 Criminal at foot of Part I in the place intended for it;
and in recording the payments in the Register of Payments, particulars may be
entered as to the Court under whose orders the payments have been made.
Lapse of Order
437. Time for encasement of payment - (a) An order for
payment from the local treasury is valid for ten days only, and may not
be cashed after the expiry of ten clear days subsequent to the date
thereof. An order which has not been paid within ten days, as
aforesaid, may be presented to the Court which issued it, and such
Court may re-enface thereupon a new payment order, which shall
remain valid for ten clear days immediately after the date thereof.
When the last day of any such period of ten days is a day on which
the treasury is closed, the order may be cashed on the day on
which such treasury reopens.
(b) When such orders as aforesaid, is for a sum exceeding Rs.100
it should be included in a 'Daily Advice List in Form No. (A) 5,
Criminal, to be issued by the Court making the order to the local
treasury where the cheque is to be paid.
(c) When the treasury accounts are closed on the 31st day of
March in each year, every order for payment issued on or before

that date shall lapse absolutely, and Treasury Officers are forbidden to
cash after the 31st March, orders issued on or before that date. An
order which has lapsed under this clause cannot be renewed but a new
order may be obtained upon delivering up the old order and making a
fresh application under Rule 430
Note - Judges and Magistrates should warn persons who apply for orders
at the end of March to be effect of this rule, and tell them to wait till April 1st
unless they mean to cash immediately any order that they may obtain.
(d) Immediately after 31st day of March in each year, the Judge-
in-charge and Magistrate-in-charge shall ascertain that payment orders
issued on or before that date are still uncashed, and shall mark them
off under their initial in the Registers (1) of payment order and (2) of
deposit receipts, as “cancelled under Rule 437 (c)”.
Lapsed Deposits
438. Lapsed deposits - (1) When an application is made to draw
money at credit under a deposit which has lapsed under Rule 463 but
the payment of which is otherwise unobjectionable, the application
shall be made in Form No. (A) 2 and the procedure prescribed in Rule
431 above shall be followed after which the Accountant shall prepare
a special form of application in Form No.(A) 3 Criminal, which, when
passed by the Judge-in-charge, after the examination prescribed by
Rule 435, shall be dealt with under Rule 466.
(2) At the time of passing the application in Form No.(A) 3, the
Judge-in-charge or Magistrate-in-charge as the case may be shall have
an endorsement written on the back of the application in Form No.(A)
2 to the following effect : -
“Certified that an application to the Accountant-General in
Form no. (A) 3 has been prepared and passed by me on (date).
(Signed) X.Y.
Judge-in-charge / Magistrate-in-charge”
Refunds under heads (c) to (9) of Rule 418
439. (a) Refund under heads (b) to (g) - When an application
is made for the refund)of fine or a miscellaneous receipt under heads
(b) and (d) to (f) of Rule 418 the payment order shall be prepared by
the Accountant in Form No. (A) 4 after checking the application by a
reference to the Find Register or Miscellaneous Receipt Register and
the Judge-in-charge or Magistrate-in-charge as the case may be at the
time of passing the Refund Order, shall note the repayment against the
entry of the receipt in such Register. The Payment Order shall also be
noted in the Register of Payment Order Form NO.(A) 9 and installed
by the Judge-in-charge or the Magistrate-i-charge as the case may be.
(b) Refund of fines on orders by the Appellate Courts - When

an Appellate Court orders a fine to be refunded, it shall be the
duty of the Court which imposed the fine immediately on receipt of the
Appellate Court's order for the refund, to prepare a payment order on the
treasury, if the fine has been levied, attaching a copy of the Appellate
Courts order thereto and to deliver it to the payee whether he applies for
it or not with instructions to duly receive the bill and present it for
payment at the treasury. In such case, no written application shall be
required from the payee and should such an application be made, it shall
be exempted from stamp duty.
(c) Refund of fines on order of the revisional Courts - The
same procedure shall also be followed in respect of cases dealt with on
revision.
(d) Procedure when the Court sets aside the sentence of fine- In
case in which a sentence of fine passed by a Magistrate is on firmed by
Court of Sessions, but set aside by the High Court on revision, it shall be
the duty of the Sessions Judge to whom the order of the High Court is
certified immediately to apprise the Magistrate concerned of the order of
the High Court by sending him a certified copy of such order.
Refunds of criminal deposit when the
amount does not exceed Rs.100
440. Refund of criminal deposits not exceeding Rs.I00 -
Notwithstanding anything contained in the rules in this Chapter
refunds of criminal deposits or amounts deposited in excess where the
amount involved does not exceed Rs.100 may be paid by postal
money order subject to the following rules:-
(1) On receipt of a refund order passed by the Sessions Judge,

Chief Judicial Magistrate, District Magistrate or other officer
concerned, the Treasury Officer may, at his discretion, issue
a notice: (a) inviting the person to whom the refund is to
be made, to receive payment at the treasury; and (b)
intimating that the failure to comply with the invitation
within one month (or such longer period as may appear
necessary), the amount of the refund will be remitted to the
payee by postal money order at his expense.
(2) When the payee appears in person at the treasury, the
Treasury Officer should see that no avoidable delay occurs in
getting the voucher for the refund signed by the payee who
may then receive the payment personally or by a duly
authorised agent, or by money order at his own expense.

(3) When a money order is issued under Clause (b) of the notice
referred to in Sub-rule (1), the purpose of the remittance
should be stated briefly by the Treasury Officer on the
acknowledgment portion of the money order in continuation
of the printed entry there “Received the sum specified above
on ..............” sufficient space being left below the
manuscript entry thus made for the signature or thumb
impression of the payee. The amount of the money order
should not be remitted in cash to the Post Office but the
Treasury Officer should send a money order form duly. filled
in together with a certificate that the amount of the order and
the money order fee thereon have been credited to the Post
Office in the treasury account by per contra transfer. The
Post Office will accept the money order on the authority of
the Treasury Officer’s certificate.
(4) On receipt of the money order acknowledgment duly
signed by the payee, it should be attached to the usual
receipt in Form 13 or 31 as the case may be, in which the full
amount of the refund and the deduction made here from on
account of the money order fee should be shown clearly; the
receipt will then be disposed of in the usual way. The
Accounts Department will accept such voucher with the
money order acknowledgment as a valid receipt for the full
amount of the refund entered therein.
441. Each item of payment order to be connected with Courts
debit in the treasury - In so far as concerns the accounts system, it is
invariably necessary to trace each item of payment under the Court’s
orders back, to its corresponding item of receipt; in other words to
connect each item of a Court’s debit in the treasury with the
corresponding item of credit however far in time the two
may be separated from each other. Accordingly, the Court must take
care to furnish itself and the treasury with the necessary particulars
for this purpose.
CHAPTER - IV
Account Keeping and Remittance to Treasury
Courts near Treasuries
442. Details of cash receipts to be shown in treasury pass book
- The Nazir shall, after the close of business each day make the proper
entries in the treasury pass book Form No, (A) 10 showing in Detail the
sum received from the public in cash.

443. Receipts in different heads of accounts - Every chalan or
money received under heads (a) to (g) shall be shown in detail in the pass
book, and the head of account shall be noted against each, so as to enable
the .Treasury Officer to bring the transactions in detail upon his books
and classify them correctly.
Note - It is necessary to show in the pass book the totals only of each chalan.
Each chalan may contain any number of items provided they belong to the same
head of account. .
Daily Remittance
444. Balance of peremptory receipts to be within the limit -
The balance of the cashier's account in respect of diet money and
other peremptory receipts should be observed every day by the Judge-in-
charge or Magistrate-in-charge as the case may be. He shall fix the
amount which the balance in the hands of the cashier shall not be
permitted to exceed. He shall for this purpose regularly transfer to
deposit such amount as will keep down the balance within the limit
prescribed. Should the money be subsequently required it shall be
withdrawn from deposit in the manner prescribed before and credited in
the General cash book. If such sums remain in deposit for three years,
they must be carried to credit of Government under Rule 463 relating to
lapsed deposits.
Note - Chalans for such deposits should be kept in a guard file.
445. Remittance to appear in cash book - (a) Having installed
the accounts of the day and signed the cash book, the Judge-in-charge or
the Magistrate-in-charge as the case may be, shall send the pass book to
the treasury or to a branch Bank together with the net amount in cash and
the chalans. This remittance must be entered in the cash book as a
payment for the day on which it is made.
(b) Cashier to keep only certain balance - It is important that
this be done before the business of the new day commences, and the
cashier should have in hand after each such remittance, only the balance
of the peremptory cash transactions and the other balances referred to in
Rule 429.
Treasury Advice List
446. Treasury Advice List - At the close of business each day,
the Treasury Officer shall prepare Advice list, in Form (A) 6 of all such
chalans and payment orders of the Judge-in-charge or Magistrate-in-
charge, as the case may be, as have been brought upon the treasury
accounts in the course of the day and shall forward them to such Judge-
in-charge or Magistrate-in-charge, as the case may be together with the
chalans referred to in Rule 426. In these lists shall be entitled in detail
such chalans and payment orders as have been
received or paid at the treasury or sub-treasury in cash.
447. Advice list of sub-treasury - The list prepared at the Sadar

Treasury for the Sessions Judge, Chief Judicial Magistrate or District
Magistrate shall include, besides the moneys received and paid on
account of their Courts, those transactions also which belong to their
respective subordinate Courts.
Comparison by Magistrate
448. Comparison of advice list with Court’s Register - On
receipt of this Advice List, the Judge-in-charge or Magistrate-in-
charge, as the case may be, shall cause the particulars of the payment
orders shown in it to be compared with the details recorded in his
Register of payment orders Form No. (A) 9 and shall further cause the
date of actual payment as certified by the Treasury Officer, to be entered
in the column prescribed for that purpose.
449. Checking to be followed by initial - These entries must be
installed by the Judge-in-charge or Magistrate-in-charge, as the case
may be, when he checks the posting in the deposit Register, as
prescribed in Rule 451 below.
CHAPTER - V
Deposit and Repayment Registers, Separation
of Petty Deposits
450. Deposit and repayment Registers - Two Registers of
Deposit Receipts shall be kept in Form No. (A) 11 and two Deposit
Repayments in Form No. (A) 12. One of these shall be termed as
Register of A deposits, and there shall be entered all deposits originally
exceeding 1[Rs.25]. The other shall be termed as Register of B
Deposit, and there shall be entered all deposits not originally exceeding
Rs. 25. Both Registers shall be kept in the same Form and shall be
posted in the same manner but with separate series of number
distinguished by the initial letter A and B, respectively.
Posting
451. Posting - As Soon as the treasury Advice List is received
(Rule 446), the Deposit Register will be posted for the date to which
it refers. The transactions shall be written up from the Advice List
chalans and Register of payment orders.
Note - The date of granting the payment order should be entered in the
repayment column in the Register of deposit receipts and the date of actual
payment in Column 4 of the Register of Deposits repaid.
452. Register of receipts - All items of deposit in these Registers
must, as directed above, be numbered in an annual consecutive series of
numbers commencing on 1st April and ending with the
1. Substituted by C.S. No. 64/95.
last day of March in each official year. Only the first eight columns
shall be filled in at first, the other column being intended for the
record of subsequent repayments.
Notes of claims, etc.

453. Notes of claim - As it is important that the Deposit Registers
in the Accounts Section should set forth in respect of each item all
information necessary in order to deal at once with applications to draw
money, all attachment processes and all orders as to the substitution of
parties which affect money in deposit, shall be noted at the time in the
Deposit Register. The Chief Ministerial Officer of the Court concerned
or some other specified under his supervision, shall be made responsible
for this duty.
Note - Whether the Chief Ministerial Officer’s responsibility is or is not to end
with the communication to the Accountant is a matter left to the discretion of each
Court but some specific order should be recorded.
Registers of Repayments
454. Posting in the Deposit Repayment Register - The Register
of deposit repayment Form No. (A) 12 shall be posted from the
Treasury Advice List and the payment order Register as directed
above.
455. Monthly closing of deposit and repayment Register -
(a) The Registers of deposit receipts and deposit repayments in Courts
at a Sadar station, shall be totaled and closed on the last day of each
month upon which the Sadar Treasury remains open, in such a way that
the period and the transactions included in the Court's books and returns
may correspond exactly with those included in the Treasury book and
returns.
(b) Final remittance to be in time - Care must be taken to make
the final remittance to the treasury in such time that it may be entered in
the accounts of the treasury for the month to which it belongs.
(c) Plus and minus memorandum - In each of the Registers
of Deposit Receipts prescribed by Rule 450, a plus and minus
memorandum must be drawn up at the end of the months entries in the
following terms :-
Balance of deposits from last month ..........................................
Received during the month, as per Register ...............................
Total
Repayment, as per Register ...................................................

CHAPTER - VI
Control over Subordinate Court
Responsibility
456. Responsibility of the Judge-in-charge - Every Judge or

Magistrate is responsible for all payments of deposits made on his
certificate or under his orders. In the case of receipts and payments of
petty or B deposits, no detailed check is exercised over his proceedings,
the accounts which he is required to render of these showing totals only.
In the case of A deposits, however, all sums received, and not paid out
during the month in which they have been received, and the balance of
such of case deposits as have been partly paid out, must be reported to the
Sessions Judge or Chief Judicial Magistrate or the District Magistrate, as
the case may be. It must be included in that officer's accounts and in his
return to the Accountant-General.
Daily return of subordinate Courts
457. Daily return of the Subordinate Courts - Every day,
after the Treasury Advice List has been received, and the deposit and
other Registers have been written up and checked with it, two
statements, showing the transactions of the date to which it refers shall
be prepared by the Judge-in-charge and forwarded to the Sessions
Judge, Chief Judicial Magistrate or District Magistrate, as the case may
be. The First of these statements Form No. (A) 22 shall show the total
amount of the entries in the deposit Registers and the totals of other
transactions brought on the Registers. The second shall be an extract
from Part I of the Register of deposit repaid Form No. (A) 12 giving the
particulars of repayments on account of deposits received during
previous months. At the foot of the first statement the Judge-in-charge or
Magistrate-in-charge, as the case may be, shall certify .that his Registers
of B deposits are written up-to-date and are in order.
Note 1 - It will be observed that these returns are intended to exhibit
actual receipts and payments, and that they are therefore to be complied
from the deposit Register, and not from the Register of payment orders.
2. - The Subordinate Courts referred to in Rule 456 and in Rule 457
are those which keep their own accounts and the accounts of other Courts
as well.
458 - At out-stations some delay in submitting the daily returns
is unavoidable, but this delay should not exceed the time necessary
for the Treasury Advice List to reach the Court. The date on which
the returns are actually signed should be noted on them by the
Judge-in-charge or Magistrate-in-charge, as the case may be.

Verification by Judge-in-charge or Magistrate-in-charge

459. Verification by the Judge-in-charge or Magistrate-in-
charge - At the time of signing the returns the Judge-in-charge or
Magistrate-in-charge, as the case may be, should have before them
the Registers of receipts and payment of deposits and-the Treasury
Advice List.
Examination by Sessions Judge
460. Examination by Sessions Judge - The statements furnished
by the Subordinate Courts shall, when received in the Session Judge’s/
Chief Judicial Magistrate’s or District Magistrate's office, be compared
with the corresponding Advice List supplied to him by the Treasury
Officers, under Rule 451. In the case of out-stations, the totals for the
whole month supplied by the Judge-in-charge or Magistrate-in-charge, as
the case may be, must agree with the totals for the whole month supplied
by the Treasury Officer, if only attention has been paid to the rules
regarding periodical remittance. In the course of the month the former
totals will ordinarily exceed the latter, and the difference must be taken to
represent cash transactions adviced by the Court, but not yet brought on
the treasury books. In the case of Courts near treasuries, no such
discrepancies should occur if the rules are properly observed. When any
such are noticed, immediate steps must be taken, under Sessions Judge’s
orders, to reconcile them.
Judge’s Register of Totals
461. Judge’s Register of totals - After examination, the totals of
deposits received and paid shall be posted into a Register to be kept by the
Sessions Judge or Chief Judicial Magistrate/District Magistrate in Form
No. (A) 22. This Register contains two sets of columns, one set relating to
A deposits and the other to B deposits. Separate portions of the Register
for the month must be allotted to each Subordinate Court, that is, for each
Subordinate Court a number of pages, according to the probable work,
must be assigned in the leaves devoted to that particular month. The
entries in respect of each Subordinate Court will thus come continuously
and in order of date, and they must be totalled at the end of the month.
462. Daily balance - In the portion of the Register which relates to B
deposits, a column has been provided for a daily balance which must be
struck by adding together the preceding day's balance and receipts, and
deducting the payments. The object of the daily balance is to afford the
Sessions Judge/Chief Judicial Magistrate/District Magistrate a ready
means of controlling Subordinate Courts in the receipt and payment of
small deposits as any excess of payments over receipts will be at once
detected.

Posting of Repayments of A deposit

463. Posting of repayment of A Deposit - (a) Taking up next
the detailed daily Register of deposits repaid Form No. (A) 12 the
repayments must be posted against the corresponding entries in the
judge’s daily Register of deposits received [Form No. (A) II] and must
be installed by the Sessions Judge Chief Judicial Magistrate/
District Magistrate in the same manner as repayments authorised by
himself. They must also, at the same time, be copied into his Register of
deposit repayments [Form Na.(A) 12].
(b) As each payment is noted in the Session Judge's/Chie/
Judicial Magistrate's/District Magistrate's Register and district
number (Rule 467) against which the payment is charged must be
noted in the Subordinate Court's return.
Note - In noting the repayments, care should be taken to see that
the amounts thus reported as repaid are actually repayable, and that
amounts which should be credited to Government are not repaid to
individuals.
Monthly return
464. Monthly return - (a) At the end of the month there shall
be furnished by the Subordinate Courts to the Sessions Judge/
Chief Judicial Magistrate/District Magistrate a statement of all deposits
received. but not wholly repaid during the month. This statement will
be an extract from the Register of Deposit Receipts [Form No.(A) 11]
omitting the items which have been wholly repaid during the same
month of deposits received and partially repaid in the same month, the
unpaid balance only is to be shown in this statement. The dates of
despatch from the Subordinate Court and of receipt by the Sessions
Judge/Chief Judicial Magistrate/District Magistrate shall be noted on
this statement.
Explanation - An A deposit, the balance of which has been reduced
below, Rs. 5 by a payment made in the same month, is to be included among
the ‘ A’ and not among the ‘ B’ deposits.
(b) On the 31st March of each year the Subordinate Courts
shall, in addition, submit to the Sessions Judge/Chief Judicial Magistrate/
District Magistrate a certificate that all uncashed orders to be cancelled
under Rule 437 (c) have been marked off in their Registers.
465. There shall be appended to the monthly statement of
deposits receipts a plus and minus memorandum in Form given below in
Rule 468.
Examination by Sessions Judge
466. Examination by Sessions Judge - On receipt of the monthly
statement and the plus and minus memorandum, the Register Form

No.(A) 22 shall be compared therewith. First as regards ‘ A’ deposits

the total of the column headed “Repaid on account of current month”
should agree with the amount shown in the plus and minus
memorandum; and when this amount is deducted from the total of the
column headed "Total Amount Received" the balance ought to agrees
exactly with the total of the statement of outstanding ‘ A’ deposits
received from the Court to which the figures relate. Second, as regards
‘B’ deposits the balance itself can be tested in detail only once a year,
when the yearly statement under Rule 472 is received but every month
the difference between the opening and the closing balance should be
equal to the difference between the receipts and payments reported in
the plus and minus memorandum.
Posting Receipts of A Deposits
467. The Subordinate Court's monthly detailed statement of ‘A’
Deposits received shall be attached by the Sessions Judge/Chief
Judicial Magistrate/District Magistrate to his own Register of deposits
received after he has closed the accounts of the Criminal Courts at the
Sadar Station. The Session Judge/Chief Judicial Magistrate/District
Magistrate will also number the deposits in the Subordinate Court’s
return in continuation of his own series.
Note - The Sessions Judge/Chief Judicial Magistrate/District Magistrate
should examine the receipts so as to see that no item has been improperly held
in deposit; and if he finds amounts so held which should be credited to
Government, he should direct the Subordinate Court accordingly.
CHAPTER - VII
District Monthly Returns
468. Plus and minus Memorandum - (a) A plus and minus
memorandum in the Form given below including the figures of the
Subordina te Courts as well as of their own Courts shall be prepared
by the Sessions Judge/Chief Judicial Magistrate or District Magistrate
and forwarded to the Treasury Officer for transmission after
comparison with his accounts to the Accountant-General.
Balance of last month Rs. P.
Amounting of ‘A’ deposits received Repaid during the month.
during the month. } Not paid during the month.
Amount of ‘B’ deposits received Repaid during the month.
during the month. } Not paid during the month.
Amount of ‘A’ deposits repaid Received during 20
during the month } Received during 20
Received during 20

Received during Previous

the current year month
Current
month
Amount of 'B' deposits repaid} Received during 20
during the month Received during 20
----------------------
Total
Balance of deposits outstanding.
Certificate
Certified that on a comparison with the Treasury Advice with
postings therefrom in the guard file of chalans and Registers of
payment Order of Deposit Receipt and of Repayments, the amounts
entered above as received and paid are correct.
The ................................20
Judge-in-charge / Magistrate-in-
charge
Notes - 1. The opening balance in the plus and minus memorandum for the
month of April each year should be classified year wise and the totals of the
statement of the Lapsed Deposits must be reduced by a separate entry from the
plus and minus memorandum drawn up at the end of April, so that the plus and
minus memorandum upon the Register of the Court concerned .
2. The repayments of '8' deposits received in the year of account and in the
year next preceding should be shown separately.
3. - As the lapsed statement is divided into four parts, the amount under
each part be indicated separately in the plus and minus memo.
(b) This plus and minus memorandum is to show as repayment the
actual repayments at the treasury, and is further to show the treasury balance
outstanding.
Notes - 1. It will be found convenient to keep in a separate Register a copy of
this puls and minus memorandum, with further memoranda of the details from the
figures have been arrived at. It is important that there should be no difficulty at any
time in reconciling the figures of the Court with those of the treasury.
2. The repayments of all ‘A’ deposits for the previous years, other
than the current year, shall be reflected in the plus and minus memo, year wise, and
in the plus and minus memo for the month of April, the opening balance shall be
shown with year wise balances.

CHAPTER - VIII
Annual Clearance Register of Deposits
469. Clearance Register - (a) At the end of each year Registers
of ‘ A’ Deposits received in the next preceding year shall be closed by
transcribing into the last column, headed as ‘Transferred to Clearance
Register’ every balance which exceeds I[Rs. 25]. An Annual Clearance
Register shall then be drawn up in form No.(A) 13 showing all these
balances against their original numbers showing in other words, all the
unpaid balances of 'A' Deposits of the preceding account year next but
one. For example, the Clearance Register of April 1973, will show all
unpaid balances of Deposits in 1971-72.
(b) Of balances which do not exceed 1[Rs. 25] a separate list
shall made out under Rule 474 below.
470. Future repayments in Clearance Register - The items in
this account been carefully compared with the corresponding balances
in the Original Register of Deposits Received [Form Na.(A) 11], the
last named document shall be laid aside and future repayments
recorded only on the Clearance Register.
Notes - 1. If against any of the items transferred to Clearance Register a
repayment order has been issued and cancelled under Rule 437 (c) a note to that
effect must be made in the clearance Register, so that if application for repayment is
again made, an order may not be issued without recalling the original cancelled
one.
2. The total repayments made out of the Deposits during the years
as well as the total amount lapsed to Government shall be indicated separately
in order to arrived at the outstanding balance at the close of the year.
471. Items to be included in Clearance Register - The Clearance
Register of the Sessions Judge or Chief Judicial Magistrate or District
Magistrate necessarily includes the items of the Subordinate Courts.
Verification of Petty Deposit Balance
472. Verification of ‘B’ Deposits - In order to verify the balance of
‘B’ Deposits each Court shall make a list of the unpaid balance of
receipts of the past twelve months, and by actual summation of these
balances, find the total amount outstanding on. account of the year’s
Deposits. Each Court is required to submit along with the Clearance
Register of 'A' Deposits a certificate that the balance of ‘B’ Deposits of
the past year has been found by actual summation to be Rs. .....................
473. Verification of ‘B’ Deposits with plus and minus
memorandum - The balance found under the last rule, together
1. C.S. No. 66 (IX-8-A/92, dated 3.5.1995).

with the total of the list prepared under Rule 474 (2), must equal the total
balance of petty Deposits on March 31, and must be so verified by each
Court with the forward balance in the plus and minus memorandum.
CHAPTER - IX
Lapse of Deposits
474. Which Deposits to lapse - On she 31st March of each year, the
following unpaid balances of Deposits lapse to Government, and are to
be written off in the Clearance Register and Registers of receipts
respectively.
(1) Of ‘A’ Deposits, first, all balances which do not exceed 1[Ra.S] in
respect of Deposits made during the last three years including the year then
closing; Secondly, all balances of Deposits outstanding over three complete years
that is all balances in the Clearance Register prepared two years before.
These balances should be marked ‘lapsed’ in the column of the
Register of Receipts or the Clearance Register, as the case may be.
(2) Of ‘S’ Deposits, first, all Deposits outstanding over one complete year;
secondly, all balances of Deposits which are remaining after part payment during
the year. These balances are to be marked ‘lapsed’ in the columns of the Register
of Receipt.
Example - The balances which lapse on the 31st March, 1973 are -
(a) All balances of ‘A’ Deposits received in 1969-70;
(b) All balances of ‘A’ Deposits received in 1970-71, 1971- 72,
1972-73 which do not exceed 1[Rs.25] after repayments
made during 1972-73.
(c) All outstanding ‘B’ Deposits received in 1971-72.
(d) All balances of ‘B’ Deposits received in 1972-73
which have been partly repaid in 1972-73.
Statement of Lapsed Deposit
475. Statement of lapsed Deposits - (a) Four statements of the
balances to be written off shall be prepared in Form No. (A) 7. One for
each of the four classes (a), (b), (c) and (d) specified in the example
under Rule 474. These statements shall be submitted by the
Subordinate Courts along with the Clearance Register. The Sessions
Judge's, Chief Judicial Magistrate's and District Magistrate’s, District
Magistrate's numbers, the lapsed balances of ‘A’ Deposits of the
Subordinate Courts.
Note - The note under Rule 470 applies to these statements of lapsed
Deposits also.
1. Substituted by C.S. No. 65. IX-8 A/92, Dt. 3.5.1995.

Corrections of Balance
476. Correction of balance - These statements must all be
submitted during April and the totals thereof must be deducted by a
separate entry from the plus and minus memorandum drawn up at the
end of A4nil, so that the plus and minus memorandum may show only
the balance actually outstanding upon the Registers of the Court
concerned.
Refund of Lapsed Deposits
477. Refunded of lapsed Deposits - In the case of payment of
Deposit lapsed under Rule 463 the application prepared by the
Accountant in Form No. (A) 3 under Rule 438 shall after examination
by the Sessions Judge, Chief Judicial Magistrate or District Magistrate,
as the case may be, forwarded to the Accountant-General. Several
Deposit 'numbers may be included in a single application, if they are
payable to the same person. The Accountant-General’s letter of
authority, when received, shall be noted against the items in the
Clearance Register or Original Register in case of Deposits not
transferred to the Clearance Register, so as to prevent a second
application. This letter shall then be passed for payment at the treasury,
as prescribed in the Form no other record of these refunds is necessary;
and such payments are not be shown in the plus and minus
memorandum.
478. Return of the letter of authority of A.G. - If the letter of
authority received from the Accountant-General is not claimed by the
payee within twelve months from the date thereof, it shall be returned to
the officer.
CHAPTER - X
Supplementary Rules as to Receipts under
head (b) to (9) of Rule 418
479. Realisation and refund of fines - The procedure for
Criminal Courts in respect of the realisation and refund of fines is given
in Appendices IV to VI annexed to these rules. The rules of the Account
Code, which prescribe a monthly statement to be sent by Subordinate
Magistrate to Sessions Judge, Chief Judicial Magistrate and District
Magistrate to the Accountant-General are reproduced in Appendix VII.
Note - The monthly statement should continue to be sent in the form
now in use (Accountant-General's No.122-A, dated the 22nd April, 1881).
480. Register of Miscellaneous Receipts - Every Judge-in-charge
and Magistrate-in-charge shall maintain a Register of Miscellaneous
Receipts 'in Form No. (A) 14. In this Register, all receipts are to be
posted which do not come under head (a) (Deposits) or head (h)
(peremptory receipts) of Rule 418. The entries shall be made and
checked in the same way as the entries in the Register of Deposit
receipts of the Subordinate Courts, the amounts of petty receipts

under (f) to (g) are to be shown only in a single total for each day.
Note - No Register of stamp duty and penalties need be kept by the
District Magistrate, There is no refund of Court-fee stamps in the District
Magistrate’s Court.
Credits to Government
481. Credits to Government - It is the duty of every Judge and
Magistrate to see that sums which are in Deposit, but which under any
rule or law are forfeited or become the property of Government are duly
credited to Government. In every such case there shall be prepared
simultaneously: (1) a payment order addressed to the Treasury Officer
and directing payment of the Deposit “by transfer as per chalan No of
this date”, and (2) a chalan crediting it to the proper head. Such payment
order shall be Registered.
482. Register of Unclaimed property - With regard to unclaimed
property it will be seen that Register No. (A) 14 deals only with receipts
under this head which have remained in Deposit for the
prescribed period. A Register showing the property in detail must
be kept in Criminal Courts in the Form No. (R) 27.
483. What head (e) to include - Under head (e) (other general
fees, fines and forfeitures) of Rules 418 shall be comprised all receipts
not falling within any of the other principal heads of receipt, e.g.
forfeiture of earnest money, etc.
484. Previous receipts under head (e) to be immediately
credited to Treasury - Receipts under the head of account, mentioned
in Rule 483 are at once credited at the treasury to Government. They
are not to be retained intermediately in Deposit either at the Court or at
the Treasury.
Monthly return
485. Monthly returns - At the close of the month every Judge-
in-charge and Magistrate-in-charge shall prepare a list in Form No.(A)
14 of all the miscellaneous receipts paid by him into the
Treasury. Subordinate Courts shall forward their lists in duplicate to the
Sessions Judge, Chief Judicial Magistrate or District Magistrate,
as the case may be, and the la ter officers shall add the totals of these lists
at the foot of their own list, and appending one of the copies received by
them from each subordinate Court, shall forward the whole to the
Accountant-General for check against treasury accounts.
Note - As regards fine in Magistrate’s Courts this is done under a
separate set of rules.

CHAPTER - XI
MiscellaneouS
486. Accountant and cashier to be distinct persons -Tn carrying
out these rules, care just be taken by all officers, that, in respect of
each transaction in Court, distinct officers are employed as Accountant
and Cashier. In other words, the same officer shall not keep the
Registers of Payment Orders, Deposit Registers, etc. and also receive
the money.
487. Order regarding responsibility of Chief Ministerial
Officer - Every officer shall keep his accounts in English and it must
be distinctly recorded by him whether the Chief Ministerial Officer is
or is not responsible for a general control and supervision over the
accounts.
488. Prohibition of manuscript forms - Manuscript account
forms are prohibited. All account books should be paged before they
are brought into use.
489. Daily examination of Accounts - The Accounts and
Registers of which a list is given in Appendices I and II annexed to
these Rules, must be compared daily by the Judge-in-charge or
Magistrate-in-charge, as the case may be, and this rule is on no
account to be neglected, as its observance is essential to the integrity
of the transaction and the correctness of the books. The notes at foot
of the Forms indicate how the verification is to made.
APPENDICES
APPENDIX I
List of Registers to be compared daily by Judge-in-charge/
Magistrate-in-charge
(Kept by the (1) Register of payment order
Accountant) Form No.(A) 9.
Register of judicial deposits Form No.(A) 11

received, Part I, Part II. (i) and (ii)
Register of repayments Form No.(A) 12
For Judicial Offcers
Part I, Part II. (i) and (i i)

(4) Register of miscellaneous Form No.(A) 14
receipt. Form No.(A) 13
(5) Clearance register of' A'
deposits

(Kept by the (1) General cash book

Cashier) (2) Counterfoils of receipts Form No.(A) 16
granted by cashier for Form No.(A) 15
peremptory cash receipts.
(4) Treasury pass book Form No.(A) 10
APPENDIX II
Transactions at Treasury
Comparison of Treasury Advice with posting therefrom in the
Registers of Payment Orders or Deposit Receipts and Miscellaneous
Receipts
Comparison of. Treasury Advice with treasury pass book.
Sessions Judge/Chief Judicial Magistrate/
District Magistrate's Monthly Examination of Accounts
1. The proper closing and totalling of all Registers.

2. Comparison of out-going statements with office Registers.
3. Comparison of plus and minus memorandum with totals of
Registers.
4. Ascertainment and verification of outstanding Payment Orders.
APPENDIX III .
List of Returns
From the Sessions Judge/Chief Judicial Magistrate/District

Magistrate through the Treasury Officer .................................
Plus and minus memorandum (Rule 468) .............. Monthly
From the Sessions Judge/Chief Judicial Magistrates/District
Magistrates to the Accountant-General direct
Statements lapsed Deposits of their Courts and of the Courts
subordinate to them with certificates of the examination of ‘B’Deposits
enfaced (Rule 174) .............................. Annually.
APPENDIX IV
Rules Relating to Fines
“A Register of criminal fines in Form No.(A) 17 and another in
Form No. (A) 17-A shall be maintained in the office of every Chief
Judicial Magistrate and District Magistrate and Subdivisional Judicial
Magistrate and Subdivisional Magistrate or the Judicial Magistrate in
the outlying areas for the purpose of keeping an account of all Judicil
fines, and all sums which under any law are realisable as fines. Only one
Register in each of these forms shalt be maintained at each office. The
Registers will ordinarily be kept by the Magistrate’s Peshkar, who for the
purpose of these rules, is hereinafter described as “The Clerk-in-charge
of the Fine Register.”
Note 1 - Penalty imposed under Section 446, Criminal Procedure
Code are to be noted in the Register (A) 17.
(a) At the Register of criminal fines (A) 17 shall be entered
in consecutive quarterly series all fines imposed by any of the Magistrate
of the station within the jurisdiction of the station.
(b) In the end of each quarter the outstanding balance in each
case shall be shown in Column 14 of the Register and all the outstanding
entries, i.e., those in respect of which there is a balance in Column
14 brought forward in red ink before the entries for the current
quarter are made. The balance in Column 14 will be entered in
Column 6 for the current quarter. The original quarterly serial
No. shall be shown below the new quarterly serial number of the
outstanding fines like this -
1
15th first quarter of 1974
3. Realisation during the same quarter in which the Fine was
imposed shall be entered in the proper column of the Register of
Criminal Fines opposite the original entry. Realisation of outstanding
Fines shall be entered against their red ink entries for the quarter in
which the realisations are made. When more than one realisation is made
within a quarter in respect of any Fine; a total should be struck in the
body of the page. The Clerk-in-charge of the Fine Register after the
amount is realised in the Register of Criminal Fines shall submit it to the
Magistrate, who will initial the entry of realisation.
4. When any Fine or part of a Fine is remitted in any quarter
subsequent to that in which it may have been imposed, whether on
appeal or otherwise, or becomes irrecoverable in consequence either of
the lapse of six years from the date of sentence or of imprisonment
having been suffered in lieu of Fine in the cases mentioned in Rule 5, the
amount remitted or lapsing shall be entered in Column 18 under the
quarter in which it is so remitted or lapses. When a Fine is remitted in the
same quarter in which it may have been imposed, the entry will be made
in the appropriate column (Column 18) of the Register of Fines.
IMPRISONMENT IN LIEU OF FINE
5. In any case when under any special or local law, imprisonment
in lieu of Fine is to be taken as a full satisfaction of the penalty, if

the convicted person is sentenced to undergo the imprisonment,

the Clerk-in-charge of the Fine Register shall at once obtain a certificate
from the Court imposing the sentence that the Fine is not to be realised,
and the amount of Fine shall, if entered, be struck out of
the Register or Criminal Fines. Nothing here laid down shall interfere
with any special directions of law for the attempted realisation of
Fine by distress. or otherwise before carrying out any sentence of
imprisonment upon the offender.
6. (a) All Fines or part of Fines received by the Nazir must
be paid in by him daily to the Treasury (or to the local branch of
the "State Bank" where there is no District Treasury). The chalan
sent with them should be in detail and accompanied by the Register
of Criminal Fines and at the district headquarters also by the pass
book and the Treasury Muharrir receiving them will check each
entry with the chalan by the Register putting his initial to each in
the proper column thereof.
Notes - 1. At the headquarters of district where it is found inconvenient,
owing to the Treasury work being done in a Branch Bank or for other reasons,
to send the Fine Register with the chalan, the chalan should be in duplicate
and accompanied by the pass book as usual. The duplicate chalan duly
receipted by the Treasury is to be given to the Clerk-in-charge of the Fine
Register, the Nazir keeping the pass book as his acquittance. In subdivisions,
the chalans may be in duplicate, and the duplicate chalan will be the Nazir's
acquittance as no pass book is kept there.
2. - In subdivisions having not Treasury, however, the remittance will
be made at convenient intervals.
7. Fines imposed before and tendered during the Dasahara
holidays should, both at district and subdivisional headquarters or in the
outlying stations be paid to the Nazir, who will receive any Fine that may
be paid during the holidays, and will, if necessary, get a release warrant
signed by the Subdivisional Judicial Magistrate or by the Magistrate-in-
charge for him if the Fine is paid in a subdivision,
or if is paid at district headquarters, by any Magistrate who may be
available at the Sadar. The Treasury need not be kept open for the sole
purpose of receiving such Fines, which may remain in the custody of the
Nazir unless the amount is exceptionally large, in which case the orders
of the Judge-in-charge or Magistrate-in-charge, as the case may be,.
should be taken.
8. The chalan, receipted by the Treasury, will be kept filed by
the Clerk-in-charge of the Fine Register as his authority for making
necessary entries in the Fine Register, where the Fine Register is not sent
to the Treasury with the money.
9. In no case any disbursement is to be made from realised
Fines in the hands of the Nazir to meet contingent or other expenses

of the Court. Any refund of Fines will be made by the Treasury
Officer on the order of the Magistrate.
Checking of the Fine Registers
10. In each Court, one of the Muharrirs, to be known as ‘the Fine
Muharrir’, shall be specially charges with the duty of looking after the
Fines or other sentences passed by the Court. It shall be the duty of the
Fine Muharrir of each Court to examine daily the Fine Register and to
ascertain that each necessary entry is made and made correctly. He
will certify this by his initials in the proper column. He is also
responsible for the speedy preparation of warrants.
11. Each Magistrate should examine the Fine Register daily and
check his own Fines, signing his initials to each entry. He should see
that warrants are issued and remittance paid in and acknowledged
without delay.
12. The Judge-in-charge or the Magistrate-in-charge, as the case
may be, shall once a week compare the entries in the Registers of
Criminal Fines and the Fine cheque counterfoils with the trial Register
in all Courts in which this Register is maintained and with the Register
of complaints, General Register of cognizable cases, Register of
unimportant cases and Register of Miscellaneous cases in all other
Courts. He should satisfy himself that the entries of the amount of
balance outstanding have been correctly brought forward from the
preceding quarter and check the totals of the Fine Register.
At the time of the weekly checking of the entries in the Fine
Register the Judge-in-charge or Magistrate-in-charge entrusted with
his duty should carefully ascertain that all Fines purporting to have
been remitted or written off under the orders of competent authority,
have been accounted for and should certify that he has done so.
Compensation Fees
13. (a) Compensation awarded under Section 250 of the Criminal
Procedure Code and under Section 22 of the Cattle Trespass Act, cost
of processes, etc., recoverable under Section 359 of the Criminal
Procedure Code, and such amount of a Fine as is awarded as
compensation under Section 357 of the Criminal Procedure Code shall
be entered in red ink in the Register of Criminal Fines. The balance, if
any, of the Fine imposed after compensation has been awarded under
Section 357, Criminal Procedure Code, should be credited to
Government, the entry in the Register being made in black.ink.
(b) On realisat ion, in whole or in part these compensation Fines
and costs, whether paid on the spot in open Court or not, shall be
entered in red ink in the Register of Criminal Fines. Such sums shall
be credited as Criminal Deposits, and the fact of their having been so
credited shall be noted in red ink in the remarks column of the
Register. All other entries which it may be necessary to make in the

Registers relating to such Fines and costs shall likewise be in red ink.
14. After realisation of the Fine, the disbursement of the
compensation will in every case be made from the Treasury on the
Magistrate’s order.
15. (a) In non-appealable cases, however, should the Nazir
report that the Fine or amount of award has been paid to him before the
parties leave the Court, the Magistrate may direct payment to be made to
the person entitled to compensation from his permanent
advance, such payment being afterwards adjusted at the Treasury
against the Fine account as though originally disbursed there.
(b) When costs of process under Section 359 of the Criminal
Procedure Code are realised from accused persons at once, they
should then and there be paid over in open Court to the complainant,
a note being made in the records to show that this has been done.
(c) In all other cases, the Magistrate will give an order on the
Treasury for the amount as prescribed in Rule 14.
16. In Subdivisions where there is no Subdivisional Treasury
and the Fine collections remain in the hands of the Nazir till the close of
the month, payment of compensation, where this 'can legally be given,
may be made by the Nazir on the Magistrate's order in any case in which
the Fine has not formed an item in the chalan to the District Treasury.
Where the Fine has been chalanned the Magistrate
may order payment of the compensation from his permanent advance,
adjusting it afterwards as prescribed in Rule 15. In these Subdivisions,
however, Column 15 of Register No. (A) 17 should be subdivided so as
to show separately amounts paid by the Nazir and compensation out of
realised Fines, and amounts remitted to the Treasury.
Miscellaneous
17. All officers receiving and remitting money from the officer
who actually realises the Fine to the officer who finally remits the
same to the Treasury, are in all cases bound to remand receipts from
the payees. The responsibilities of officers remitting money will not
cease until acknowledgement of receipts have been duly received.
18. All Fines, under whatsoever law they may be imposed, are
payable to the Court imposing the Fine, to the Magistrate of the
District in which the prisoner is conFined, or to the officer entrusted
with the warrant for its realisation. The receipt of Fines by the Jailer in
unauthorised and Jailers are, therefore, prohibited from receiving
payments on account of Fines under any circumstances Whatever.

19. When a Fine or a portion of a Fine, which has been entered

or should, according to these rules, be entered in the Register of
Criminal Fines maintained at the headquarters of a subdivision of
a district, is received by the District Magistrate, the amount so
received will be shown in the District Magistrate's Cash Book, but not in
his Fine Register, and a copy of a chalan of payment and of the Fine
realisation statement sent to the Jail will be forwarded to the
Subdivisional Judicial Magistrate or Subdivisional Magistrate, as the
case may be, in order that the amount may be written off as paid in this
Register of Criminal Fines.
APPENDIX V
List of Army Reserve Centres referred to in Sub-rule (b) of
Rule 112 of Part I, Chapter X
The following are the Reserve Centres -
Skinners House, 2nd Lancers Indian Cavalry regiment station

3rd Cavalry at Lucknow at the time.
Hudson’s Horse Prohyn’s Indian Cavalry regiment stationed
House 6th Lancers a t Lahore at the time.
7th Lt. Cavalry, 8th K.G.O., Indian cavalry regiment stationed

Lt.'Cy. The R.Decan Horse at Poona at the time.
The Guides, Cary, P.A.V.O. Indian cavalry regiment stationed
Cavy Sam Browner’s Cy. at Rawalpindi at the time.
13th D.C.O. Lancers, the Indian cavalry regiment stationed
Scinde Horse 15th Lancers. at Jubbulpore at the time.
16th Lt. Cavalry, The Poona Indian cavalry regiment stationed
Horse 18th K.E.O. Cavy. at Jhansi at the time.
19th K.G.O. Lancers, 20th Indian cavalry regiment stationed

Lancers, The C.I. House at Delhi at the time
Artillery
Horse Field Medium ........ Royal Artillery Training Centre,
Muttra.
Mountation and Light ......... Mountain Artillery Training Ambala.
Centre,
Sappers and Miners
Q.V.O. Madras Sappers and.... Corps. Headquartets, Q.Y.O. Madras
Miners. Sappers and Miners, Bangalore.

K.G.O. Bengal Sappers and .... Corps. Headquarters, Royal Bombay

Miners. Sappers and Miners, Rurkee.
Royal Bombay Sappers and .... Corps. Headquarters, Royal Sappers
Miners. and Miners, Kirkee.
Indian Signal Corps
Signal Training Centre, Indian Jubbulpur Pioneers
Madras Pioneers .... Corps. Headquarters, Madras
Pioneers, Bangalore.
Bombay Pioneers .... Corps. Headquarters, Bombay
Pioneers, Kirkee.
Sikh Pioneers .... Corps. Headquarters, Sikh
Pioneers, .... Sialkote.
Hazara Pioneers .... Office Commanding Hazara
Pioneers, Quetta
Indian Infantry
1st Punjab Regiment .... 10th Bn. 1st Punjab Regiment, Jhelum.
2nd Punjab Regiment .... 10th Bn. 2nd Punjab Regiment, Meerut.
5th Maharatta L.I. .... 10th Bn. 5th Maharastra L.I., Belgaum.
7th Rajput Regiment .... 10th Bn. 7th Rajput Regiment, Fategarh
.... Pubjab Regiment
8th .... 10th Bn. 8th Punjab Regiment, Lahore.
9th Jat Regiment .... 10th Bn.-4th-9th Regiments, Bareily
4th Bombay Grenadiers, .... 10th Bn. 10th Baluch Regiment, Karachi.
10th Baluch Regiment
11th Sikh Regiment .... 10th Bn.llthSikhRegiment, Nowshera.
12th F.F. Regiment .... 10th Bn. F.F. Regiment, Sialkot
13th F.F. Rifles .... 10th Bn. 13th F.F. Rifles Abbottabad
14th Punjab Regiment .... 10th Bn 14th Punjab Regiment, Ferozepore.
15th Punjab Regiment .... 10th Bn. 15th Punjab Regiment, Amala.
16th Punjab Regiment .... 10th Bn. 16th Punjab Regiment, Multan.
17th Dorga Regiment .... 10thBn.17thDorgaRegiment,Jullundur.
18th R.Garhwal Rifles .... 19th Bn. 18th R. Garhwal Rifles,
Lansdowne.
19th Hyderabad Regiment .... 10th Bn. 19th Hyderabad Regiment.
1st Kumaon Rifles .... Benaras.

20th Burma Rifles 10th Bn. 20th.Burma Rifles, Maymyo

Gurkha Regiments Gurkha Reserve Centre, Gorakhpur
Indian Army Service Corps
Animal Transport Headquarters of Animal Transport
Training Company (Mule) or Animal
Transport Company (Camel) to
which the reservists belong.
Mechanical Transport Headquarters of Mechanical
Transport Companies to which the
reservists belong.
Indian Supplementary Reservists (I.A.S.C.)
Supply 'G' 'K' 'M' and 'N' Supply Depot
Companies; Officer-in-charge, Supplies
Lahore, Karachi and Bombay.
Animal Transport Animal Transport Training Companies
(Mule), Lahore and Meerut.
Mechanical Transport Heavy Repairs shops, M.T., Class I
and ClassIIand the Mobile Repair Units.
Indian Army Veterinary Corps
All personnel .... Indian Army Veterinary Corps
Depots, Ambala.
Indian Hospital Corps
No. 1 Company Headquarters, Peshwar.
No. 2 Company Headquarters, Rawalpindi.
No. 3 Company Headquarters, Lahore.
No. 4 Company Headquarters, quetta.
No. 5 Company Headquarters, Rangoon (a) Reservation of No. 5
Coy. who reside in
training at the Coy.
Headquarters nearest
to their homes.
No.6 Company Headquarters .... Poona

No. 2 (E.C.) Ditto .... Lucknow
No. 9 Ditto .... Bolarum Engineer Depot, Lahore.
Personnel of the Corps of Indian Engineers found from the
Indian Supplementary Reserve.

APPENDIX VI
List of Regimental Centres Referred to in Sub-rule (B) of
Rule 123, Part I, CHAPTER - X
The following are the Regimental Centres :-
1. Punjab Regimental Centre, MEERUT
2. The Madras Regimental Centre, WELLINGTON
3. The Grenadiers Regimental Centre, NASIRBAD
4. The Marhattas Regimental Centre, BELGAUM
5. The Rajputtana Rifles Regimental Centre, DELHI
CANTONMENT
6. The Rajput Regimental Centre, FATEGARH
7. The Jat Regimental Centre, BARELL Y
8. The Sikh Regimental Centre, AMBALA
9. The Dorga Regimental Centre, JULLUNDAR
10. The Garhwal Rifles Regimental Centre, LANSDOWNE
11. The Kumaon Regimental Centre, RANIKHET
12. The Assam Regimental Centre, SHILLONG
13. The Bihar Regimental Centre, DINAPORE
14. The Mahar Regimental Centre, SAUGOR
15. The Sikh Light Infantry Regimental Centre, FEROZEPURE
16. 1st Gorkha Rifles Regimental Centre, DHARAMASALA
CANTONMENT
17. 3rd Gorkha Rifles Regimental Centre, DEHRADUN
18. 4th Gorkha Rifles Regimental Centre, BAKLOH
19. 5th Gorkha Rifles Regimental Centre, DEHRADUN
22. 11 th Gorkha Rifles Regimental Centre, P ALAMPUR
23. Armoured Corps Centre and School, AHEMDNAGAR
24. Artillery Centre, DEOLALI
25. Madras Engineer Centre, BANGALORE
26. Bengal Engineer Centre, ROORKE
27. Bombay Engineer Centre, KIRKEE
28. Signal Training Centre, JUBBALPORE
29. Army Service Corps Centre (South), BANGALORE
30. Army Service Corps Centre '(North), MEERUT

31. Remount Veterinary and Farma Corps Centre and School,

MEERUT
32. Army Medical Corps Centre (South), POONA
33. Army medical Corps Centre (North), LUCKNOW
34. Electrical and Mechanical Engineering Centre, JALAHALLI
35. Army Ordinance Corps Centre, POONA
36. Intelligence Training School Depot, MHOW
37. Pioneer Corps Centre, MATHURA
38. Army Educational Corps Centre and School, PANCHMARHI
39. Army Physical Training Corps Centre, POONa
40. General Service Corps Depot, BELGAUN
41. Army Postal Service Centre, KAMPTEE
42. Corps of Military Police Centre and School, FAIZABAD
APPENDIX VII
Commission for the Examination of Witnesses
Country Courts, Judges or Magistrates

(1) (2)
1. United Kingdom (a) The Supreme Court of
Judicature at the Royal Courts
of Justice, London, in case
the witnesses resides in England;
(b) The Supreme Court of
Northern Ireland, in case the
witness resides in Northern
Ireland ; or
(c) The Court of Sessions, Scotland
in case the witness resides in
Scotland.
(Government of India Notification, Ministry of Home Affairs,

No.20(3) / 55-Judl.II (A), dated the 5th May 1955)
2. Federation of Malaya .... The Chief Justice of the
Federation of Malaya.
No.20 (3) / 55-Judl. II (A), dated the 5th May 1955)

3. Union of Burma (a) A Sessions Judge, an

Additional Sessions Judge
and a Social Investigation
Administrative Board and
Bureau of Special Investigation
Act, 1951 (Burma’ Act No. 50
of 1951); and
(b) Any Magistrate to through
the District Magistrate
whom he is subordinate.
( c) The Specia1 Criminal Courts
exercising jurisdiction in
the Union of Burma having
authority under the law
in force in that Country.
(Government of India Ministry of Home Affairs, Notification,
No.F-ll/6/65-Judl.II, dated 10th May 1966).
4. Dominion of Canada .... Any Superior Court in the
Dominion of Canada within
the local limits of whose
Jurisdiction the witness resides.
No.20 (3)/55-Judl.II (D), dated the 5th May, 1955)
5. Colony of Singapore .... The High Court in Singapore
No.20/4/55-Judl. II, dated the 6th September 1955
6. Pakistan .... The Court of the District Magistrate
or Magistrate of the First Class
within the local limits of whose
jurisdiction the witness resides.
7. Australia .... (a) The Chief Justice of the Supreme
Court of the State in which the
witness resides,
or,
(b) The Judge of the Supreme Court of
the Australian Capital Territory,
Canbera, in case the witness resides
in that territory, or

(C) The Judge of the Supreme

Court of the Northern
Territory, Darwin in case the
witness resides in that territory.
No.13/1/58-Judl. II (ii), dated the 20th August 1958)
8. CeyIons .... The Supreme Court of Ceylon.
9. Mauritius .... The Supreme Court of Mauritius
No.F-ll/6/62-Judl. II, dated the 17th July 1962)
APPENDIX VIII
Information Sheet
Pro forma
1. Names of the Presiding Judges since the last inspection
till now showing the periods of occupation of office.
2. State of Court building.
3. Information about the pending building projects.
4. List of the staff of the Court's establishment since
the last inspection giving the following particulars : -
(a) Name.
(b) Date of first appointment.
(c) Educational qualification.
(d) Date since which serving in the Court under inspection.
(e) The branch of the office to which he is attached.
5. Number of Advocates, Pleaders and Mukhtars practicing
at the station (for outlying Courts only).
6. Number of licensed typists/petition writers showing
their names and the dates since which they hold the
licence.
7. (a) Dates of last inspection by the Presiding Officer of the
Court under inspection and by higher authorities.
(b) The dates of sending compliance reports.
(c) If the compliance report of any of the items has not been
submitted, the reason for not doing so.
(d) Whether any of the instructions issued at the time of
previous inspections have not been carried out and if so,
the reason therefor.
(e) If the Presiding Officer checked the entries made in the

Inspection Defects Removal Register before submitting
reports of compliance.
8. Furniture:
(a) Has the Stock Register of Furniture been maintained
up-to-date.
(b) Date of last verification of the furniture by the Presiding
Officer.
9. Stationery and forms :-
(a) Are the stationery articles and forms required by the Court
being indented from the Government Press on due dates ?
(b) The last dates on which indents for forms and stationery
articles were submitted since the last inspection.
(c) Are the Stock Register of stationery and forms maintained
up-to-date ?
(d) Are receipts and issues of forms and stationery articles duly
entered in the Register ?
(e) Are the forms neatly arranged and kept ?
(F) Dates of verification of forms and stationery articles by the
Presiding Officer since the last inspection.
10. Library:-
(a) Is the catalogue up-to-date ?
(b) Are all the books and periodicals received in the library
correctly labelled and properly arraed ?
(c) Are all correction slips pasted at proper place ?
( d) Are loss of books and periodicals reported to the appropriate
authority and steps taken for replacement ?
(e) Date of verification of the library by the Presiding Officer
and the date of submission of the certificate.
11. State of file ?-
(a) Number of different types of cases on the file on the last
date of the previous month preceding inspection to years of
institution.
(b) Number of different types of cases on the corresponding
day of the previous year.
(c) Number of different types of cases disposed of l[during the
year] 2[by] the corresponding day of the previous year.
1. Inserted by C.S.No.55-IX-15/87, dt.23.5.1988.

2. Substituted by C.S.No.11-IX-1/80, dt.9.2.1982.
(d) Number of different types of cases disposed of 1 [during

the year] 2[by] the corresponding day of the previous
month preceding Inspection.
(e) Reason for increase or decrease of pendency.
(f) Number of year-old cases and the reason of such pendency.
3[(g) Number of under trial prisoners detained for one year or
more by the date of inspection and reasons for detention in
brief.]
(a) Total Number of working days during each calendar year
since the last inspection.
(b) Number of days devoted to Civil work.
(c) Number of days devoted to Criminal work.
(d) Contested disposal during each calendar year after the last
inspection.
(e) Whether the disposal is according to the yardstick and if
not the number of days by which the outtum falls short.
13. Are the records of the Court properly arranged ? If not, the
reason therefor.
14. (a) Are the judgments delivered with due promptitude
according to Court's instructions?
(b) List of cases, the judgment whereof were delivered:
(i) After expiry of 30 days from the date of conclusion
of hearing, and
(ii) after expiry of 4[21] days from the date of conclusion
of hearing.
15. Are the arguments being heard soon after evidence is
closed and is continued from day to day ? If there is any
departure, the reason therefor.
16. (a) Number of cases stayed by the appellate or revisional
Courts.
(b) Have any attempts been made to know the stages and
results of the appeals and revisions ? If so, the list be
prepared and appended.
17. Have all the decree’s been drawn up-to-date of
inspection ? If not, the list of cases in which decrees
have not been drawn up be prepared and appended
Assigning reason therefor.
1. Inserted by C.S.No.55-IX-15/87, dt.23.5.1988.
3. Inserted by C. S.No.54-IX-24/87, dt.1 0.3.1988.
18. Court diary ;-

(a) Is the diary legibly written and neatly maintained?
(b) Are the adjournments correctly posted ?
(c) Does not Presiding Officer note the time of arrival
and departure from the Court and the time he transacts
judicial business?
19. Copying Department ;-
(a) Number of copy applications filed during each calendar'
year since the last inspection.
(b) Number of copy applications pending on the date
of inspection.
(c) Number of urgent and ordinary copies prepared and
delivered beyond the prescribed period. In case
of delay, reasons therefor.
20. Have the disposed of records been co signed up-to-
date ? If not, the reasons therefor.
21. Number of kept back records according to year of disposal.
22. Are all the records due for destruction destroyed ?
If not, the reasons therefor.
23. Has the Sheristadar inspected the different branches
on clearance days? If so, a list be furnished showing
the dates and the sections inspected since the last inspection.
24. Has the Presiding Officer inspected different branches
of his office on Clearance Days? If so, a list showing
the dates and branches inspected since the lasts inspection
be furnished.
25. The date of the nual inspection of the office by the
Presiding Officer. .
The information sheet has to be signed both by the Sheristadar /
Chief Ministerial Officer and the Presiding Officer.
l[APPENDIX
- IX
The Orissa Professional Typists for the Civil and Criminal
Courts (Registration) Rules, 1981
In exercise of the powers conferred by Clauses (2) and (3) of
Article 227 of the Constitution of India, the High Court with the prior
approval of the Governor, hereby makes the following rules, namely-
1. Inserted by C.S.No.7 - IV-27/76, Dt. 12.8.1981.
1. Short title and commencement - (1) These rules may be

called the Orissa Professional Typists for the Civil and Criminal
Courts (Registration) Rules, 1981.
(2) They shall come into force on the date of their publication
in the Orissa Gazette.
2. Definition - In these Rules, unless the context otherwise
requires -
(A) “Civil Court” means the Civil Court established under
the provisions of the Bengal, Agra and Assam Civil
Courts Act, 1887;
(b) "Criminal Court" means the Criminal Court established
under the provisions of the Code of Criminal Procedure,
1973;
(c) “Form” means a form appended to these rules;
(d) “Professional Typist” means a Typist who engages
himself, in general, to carry on Court business in
the premises of Civil or Criminal Courts for typing
out plaints, written statements, petitions, affidavits
and such other matters as may be filed in the said courts;
(e) “Registering Authority” means the District and Sessions
Judge of the Judgeship and Sessions Division within
whose jurisdiction the Professional Typist desires
to work.
3. Qualification - No person shall be Registered as a rofessional
typist unless he-
(i) possesses a certificate from a recognised institute that
he is a qualified typist;
(ii) is of respectable character and produces certificates
of good character from at least two legal practitioners
of the Civil and Criminal Court where he proposes
to work as a Professional Typist;
(iii) has a clear working knowledge in English so as to
type out correctly and legibly; and
(iv) has knowledge of the Court language of the Civil or
Criminal Court, as the case may be.
4. A Professional Typist shall not be below eighteen and over
sixty years of age.
5. Certificate of typing - No Civil and Criminal Court shall
accept a plaint, written statement, petition, affidavit or such other
matters unless it bears a certificate of having been typed by a -

(i) Registered typist;
(ii) Registered Clerk of a legal practitioner engaged by the
party in the suit, case or legal proceedings;
(iii) Legal practitioner engaged by the party in the suit, case or
Legal proceedings :
Provided that any certificate, licence or order granted to
a Professional Typist by a District and Sessions Judge having
jurisdiction and in force immediately before the commencement of
these rules shall be deemed to continue in force for the period allowed
under the provisions of these rules.
6. Disqualifications - A person shall be disqualified for being
a Registered Professional Typist and for continuance as such if he,-
(i) has been convicted by a Criminal Court of any offence
involving moral turpitude; or
(ii) has been adjudged by a competent Court to be
of unsound mind or is a deaf mute, a leprosy
or tuberculosis patient; or
(iii) is an undischarged insolvent; or
(iv) is a paid employee in any office, institution or under
any person either whole time or part time; or
(v) has been found guilty of misconduct.
7. Application for registration and registration fee - (1)
Every application for registration as a Professional Typist shall be
made to the Registering Authority in Form I.
(2) Every such application shall be accompanied with
certificates of character of at least two legal practitioners and a
Treasury chalan showing Deposit of registration fee as may be fixed
by the High Court from time to time by notification in the Orissa
Gazette.
8. Registration - On receipt of the application referred to
the Sub-rule (1) of Rule 7, the Registering Authority may-
(i) dispose of the application at once if he is satisfied
that the applicant is fit to be Registered as a Professional
Typist ; or
(ii) refer the application to the President of the local Bar
Association for his opinion as to the fitness of the
applicant for being Registered as a Professional Typist; or
(iii) make such other enquiry as he deems necessary for
disposing of the application.
9. Registration and licence - (1) When the Registering Authority
is satisfied that the applicant is a fit person to be Registered as a

Professional Typist, he shall enter his name in the Register to be

maintained in Form II and grant a licence to the Professional Typist
in Form III.
(2) The licence granted to a Professional Typist shall be non-
transferable and shall remain valid till the end of the calendar
year in which it is granted, and may be renewed thereafter from
time to time.
10. Application for renewal and payment of fee - (1) Application
for renewal of licence shall be made to the Registering Authority
thirty days prior to the close of the calendar year.
(2) Every such application for renewal of licence shall be
accompanied with a Treasury chalan showing Deposit of the renewal
fee as may be fixed by the High Court from time to time by notification
in the Orissa Gazette.
(3) Renewal of licence shall not ordinarily be refused. If renewal
is refused on any ground the reason therefor shall be recorded by
the Registering Authority and communicated to the Professional
Typist.
11. Duplicate licence on payment of fee - If the licence is
lost, destroyed or defaced, a duplicate thereof may be obtained
from the Registering Authority on application made therefor,
accompanied with a Treasury chalan showing Deposit of the required
fee as may, by notification, be fixed by the High Court, from time
to time, for that purpose. .
12. Suspension or cancellation of licence - (1) The Registering
Authority, may on an application presented before him by any
aggrieved person or on any information coming to his notice otherwise
as to any misconduct on the part of a Professional Typist, suspend
or cancel the licence of the Professional Typist:
Provided that no such suspension or cancellation of the licence
shall be made unless an enquiry by the Registering Authority into
the alleged misconduct is made and the Professional Typist is given
a reasonable opportunity of being heard in the matter.
(2) The punishment imposed on a Professional Typist shall
be recorded in the Register maintained under Sub-rule (1) of
Rule 9.
13. Surrender of licence - (1) On cancellation or suspension
of the licence, the Professional Typist shall surrender his licence
to the Registering Authority.
(2) On expiry of the period of suspension the licence shall be
returned to him with an endorsement of the period of suspension.

(3) In the case of a cancellation of the licence an endorsement

to that effect shall be made on it and the name of the Professional
Typist shall be struck off the Register
14. Misconduct - The following acts and omissions shall be
deemed to be misconducts on the part of a Professional Typist,
namely :-
(i) violation of any of the conditions of these rules.

(Ii) viola tion of the conditions of licence;
(iii) acceptance of paid employment otherwise;
(iv) persistent absence from the Court premises during Court
hours ;
(v) participation in any illegal transaction or unfair dealing ;
(vi) disobedience of order passed by the Registering
Authority or the Presiding Officer of a Court ;
(vii) working for any litigant in a suit, case or other
proceedings ;
(viii) such other grounds as the Registering Authority or the
Presiding Officer of the Court considers sufficient
misconduct.
15. Bar for fresh registration on cancellation of licence - If a
licence is cancelled on the ground of misconduct, the Professional
Typist shall not be eligible to make an application for registration
as a Professional Typist for a period of two years from the date
of removal of his name from the Register:
Provided that the Registering Authority may in his discretion
refuse to grant a licence in consideration of the gravity of the misconduct
after recording reasons therefor.
16. (1) A Professional Typist, against whom an order refusing
renewal, suspension or cancellation of licence has been passed by
the Registering Authority may file an appeal against such order
to the Registrar of the High Court within a period of thirty days
from the date of communication thereof.
(2) The Registrar may call for the records from the Registering
Authority and may after hearing the party, either confirm or modify
or set aside the order passed by the Registering Authority or may
pass such other order as he deemed proper.
17. Typing charges - The scale of typing charges to which a
Professional Typist is entitled shall be such as the High Court may,
by notification, fix from time to time in that behalf.

FORM - I
[See Rule 7 (1)]
Application for Registration as a Professional typist before

the District and Sessions Judge .........................
1. Name and address of the applicant in block letters
2. Father's name of the applicant
3. Permanent address
4. Present address
5. Educational qualification
6. Description of certificate of knowledge in typewriting
7. Particulars as to the knowledge of languages including
Court language.
8. Date of birth and age on the date of application with
certificate of age.
9. Past experience as Typist, if any.
10. Name of the station and Court within the premises of which
he intends to work as a Professional Typist.
11. Number’ and date of Treasury chalan showing the Deposit
towards registration fee.
12. Particulars of registration as a Professional Typist in
any other Judgeship or Sessions Division and reason for
making fresh application.
13. Certificate to the effect that he will abide by the
professional conduct as may be prescribed regulating work
as a Professional Typist in the Court premises.
14. Names of the two legal practitioners as referees.
15. Particulars of documents enclosed to the application.
Signature ...........................
Date ...................................

Serial No.
(1)
Name.
(2)
Father's Name .
(3)
Permanent address .
(4)
Present address .
(5)
Date of birth.
(6)
Name of the station of the Court Where

(7)
he would work .
Licence No. and date of issue .
(8)
Renewal of the licence .
(9)
FORM - II
[Rule 9 (1)]
Educational qualification.
(10)
Qualification for typewriting .
(11)
Register of Professional Typists
If punished for misconduct, if so, when
(12)
particulars to be stated .
Cancellation or ceasation of the licence.
(13)
Remarks .
(14)
FORM III
[See Rule 9 (1)]
Licence for Professional Typist
Licence No. ...................... Date of issue ....................
Shri/Smt. ............................son/daughter of .................................
is hereby authorised to sit in the premises of Civil or Criminal Court
at ....................in the Judgeship and Sessions Division of .....................
to type out plaints, written statements, petitions, affidavits and such
other matters as are required to be filed in suits, cases and
proceedings, subject to the. following conditions, namely:
1. He shall attend the Court regularly and be available within

Court hours.
2. He shall charge remuneration at the prescribed scale, a copy
of which he shall keep exhibited in a conspicuous place
near the place where he sits.
3. He shall sign on each page of the paper typed out by him.
4. He shall type legibly in double space keeping margin of
1½" on the left side, 1" on the right side, 1½" at the top, as
well as, at the bottom.
5. At the bottom he should clearly mention his name and
licence number.
6. He shall initial on each cutting or erasure on the typed paper.
7. He shall not keep any copy of the plaint, written statements,
petition, affidavit and other such materials.
8. He shall not work directly or indirectly for any legal
practitioner or any person involved in a suit, case or other
proceedings in a Court.
9. He shall not solicit work for himself.
10. He shall not make over copies of plaints, written statement,
petitions, affidavits or other typed materials to any person
other than the person for whom he has typed the same.
11. He shall not engage any other typist for typing out the
plaints, written statements, affidavits and other materials for
which he has been entrusted.
12. Any other conditions as the Registering Authority deems
fit to impose.
Signature of the Registering Authority

(Seal) /Date................................

G. R. C. O.
Crimonal
Vol. - II
G. R. C. O. (Criminal) Vol. II
LIST OF FORMS IN APPENDIX A

I. LIST OF ACCOUNT FORMS
(a) Occasional
Form No. Description of Form Rules by which

prescribed
1 2 3
Volume I
(A) 1 Challan Part VIII, Rule 423
(A) 2 Payment Order ,, 430
(A) 3 Refund of Lapsed Deposits ,, 438
(A) 4 Refunds of Revenue ,, 430
(A) 5 Advice list to Treasury for ,, 437

Cheques issued above Rs.100
in amount
(A) 6 Daily Advice List from Treasury ,, 446
(A) 6A Monthly statement of total ,, 419
peremptory receipts and
disbursements.
(A) 7 Statement of Lapsed Deposits ,, 475

(A) 8A Bill for diet and travelling
allowance to witnesses
(A) 88 Cheque book for diet and

travelling expenses of
complainants and witnesses
(A) 8C Plus and minus memorandum

of deposits. ,, 468
(A) 80 Receipt Books ,, 77

I. LIST OF ACCOUNT FORMS - Contd
(b) Registers
Form Description Rules by By which Period
No. of Form which Court to be which to
prescribed maintained be
preserved
1 2 3 4 5
(A) 9 .. Register of Pay- Volume 1 Sessions Judge/ Twelve
ment Order. Part Rule Chief Judicial Mag- years
VIII 435 istra te / District
Magistrate.
(A) 9A Register of appli- All Criminal Courts. Twelve
cations of payment years
order Sessions Judge/
Chief Judicial Twelve
Magistrate/District years
(A) 10 .. Treasury Pass Do. 442 Magistrate
Book ..
(A) 11 (i) Daily Register of For ever
Do. 450 Ditto
(A) 11 (ii) deposits received.
Part I, A-Deposits
Part II, B-Deposits
(A) 12 (i) Daily Register of Do. 450 Ditto Twelve
(A) 12 (ii) deposits received. years
Part I, A-Deposits
Part II, B-Deposits
(A) 13 .. Clearance Regis- Do. 469 Ditto For ever

ter of A-Deposits.
(A) 14 .. Register of Miscel- Do. 480 Ditto Twelve
laneous Receipts. years
(A) 15 .. Resister of Court- Do. 427 Ditto Three
terfoils of Cashiers years
receipts granted for
Cash Receipts.
(A) 16 .. General Cash-book Do. 428 Ditto Twelve
years
(A) 17 .. Register of Crimi- Rules relating Chief Judicial Magis- Twelve
nal Fines. to fines part trate/Sub-divisionalju-
dicial Magistrate/ District years
VIII Appendix and Subdivisional Mag-
IV Rule l. istrates and Judicial
Magistrate, Executive
Magistrate, Magistrates
other than at Sub-di-
visional Headquarters.

I. LIST OF ACCOUNT FORMS - Contd

(b) Registers
Form Description Rules by By which Period

No. of Form which Court to be which to
prescribed maintained be
preserved
1 2 3 4 5
(A) 17 A Register of Crimi- Rules relating to Chief Judicial Twelve
nal Fines of other Fines Part VIII, Magistrate, Years
districts. Appendix SubdivisionaI
IV, Rule 1. Judicial Magis-
trate, District and
Subdi visional
Magistrates and
Judicial Magis-
trate, Executive
Magistrate, Mag-
istrates other than
at Subdivisional
Headquarters.
(A) 17 B Account of Ditto. Twelve
saleable forms Years
(A) 18 .. Thana Register of Part 1 138 At police- Twelve
warrants for the stations Years
levy of Fines.
(A) 19 .. Register of Con- Government Sessions J udges/ Twelve
tract Contingent Account Rules Chief Judicial Years
Charges. Magistrates/
District Magis-
trates.
(A) 20 .. Register of Con- Government Ditto. Twelve
tingent Charges Account Rules Years
(A) 21 .. Subordinate Part VIII, Subordinate Six
Court's Daily Criminal Court. Years
Rule 457
Advice List to
District Court.
(A) 22 .. Sessions Judges Part VIII, Sessions Judge Twelve
Daily Register of Years
deposits advised Rule 461
by subordinate
Courts.
(A) 23 .. Peremptory Part Ill, Judge in Charge Twelve
Cash Book. of Accounts. Years
Rule 418

II LIST OF REGISTERS
Form Name of Register By which Court to Period for which

No. be maintained to be preserved
1 2 3 4
Register of -
(R) 1 ..
(1) Complains of offences
(2) Unimportant cases Courts empowered to Seven years
sent up by the police in receive complaints.
which a first information
One Year
report is not used.
(3) Miscellaneous cases
(R) 2 .. Magistrates' General Sub-divisional Ditto

Register of cases Judicial Magistrate.
cognizable by the police.
Trial Register All Magistrate who
try original cases.
(R) 3 .. Registerfor pending split All Criminal Courts Three years
up records
(R) 4 .. Register of Appeals/ Appellate/Revisional Seven years
Revision cases. Courts.
(R) 5 .. Register of warrants All Criminal Courts Till all the prisoners
of substantive entered in it have
imprisonment. been released.
(R) 5-A . Register of warrants of Ditto Ditto
imprisonment in default
of payment of fines.
(R) 5-B . Separate Receipt Register Ditto Ditto
(R) 6 .. Diary All Criminal Courts Three years
(R) 7 .. Daily Register of Court All Criminal Courts Three years

fees realised.
(R) 8 .. Register of attendance All Criminal Courts
of witnesses.
(R) 9 .. Register of processes Nizarat or all Ditto

received for issue. Criminal Courts.
(R) 9-A . Register of processes All Criminal Courts Ditto
made over to Nazir for
service.

II. LIST OF REGISTERS
Form By which Court to Period for which

No. Name of Register be maintained to be preserved
1 2 3 4
(R) 10 Register of processes Three years
issued to each police-
sta tion.
Register of Verification
1[(R) 10-A Courts of Sessions Judge of Service Returns of One year from the
and Addl. & Ast. Ses- the prosecu tion wit- date of last entry.]
sions Judge. nesses in Sessions Cases.
Courts of Chief Judicial
(R) 11 .. Register of pleaders and M a g i s t r a t e / S u b -
Mukhtars. divisional Judicial
Magistrate and Judicial
Magistrate other than
at Subdivisional Head-
q u a r t e r s .
Court Inspectors ..
(R) 12 .. Court Inspector's Daily Court Inspectors .. Not specified

Book of Prisoners to be
brought before the
Magistrate.
(R) 13 .. List of Records sent to All Criminal Courts As long as record

District Record Room. are preserved with
District Record
Room.
(R) 13-A .. List of Records placed Subdivisional Judicial For Ever.
on the dormant file and Magistrate /Judicial
consigned to the Record Magistrate in single
Room. Judicial Magistrate
Station/Record Room.
(R) 14 .. List of the record of Sessions Judges Ad- As long as the

sessions cases, Criminal ditional and Assistant records are pre-
Appeals and Revision Sessions Judges, Chief served in Session
sent to the Sessions Judicial Magistrate. Judges, Court or
Judges/District Record Chief Judicial Mag-
Room. is tra te Court.
(R) 15 .. Register o f r e c o r d s District Record Twelve years

removed from the Room Room ...
entered in the despatch
list but kept back by the
despatching Court.

II. LIST OF REGISTERS - Contd.

1 2 3 4
1[(R) 15A Register of requisitions District Record One year.
for documents and records. Room ...
2[(R) 15B Register of defect reports Dist. Record Room One year.
(R) 16 .. Register showing un- All Magistrate em- One year.
der each head of crime, powered to take
the number of offences cognizance of of-
reported, of cases struck fences in complaint
off as false or brought and police cases.
to trial and of persons
acquitted, discharged or
convicted or released
under the Probation of
Offenders Act.
(R) 17 .. Instructions filing up the
above Register.
Courts of all One year.
(R) 18 .. Register of cases decided. Magistrates
(R) 19 .. Register of requisition All Criminal Courts Six years.
for record received.
(R) 20 ..
Register of requisitions All Criminal Courts
for records issued. Six years.
(R) 21 .. Register of Receipts and Court of Sessions Three years
issue of printed forms. Judges, Chief Judicial
M a g i s t r a t e ,
Sub divisional Judicial
M a g i s t r a t e .
(R) 22 .. Register of clerks Court of Sessions For ever

Pleaders/ Mukhtars. Judges, Chief Judicial
M a g i s t r a t e ,
Subdivisional Judicial
Magistrate other than
at Subdivisional
Headquarters.
(R) 23 .. Register of Sessions Courts of Sessions Twelve years

cases .. Judges and Additional
and Assistant Session
Judges.
1. Inserted by C.S. No. 22, IX-11/85, Dt. 26.6.1985.


1 2 3 4
(R) 24 .. Register of Bail orders .. Court of Chief Judi- Three years from
cial Magistrate, the date of the last
Subdivisional Judicial order of recommit-
Magistrate and Judi- ment.
cial Magistrate other
than at Subdivisional
Headquarters.
(R) 25 .. Register of Miscellane- Courts of Sessions Two years
ous Criminal Cases. Judges and Additional
and Assistant Session
Judges.
(R) 26 .. Dormant File Register 1[Court of Sessions For ever.
Judge] Subdivisional
Judicial Magistrate,
Judicial Magistrate in
single Judicial Mag-
istrate station.
(R) 27 .. Register of property.. All Criminal Courts For ever.
(R) 28 .. Register of applications Ditto Two years
for copies.
(R) 29 .. Register of requisition Ditto Three years

and applications for free
copies required by
Public Officers.
(R) 30 .. Register of requisitions All Criminal Courts One year

from the copying District Records Room.
Department.
(R) 31 .. Register of unclaimed All Criminal Courts Twelve years
property ..
(R) 32 .. Register of information All Criminal Courts One year
to parties about stamps
and folios necessary for.
(R) 33 .. Register of Distribution Copying Department One year

of completed applications
for copying.
1. Inserted by C.,S. No. 11, XLlX-D - 46/82, Dt. 13.1.1983.


1 2 3 4
(R) 34 .. Register of distribution Ditto 1 year
of prepared copies to
comparers.
(R) 35 .. Register of copies and All Criminal Courts 1 year

information ready for
delivery.
(R) 36 .. Register showing daily All Criminal Courts 1 year

outturn of typists and
copyist.
(R) 37 .. Register of all registers All Courts .. For ever

to be preserved perma-
nently.
(R) 38 .. Register of all registers All Criminal Courts 3 years

which are to be preserved
for more than three years
but not permanently.
(R) 39 .. Inspection Defect Register. All Criminal Courts 6 years
(R) 40 .. Register of cases dealt All Criminal Courts 12 years
with under the Probation
of Offenders Act, 1932
(R) 41 .. Register of cases in which All Criminal Courts 12 years
proceedings have been
stayed.
(R) 42 .. Register of enquiry into All Criminal Courts 6 years
cases triable by the Courts
of Sessions.
(R) 43 .. Register in token of All Criminal Courts 3 years

acknowledgement of
receipt of Jail warrant
and convict
[1(R) 44] Register of T.I. Parade All Criminal Courts 5 years]
2[(R) 45] Register mentioning the All Criminal Courts 5 years]
particulars of the U.T.Ps.
1. Inserted by C.S. No. 37, No.XLlD-13/90, Dt. 11.2.1992.


III. LIST OF PERIODICAL RETURNS AND STATEMENTS

Description of By what
Form To what Court
periodical return Courts to be
No. to be
or statements prepared and
submitted
submitted
1 2 3 4
Monthly Returns
(S) I Statement of cases Judicial Magistrates, Chief Judicial
brought to trial and Executive Magistrate/ District
disposed of and pending Magistrates. Magistrate/
in the Courts of Sessions Judge,
Subordinate Magistrates.
(S) I-A Statement showing Judicial Magistrates, Chief Judicial
monthly progress on the Executive Magistrate, District
disposal of the year old Magistra tes, Chief Magistrate, Sessions
cases. Judicial Magistrates. Judge.
(S) 2 1 [* * *]
(S) 2-A Special Statement Addl. Asst. Sessions Ditto
showing adjourned Judges, Sessions
Sessions Cases. Judges.
2[(S) 2-AA Statement showing the Special Court High Court]
number of cases under
different Special Acts
3[(S) 2-B Monthly statement Additional Sessions Sessions Judge Sub-

showing the Judge Assistant Divisional Judicial
information to be Sessions Judge Magistrate
entered in the dormant Judicial Magistrates
file Register (R) 26
Quarterly Returns
(S) 3 .. Statement A-of cases Judicial Magistrate, Chief Judicial
brought to trial, etc. Executive Magistrate, Magistrate, District
and of Miscellaneous Chief Judicial Magis- Magistrate, Sessions
cases, remand of cases trate, Sessions Judge, Judge, Chief Judicial
to the Trial Court, etc. District Magistrate, Magistrate.
before the Magistrates. Judicial Magistrates,
(S) 3-A Conscience statement E x e c u t i v e
of Outtum of work of Magistrates ... C.J .M. District Magistrate,
Magistrates employed Sessions Judge Sessions Judges.
in Criminal Courts. District Magistrate. High Court
1. Deleted by C.S. 39 XLIX-D-24/88, Dated 16.3.1992.

2. Inserted by C.S.No. 71, XLV-1/2000, Dt. 5.10.2001
3. Inserted by C.S.No. 69, XLIX-D-8/99, Dt. 18.1.2000.

Description of By what
To what Court
Form periodical return Courts to be
to be
No. prepared and
or statements submitted
submitted
1 2 3 4
(S) 3-B .. Statem ent showing the Chief J u d i c i a l Sessions Judge
Judicial and other work M a g i s t r a t e .
done by the Chief Judicial Sessions Judge
Magistrate High Court
(S) 3-C .. Statement showing the case Additional Sessions Sessions Judge
of which proceedings have Judge, Assistant
been stayed. Sessions Judge, Chief
Judicial Magistrate,
Sessions Judge
(S) 3-D .. 1 [* * *]
(S) 3-E .. Quarterly Balance Sheet S u b d i v i s i o n a l High Court
of Fines Judicial Magistrate Chief Judicial
and Judicial Magistrate.
Magistrate in Sessions Judge
outlying Stations. High Court
Chief Judicial Chief Judicial
Magistrate, Magistrate.
Sessions Judge
(S) 3-F .. Statement of cases of Judicial Magistrate Chief Judicial
embezzlement of Chief Judicial Magistrate
Government money. M a g i s t r a t e Sessions Judge
Sessions Judge High Court
Judicial Magistrate.
(S) 3-G .. Statement showing the Executive High Court

examination of witnesses Magistrate.
and the amount paid as Chief Judicial Sessions Judge
expenses during the Magistrate.
quarter.
Sessions Judge/ High Court
District Magistrate.
1. Deleted by C.S. No.8 IX-D-3/92. Dt. 9.6.1992.

Description of By what To what Court

Form periodical return Courts to be to be
No. or statements prepared and submitted
submitted
1 2 3 4
(S) 3-H .. Half-yearly statement Judicial Magistrate Chief Judicial

of irrecoverable fines Chief Judicial Magistrate
written off by the Chief Magistrate Sessions Judge
Judicial Magistrate. Sessions Judge .. High Court
(S) 4 Statement B of cases Additional Sessions Sessions Judge

pending and disposed J u d g e
of, results of appeals Assistant Sessicns
and applications for J u d g e .
revision, remand of Chief J u d i c i a l l
cases to the Trial Courts, Magistrate. High Court
cases decided under the Sessions Judge -
miscell - aneous
provisions of the Cr.P.c.
(S) 4-A .. Statement of outturn Additional Sessions Judge
of work of Sessions Sessions Judge. High Court
Judges and Assistant Assistant Sessions
Sessions Judges. J u d g e .
Sessions Judge.
Annual Statements
(S) 5 List of Sessions Division Additional and Sessions Judge

and Subdivisions; Assistant Sessions
number of officers J u d g e s . High Court
employed and the Sessions Judges
receipt and charges of District Magistrate.
Criminal Courts.
(S) 6 Statement showing the Judicial Magistrate, Chief Judicial

number of offences Magistrate,
reported, etc. and of Sessions Judge
persons acquitted, Chief Judicial High Court
convicted, etc. Magistrate,
Sessions Judge

Description of By what To what Court

Form periodical return Courts to be to be
No. or statements prepared and submitted
submitted
1 2 3 4
(S) 7 Statement of Miscella- Judicial magistrate Chief Judicial

neous proceedings Executive Magistrate Magistrate
under the Criminal Additional and As- District Magistrate.
Procedure Code. sistant Sessions Judges Sessions Judge.
Chief Judicial Mag-
istrate
(S) 8 Statement showing the District Magistrate .. High Court

results of trials before Judicial Magistrate Chief Judicial
Criminal Courts. Chief Judicial Magis- Magistrate.
trate Sessions Judge ..
Sessions Judge. High Court

(S) 9 Statement showing the Judicial Magistrate Chief Judicial
punishments inflicted Chief Judicial Magistrate.
by Courts of original Sessions Judge ..
Sessions Judge.
jurisdiction. Sessions Judge High Court
(S) 10 Statement showing the Additional Sessions Sessions Judge

results of appeals and Judge, Assistant Ses-
applications for revisions Judge, Chief
sion in Criminal Courts. Judicial Magis tra te
Sessions Judge. High Court
Annual Table
(S) 11 Statement showing the Judicial Magistrate, C.J.M.
detention of witness, Executive Magis- Dist. Magistrate
the number of witnesses trate
discharged without C.J.M.
examination and the Sessions Judges Sessions Judge ..
amount paid as ex- Dist. Magistrate
High Court
penses.
(S) 12 Statement showing the All Judicial Magis- Chief Judicial

persons dealt with trates. Magistrate
under the Probation Chief Judicial Mag- Sessions Judge
of Offenders Act .. istrate High Court
Sessions Judge

IV. LIST OF MISCELLANEOUS FORMS

Serial Form No. Description of Form
No.
1 2 3
1 (M) 1 Form for recording deposition
2 (M) 2 Form for recording confessions
3 (M) 3 Form for recording examination of accused
4 (M) 3-A Application for copies
5 (M) 3-B Application for information
6 (M) 4 Letter to Chief District Medical Officer
to hold post-mortem examination.
7 (M) 5 Letter to Chief District Medical Officer
to examine if persons said to be insane.
8 (M) 6 Letter from committing Magistrate to Sessions
Judge notifying commitment.
9 (M) 7 Court Certificate to be given to
Government or Local Funds servants who
attend Court as witnesses.
10 (M) 8 Letter to the Chemical Examiner /
Serologist requesting him to send his
report to the Court of Sessions.
11 (M) 9 Petition of Appeal
12 (M) 10 Letter calling for records under Section
385(2) or 397 Criminal Procedure Code.
13 (M) 11 Notice of hearing appeal under Section
385(1) and calling for records under-section
385(2), Criminal Procedure Code.
14 (M) 11-A Notice to respondent (accused) in appeal
against acquittal.
15 (M) 12 Notice to Public Prosecutor intimating
him the time and place of hearing of appeal.
16 (M) 13 Hearing of Judgment of Appellate Court.
17 (M) 14 List of Criminal Appeals decided by Sessions
Judge/Chief Judicial Magistrate to be forwarded
to the Supdt. Of Jail for communication of results
of appeal to prisoners.
18 (M) 15 From for intimating orders in Criminal
Appeals and Motions.
19 (M) 16 Letter from the Superintendent of Jail for
warding petition of appeal to the High Court.
20 (M) 17 Order-Sheet for Magistrate's Records.
21 (M) 18 Order-Sheet for Sessions Records.

IV. LIST OF MISCELLANEOUS FORMS - Co n t d,

No.
1 2 3
22 (M) 19 Combined Title page and Table of Contents.
23 (M) 20 List of Articles/Documents admitted in
evidence in Criminal Courts.
24 (M) 21 List of documents produced by Complaint/
Applicant/ Accused Opposite Party.
25 (M) 22 Notice to take back documents.
26 (M) 23 Letter accompanying a Record and Memo of
acknowledgement.
27 (M) 24 Letter advising the despatch of a Record.
28 (M) 24-A Receipt of copies of documents on commitment
of the accused to the Court of Session.
29 (M) 25 Summons to an accused person. Section 61,
30 (M) 25-A Order for transmission of summons to be served
on public servant who is an accused or witness
in a Criminal case.
31 (M) 26 Warrant of arrest. Section 70, Criminal
Procedure Code.
32 (M) 27 Bond and bail-bond after arrest under a
warrant (Section 81, Criminal Procedure
Code).
33 (M) 28 Proclamation requiring the appearance
of a person accused (Section 82, Criminal
Procedure Code).
34 (M) 29 Proclamation requiring the attendance of
a witness (Section 82, 87 and 90, Criminal
Procedure Code).
35 (M) 30 Order of attachment to compel the attendance
of a witness (Section 83, Criminal Procedure
Code).
36 (M) 31 Order of attachment to compel the appearance
of a person accused (Section 83, Criminal
Procedure Code).
37 (M) 32 Order authorizing an attachment by the District
Magistrate or Collector (Section 83, Criminal
Procedure Code).
38 (M) 33 Warrant in the first instance to bring up a
witness (Section 81, Criminal Procedure Code).
39 (M) 34 Warrant to search after information of a
particular offence (Section 93, Criminal
Procedure Code).
40 (M) 35 Warrant to search suspected place of deposit
(Section 94, Criminal Procedure Code).
41 (M) 36 Bond to keep the peace (Sections 106, 107,
Criminal Procedure Code).


No.
1 2 3
42 (M) 37 Bond for good behavior (Sections 108, 109, 110,
43 (M) 38 Summons on information of a probable breach of the
peace (Section 113, Criminal Procedure Code).
44 (M) 39 Warrant of commitment on failure to find security to
keep the peace (Section 122, Criminal Procedure
Code).
45 (M) 40 Warrant of commitment on failure to find security for
good behavior (Section 122, Criminal Procedure
Code).
46 (M) 41 Warrant to discharge a person imprisoned on
failure to give security. (Sections 122, 123, Criminal
Procedure Code).
47 (M) 42 Order for the removal of nuisances (Section 133,
48 (M) 43 Magistrate’s Notice and peremptory Order
49 (M) 44 Injunction to provide against imminent danger
pending inquiry (Section 142, Criminal Procedure
Code).
50 (M) 45 Magistrate’s Order prohibiting the repetition, etc., Of
a nuisance (Section 143, Criminal Procedure Code).
51 (M) 46 Magistrate’s Order to prevent obstruction, riot, etc.
52 (M) 47 Magistrates Order declaring party entitled to retain
possession of land, etc., In dispute. (Section 145
53 (M) 48 Warrant of attachment in the case of a dispute as to
the possession of land, etc. (Section 146, Cri-minal
Procedure Code).
54 (M) 49 Magistrate’s Order prohibiting the doing of anything
on land or water (Section 147, Criminal Procedure
Code).
55 (M) 50 Bond or bail-bond on a preliminary inquiry before a
Police Officer (Section 169, Criminal Procedure
Code).
56 (M) 51 Bond to prosecute or give evidence (Section 170,
57 (M) 52 Special summons to a person accused of a petty
offence (Section 206, Criminal Procedure Code).
58 (M) 52-A Special summons to a person accused of a petty
59 (M) 52-B Form of admission of offence by the accused
60 (M) 52-C Form of admission of offence by the accused
in Oriya
61 (M) 53 Notice of commitment by Magistrate to Public
Prosecutor (Section 209, Criminal Procedure Code).
62 (M) 54 Warrant of commitment for intermediate custody in
cases committed to the sessions (Section 209,
63 (M) 55 Charge with one head (Sections 211, 212, 213,


No.
1 2 3
64 (M) 56 Charges with two heads. (Sections 211, 212,
213, Criminal Procedure Code).
65 (M) 57 Charges with three heads. (Sections 211, 212,
66 (M) 58 Charges with four heads. (Sections 211, 212,
67 (M) 59 Charges after a previous conviction. (Sections
211, 212, 213, Criminal Procedure Code).
68 (M) 60 Warrant of commitment on a sentence of
imprisonment of fine passed by a Magistrate
(Sections 248, 255, Criminal Procedure Code).
69 (M) 61 Form to be attached to all warrants of
commitment. (Sections 248, 255, Criminal
Procedure Code).
70 (M) 62 Warrant of imprisonment on failure to pay com-
pensation. (Section 250, Criminal Procedure Code).
71 (M) 63 Summons to witness. (Sections 61, 244, Criminal
Procedure Code).
72 (M) 64 Order requiring productions in Court of
person in prison for answering to charge of
73 (M) 65 Order requiring production in Court of
persons in prison for giving evidence.
(Section 267, Cr.P.C.
74 (M) 66 Form of letter of request in the case of
examination of witness who is an officer of
the House of People/Council of States.
75 (M) 67 Form of letter of request to be issued for the
production of documents in Court of law from
the records of the House of the People/
Council of States.
76 (M) 68 Form of letter of request in the case of examination
of witness who is an officer of the Legislative
Assembly /Legislative Council of States.
77 (M) 69 Form of letter of request to be issued for the
production of documents in Courts of law from
the records of the Legislative Assembly /
Legislative Council of States.
78 (M) 70 Warrant for intermediate custody. (Section 309,
79 (M) 71 Warrant of commitment under sentence of death
80 (M) 72 Warrant of execution of sentence of a death.
81 (M) 73 Warrant after a commutation of a sentence.


No.
1 2 3
82 (M) 74 Warrant to levy a fine by attachment and sale
83 (M) 75 Warrant of recovery of fine. (Section 421 (b),
84 (M) 76 Bond of appearance of offender released pending
realization of fine. (Section 424, Criminal
Procedure Code).
85 (M) 77 Warrant of release on appeal, (Section 386,
86 (M) 78 Warrant for use by Appellate Court when sentence
is modified on appeal. (Section 386, Criminal
Procedure Code).
87 (M) 79 Order by the Sessions Judge for the release
of prisoner on bail. (Sections 389, 397, Criminal
Procedure Code).
88 (M) 80 Warrant of commitment in certain cases of contempt
when a fine is imposed. (Section 345,
89 (M) 81 Magistrate’s or Judge’s Warrant to commitment
of witness refusing to answer, or to produce
document. (Section 349, Criminal Procedure Code).
90 (M) 82 Warrant of imprisonment on failure to pay
maintenance. [Section 125(3), Criminal
Procedure Code)].
91 (M) 82-A Warrant to in force the payment of maintenance
by attachment and sale .. (Section 125,
92 (M) 83 Bond and Bail-bond on a preliminary inquiry
or trial before a Magistrate. (Sections 436, 441,
93 (M) 83-A Form of application by the surety.
94 (M) 83-B Bond and Bail-bond after conviction [Sections
389(3), Criminal Procedure Code]
95 (M) 84 Bond and Bail-bond upon Appeal (Sections 389,
96 (M) 85 Bond and Bail-bond on Appeal against acquittal
(Sections 390, 441, Criminal Procedure Code).
97 (M) 86 Notice to Bailor to produce a person released
on bail by order of the Appellate Court.
98 (M) 87 Warrant to discharge a person imprisoned on
failure to give security (Section 442, Criminal
Procedure Code).
99 (M) 88 Commission to examine a witness. (Sections
284, 287, Criminal Procedure Code).
100 (M) 88-A Commission to examine witness outside India.


No.
1 2 3
101. (M) 88-8 Commission to examine witness outside India.
[Section 285 (3) of the Code of Criminal
Procedure].
102. (M) 89 .. Warrant of attachment to enforce a bond.
103. (M) 90 .. Notice to surety on breach of a bond.
104. (M) 91.. Notice to surety for forfeiture of bond for
good behaviour. (Section 446, Criminal
Procedure Code).
105. (M) 91.. Warrant of attachment against a surety
106. (M) 93 .. Notice to the Principal for forfeiture of a
bond to keep the peace. (Section 446,
107. (M) 94 .. Warrant to attach the property of the
Principal on breach of a bond to keep the
peace (Section 446, Criminal Procedure
Code).
108 (M) 95 .. Warrant of attachment and sale on forfeiture
of bond for good behaviour. (Section 446,
109 (M) 96 .. Warrant for detention in a Reformatory -
order of detention in a Reformatory School.
110 (M) 97 .. Notice to be issued in cases under Section
113 of the Indian Railways Act, 1890.
111 (M) 98 .. Form of card for pleader’s and Mukhtar’s
registered clerks.
112 (M) 99 .. Daily Cause list.
113 (M) 100 .. Summons to produce documents/things
(Section 88 of the Criminal Procedure Code).
114 (M) 101.. Form of Order for the detention in custody
of an accused person (Section 167, Criminal
Procedure Code).

Schedule XLIII-High Court. (A)1 FROM NO. (A) 1
CHALLAN
PART I
TO BE FILLED IN AT COURT BY THE PAYER
Name, father's Name, father's name

name and address Amount Remarks (if any)
and address of Number of suit or Particulars
1. ACCOUNT FORMS
of person or of receipts rendered

person of persons to date of judicial
persons on whose w hose credit the decree or order (if
behalf the money amount is to be any) under which
is tendered placed ill the Court's the amount is
Books. tendered
1 2 3 4 5 6

Signature of Chief Ministerial Officer Signature of the person tendering the money
PART II
TO BE FILLED BY THE COURT OR UNDER ITS ORDERS
Serial number of challan Date of challan Account to be credited, whether Civil Remarks
suit deposits, fines or forfeitures stamp
duty and penalties, or miscellaneous or
other receipts
1 2 3 4
Signature of the Accountant

TO THE Cashier of the/Officer-in-charge of the Treasury
Receive and credit the above sum if tendered to you before 3 P.M. to today /tomorrow.
Dated Signature of JucLge-in-Charge
PART III
TO BE FILLED IN AT COURT BY CASHIER OR AT TREASURY BY TREASURY OFFICER
Received notes (1)
Received silver and copper

RECEIVED TOTAL RUPEES
Cashier of Court or the Treasury
Treasury No. Accountant of the Treasury
Examined and entered in the books of the Treasury on the (2L ______________Signature of Treasury Officer
NOTE - Four copies of this form are furnished free of cost
(1) Enter here numbers of the notes (2) To be filled in only when presented at Treasury.
1. ACCOUNT FORMS
Schedule XLIII-High't:ourt No.(A) 2 FORM No.(A) 2
PAYMENT ORDER
PART I - Application for payment of Judicial deposits. (To be filled in by the applicant)
Name, father's name Date of the Names of the Date and Amount to Remarks
and address of Court's decree or parties in the case, amount of be paid
applicant. order and number of the deposit
suit case
1. ACCOUNT FORMS
1 2 3 4 5 6
Date .............................
Examined and found correct
Signature af Chief Ministerial Officer Signature o] Presiding Officer
PART II - to be filled in by the Court or under its orders
Serial Date of Court's Challan date of Court's Date of Actual Name, father's Details of
No. payment challan the original number of original amount in name and repayment
order number deposit from original deposit” deposit address of the if any out
which the deposit person at whose of the

payment is credit in original
sought deposit" deposit
1 2 3 4 5 6 7 8 9
Officer-in-charge o] the Treasury

To the ................................ .................at
Cashier of the Court PLEASE pay as above to or order Rs.**
Signature o] Court's Accountant Signature of Judge-in-charge
As per Court's register of deposits received [Form No.(A) 11]** Words and figures. .
Note 1 - This order is not payable more than ten days after date, without a renewal entorGement by the Court, and
it absolutely lapses and ceases to have effect on the 31 st March next.
Note 2 - Payee is hereby to take notice that after tender and payment of this order the Treasury Officer will admit
no further responsibility. It is the duty of the payee to see to the proper custody of his document until it is cashed.
Note 3 - The signature below the words "Examined and found correct" in Part 1 of this form must of course be
held to indicate that the officer signing the certificate has satisfied himself that the applicant is the proper party to
receive payment of the amount claimed," and that the particular stated are correct; while the Judge-in-charge will be
responsible that the amount claimed is in deposit, that there is no bar to payment and that the name of the claimant
corresponds with that of the payee entered in his Register.
PART III. to be filled in at Treasury (or at Court, if payable there)
Received Contents, Rupees
Stamp of 20
P. if for
more than
Signature of disbursing cashier Rs.20
Payee’s Signature
Treasury No.

Pay Rupees.
The ...........................19
Exd. and Entd. Accountant Officer-in-charge of Treasury
For use in Accountant-General's Office
Admitted in Iull.. ......................Auditor, Admitted Rs........... Objected Rs ................
1. ACCOUNT FORMS
Grounds of objections- Auditor

Schedule XLIII-High Court No.(A) 3 FORM No.(A) 3
REFUND OF LAPSED DEPOSIT
To
THE ACCOUNTANT-GENERAL, ORISSA
Sir,
1. ACCOUNT FORMS
The following refunds, Lapsed Deposits, Aggregating Rs. (in words ) have
been claimed by ............... of ............. whose identity and title to the money I have satisfied myself. I request
you sanction to be refund : -
Class of Particulars of Original Balance credited to Date of Amount Remarks
deposit Deposit Government lapsed claimed
statement
Year No.

Rs. P. Rs. P.
The 20 Judge, Magistrate or other officer

Accountant-General's Office No. Dated
Sanctioned
Received payment Accountant-General

Receipt
Date Stamp Claimant
Pay Rupees ( ) only

Examined
Accountant
The 20
Treasury Officer

Note - The signature of the claimant should be obtained on this form and the form should be returned as voucher
support of the debit.
1. ACCOUNT FORMS
Schedule XLIII-High Court No.(A) 4 FORM No.(A) 4
FORM OF ORDER FOR REFUNDS OF REVENUE
District of Refunds of Revenue including fine Voucher No. of List
of payment
Head to which Chargeable Refund and Drawbacks For 20
In whose On what Amount Date Amount Treasury Name of Amount Reasons
name account realised of in Officer's payee refunded and
1. ACCOUNT FORMS
credited received pay- which signature to be (authority)

ment included in token for refund Certifica te of
into and of departmental note
Trea- head to verification of refund
sury which of
credited Treasury
Credit.
1 2 3 4 5 6 7 8 9 10
This order of refund has
Reasons been registered and noted
Authority foragainst the original receipt
entry in the departmental
Sanctioned account under my initials

and previous order for

Controlling refund of the same sum
Officer or h a s n o t b e e n i s s u e d .
........ Signature _______
Designation ____
No........ Date
Date .....
Received payment Passed for payment
Claimant's Signature Magistrate or other Officer
The______________20 Stamp, if Pay Rupees _________________( ) only
requird Accountant Officer-in-charge of Treasury
Examined
Note 1 - This order is not payable more than ten days after date without a renewal enforcement
the Court, and it absolutely lapses and ceases to have effect on the 31 st March next.
Note 2 - No useful check can be exercised over refunds of revenue in the Account Office,
exception in cases where full details of the collections of such revenue are received in that office,
other than the Treasury accounts or other documents, e.g., Fine Statements. It is therefore essential
that every refund should be noted against the original credit in the court's account where all sums
3 entered in detail. This voucher for refunds provides for a certificate of such note having been made
The officer who received the amount should fill in columns 1 to 5 of the form and sign the
certificate in column 10, while the Treasury Officer or the Sub - Treasury Officer should verify the
credit by means of the particulars in columns 4 and 5 and after his signature in columns 6 in token
of his having done so. The sanction necessary for refunds of revenues is regulated by the order of
the State Government. This sanction may either be given on the voucher itself or quoted in it a
certified copy being attached when such orders are not separately communicated to the Audit Office .

1. ACCOUNT FORMS
1. ACCOUNT FORMS
FORM No.(A) 5
ADVICE LIST TO TREASURY FOR CHEQUES ISSUED
ABOVE RUPEES 100 IN AMOUNT
To
The Officer in-charge of the Treasury...................................
At ...................... Dated ................ the ........................ 20 ...................
Sir,
I am to advise having to-day issued upon you the under noted
cheques for sums exceeding Rs. 100, amounting in the aggregate
to Rupees.*
*Amount to be entered in words.
Yours faithfully,
Judge-in-charge / Magistrare-in-charge
Serial To whom Amount Date of Amount Initials for

number of payable payment paid Treasury
Remarks
payment Officer
order checking
issue
1 2 3 4 5 6 7 8 9
Rs. P. Rs. P.

Schedule XLIII-High Court No. (A) 6 FORM No. (A) 6
DAILY ADVICE LIST OF RECEIPTS AND PAYMENTS AT THE
TREASURY AT ON THE REQUISITION.
* Date of last prior transaction The of 20
Court's Court's Detailed head of
Court No. Court's Detailed head of payments
number of date of receipts
of the date of
challan challan Payment Payment
order order Total
payments
Criminal Court
deposits
Total Reports
Repayment of cri-
minl Court deposit
Refund
Refund of unclai-
med property
Miscellaneous
refund
1 2 3 4 5 6 7 8 9 10 11 12 13 14
Total receipts Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.

and payments
at the Treasury
Total as per
Pass Book
dated
Grand Total
1. ACCOUNT FORMS
* The date of last prior transaction should Invariably be filled in.

1. ACCOUNT FORMS
Schedule XLIII - High Court No. (A) 6-A.
FORM No. (A) 6 - A
Monthly statement of total peremptory receipts and disbursements for the
month of -
The account of money in the hand of the Nazir for the month of -
(A) Balance in hand - Rs.
(B) Total Receipts during the month - Rs.
Total Rs.
----------------
(i) Withdrawals from Treasury Rs.
----------------
(ii) On other account Rs.
Total Rs.
(C) Total payment during the month - ---------------
Rs.
Rs.---------------------------
---------------------------
(i) Into the Treasury Rs.
(ii) On other account Rs.
Total- Rs.
(D) Balance in hand Rs.
Abstract for use in Treasury
Receipts Payments
(A) + (B) (ii) Rs. (c) (ii) Rs.
“Deduct (C) (i) Rs. * Deduct
* Because the amount has
+Deduct (D) (A) (ii) Rs .
already been incorporated
in Treasury. Because the Balance Rs. Balance Rs.
Amount will not appear
in the Treasury account
during the month.
Pasted on the receipt Rs. and on

the payment side Rs. per contra
A-G's Office Treasury Officer
Auditor Superintendent
Forwarded to the Treasury Officer for incorporation in the

Treasury
Designation

1. ACCOUNT FORMS
FORM No. (A) 7
Schedule XLIII - High Court (A) 7
Statement of Lapsed (i) Deposits of the Treasury for the year,'20
(1) Civil
Criminal
Courts
PARTICULARS OF FOR USE IN ACCOUNT ANT REMARKS

DEPOSITS GENERAL’S OFFICE
Number Amount of
Year Number Balance and date refund Initials
lapsed pf refund sanctioned
order
Rs. P. Rs. P.
NOTE - A separate statement must be rendered for each of the three

kinds of balances therein indicated to be transferred to credit of Government,
and only one kind of hem should be entered in each page of this form, i.e.,
this page should contain six items.

Schedule XLIII - Form No. 8-A FORM (A) 8-A
BILL FOR DIET AND TRAVELLING ALLOWANCE TO WITNESSES ATTENDING THE COURT FOR
THE PURPOSE OF GIVING EVIDENCE DURING THE MONTH OF ...................................20...........
Voucher No. of list for 20
Travelling Allowance
Diet Allowance Profes- Total of Remarks
By Road By Road By Rail sional columns
No. of Amount
witnesses Daily Total No. Total Amo- Total Amo- Amount allow- 5, 7, 9
Class of witness rate* of days ance 10 & 11
1. ACCOUNT FORMS
No. unt No. unt (for

for which
of of details
the
Kms Kms see
allowance
reverse)
is given
1 2 3 4 5 6 7 8 9 10 11 12 13
Class (a) Labour or the
poorer class.
Class (b) - Cultivators,
artisans petty traders and
others in a similar condi-
tion of life.
Class (c) - Persons of
better position.

Grand Total
'Vide paragraph 237 (7) B & 0 Treasury Manual Pay Certified that the allowance charged in this bill have actually been disbursed and are in
Rs ................F ..................Rupees (in words) accordance with the rates authorised by Government. Vouchers for payment in excess
examined and entered. of Rs. 25 to anyone person are attached. I have, as far as possible, obtained vouchers
Accountant Treasury Officers
Dated 20 for other sums and am personally responsible that they have been so destroyed, defaced
or mutilated that they cannot be used again. Received contents
NOTE of audit in Accountant General’s Office
Admitted Rs Objected Rs on the following grounds - District Sigllntllre .
Auditors Examiner Su perinten denl Dnted............ ....... Designation .
Statement of details in support of Travelling charges of witnesses drawn overleaf
Class of witnesses Single or return From To Rate No. Of fares Total Remarks
journey charges
1 2 3 4 5 6 7 8

1. ACCOUNT FORMS
FORM No. (A) 8-B
Schedule XLIII - High Court (A) 8-B
A.G.No.222
FORM No. (A) 8-B CHEQUE BOOK FOR DIET AND TRAVELLING
A.G.No.222 EXPENSES OF COMPLAINANTS AND WITNESSES
No. ........................................... No ...............................................

1. ACCOUNT FORMS
Date ........................................ Date ...........................20 ............

To whom payable ................................. Pay ..............................................
Case ......................................... Rupees ........................................
for attending my Court as a Witness or Complainant in
case ..................................................
Versus
To

Total Rs. ..........................
THE NAJIR OF THE COURT
Magistrate
Magistrate
1. ACCOUNT FORMS
FORM No. (A) 8-C

Schedule XLIII - High Court No. (A) 8-C
PLUS AND MINUS MEMORANDUM OF DEPOSITS IN
THE OFFtCE OF .......................................FOR THE
MONTH OF .......................20..........
Balance of last month

Amount of A deposits Repaid during the month
received during the month Not repaid during the month
Amount of B deposits Repaid during the month

received during the month Not paid during the month
Total
Received in all previous year
Received last year
Received {Previous month

Amount of A deposits during
repaid during the month current Year. {Current month
Amount of A deposits
repaid during the month Received during 20 - 20
Received during 20 -20
Total
Total
Balance of deposits outstanding -
CERTIFICATE
CERTIFIED that on a comparison of Treasury Advices with postings
therefrom in the *guard fife of chalans and in the Registers of Payment Order of
Deposits.
Receipts and of Repayments, the amount entered above as received and paid are
correct.
[u dge-in-ch arge
The 20 Magist r a tc-in-cluirge
NOTE - The repayment of B deposits received in the year of account
and in the year next proceeding should be shown separately.
For use in Civil Courts only.

1. ACCOUNT FORMS
FORM No. (A) 8-D
Schedule XLIII - Form (A) 8-0

RECEIPT BOOK
No ............................
Book No. .................................. Of 20..............
From whom received ...................................................
On what account ..........................................................
Amount
Rs. P.
In cash ..........................................
In stamps ......................................
Total. ........................................
..................................................
Rupees .............................only
Receiving Officer
Receiving Officer
Dated......................................... 20 .....................

FORM No. (A) 9
Register of payment orders issued by the of in the month of 20
Date Consecutive To whom Nature of Amount cashed Initials of Date Initials
number of paid repayment and in Treasury Judge-in- of of Remarks
payment number of item charge/ payment by Session
orders the Register of Court Treasury Magistrate judge-in- Judge/
receipts against in-charge charge/ Chief
which it is to be Magistrate- Judicial
taken in-charge Magt./
Distrte
Magistrate
1 2 3 4 5 6 7 8 9 10
Rs. P. Rs. P.

NOTE 1 - After the receipt from the Treasury advice of the last day of the month the monthly totals of this Register
should be compared with the monthly totals of the Register of Repayments of Deposits and of any refunds of fines or
miscellaneous recepts granted. The difference, if any will be on to orders but cashed and the amount of those which have lapsed
should be written off.
2. The signature of the recipients with the date of receipt of the payment order should be taken in the Remarks
1. ACCOUNT FORMS
column.
I. Serial number
2. Name of applicant
3. Nature, number and year of the case
4. Name of the Court
5. Date of application
6. Date of sending to the Accountant for
Sheristadar and the Accountant.
audit
7. Date of return by the Accountant
Schedule XLIII - High Court (A) 9 - A
8. Date when sent to the Record Room

9. Date of receipt in the Record Room
10. Date of return by the Record-keeper
11. Date of receipt in the office
12. Date of audit by the chief ministerial
officer.
FORM No. (A) 9
13. Date when sent to the Accountant.
2. Entries should be numbered serially according to the financial year.

14. Date when sent to the Acct. General for
sanction
15. Date when received back from the
REGISTER OF APPLICATION FOR PAYMENT ORDER
Acctt.- General
16. Date when payment order passed or in
case of refund orders the date when
be required only to fill up columns 1 to 4 .and 9 and 10 and the Accountant Columns 1 to 4, 6, 7 and 13 to 16.
sent to the Treasury for encasement
17. Remarks
3. Applications for payment orders filed by the Nazir should be entered in the Register maintained both the
Note 1 - This Register will be kept by every Sheristadar, Accountant and Record-keeper. The Record-keeper will
1. ACCOUNT FORMS
1. ACCOUNT FORMS
Schedule XLIII -. High Court (A) 10
FORM No. (A) 10
TREASURY PASS BOOK
Remittance from the Court of the Sessions Judge/Chief Judicial
Magistrate/District Magistrate to the Treasury
Date of Court's Court's Head of Am- Signature
remittance serial particulars account aunt of
to the number of receipt under ini tials
Treasury of chalan which to of
be Treasury
sche Officers
duled
at Treasury
1 2 3 4 5 6
Rs. P.

Schedule XLIII - High Court (A) 11 (i) and (A) 11 (ii).
FORM Nos. (A) 11 AND (A) 11 (ii)
DAILY REGISTER OF DEPOSIT RECEIVED IN COURT OR ADVISED AS HAVING BEEN RECEIVED IN
THE TREASURY OF
ART I-A-DEPOSITS IN THE MONTH OF 20 PART II-B DEPOSITS
1. ACCOUNT FORMS
Details of repayment
Total repayment
Initials of Judge-in-
charge /Magistrate-in-charge
to Government
Balance credited to
Clearance Register.
Amount of each repayment

Amount lapsed and credited
Initials of Judge-in-charge /
Date
Initials of Judge-in-charge/
Date

of each deposit
No. of calan and date
From whom received
Nature of deposit with
name of payee
Initials of judge-in-
charge /Magistrate-in-charge
Monthly total
Date
Date
Initials of Judge-in-charge/
Annual consecutive No.

Amunt of each deposit
Date of receipt
l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
2l.
22.
23.
Note - A separate Register in is form will be maintained for each of the two classes of deposits A and B. Each entry in
this Register should be initialled by the Judge-in-charge/Magistrate-in-charge after comparison with the corresponding entries
in the Chalans and Register of Payment Orders. This form should be used for two years only., after which the unpaid balance
should be transferred to the Clearance Register as required by Rule 450, Part VIII, Page 145, Vol. 1.
FORM Nos. (A) 12 (i) AND (A) 12 (ii)
Schedule XLIII - High Court (A) 12 (i) and (A) 12 (ii).
DEPOSITS REPAID AT THE TREASURY OF OR REPAID AT THE COURT
AND ADVISED TO THE TREASURY DURING THE MONTH OF
[To be maintained by the Judge-in-charge of Accounts and to be preserved for 12 years]
Dates as to Present Received during Initials
Details of deposits Repayments current year of
Date Number Account Date of Date of Number To Whether Received Rec- Previous Current Accou- Judge
as per or cashing granting of repa- whom paid in in all eived month month ntan in-
Register balance payment payment yment paid cash or iprevious last char
Remarks
of of order order as voucher by year year gn

receipts deposit whether per transfer
at Court Court's
or at Register
Treasury
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Rs. P. Rs. P. Rs. P. Rs. P.

Note 1 - Separate Register must be maintained for each of these two classes of deposits.
Note 2 - Columns 13 and 14 are not required to be filled up in the copy sent to the Accountant-General
Note 3 - Each entry in this Register should be compared with the corresponding entries in the Register of Payment
1. ACCOUNT FORMS
Orders.
1. Date
2. Number of each deposit
3. Name, Father’s name and
caste and address oi the
person from whom received.
4. Name, father’ name, caste
and address of the payee.
Schedule XLIII - High Court No. (A) 13
5. Nature of each deposit

Rs. P.
6. Balance of each deposit

Rs. P.
7. April
8. May
9. June
FORM No. (A) 13
10. July
Rs. P. Rs. P. Rs. P. Rs. P.

11. August
12. September
13. October
In the second year after Reeipt
Details of Repayments to be posted
14. Novembeer
CLEARANCE REGISTER OF “A” DEPOSITS RECEIVED AT ................................
15. December
16. January
Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.

1. ACCOUNT FORMS
17. February
18. March
19. April
TREASURY IN 20
20. May
21. June
(In the Accountant-General’s Office)
22. July
23. August
24. September
25. October
26. November
27. December
In the Third year after Receipt
28. January
STILL OUTSTANDING ON 1ST APRIL 20
29. February
30. March
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.
31. Total repayments on
each deposit
Rs. P.
32. Balance of each deposit
lapsed and credited to
Rs. P.
Government.
1. ACCOUNT FORMS
FORM No. (A) 14
REGISTER OF MISCELLANEOUS RECEIPTS IN THE COURT OF THE DURING THE MONTH OF
Consecutive Number Date of From Nature of receipt i.e., - Amount Total Remarks
Date of
number in of remittance whom (1) Sale or credit of
realisation
the Register challan to the receive unclaimed property
1. ACCOUNT FORMS
Treasury credited to
Government
(2) Forfeitures
(3) Sale-proceeds of old
furnitures and store,
etc.
(4) Other Miscellaneous
receipts.
1 2 3 4 5 6 7 8 9
Rs. P. Rs. P.

Schedule XLIII - High Court No. (A) 15 FORM No. (A) 15
REGISTER OF COUNTER-FOILS OF RECEIPTS
No ............................ GRANTED BY CASHIER FOR PEREMPTORY
Dated ......................... CASH RECEIPTS
Name of payer ..............................................................
.......................................................................................
No ................... Date ...................
.......................................................................................
Received from ......................
On what account ................................................... the sum of .
....................................................................................... Rupees (signed)
....................................................................................... Cashier of the Court of the ....................
At ..............................................
Amount.................................................................
.......................................................................................
.......................................................................................

Note - The counterfoils and the corresponding receipts
should be serially numbered before this book is brought
into use.
1. ACCOUNT FORMS
FORM No. (A) 16
GENERAL CASH BOOK
Dr.
Amount received
Challan From whom On what Number To whom Amount
number received account of paid paid
Petty Other payme
1. ACCOUNT FORMS
receipts receipts order
1 2 3 4 5 6 7 8

1. Consecutive number
2. Number of case
3. Name of Magistrate imposing fine
4. Name and palace of residence ofoffender
5. Offence and date of sentence
6. Amount of fine
7. Substantive
nment
In default fine
Impriso-
8. Date of issue of warrant for realisation

of fine
9. The Police-station/Collector of the
District or both to which issued
10. Signature of the Bench Clerk of the

Magistrate imposing fine
11. Signature of Magistrate imposing fine
12. Date of return of warrant
1. Substituted by C. S. No. 67, XLIX-D, 20/97, Dt. 21.4.1998.

13. Amount realised and date of realisation
14. Balance
15. Amount paid into Treasury and date
Register Of Criminal Files Of The Office
of payment
16. Signature of Clerk-in-charge of the fine
FORM No. (A) 17
Register
17. Amount remitted, written off or lapsed
18. Signature of Bench Clerk of Court
to which the entry relates
19. Signature of Magistrate imposing fine
For The Month Of
20. Signature of Judge-in-charge/Magistrate-

in-charge of the fine register
20
21. Date on which the notice of realisation

of fine is sent to jail
22. Date on which the notice is received
back from jail after amendment of
warrant.
23. Remarks
1. ACCOUNT FORMS
I. Serial Number
2. Number of case
3. District of Court imposing fine
4. Name and office of Judge/Magistrate
imposing fine
5. Name and place of residence of offender
6. Amount of fine
7. Date of receipt of warrant for realisation
of the fine amount from other district
8. Date of issue of warrant to police-station
9. Police-station to which issued
10. Signature of the Clerk-in-charge of the

Fine Register.
II. Signature of Judge-in-charge /Magistrate-
in-charge of fines
12. Date of return of warrant
13. Amount realised and date of realisation
14. Balance
15. Amount paid into Treasury and date
FORM No. (A) 17
of payment
16. Signature of the Treasury Muharrir
17. Date on which notice of realisation of
fine is sent to other district.
18. Date on which acknowledgment of receipt
of notice is received.
19. Signature of the Clerk-in-charge of the
fine Register.
20. Signature of the Clerk-in-charge/
Magistrate-in-charge of fine
REGISTER OF CRIMINAL FINES OF OTHER DISTRICTS FOR THE MONTH OF 20
2I. Remarks
1. ACCOUNT FORMS
Schedule XLIII - High Court (A) 17-8 FORM No. (A) 17-B
ACCOUNTS OF SALEABLE FORMS
(with sample entries)
Date Application Application Price Number and Initials of the Remarks
for copy for date of chalan Judge-in-
imformation by which paid charge
into treasury
1 2 3 4 5 6 7 8 9
Note - The balance should be struck at the close of the month. Cashier
FORM No. (A) 17-C
Fine Realisation Statement
1. Serial No. 7. Date of commitment to Jail to serve.
2. Name of the Court out the substantive imprisonment
and / or imprisonment in default
3. Name and address of the convict of payment of fine.
4. No. and year of the Case nature of 8. Date of termination of the Sentence
offence· 9. Date of realisation of fine amount Magistrate
10. Whether fine realised in full or part
5. Date of conviction 11. Remarks
6. The Sentence imposed in the Case

No......................... Dated ...........
Forwarded to the superintendent of :........ Jail at ........ in duplicate for effecting necessary amendment
in the original commitment warrant, release diary in accordance with the above memorandum and release
him if otherwise not required to be detained.
Magistrate
Returned to the .................... Magistrate/Judge .............. after effecting necessary correction in the original
commitment warrnt and release diary on this day of .............. 20, in accordance with the memorandum.
1. ACCOUNT FORMS
1. Inserted by C.S. No. 56, IX-9/93, dt. 4.4.1996.

FORM No. (A) 18
THANA REGISTER OF WARRANTS FOR THE LEVY OF FINES
Conse- Number Officer Name of Amount Date of its Date of its Amount
cutive and issuing offender and for which receipt in return to realised Date Balance
number date of offence, and warrant is the police Court and of of fine
remit- outsta
Remarks
1. ACCOUNT FORMS
year- warrant date of issued station issuing the remitted

wise sentence warrant to Court tance nding
1 2 3 4 5 6 7 8 9 10 11

FORM No. (A) 19
REGISTER OF CONTRACT CONTINGENT OF THE .................... DEPARTMENT OF THE ..............
DISTRICT FOR 20 ........
Registers - A separate register must be maintained for each Department on account of which there is a separate
allotment for contract contingencies. It should be opened with the allotment on 1st April, the bank money column being
filled in with such headings as are peculiar to the department in addition to those printed, Classification _ The kinds of
payments, to be recorded under each head are detailed in Appendix C to the Bihar and Orissa Treasury Manual,
expenditure must be shown as incurred on the account on which it is made. Permanent Advance - The permanent advance
must be recopued on the last working d ay of each month as also when the charge of office is transferred in course of the
month. Contract Contingent Bill - When it becomes necessary to draw money from the Treasury, the several columsn
should be totalled, and only the totals of the each of the columns should be posted against the printed hearing in the
contract contingent bill - Numbering Bills. There should be a separate annual series of numbers given to the bills drawn
against each allotment. Allotment - It must be distinctly borne in mind that, for any excess over allotment the drawing
officer is hel dpersonally liable, and that unless he can procure exemption from Government the amount will be recovered
from his personal allowances. Variations in Allotment - Each increase or decrease should be entered in the columns
provided therefor immediately it is known.
Explanation of
each addition
and deduction in

columns 2 and 3
Contract bill
charges
furniture
up-to-da te
present bill
Officer’s
and there after Allotment

as per bill last presented
column 4.
1. ACCOUNT FORMS
1. Date
2. To whom paid
3. Description of charge
4. Number of Sub-voucher
5. Number given to each
6. Hot and clod weather
7. Tour charges
8. Country stationery
9. Repair to tents
10. Purchase and repaid of
11. Office expenses
12. Miscellaneous
13. Service postage stamps
14. Service Telegram
15.
16.
17.
18.
19.
20.
21.
22. Total of present
23. Total of all bills drawn
24. Allotment in 1st April
25. Add
26. Deduct
27. Net allotment at time of
28. Other uses
29. Transfer to
30. Controlling
31. Other uses
1. ACCOUNT FORMS
FORM No. (A) 20
REGISTER OF CONTINGENT CHARGES
(N.B. - A.G. B. & O. Form No. 241 of Schedule XXV is to be intended for and used.)
FORM No. (A) 21
Schedule XLIII - High Court No. (A) 21
Subordinaie Court's Daily Advice List of slims received and paid un der the
Order of the Court of ......... on the ........ day of ..........20, being the
date of actual receipt of act u at disbursement at the Court of at the Treasury.
N.B. - [This statement is to be complied from registers Nos. (A), 11 (A),
12, (A), 14]
Receipts Rs. P. Payment Rs. P.
Judicial deposits Repayment of deposit exceeding

exceeding Rs. 5 each in amount Rs. 5 each received in
all previous years as per detailed
register attached [Form No. (A) 12]
Judicial deposits of
Rs. 5 and under
Fines and forfeitures Repayment of deposits exceeding
in amount Rs. 5 each received in
last year.
Stamps duty and Repayment of deposits exceeding
penalties in amount Rs. 5 each received
during the previous months of
the current year.
Miscellaneous and Repayment of deposits exceeding
petty receipts in amount Rs. 5 each received
during the current month.
Repayment of B deposits received
during the year of account.
Repayment of B deposits received
during the year of account.
Total Total
Certified that this statement has been examined with the Cash Book and
Registers of chalan and payment orders and is correct.
Certified also that the registers of deposits not exceeding Rs. 5 are written
up to dateand are in order.
To the Session Judge of
The date of last prior transaction should invariably be filled in.
Note - This daily advice list will be furnished only by the Judge-in-charge of
accounts of the Courts at other than the Sadar Station who may either the
Subordinate Judge and Munsif but no such list will be sent by any of the Court to the
Sadar Station - Vide Signature at foot.

FORM No. (A) 22
DISTRICT JUDGE'S DAILY REGISTER OF DEPOSITS ADVISED AS HAVING BEEN RECEIVED
AND REPAID UNDER ORDER OF THE SUBORDINATE COURTS
Deposits exceeding in Amount Deposits of Rs. 5 and Under
Date of Rs. 5 Each
actual REPAID ON AMOUNT
receipt or Daily
ACCOUNT OF REPAID
1. ACCOUNT FORMS
repayment Balance
CURRENT YEAR Total B
as advised Amount
Previous Current repaid Previous Current
Initial of
months month years year

District Judge
Total amount
received
Repaid on account
of all previous years
Repaid on account
of past year
Amount received
1 2 3 4 5 6 7 8 9 10 11 12
Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P. Rs. P.

Note - The column marked A should be proved monthly by comparing the different between it and the column
“Total amount received” with the statement of outstanding deposits. The columns marked 8 should be tested by comparing
the balance on the last day of each official year with the list of in paid deposits.
FORM No. (A) 23
PEREMPTORY CASH BOOK OF THE COURT OF THE FOR THE DAY OF THE MONTH OF 20
Dr.
ON ACCOUNT OF ON ACCOUNT OF
1. ACCOUNT FORMS
repayment
officer
deposit
travelling allowance
travelling allowance
I. Serial number of deposits

2. From whom received
3. Particulars
4. Witnesses expenses
5. Prisoner's diet
6. Commissioner's
7.
8.
9.
10. Total
II. Date (and amount) of
12. Initials of the Cashier
13. Initials of the Checking
14. To whom paid
15. Particulars
16. Serial number of the
17. Witnesses' expenses
18. Prisoner's diet
19. Commissioner's
20.
21.
22.
23. Total
24. Signature of payee

Note - (1) When unexpended diet money is refunded by a peon the amount shall be entered in this Register
against a new serial number. The serial number of the original deposit being written the letter thus 27/7.
(2) Recipients of money should be required to affix their signatures in the last column against each item of
money paid to them. The practice of bracketing two or more items and affixing one signature should not be permitted.
(3) When any payment is made by money orders, the money order receipts in original shall be pasted into the
column provided for “Signature of Payee”.
II. REGISTERS
FORM No. (R) 1
Register of - (1) Complaints of offences
(2) Unimportant cases sent up by the Police in which a First
Information report is not used
(3) Miscellaneous cases
Serial Date of Name of Number Nature Order

number com- complai- and names of case passed
for the plaint or nant/ of accused and with date
year infor- infor- person or section PreIimi Final
Remarks
mation manti persons/ of law nary
or insti- applicant opposite
tution party
against
whom the
nformation
1 2 3 4 5 6 7 8
Note 1 - Separate volumes should be kept for Register of (1) Complaints
of offences, (2) Unimportant cases sent up by the Police in which a First
information report is not used, (3) Miscellaneous cases.
2. The register of complaint of offences should be divided as follows-
(i) 1 C.C. Register - Register of complaints filed by private individuals.
(ii) 2 C.C. Register - Register of complaints on written report filed
by Government officials.
(iii) 3 C.C. Register - Register of complaints filed by local bodies
or authorities.
2. C.C. Register should be Sub-divided into three parts namely 2 (a)
C.C. Register of complaints filed by Excise Department, 2 (b) C.C. Register
of cases filed by Forest Department and 2 (c) C.C. Register of cases filed
by all other Government Officials. Similarly, 3 C.C. Register should be Sub-
divided into three parts, namely, 3 (a) C.C. Register of cases filed by the
Municipality, 3 (b) C.C. Register of cases filed by Grama Panchayats and 3
(c) C.C. Register of cases filed by local bodies except Municipality and
Grama Panchayats. Separate serial numbers should be assigned in each
volume to different types of cases from number one and the case number
noted against the same.
3. Every order' of transfer shall be entered in Column 6.

4. The result of any appeal or application for revision should be
entered in the column for Remarks.

II. REGISTERS
5. The dates of adjournment till the date when the case is sent to
the trial file of each case should be entered in column 6.
6. In the case of the Register of “Unimportant cases” the name of
police-station may be noted in the remarks column or in column 1.
The following additional instructions should also be observed in
the case of Register of Miscellaneous cases.
1[7. In this Register will be entered all cases falling under Sections
82, 83, 107, 108, 109, 110, 133, 143, 144, 145, 190 (1 )(c), 345, 349, 350,
125,127,128,446,457 and preliminary enquiries under Section 340 and
proceedings for realisation of amounts recoverable as fines under Sections
250, 357, 359, 421 and 424 of the Criminal Procedure Code and Section
22 of the Cattle Trespass Act 2[and case under Section 11 (4) of the Prevention of
Food Adulteration Act, 1953.] For cases under Sections 113 and 114 of
the Indian Railways Act, a separate register shall be maintained.]
8. This Register is intended to show all cases instituted and dealt
with in the district or sub-division as the case may be. When subordinate
Magistrates deal with such miscellaneous cases, their Bench Clerks should,
at regular intervals furnish the Head Clerk of the Chief Judicial Magistrate
or Sub-divisional Judicial Magistrate with information regarding them in
order that they may be entered in the District or Sub-divisional Register.
(i) As stated in Note 8 above, this Register is intended to show all
cases instituted and dealt with by the Magistrates. Applications, petitions
etc. which have been simply filed and no action taken thereon, should not
be entered in it.
(ii) The date of institution in miscellaneous cases is the date on which
any proclamation is published, process issued, or order made, or on which the
accused is produced in Court or called upon to show why an order should not
be made against him.
(iii) An order for sale of attached property under Section 83 of the
Code should be treated as equivalent to a conviction even though the attached
property be subsequently restored under Section 85 (3).
(iv) The number of persons discharged or against whom order is
made should in cases otr.er than those under Sections 107, 108, 109,
110, 144, 145 of the Criminal Procedure Code be noted in the column for
remarks.
9. Magistrate holding Mobile Courts should take the Trial Register
with them and enter all cases taken cognizance of by them during Mobile
duty. After return to the Court the Bench Clerk should fill up those cases in.
the concerned register in this form with the help of the Trial register.
10. Cases under Sections 112 and 122 Indian Railways Act not
cognizance by the Police are to be entered in this register. Cases sent up
by Police without First Information Report should be entered in the register
of unimportant cases.
3[11. Serial number of the pending cases at the end of the year
should be noted in red ink at the front page)
1. Substituted by C.S. No. 27-XLIX-Dt. 20/87, Dt 26.9.1987.

2. Added by C.S. No. 41-IX 4/89, Dt. 27.6.1992.
3. Inserted by C.S. No. 28-IX-17/87, Dt. 25.9.1987.
FORM No. (R) 2
MAGISTRATE'S GENERAL REGISTER OF CASE COGNIZABLE BY THE POLICE
Serial l[police- Date of information Date of Name of Return of police Order passed
No. for station and and crime as receipt Parties investigation i.e. with date
the police case receipt by the (1) Nature and date of Preli- Final
year. number] reported to the by the Magis- offence minary
Police with Section trate Crime established
Remarks
of Penal Code and before police with

other law
Section and,
(2) Arrests made, etc.
1 2 3 4 5 6 7 8 9
Note - (1) Every order of transfer shall be entered in remarks column.

(2) The dates of adjournment of each case should also be entered in remarks column.

(3) The result of any appeal or application for revision should be entered in the column for remarks.
(4) Cases under Section 112 and 122 Indian Railways Act, cognizable by police should be entered in this Register
2[(5) Serial number of the pending cases at the end of the year should be noted in red ink at the front page].
1. Substituted by C.S.No. 12.IX- 12/82, Dt. 13.1.1983.

2. Inserted by C.S.No. 29, IX -17/87, Dt. 25.9.1987.
II. REGISTERS
II. REGISTERS
FORM No. (R) 3
TRIAL REGISTER
Register of cases instituted or received on transfer for enquiry or
trial in the Court of Magistrate of
Date of Date of Name of Nature
institution receipt compla- of the
Serial number for the
Appea- of the inant or case
Final order and date

Number of accused
with
Result of appeal or
ranee of case informant
the
the last section
Case number
accused of the
Penal
Remarks
revision
Code
or other
year
act
1 2 3 4 5 6 7 8 9 10
Note 1 - Each Court will have a serial number of its own.
2. The dates of adjournment of each case should be noted in the Remarks column.
3. Case number of different register should be distinguished by the letters C
for "Complaint Register" case G. for "General Register" case U for "Unimportant
Register" case M for "Miscellaneous Register" case.
4. This Register shall be maintained by all Magistrates who try original cases.
5. Receipt of the case upon remand shall be noted in red ink in column 1.
6. A case in which the proceeding is stopped under Section 258 Cr.P.C. and
subsequently revived after appearance fo the accused should be restored to its
original number but where accused is apprehended and brought to trial after
destruction of the trial register, a new case should be registered in the
register which is in use then.
7. Serial number of the pending cases at the end of the year should be noted
Cases under Sections 113 and 114 Indian Railways Act should be entered
in the Register only when they become contested.
9. In all instances where the accused is in custody, the letter 'C' in capital shall
be written within bracket in red ink in column 6 immediately after the name of the
accused concerned and it should be scored through as soon as he is enlarged
on bail wh the date of release noted under a line below the bracket. The entry
shall be made each time and when the accused is subsequently taken to custody
in the case date of such remand to custody noted below the entry.
10. Magistrates holding Mobile Courts should carry the registers with them
and enter all cases taken cognizance of by them during Mobile duty. After
return to the Court the Bench Clerk will fill up the column 2 of this register.
These cases may be indicated by the letter 'M' below the serial number of
cases of column 1 for the purpose of distinguishing them from regular cases.
11. Cases instituted under the Criminal Law Amendment Act should be entered
in this Register, separate register in respect of such cases should be opened
for each district.

1
Sl. No.
2
Case No. Trial No.

3
Name of the absentee accused persons with

address
Name and address of the bailor for the
4
absentee accused persons

5
Order No. and date of split up record

1. Inserted by C.S. No. 62 IX - 5/96, dT. 18.6.1997
Date of consignment of the original record
6
to the record room

7 Action taken against absentee accused ,
persons
Date of appearance or apprehension of
8
FORM No. (R) 3-A
the absentee accused persons

Whether split up records find entry in
Register For Pending Split Up Records
9
(R) 1 and (R) 3
Date of disposal of the split up records
10
and date of consignment of the same to
record room
Date of transfer of the split up records
11
to dormant file if any
Remarks]
12
II. REGISTERS
FROM No .. (R) 4
REGISTER OF APPEALS/REVISION CASES
Serial Date of Number and Number and Order or sentence By whom the Final order Remarks
number filing name of names of order or passed with
for the appellants or respondents appealed against
or of which sentence was
applicants date
II. REGISTERS
year or of revision is sought passed

opposite
parties
1 2 3 4 5 6 7 8

Note 1. Separate volumes should be used for Appeals and Revision cases.
2. The date of sending a copy of the judgment to the lower Court shall be entered in the remarks column.
3. When appeal or revisions are transferred to the other Courts, the date and the Court to which transferred
should be noted in the remarks column.
4. When Criminal appeals or revisions are transferred to the file of Additional Sessions Judge or Assistant Sessions
Judge or Chief Judicial Magistrate and disposed of by those Courts necessary information shall be sent to the Court of
Sessions Judge for filling column 7 of the Register.
FORM No. (R) 5
REGISTER OF WARRANTS OF SUBSTANTIVE TERMS OF IMPRISONMENT
with name of the Court

other than the convicting
Court granting the bail.
itment of the accused
with date.
with Section (s) of the

offence.
1[with name of the Court
and result of the same
case
with date.
sentenced
Convict on bail.]
imprisonment would
ordinarily terminate
warrant is received by
the Court after execution.
of detention of cinvict]
amount has been written

off or remitted
the jail.
warrant after termination
of imprisonment.
5. Date of commitment to
7. Date (s) of release of the
6. 2[Date (s) of bail order
8. No. and year of the case
4. Term of imprisonment
9. No. of appeal or revision
1 . Number and year of the

3. Date of sentence
2. Name of the person

17. Remarks
12. Date on which the

14. Date on which the
16. The precondition period
15. 3[Whether the fine
11. Date of recommitment to
10. Steps taken for recomm-

13. Steps taken for return of
Notes -
(1) Prisoners should be entered according to the date of sentence in chronological order. Warrants when returned shall be filed with
record of the case to which they belong so as to form part of that record. (2) In case of release of convict on bail on the day of
judgment, column 11 shall be left blank and shall be filled up at the time of commitment to jail. (3) When the accused is sentenced to
imprisonment for life, the words "whole life" shall be entered in column 11. (4) When the sentence of imprisonment is set aside, the
original entry in column 11 shall be refunded up in red ink. (5) When sentence of imprisonment is modified, a fresh entry in red ink be
made below the original entry in column 11. *(6) Names and addresses of the surety/sureties and the period for which the interim bail
order enures shall be noted in the "Remarks column. (7) This register shall be put up to the Presiding Officer or his successor-in-
office once a week, for his verification. (8) Cases in which sentence is imposed for the first time by the appellate Court, i.e. in case of appeal

against acquittal, shall be entered in this Register. The date of sentence passed in the High Court or Supreme Court shall be deemed to be
date when the original sentence was passed and accordingly the entries in other columns as necessary would be
made. (9) Case of persons imprisoned under Section 122 Criminal Procedure Code for failure to give security should be entered in this
register. (10) Cases of persons referred for confirmation of death sentence need not be entered in this register.
* Deleted Foot Note NO.6 foot note No. (7) to (11) renumbered as foot notes No. (6) to (10) vide C.S.No. 3.IX-21/80, Dt. 9.2.1982.
1. Inserted by C.S.No. 55, XlIX-O-24/95, Ot. 6.2.1996.
2. Inserted by C.S. No. 19, XlIX-O-14-84 Ot. 25.8.1984 and Columns 7 to 14 re-numbered as Columns 8 to 15.
II. REGISTERS
3. Inserted by C.S. No. 30, IX-21/87 Dt. 23.5.1988.

FORM No. (R) 5-B
SEPARATE RECEIPT REGISTER
Serial Number Name I[Natlire Date on Nature of 3[Number of Action Date of

No. the of of the the of which the orders appeal or taken for recommitment
case parties Final orders passed by revision and recornm the of
Order appellate the name of the itment convict
appellate/ Appellate of the
Remarks
passed by or
the Trial revisional revisional Court/ convict
Court] Court is Court Revisional to jail
received Court.]
1 2 3 4 5 6 7 8 9 10

1. Inserted by C.S. No. 73 (IX-3/2009, Dt. 19.1.2010)
2. Re-numbered ibid.
3. Inserted by C.S.No. 18, XLIX-D, 21/84, Dt. 6.10.1984.
II. REGISTERS
II. REGISTERS
FORM No. (R) 6

DIARY
.............................................................................. Magistrate took his seat
at .............................................A. M.
Petitions Nos. ............................................. To .............................received
The following work fixed for the day was dealt with in the
manner indicated in each case -
The Court rose at ............................... P.M.

Statement regarding the No. of witnesses in attendance, examined,
discharged, etc.
1. No. of witnesses in attendance

2. No. of witnesses examined and discharged
3. No. of witnesses examined in chief
4. No. of witnesses declined and discharged
5. No. of witnesses detained
6. No. of witnesses examined under Secs. 202, 340 Cr.P.C.
FORM No. (R) 7

l[REGISTER OF PETITIONS AND COURT-FEES IN THE
COURT OF THE] .............................................. ]
............................................................................
[The Form No. (R) 9 of the G.R. & C.O. (Civil) Volume - II
be used]
2[ * * * ]
1. Substituted by C.S.No. 9, XLIX-S/80 Dt. 9.6.1982.

2. Deleted by C.S.No. 26, IX-10/87, Dt. 26.9.1987
FORM No. (R) 8
REGISTER OF THE ATTENDANCE OF WITNESSES
Date of attendance Discharged
Registers Nos. (R) 1

or (R) 2
cross examination
declined
Presiding Officer
1. S1. No. of witnesses

2. Name of witness
3. Number of case in
4. 1st day
5. 2nd day
6. 3rd day
7. 4th day
8. 5th day
9. 6th day
10. On the 1st day
11. On the 2nd day
12. On the 3rd day
13. After the 3rd day
14. Examined
15. Tendered but
16. Not examined
17. Initials of .
18. Remarks
Note - (1) For instruction see Rule 85 Part I, General Rules and Cicular Orders, Volume I.
Note - (2) Columns 1 to 4 should be filled in daily for every witness reported to be in attendance for the first time, and columns
5 to 9, as may be necessary, on account of the subsequent appearance of the same witness. If a witness has to re-appear after
having been six times in attendance, a new series of entries in red ink must be made in columns 4 to 9 immediately under the
previous entries. Columns 10 to 16 should be filed up after the witnesses' final discharge according to the entries made in columns 4 to
9 and the initials of the Presiding Officer are required in column 17 to vouch for the correctness of the entries in the Register.
Note - (3) Witnesses who, after having been discharged are resummoned for cross-examination under the provisions of
Sections 243 and 247 Criminal Procedure Code, should be regarded as witnesses who have reappeared and should in accordance
with the instructions given in Note 2 above, be entered in columns 5 to 9.

Note - (4) Case number of different Registers should be distinguished by the letters C for "Complaint Register" case, G for
“General Register" case, U for "Unimportant Register" case and M for "Miscellaneous Register" case.
Note - (5) Information regarding witness examined in chief only should be noted in the remarks column.
Note - (6) When a case has been transferred from one Court to another and entries in respect of the witnesses who had
appeared in the transferer Court columns 10 to 13 in respect of discharge of this register of the transferer Court should be left blank
with a note underlined and dated in red ink to the effect that the case in which these witnesses had appeared has been so transferred.
Note - (7) When a Magistrate receives a case on transfer for trial, the witnesses in attendance on the day of the transfer
should be entered in this Register and opposite each such entry a note within brackets should be made showing the date or dates of
II. REGISTERS
the appearance of such witnesses before the transferer Court to transfer of the case.
2.
1.
l. Serial No. of process

2. Nature of process whether
to be served by post or by
process server
3. Court from which the process
is issued
4. Number of case
and effective service of such process.
5.
unit
systems
1[Place
Beyond 8
by village
kilometres
Substituted by C.S.No. 2, IX-16/80 Dt. 2.1.1981.

from Court
6.
unit
system
and distance
Within 8
of village
kilometres
7. Number of duplicate
FORM No. (R) 9
processes accompanying the

original.
8. Date of deposit of Talbana
9. Date of receipt by Nazir
10. Name of serving Officer and
date of delivery to him
REGISTER OF PROCESSES RECEIVED FOR ISSUE
11. Date, when returnable
Inserted by C.S.No. 10, XLlXD-11/82 Dt. 9.6.1982 and Columns 6 to 14 renumbered as Columns 7 to 15.
12 . Date of return to Nazir
13. Date of return of process/
postal A.D. or the postal cover
to the Court
14. 2[Signature of the clerk of
the Court with date]
Note - Processes received from other districts should be entered in red ink and steps should be taken for prompt
15. Remarks
II. REGISTERS
FORM No. (R) 9-A
REGISTER OF PROCESSES MADE SERVICE OVER TO THE NAZIR
Serial Number and Name of Nature Date Date Receiver's Date of Remarks
No. year of the person of of when initials with return
case to the processes issue returnable dates
which the to whom
process issued
relates
1 2 3 4 5 6 7 8 9

Note - If the process is sent by post, the fact may be noted in the remarks column.
II. REGISTERS
II. REGISTERS
FORM No. (R) 10
REGISTER OF PROCESSES ISSUED TO EACH POLICE-STATION
Police-Station :-
Serial Number Name Nature Date Date Date Remarks
No. and of the of when when when
year person proc issue of sent to received
of the to esses processes police back
case whom was station
issued ordered
1 2 3 4 5 6 7 8
Note - This register should also be maintained in ledger from ..........................

one section being allotted to one specified police-station.
l[FORM No. (R) 10-A
REGISTER OF VERIFICATION OF SERVICES RETURNS
OF THE PROSECUTION WITNESSES IN SESSIONS CASES
attendance of witnesses, If summons
Names of prosecution witnesses
with adresses who are summoned
Whether Service is sufficient/

Mode of Service against each
not received after due service

No. and Year of the Sessions
Date of return after service
Steps taken to procure the

Date of Issue of Summons
Date fixed for Trial
Name of the Court
as witnesses .
insufficient
Serial No.
Remarks
witness
Case
1 2 3 4 5 6 7 8 9 10 11
1. Inserted by C.S.No. 57-IX-6/96, dated 30.1.1997.

II. REGISTERS
FORM No. (R) 11
REGISTER OF PLEADERS AND MUKHTARS IN THE
COURT OF THE
At
[Form No. (R) 24 of Schedule XLII of Volume II, Civil, is to be
indented for and used]
FORM No. (R) 12
COURT SUB-INSPECTOR’S DAILY BOOK OFPRISONERS
,
TO BE PRODUCED BEFORE MAGISTRATE
Name Date Initial of Date Order Signature Initial of

of and Court and of of Officer- Jailor
prisoner time Sub- time Magis- in-charge against
when Inspector when trate of escort the
received receiving prod- against
by the the uced the names names of
Court prisoner before of the prisoners
Sub- before the prisoners sent from
Inspector Magis- sent Court
the trate from
Court
1 2 3 4 5 6 7

FORM No. (R) 13
LIST OF RECORDS SENT TO DISTRICT RECORD ROOM FROM THE COURT OF
Sl. Serial Name Number Name Name Final Result Class of Date Number Date of
of and of order each file when of shelf destructio
No. number of of kiisposed and rack of files
of case in Magis- year of ompl- passed (A) &
accu- appeal of and in the and
the with (B) of
II. REGISTERSS
trate the ainant sed or shelved District initials

Primary details of the case
and case on in the Record of
Remarks
register sentence revision under

station the and date Rule 223 District Room officers
of Part III Record superint
trial Room ending
register decision
destruction
1 2 3 4 5 6 7 8 9 10 11 12 13

Date of despatch.......................................... Signature of officer of despatching Court
Date of receipt ....................................................... Signature of District Record-keeper
Note 1 - Separate list should be prepared for cases falling under the proviso to Rule 223, Part III, Volume I, Criminal.
Note 2 - Case number of different primary registers should be distinguished by the letter C for Complaint Register
Case, G for General Register case, U for Unimportant Register case and M for Miscellaneous case.
FORM No. (R) 13 - A
LIST OF RECORDS PLACED ON THE DORMANT FILE AND CONSIGNED TO THE RECORD
ROOM FROM THE COURT OF SHRI ........................................................
Sl. No. Names Date of order Date when No. of Date when Date when Remarks
No year of of of the placing the received in shelf and requisition record is
the case parties. record on the the Record rack in for record sent to the
dormant file Room the is received Trial Court
Record from the
Room Trial Court
1 2 3 4 5 6 7 8 9

II. REGISTERS
FORM No. (R) 14
1ST OF RECORDS OF SESSIONS CASES, CRIMINAL APPEALS AND REVISION CASES SENT TO
THE SESSIONS JUDGE'S/DISTRICT RECORD-ROOM FROM THE COURT AT ............................
II. REGISTERS
Register
Nature of the case with the
section of the Penal Code or
other Act application.
Name of parties
Date of decision
File A or B
Date when disposed of and
shelved in the Record room.
Number of shelf and rack in
the Record room.
Date of destruction of files
and initials of officers
Remarks
superintending destruction.
Serial Number
1 2 3 4 5 6 7 8 9 10

Date of despatch -
- Signature of the Officer of despatching Court
Date of reciept -
- Signature of the Sessions Judge's/District Record-keeper.
Note - Class of case under Rule 223, Part III, Volume I, Criminal should be noted in the column for remarks.
FORM No. (R) 15
removed from the Record Room
REGISTER Of RECORDS .................................... BUT KEPT BACK BY THE DESPATCHING COURT
entered in the despatch list
Record-keeper's
number and date (on
the requisition) or
Designation of the
Date of return
date of receipt of
Court or office to
record from Court.
Date of restoration
of record to its proper
despatch list.
which the record is
sent or by which the
Court’s date and
back after due date

number (on the
record has been kept

requisition) (a).
Consecutive number
in despatch list and
date fo decision of
record kept back (b).
Nature, number and
year of case with date
of disposal and the
name of the Court to
which the record
relates.
Names of the parties
Date of removal of
record (with initials
the clerk who of
removes it (a).
place with initials of
Remarks
the clerk who

restored it.
1 2 3 4 5 6 7 8 9 10
(a) This column need not be filed up when the record has been kept back by a despatching Court.
(b) This column need not be filled up when record is removed from Record room on requisition.
Note 1 - When a portion only of the record is removed particulars of the papers should be entered in column 5.
Note 2 - The number and date of each reminder issued should be entered in column 10.

l[FORM No. (R) 15-A
REGISTER OF REQUISITIONS FOR DOCUMENTS AND RECORDS
Date when received Serial No. Tow horn handed Date of compliance, or (in the case of a
in record room over for compliance defective requisition) of return with
initials of Record Keeper
1 2 3 4
1. REGISTERS
1. Inserted by C.S.No. 21
[FORM No. (R) 15 - B
Register of Defect Reports
Sl. No. No. No. Nature No. and No. of Date of Date of Date of
date of sending receipt of restoration
II. REGISTERS
No Of the and and of date of Remarks

requisition requisitioned the record of records
Court year of date of defects reminders received and the
record to the to its
suit or issue found if any for the Court original place
case of record concerned defect
with defect for from the report after
compliance District compliance
date of report of defect Record
disposal found room
1 2 3 4 5 6 7 8 9 10 11]

1. Inserted by C.S.No. 64, IX-5/96, Dt. 18.06.1997.
1
Serial number for the year

2
Register of complaints of offences

Magistrate’s General Register
3
of cases cognizable by the Police

Register of unimportant cases
sent up by the Police in which
4
a first information report is not

................................
Serial number in the
used.
5
Register of miscellaneous cases

6
Previous year 20
in
Current year 20
7
reported
Offences
Complaints dismissed under

8
Section 203 Criminal Procedure
code
Other cases found to be false
9 10
Previous year 20
in
of
Case
be true
Current year 20
11
reported
offences
found of
[FORM No. (R) 15 - B
Register of Defect Reports
Cases pending at the close of
12
the year
Cases brought to trial during
13
the current year
14
Acquitted or discharged
Convicted
OR CONVICTED, IN THE COURT NUMBER OF HEAD OF CRIME .....IN 20 .............
15 16
Died, escaped or transferred
Number of persons
Remaining under trial at the
17
end of the year REGISTER SHOWING UNDER EACH HEAD OF CRIME THE NUMBER OF OFFENCES REPORTED, OR
CASES STRUCK OFF AS FALSE OR BROUGHT TO TRIAL’ AND PERSONS ACQUITTED’ DISCHARGED,
18
Remarks
II. REGISTERS
II. REGISTERS
FORM No. (R) 17

INSTRUCTIONS FOR WRITING UP STATISTICAL REGISTER 1
1. This Register is intended to facilitate the preparation of Annual
Statement 2, and the following instructions should be observed in writing it
up.
General
2. Apart from Certain miscellaneous proceedings under the criminal
Procedure Code, this register has reference to Judicial work
alone.
3. Offences under each head of crime, as specified in the
“SCHEDULE OF OFFENCES”appended to Form No.(S) 6, infra, should
be entered in a separate page or pages, as may be necessary. No cases under
the Criminal Procedure Code except those indicated in it must be entered.
The list given of offences under “Special and Local Laws” is not meant to
be exhaustive. Separate pages should be provided and arranged in
alphabetical order for each law against which it is alleged that offences have
been committed. Separate pages should also be provided for attempts,
where not separately specified in the schedule. Abetment should be
included in the pages provided for the substantive offences abetted. In the
pages provided for heads of crime, numbers 9 and II, an entry should be
made in the column for remarks of the persons
dealt with summarily under the provisions of chapter XXI of Criminal
Procedure Code; and in the pages provided for other heads of crime, an
entry of the cases in which the complainant was required to pay
compensation to the accused under Section 250 in addition to the
punishment inflicted upon him, was reuqired to give recognizance or
security to keep the peace under Section 106. In the page provided for
heads of Crime 79 and 80, “Security for good behaviour,” a note should
be made in that column of the cases in which the orders of the Court
of Sessions were taken under Section 122.
4. Entries relating to the cases of escaped prisoners should be
struck out. On the recapture of the latter, their cases should be entered
as new cases.
5. The final result of trial as regards each person will determine
the head of crime under which entries regarding him are to be made, and the
Magistrate who disposes of the case should in case of doubt, himself give
the necessary direction, In the case of complaints dismissed under Section
203 of the Criminal Procedure Code or where the charge is found to be false
or the facts alleged do not amount to an offence the head of crime should be
that of the offence substantially imputed. Where an accused is tried under
more than one head of charges he should be exhibited under the principal
one only unless he happens to be accused of entirely distinct offences
supported be separate evidence, in which case the trials should be shown
separately, and the results independently.

II. REGISTERS
6. Cases should be entered in the Register as final orders are
passed in cases pending in the close of the previous year in columns
1,2 to 5, 6 and in columns 8, 9 or 10; cases instituted during the year
in columns 1,2 to 5, 7 and in column 8, 9 or 11. The series in column 1
will be continuous and with the exception of columns 2 to 5 the entries
in the other columns up to and inclusive of column 13 will be in the
form of a separate series for each column. At the close of the year,
pending cases will be added in columns 1, 2 to 5, 7, 12 and also, if
necessary, in column 13 in which cases the persons concerned should
be entered in column 17. The aggregate of the fine entries in columns
8 to 12 should agree with those of columns 6 and 7. The last entries in
columns 6 to 13 and the totals of columns 14 to 17 will give the figure
required for the corresponding columns of Annual Statement 2.
Regarding the filing up of the several columns.
7. Columns 2 to 5 - The number of the case as given in Primary
Registers 1 to 4 should be entered in these columns.
8. Column 6 - Enter all offences (cases) pending at the close of
the previous year.
9. Column 7 - All offences (cases) of which information was
given complaint made or cognizance taken under Chapters XII, XV of
the Criminal Procedure Code, for the first during the year, are to be
shown, if alleged to have occurred in the district, although some of
the charges may not have been prosecuted or may have been found to
be false, provided that the cases were/dealt with by a Magistrate in
his Judicial capacity. .
10. Column 8 - Enter all complaints (cases) inclusive of cases
reported during, and pending at, the close of the previous year,
dismissed under Section 203 of the Criminal Procedure Code, during
the year.
11. Column 9 - Enter all cases other than those shown in column
8, in which during the year a Magistrate declared that the charge was
false or that the facts alleged did not amount to an offence or that the
offence never occurred, inclusive of cases pending from the previous
year and so dealt with during the year. Include cases in which the
complaint was adjudged to be frivolous or vexatious, and the
complainant was fined under Section 250 of the Criminal Procedure
Code. Exclude charges rejected by the Police unless a Magistrate
declared them to be false, acting in a Judicial capacity.
12. Column 10 - Enter cases found to be true during the year out
of those entered in column 6. (This information, though required by
the Court is not required by the Government).
13. Column 11 - Enter cases found to be true during the year out
of those entered in column 7.
14. Column 12 - The entry in this column should be the balance
of the cases entered in columns 6 and 7 after deducting those entered
in columns 8, 9, 10 and 11.

II. REGISTERS
15. Column 13 - Is intended to show only cases brought to trial
during the year and should not include cases pending at the close of the
previous year.
16. Column 13 to 17 - No person who has not appeared personally
or by agent in Court is to be included in Annual Statement - (2), but all
persons who have appeared, who is obedience to summons, warrant, or
other process or voluntarily, to answer a criminal charge should be shown
as under trial. So also persons discharged from bail taken under Section
169 without appearing before a Magistrate should not be entered.
Accordingly, those cases only in which an accused persons has appeared
personally or by agent before a Court and the persons who so appeared,
are to be entered in these columns. Persons remaining under trial at
the close of the previous year and those received by transfer from other
districts during the year should be included in columns 14 to 17.
17. Columns 14 and 15 - These columns are intended to show the
result of trials in Magistarte’s Court as regards persons whose case were
disposed of by Magistrates and in Court of Sessions as regards persons
whose cases were disposed of by those Courts. In cases referred to by
subordinate Magistrates under Section 323 and 325, and by Courts of
Session under Section 366 of the Criminal Procedure Code, the results
to be shown are those of the Court which received and dealt with the
reference. Should this Court not have decided in any case by the end of
the year, the person concerned in the case should be entered in the
column “Remaining under trial at the close of the year”.
18. Column 16 -It is not intended that any person should be entered
in this column as disposed of by transfer was from one district to another,
or from one kind of Court to another. As for example, from a Civil or
Revenue Court under Section 346 of the Criminal Procedure Code.
19. Column 17 - Persons remaining under trial in Courts of
Magistrates and in the Courts of Sessions in cases of commitment to
those Courts, as also the persons whose cases were referred to a Superior
Court, alluded to in the instructions regarding the filling up of columns
14 and 15, and undecided at the close of the year should be entered in
this column.
20. Column 18 - In this column should be noted the names of the
Courts or districts to which the cases of any of the persons entered in
columns 16 were transferred. If the acquittal or discharge of the person
shown in column 14 was due to the case having been compounded,
withdrawn or dismissed for default of appearance under Sections 256,
257,249,320 of the Criminal Procedure Code, the fact should be noted
in this (column 18) in order to facilitate the compilation of the figures
which are required to be noted in Annual Statement 2 (vide “Instruction”
and “Note” to Annual Statement 2)
NOTE - This Register should not be kept in the form of a bound book, but
the pages of the different heads of crime should be filled together and additions
and insertions made as required.

1. Serial No. of the case in this Register
2. Register of complaints of offences
3. Magistrates General Register of cases
cognizable by the Police
Serial No. In the
4. Register of unimportant cases sent

up by the police in which a first
information report is not used
5. Register of miscellaneous cases
6. Date of appearance of the accused
7. Date of decision
dealt with
the present year
8. Number of days during which the

Number of persons
case lasted
Brought to trial during
9. Remaining at the end of last year

10. Under arrest
11. Upon warrant
act
12. On summons
13. Voluntarily
the Probation
of Offender’s
14. Received by transfer

15. Total of columns 9 to 14
16. Died, escaped or transferred
On regular trial
FORM No. (R) 18
17. Acquitted or discharged

18. Appealable sentence passed
VIII of 1897
Section 31, Act,
dealt with under
19. Non-appealable sentence passed

AT ................................... IN THE YEAR 20 ...........
21. Released after admonition under

Section 3
20. 1 Released on probation under Section 4
Act
21. Discharged after admonition
23. Delivered to parent or guardian
the Probation
of Offender’s
24. Appellable sentence passed
Persons whose cases were disposed of
25. Non-appealable sentence passed

26. Released after admonition under
Section 3
On summary trial
REGISTER OF CASES DECIDED IN THE COURT OF ................ EXERCISING THE POWERS OF
27. Released on probation under Section 4
28. Discharged after admonition
VIII of 1897
Section 31, Act,
dealt with under
Released under Youthful offenders Released under Youthful offenders
29. Delivered to parent or guardian
II. REGISTERS
REGISTER OF CASES DECIDED - CONTD.
Number of Persons sentenced to Detail of punishment
cases Imprisonment
Disposed Imprisonment fine fine
of during 15 day 6 months 2 years 7 years
II. REGISTERS
the year and and and and

under under under under
year
examined
compensation
were commuted to detention in
reformatory school

24. Committed or referred
25. Total of column 17 17 to 23
26. Brought to trial during the
27. On regular trial
28. On summary trial
29. Number of witnesses
30. Forfeiture of property
31. Rigorous
32. Simple
33. With imprisonment
34. Without imprisonment
35. Rupees 10 and under
36. Forfeiture of property
37. Rigorous
38. Simple
39. With imprisonment
41. Without imprisonment
45. Rupees 1,000 and under
46. Above Rupees 1,000
47. Amount of fine, imposed
48. Amount reaIised
49. Amount paid by way of
50. Rigorous
51. Simple
52. Rigorous
53. Simple
54. Rigorous
55. Simple
56. Rigorous
57. Simple
58. Number of boys whose sentence
59. Remarks
Instructions - A separate Register must be kept for each Court and the designation of the Presiding
ficer and the powers exercised must be stated in the title with a view to the entry of the figures against the
rper Sub-heads in Column 1 of Annual Statement 4. Only cases of the kinds provided for in the schedule
ached to Annual Statement 2 should be included in this Register. The entries are to be made in it at once
the conclusion of each trial and the persons entered will either then or afterwards, as found convenient, be
ted up in Statistical Register under each head of crime. The headings of the Register it will be observed,
nost exactly correspond with the headinds of Annual Statements 4 and 5.
This Register and the Preceding Statistical Register are to be kept up for the purpose of the
com-pilation of Annual Statement.
In Column 32, cases brought to trial during the year will be distinguished. At the close of the
year the persons concerned in the cases in the pending file must be added in the appropriate columns
1 to 6 and 10 to 15 the number of cases in column 32 and the number of witnesses examined in column
35 to complete the figures for the Annual Statement.
A separate note should be made in column 59 of this Register to show how many of the persons
entered in column 10 were brought to trial under arrest by the police and how many under arrest by
other agency e.g. Forest or Excise officers, private presons, etc.
Column 48 - A separate page or separate pages of the Regisrer of a current year should be
re-served and utilized for fines imposed during previous years, but realized during such current year.
Section of the Penal Code or other Local or Special Laws applicable should be noted below the
case number.
If in any case compensation was allowed under Section 250 of the Criminal Procedure Code or
recognizance or security taken under Section 106 of the Criminal Procedure Code, the fact should be
noted in the remarks Column. Cases dealt with under Section 258 Cr.P.C. may be shown in Column 17.

Cases U / S 446 Criminal Procedure Code, should be entered in this register.
1[In Column 6, the date on which copies of Police Papers have been supplied to the accused in
Police Cases and the date on which all the accused appear in complaint cases should be noted.”]
II. REGISTERS
1. Inserted by C.S.No. 34, IX-6/88 Dt, 13.2.1992.

II. REGISTERS
FORM No. (R) 19

REGISTER OF REQUISITION FOR RECORD RECEIVED
(Form No.(R) 19-A (Civil) is to indented for and use]
FORM No.(R) 20
REGISTER OF REQUISITION FOR RECORDS ISSUED
(Form No.(R) 19-8 (Civil) is to indented for and used]
FORM No.(R) 21
REGISTER OF RECEIPTS AND ISSUES OF PRINTED FORM
(Form No. 114 of Schedule LIIl to be indented for and used]
FORM No.(R) 22 CIVIL & CRIMINAL

REGISTER OF CLERKS OF PLEADER/MUKHT AR
(Form No. (R) 25 of Schedule XLII, of Volume II, Civil is to be

indented for and used]

[FORM No. (R) 23
REGISTER OF SESSIONS CASES
Serial No.
Name of the committing
Magistrate and the number
Name, age or supposed age
and discription of each
accused persons
Offences-nature of
Whether the accused is In
jailor on bail
Date of offence
Date of apprehension
Date of commitment
Date of receipt of commitment
of the case on his file.

in the Sessions Court
if any
1.
2.
3.
4.
5.
6.
7.
8.
9.
10. Final order with date
11. Results of appeal or reference,
12. Remarks

NOTE - 1. Separate register shall be maintained for each district.
2. The date of sending copies of Judgments to the District Magistrate should be noted in the Remarks column .
3. When Sessions cases are transferred to the file of additional Sessions Judges or Assistant Sessions Judges
and disposed of by those Courts, necessary information shall be sent to the Court of Sessions Judge for filling columns
10 and 11 of the Register.
4. Cases transferred to the Chief Judicial Magistrate under Section 228 (1) Criminal Procedure Code, 1973
shall be noted in the Remarks column.
II. REGISTERS
1.
1. Name of accused
No.6.
2. Court by which sentenced

1[and the case
number]
3. Date of sentence
4. Original term of sentence
5. Date of bail order
Added by C.S. No.16 XLIX D-16/83 dt.5.1.1984.
6. Date of release on bail
7. Name and address of
surety
8. Date of order of the court
of appeal or revision
[FORM No. (R) 23
termina ting bail

REGISTER OF BELL ORDERS
9. Term of modified
sentence
10. Date of receipt of the
order of recommitment
11. Date of commitment or
recommitment as the
case may be.
12. Remarks
NOTE - Both the dates of bail order by the trial Court under Section 389 (3) Cr.P.C. And by the appellate Court
under Section 389 (1) Cr.P.C. should be shown in Column 5 and the date of release on bail by the trial Court in Column
II. REGISTERS
II. REGISTERS
FORM No.(R) 25
REGISTER OF MISCELLANEOUS CRIMINAL CASES
Serial Date of Number of Name of Result Remarks

No. Application the section parties
1 2 3 4 5 6
NOTE - 1. Cases under Section 123 (1) and (2) Criminal Procedure
Code dealt with by the Chief Judicial Magistrate may be entered in this register.
2. Petitions under Section 116 (7). 123 (2), 167 (6), 408, 439 (2), 440
'[* * *] Criminal Procedure Code, shall be registered as Miscellaneous
cases.
2[3. Petitions for bail filed under the second proviso to Section 81 of the
Criminal Procedure Code, 1973 dealt with by the Chief Judicial Magistrate
shall be entered in this register].
FORM No.(R) 26
DORMANT FILE REGISTER
Date when consigned to record
Reason for keeping the case on
doormat file 7 deal in the trial

Date when taken out from the
Date of Order for keeping the
Date when sent to the Record

room for being placed on the
Date of disposal of the case.

No. & year of the case
case on doormat file.

Name of the parties
doormat file.
doormat file.
Serial No.
Remarks
room.
file.
5.
6.
7.
8.
9.
1.
2.
3.
4.
5.
1. Deleted by C.S, No.17IX-1/82 dt. 8.5.1984.

2, Inserted by C.S. No. 52 IX -7/92 dt. 3.4.1993

3.
2.
1.
L. 1[Serial No.
2. Number of Sessions or Criminal cases
3. No. & Year of the case of the
Magistrate /Police-station.
4. 2[Date and signature of the Malkhana
clerk in token of receipt of the property.]
5. 3[Description of the properties with
particulars including exhibits Marks,
if any (Weights in cases of valuables)
and the name and address of the person
from whom the properties have been
seized.
6. Initials of the Judge or the Magistrate
Inserted by C.S.No. 33, IX-S/88 Dt. 5.5.1989.
in-charge as to receipt of property.

7. Date of disposal of the case
Substituted by C.S.No. 1, IX-14/79 Dt. 27.10.1979.
Substituted vide C.S.No. 5, XLlXD-18/8 Dt. 9.2.1982
8. Whether any appeal has been preferred
and if so the result of the appeal with
date.
9. Particulars of the property sent to
the appellate Court.
10. Date when sent to the appellate Court
11. Date when received back from the
appellate Court
[FORM No. (R) 27
12. Particulars of order for disposal in
check the valuables and record the results of his inspection on the column for "Remarks".
original case / appeal/revision.
REGISTER OF PROPERTY
13. Date of notice to the party to take

return of the property.
14. Signature and date of the party or
agent taking return of the property.
15. If sold by auction, the date of auction
and the amount realised.
16. Date of remittance of sale proceeds
to the Treasury.
17. Date when otherwise disposed of
18 . Remarks of the Inspecting officers
NOTE - 1. This register shall be inspected at least once in three months by the presiding judge or the Magistrate who will
if any
2. Along with quarterly return, each Criminal court shall send a certificate of having checked the valuables with the Register.
II. REGISTERS
I. Serial Number
2. Name of applicant
3. Date of application
4. Nature of document of which copy
is applied for and number of year and
case in which filed
5. Date of notifying requisite number
of folios and stamps
6. pate of putting in requisite folios and
stamps or deficit in respect thereof.
7. Date on which document to be copied
was received in Copying Department.
8. Number of folios and amount of court
fees filed.
9. Number of folios and the amount of
Court fees used.
[FORM No. (R) 28
10. Urgent fee

II. Searching fee
12. Information fee
13. Date on which copy is ready for delivery
14. Date on which document copied was
returned to proper office
15. Date on which delivery was taken
or unused folios and stamps returned
REGISTER OF APPLICATION FOR COPIES IN THE COURSE OF THE
16. Name of Typist or Copyist

17. Remarks.
II. REGISTERS
FORM No. (R) 29
REGISTER OF REQUISITION AND APPLICATIONS FOR FREE COPIES REQUIRED BY PUBLIC
OFFICERS
Sl. Date of Name of Description Date Name of Sign- Date when Date when
II. REGISTERS
No requisition the of document when typist or ature of the copy is copy is made
or applicant or paper of made copyist typist copy is made over or
application, which copy over to made over despatched
Remarks
or
if any is required the typist copyist to the to the
or Sheristadar concerned
copyist to the Head public officer
Clerk
1 2 3 4 5 6 7 8 9 10

Note - The Presiding Officer of Subordinate Courts should frequently scrutinise the entries in this Register and see
that there is no undue delay of copies to the public officers. The Inspecting officers should also during their periodical
inspection effectively check this register and issue instructions where necessary.
2.
1.
Date of receipt of the application in record

1
room or copying Section

2
Sl.No .
3
Re-numbered ibid.
Sl. No. of the application for copy

against the particular entry.
4
Description of record or document

Date of estimating the folios with initial
5
of the estimating Clerk

Inserted by C.S.No. 72, IX-3/2001, Dt. 21.5.2002.
'[The date of receipt of requisition for supply
6
of documents with initial of the receiving

Clerk]
Date of sending the document or record
2[
to the copying Section with initial of the
7
[FORM No. (R) 30
receiving clerk
Date of return of document with initial
8
of the clerk receiving back the document
Date of restoration of the document to its
9
REGISTER OF REQUISITIONS FROM THE COPYING DEPARTMENT
place
Remarks
10]
Note - If the application is rejected otherwise disposed of, a note to that effect shall be entered in the remarks colurnn
II. REGISTERS
FORM No. (R) 31
REGISTER OF UNCLAIMED PROPERTY
Report of Intestate Movable Property from Station District
Dated ............................................................................
II. REGISTERS
Annual Date and place Name and Names of Particulars of List of Remarks
Number of death residence of claimant or each claim property
deceased, if known claimants
1 2 3 4 5 6 7
Memo No. Dated

Forwarded to the District Judge of for information and orders
Signature of Magistrate Signature of the Police Officer
FORM No. (R) 32
REGISTER OF INFORMATION TO PARTIES ABOUT STAMPS AND FOLIOS NECESSARY FOR
COPIES APPLIED FOR
Notice - Applicants are informed that if folios and stamps specified in columns 5, 6, 7,8 and 9 are not supplied within three
days of the date given in Column 1. Their applications will be struck off.

Name of No. of No. of Searching Expedition Remarks
Date of Serial No. Case impressed
applicant adhesive fee fee
ntry in this of No. stamped stampsat 10
register application sheets at 20 paise
paise
1 2 3 4 5 6 7 8 9
Note - The Judge-in-charge shall put his signature below the last entry for each day.
1
1
Date Date
Name of comparer for Name of the copyist
2
whom made over or typist, to w h o m

2
application made
S1. No. and date of over.
3
application
Serial number and
3
date of application.
Details of documents,
4. Details of
4
folios, stamps, forms etc.

documents,
made over
4
folios, stamps,
forms etc. made
over.
5 Signature of the receiving
comparer Signature of the
5
r e c e i v i n g
Date and time by which copyist/ typist.
6
documents to be returned
after comparing Date and time by
6
which copy to be
FORM No. (R) 33
FORM No. (R) 34
made ready
Date and time by which.
7
Date and time by
Returned
7
which copy is
made ready.
Details of documents,
Details of
8
folios, stamps, and forms 8 documents, folios,
returned
stamps, forms,
etc. Returned.
Initial of the Head
REGISTER OF DISTRIBUTION OF PREPARED COPIES COMPARERS

\Comparing Clerk, Initial of the Head
9
9
Comparer-in-charge with Comparing Clerk
REGISTER OF DISTRIBUTION OF COMPLETED APPLICATION FOR COPYING
date with date.

Remarks Remarks
10
10
II. REGISTERS
II. REGISTERS
FORM No. (R) 35
REGISTER OF COPIES AND INFORMATION READY FOR
DELIVERY
(To be laid at some conspicuous place for inspection of the party)
Date of Name of the applicant Number of Remarks
entry in the the
Register application
1 2 3 4
FORM No. (R) 36

REGISTER SHOWING THE DAILY OUTTURN OF TYPISTS
AND COPYISTS WORKING IN THE COURT OF
............................................
Name of the typist or copyist
Date No. and Date of receipt Date fixed by Date when copy No.
date of of the original the Head handed over to of
app lic- document from Comparing the Head folios
ation the Head Clerk for Comparing typed
Comparing making the Clerk or
Clerk copy ready for copied
delivery
1 2 3 4 5 6
No. of maps, Total Initials of Initials of Signature of
plans etc., outturn in typists and the Head Judge-in-
Remarks
copied and terms - of copyist with Comparing charge

adhesive folios date in token Clerk with
stamps affixed of correct- date in
to the map of ness of entries token of
plan in cols. 1 to 8 check
1 2 3 4 5 6

II. REGISTERS
FORM No.(R) 37
REGISTER OF ALL REGISTERS TO BE PRESERVED
PERMANENTL Y
Department to Serial Name of Period to Number of
which the Number the register which each he volume
register refers of entry register
refers
1 2 3 4 5
Number Date on Date of receipt Rack and Remarks
of entries which sent by Record. shelf where
in each to Record Keeper and his kept
volume room signature
1 2 3 4 5
Note - Columns 8 to 10 are to be filled up by the Record Keeper in
the Record Room.
FORM No. (R) 38
REGISTER OF ALL REGISTERS WHICH ARE TO BE
PRESERVED FOR MORE THAN THREE YEARS BUT NOT
PERMANENTLY
Period to Number Date
Department Serial Name of on
to which the lnumber of register which each of which
register refers entry register volumes sent
refers to
Record
room
1 2 3 4 5 6
Date of Year Initial of Rack and

receipt by when to officer shelf where
Remarks
Record be sanctioning kept.
Keeper and destroyed destruction
his signature and date
6 7 8 9 10

FORM No. (R) 39
INSPECTION DEFECTS REGISTER
Serial Name Date of Gist of Nature of Date of Date of Signa- Signa- Sgnature
defect intimation Remarks
No. and the compliance comp- ture of ture of of the
designatio receipt pointed out of defects liance to the the the Pn:Sding
of the of the along with of Inspecting con- Chief Officer
Officer cerned Minis-
Inspecting Inspectio number of defect
page about the
Officer report Clerk terial
Inspection compliance
of defect Officer
note
1 2 3 4 5 6 7 8 9 10 11
FORM No. (R) 40
REGISTER OF CASES DEALT WITH UNDER THE PROBATION OF OFFENDERS ACT, 1958
Serial Case No. Name, age Name of Section Letter No. Letter No. Final Order, if any, l[Result
No. & father or of law with date & date of result passed of
residence guardian calling for the report and the varying the appeal
of the report from of the nature probation or revision
accused the Probation Probation of order when the
Remarks

Officer Officer passed offender fails
to observe
conditions of
the bond
1 2 3 4 5 6 7 8 9 10 11
Note (1) The names of the sureties, if any, be entered in the remarks column.
(2) If the offender is sentenced for the original offence under Section 9 of the Act, necessary entry have to be made
II. REGISTERS
in the Register of warrants of Imprisonment (R) 5. [1. Inserted by C.S.No. 15 XLlX-D 19/83 Dt. 16.5.1983.]
FORM No. (R) 41
REGISTER OF CASES IN WHICH THE PROCEEDINGS HAVE BEEN STAYED
Serial N umber and year of Name of the Description of the Date of stay Remarks
No. the case of which the Court staying proceedings in which order
II. REGISTERS
proceeding is stayed the proceedings stay order was

in the Trial register passed
1 2 3 4 5 6
FORM No. (R) 42
REGISTER FO ENQUIRY INTO CASES TRIABLE BY THE COURTS OF SESSION
number for Case Date of receipt Name Nature of Date of 1[Date of Date on which
Serial number of the case and of the case with co mm- notification to the the record and
the year the date of accused Section of itment Public Prosecutor articles were
apprehension 01 the Penal regarding transmitted to

Remarks
appearance of Code commitment of the Court of

the accused the cases to the Session
Court of Sessions
1 2 3 4 5 6 7 8 9
1. Vide C.S.No. 50 - IX-3/92, dated 30.12.1992.

FORM No. (R) 43
REGISTER IN TOKEN OF ACKNOWLEDGMENT OF RECEIPT OF JAIL WARRANT AND CONVICT
Serial No. & Name of Date of Date and hour of Name of the Signature of Remarks
II. REGISTERS
number year of the convict conviction delivery of Police Officer the Police
the case warrant to the receiving the Officer
convict of the warrant and the receiving the
Police Officer
convict warrant and
convict
1 2 3 4 5 6 7 8

1.
Serial No.
1
Case No.
2
Date when request is made

3
by the Police for T.I. Parade.

Nature of T.1. Parade whether
4
Insertedby C.S.No. 36 - XLIXD - 13/90, Dt. 11.2.1992 of person or properties.

Date when order is made for
5
holding T.I., Parade.

1[FORM
Date of receipt of record by

6 the Magistrate conducting
the parade
No. (R) 44
Date when T.I. parade is
7
conducted.
REGISTER OF TEST IDENTIFICATION PARADE
Reason for delay, if any, in
8
holding the parade.
9
Remarks
II. REGISTERS
II. REGISTERS
FORM No.(R) 45
REGISTER OF PARTICULARS OF THE UNDER TRIAL
PRISONERS IN THE COURT OF
Name and No. of the Date of Date of Remarks
address of case & admission release, either
the Under Section (s) of into the from the
Trial law in which jail Court or
Prisoners the prisoner from Jail
is facing trial
1 2 3 4 5
1. Inserted by C.S. No. 59-IX-5/96 Dt. 18.6.1997.

FORM No. (S) 1
MONTHLY STATEMENT OF CASES BROUGHT TO TRIAL DISPOSED OF AND PENDING IN
THE COURT OF SHRI ..............................................
JUDICIAL MAGISTRATE ...................................... CLASS IN THE DISTRICT OF ..................................
AT THE CLOSE OF ........................................ 20 ...............
Number of cases Total number of working days No. of No. of
Designation witnesses
and powers days devoted to
Disposed of examined
Total
Remarks
Casual Leave
Other Purpose
Mobile Court
Brought to trial
Pending over one year from
the date of instructions
Pending
HRC
Uncontested
Uncontested
Administrative work
Contested
Contested
Criminal
Civil
Clearance day
Total for disposal
Pending from the last

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Certified that no judgment or order in any case was delivered or was pending delivery for
more than one month from the date of conclusion of trial.
III. PERIODICAL RETURNS AND STATEMENTS
Judicial Magistrate
FORM No. (S) 1 A
STATEMENT SHOWING MONTHLY PROGRESS ON THE DISPOSAL OF YEAR-OLD CASES
FOR THE MONTH OF ........................................... IN THE DISTRICT OF ........................................
Name of the No. of year- Became Total Disposed of Pending

Magistrate old cases year-old for during the at the Pending year-wise
pending at during the disposal month end of
the month the
beginning month 20 20 20
of the
Remarks
month
1 2 3 4 5 6 7 8 9 10

Judicial Magistrate
Note - Explanation of cases pending over one year should be submitted along with this statement
FORM No. (S) 2
1[* * *]
1. Deleted by C.S. No. 38 XLlX-D-24/88, Dated 16.3.1992.
l[FORM No. (S) 2-A
SPECIAL STATEMENT SHOWING ADJOURNMENT IN SESSIONS CASES FOR THE QUARTER
OF ............. 20 ............
To what stage proceeded

and defence witnesses present
and the amount paid to them
Reasons for adjournment of

the case
The number of prosecution
Date of commitment
Each date of adjournment of
the case
Sl. No.
G. R. Case
Text date fixed
7.
4. Date of commitment to trial

9.
6.
3.
5.
1.
2.
8.
10. Remarks

Note - (1) This statement may be furnished in respect of cases which are adjourned for the same purpose for which
they were fixed; either at the instance of parties, for want of Court’s time, or for non-appearance of the witnesses or the
accused person.
(2) A blank form should be submitted when no case was adjourned in the quarter with a note to that effect.
1. Substituted by C.S.No. 65, XLIX-D/96, Dt. 18.6.1997.

1. Sl. No.
1.
2. Name of the Court

3. No. Year and nature of case and
Sec. Of law.
4. Pending at the beginning of the quarter
5. Instituted during the quarter
Inserted by C.S.No. 70, XLV-1/2000, Dt. 5.10.2001.
6. Total No. Of pending of disposal
7. Contested
l[FORM No. (S) 2-AA
quarter
during the
Disposed of
8. Uncontested
9. Pending for more than six months
10. Pending for more than one year
11. Reasons for delay, if any
THE......................... QUARTER OF THE YEAR.......................... IN THE DISTRICT OF..........................
12. Remarks
STATEMENT SHOWING THE NUMBER OF CASES UNDER DIFFERENT SPECIAL ACTS DURING
l[FORM No. (S) 2-B
STATEMENT SHOWING THE INFORMATIONS TO BE
ENTERED IN THE DORMANT FILE REGISTER (R) 26
S1. No. Names Date of Reasons Date when Remarks
No. & of the order for sent to record
year parties keeping keeping room for
of the the case records being placed
Case on in the on the
dormant dormant dormant file
file file
1 2 3 4 5 6 7
1. Inserted by C.S.No. 68, XLlX-D-8/99, Dt. 18.1.2000.

FORM No. (S) 3
QUARTERLY STATEMENT - A
(TO BE SUBMITTED BY THE JUDICIAL MAGISTRATES TO CHIEF JUDICIAL MAGISTRATES
AND BY CHIEF JUDICIAL MAGISTRATES TO THE SESSIONS JUDGE AND BY SESSIONS JUDGE
TO THE HIGH COURT)
PART - I
Statement of cases brought to trial, disposed of and pending in the Courts of Judicial Magistrates in the
district of........................ in the................... quarter of 20 ..................
Total number of working days number of
Number of cases
days devoted to
Disposed
of

examined]
the preceding quarter

the quarter
from institution and the
year-wise pendency
of Magistrates
1. Designation and powers
2. Pending at the close of
3. Brought to trial
4. Total for disposal
5. Contested
6. Uncontested
7. Pending at the close of
8. Pending over one year
9. Criminal
10. Civil
11. Administrative wrok
12. Clearance day
13. H.R.C.
14. Mobile Court
15. Casual leave
16. Other purposes
17. Number of witness
18. Remarks
1. Inserted by C.S.No. 7
PART - II
STATEMENT OF CASES UNDER THE MISCELLANEOUS PROVISIONS OF THE CRIMINAL
PROCEDURE CODE DURING THE QUARTER OF 20
(To be submitted by the Subordinate Judicial/Executive Magistrates to the Chief Judicial Magistrate/District
Magistrate. The District Magistrate would submit the Statement to the High Court. The Chief Judicial
Magistrate would submit to the Sessions Judge and Sessions Judge to the High Court.)
.Number of Pending at Brought Total for Disposed Pending Pending over Remarks
cases and the close of to trial disposal of three months
power of the
Magistrate preceding’
quarter
1 2 3 4 5 6 7 8

Note 1 - Explanation for cases pending over one year should be submitted along with this statement.
Note 2 - Cases stopped under Section 116(6) of the Criminal Procedure Code should be included in Col. 5
Note 3 - Cases revived by the orders of the Sessions Judge under Section 116(7) should be included in Column 3 .
PART - III
STATEMENT SHOWING REMAND OF CASES TO THE TRIAL COURTS

BY THE APPELLATE COURTS
Serial Name of the Number Names Date of Purpose for Date, if any, given by the Remarks
No. Court and year of remand remand appellate Court for
passing the of appeal parties compliance of directions in
Order of the remand order
remand
1 2 3 4 5 6 7 8

Note - The Cases shall be entered Court-wise.
FORM No. (S) 3-A
CONCISE STATEMENT OF OUTTURN OF WORK OF MAGISTRATES EMPLOYED IN {CRIMINAL

COURTS IN THE DISTRICT OF DURING THE QUARTER OF 19
Name of Design- Number of Number of
days Number of cases decided
Magistrats ation and l-witnesses examined
powers of employed Under Under Mis- Appeal l-witnesses examined Total Remarks
the Court in Criminal egular sum- cella- In cases In cases number
work trial mary neous under under of judg-
trial cases regular summary ments
under trial trial delivered
Cr.P.C.
1 2 3 4 5 6 7 8

Note - 1. In the remarks column should be shown the number of judgments pending for or delivered after 15 days
with a brief explanation and the comments of the Chief Judicial Magistrate thereon.
Note - 2. Judgments in contested cases should be shown in brackets, i.e. if 30 judgment have been delivered out
pf which 20 are contested, the entry in column 10 should be 30 (20).
Note - 3. A witness should be counted as a full witness only after he is examined. Cross-examined and discharged.
FORM No. (S) 3-B
5T ATEMENT SHOWING THE JUDICIAL AND OTHER WORK DONE BY THE CHIEF JUDICIAL
MAGISTRATE ...................... DURING THE ................... ..........QUARTER 20 ......................
Name of the Total number Number of days Number of Number of Number of
Chief Judicial of working devoted to days justifying working working days
Magistrate days during judicial work employment days spent spent on Remarks
the quarter according to on administrative
the yard-stick Inspection and other work
and Journey including casual
leave
1 2 3 4 5 6 7

Chief Judicial Magistrate
FORM No. (S) 3-C
STATEMENT SHOWING THE CASES OF WHICH THE PROCEEDING HAVE BEEN STAYED
DURING THE QUARTER ........................20 IN THE DISTRICT OF .........................
Number and Year of Name of the Description of the Date of Date when
Remarks
he case of which the Court staying proceedings in which stay order stay order
oroceeding is stayed the proceeding stay order was passed was vacated
in the trial register
1 2 3 4 5 6
l[FORM No. (S) 3-D Chief Judicial Magistrate

QUARTERLY STATEMENT OF PENDENCY AND DISPOSAL CASES DURING THE...................... QUARTER
20 ......................IN THE DISTRICT OF ................
Name No. of cases No. of No. of No. of cases No. of cases No. of year-old cases No. of
of pending at cases cases disposed of pending at pending year-wise wit-
Magis- the received for the end of nesses
trate beginning during the disposal Con- Uncon- the quarter exam-
Remarks
of the quarter tested tested ined

quarter
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
certified that I have checked the statements submitted by the Judicial Magistrate of the District of for the quarter
20.......... and found that the cases shown as disposed on contest were really contested in nature that separate judgment was
delivered in each such case and that no order or judgment in any case was delivered or was pending for delivery of
Judgment for more than one month from the date of conclusion of trial. ChiefJudicial Magistrate
1. Dispensed with by C.S.No. 6

FORM No. (S) 3-E
Balance sheet of fines for the quarter of 19
in the district of Rs. P.
1. Opening grand balance of fines outstanding
2. Amount imposed during the quarter, i.e., Total
of entries in column 6 of the Register of Criminal
fines excluding the entries brought forward in red __________________
ink from the previous quarter.
GRAND TOTAL RELIZABLE__________________
3. Amount remitted on appeal, etc., or written off by
Sessions Judge's, Chief Judicial Magistrate’s order.
Total of column 18 of the Register of Criminal fines
including the red ink entries mentioned in (2)
4. Amount realized -
(a) Of new fines; i.e., total of column 13 of the
Register of Criminal fines excluding the red
ink entries mentioned in (2)
(b) Of old fines; i.e., Total of column 13 of red
ink entries of the Register of criminal fines
mentioned in (2)
GRAND TOTAL REALIZED AND REMITTED
5. Balance -
(a) Of new fines; i.e.,., total of entries in column
14 of the Register of Criminal fines excluding
the red ink entries mentioned in (2).
(b) Of old fines; i.e., total of column 14 of red
ink entries of Registers of Criminal fines mentioned
in (2) ...............................
6. Closing grand balance of fines outstanding
7. Amount credited as Criminal deposit
8. Amount stayed in Appeal

1[9. Amount of fine covered under requisition under
sec. 421 (1) (b) of the code of criminal procedure]
Certified that the total of the above realized fines, plus Rs...............................
the balance in hand of the preceding quarter minus Rs .............................credited as
criminal deposits and Rs ....................., balance in hand, has been brought to
credit in the Treasury Accounts.
Initials of the Treasury Officer
Initials of the Nazir
Initials of the Fine Muharrir of the Principal Court
District
The ......................................... Chief Judicial Magistrate
Note - 1. A list showing the cases in which realisation of fines has
been stayed in appeal or in revision indicating original No. Of the case,
amount of fine imposed, the connected number of the fine miscellaneous
case, number and year of the Criminal appeal or revision should be enclosed
to this statement.
2[Note - 2. A list of requisitions under Section 421 (1) (b) Cr.P.C.
showing the case number, total amount of fine under Warrants or
requisitions issued to the Collector, the despatch number and the date of
sending requisitions to the Collector be separately appended.]
1. Inserted by C.S. No.13, XUD - 16/82, dated 13.1.1983.
2. Inserted by C.8'. No.14, XUD - 16/82, dated 13.1.1983.
FORM No. (S) 3-C
STATEMENT SHOWING THE CASES OF WHICH THE PROCEEDING HAVE BEEN STAYED
DURING THE QUARTER ........................20 IN THE DISTRICT OF .........................
Name No. of cases No. of No. of No. of cases No. of cases No. of year-old cases No. of
of pending at cases cases disposed of pending at pending year-wise wit-
Magis- the received for the end of nesses
trate beginning during the disposal Con- Uncon- the quarter exam-
Remarks
of the quarter tested tested ined

quarter
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Certified that I have checked the statements submitted by the Judicial Magistrates of the District of for the
quarter 20 ....... and found that the cases shown as disposed on contest were really contested in nature that separate
judgment was delivered in each such case and that no order or judgment in any case was delivered or was rending for
delivery of judgment for more than one month from the date of conclusion of trial. Chief Judicia Magistrate
Note - The above information shall be furnished in red ink by Magisterial Courts.]
FORM No. (S) 3-G
STATEMENT SHOWING THE EXAMINATION OF WITNESSES AND THE AMOUNT PAID AS
EXPENSES DURING THE QUARTER ENDING

Name of Magistrate Number of witnesses examined and discharged Amount
with Class of powers On the 1st day On the 2nd day On the 3rd day After the 3rd paid as
exercised day expenses
Remarks
1 2 3 4 5 6 7
1. Dispensed with by C.S.No. 6

1. Name of the Magistrate, station
and place
2. Serial Number
3. Serial Number ill the fine Register
4. Name of the defaulter
6. Date of sentence
7. Amount of fine imposed
8. Amount if any, realised
9. Term of default sentence
10. Whether the convict has under
FORM No.(S) 3-H
gone the default sentence

11. Date of last enquiry made by
the police officer.
11. Date of counter-signature by the
superior police officer.
12. Result of enquiry
13. Date of order writing off fines
14. Amount written off by the Chief
Judicial Magistrate / District
HALF YEARLY STATEMENT OF IRRECOVERABLE FINES WRITTEN OFF BY THE CHIEF
Magistrate.
JUDICIAL MAGISTRATE IN THE................. HALF-YEAR 20..................IN THE DISTRICT OF....................
15. Remarks
l[FORM No. (S) 4
SESSIONS STATEMENT (TO BE SUBMITTED BY SESSIONS JUDGES TO THE HIGH COURT AT

THE END OF EACH QUARTER)
PART - I
Calendar of accused persons tried or brought before the Court of Sessions and cases pending and
disposed of in the Sessions Division of ............. for the quarter ................... of 20 ................
S1. No No. of Cases received during the Name of the Result of the case disposed of Case
No of the the case quarter accused during the quarter pend-
case pending person ing at Remarks
No. Name of Age or Of- Date Date of Name Date Date
at the Ac- Con- the
of the each the sup- fences of appre of the of of
close of quittal victed close of
case accused posed nature of-
the hension Com Com- sen the
accused persons age of of fence rnit- mit- tence
previous quarter
the ting ment
quarter
accused Mag-
is-
trate
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

1. Substituted by C.S.No. 40, XLlX-D - 24/88, Dt. 16.3.1992

FORM No. (S) 4
PART-II
STATEMENT SHOWING THE RESULT OF APPEALS AND APPLICATIONS FOR REVISION IN
CRIMINAL CASES IN THE COURTS OF SESSIONS· JUDGES, ADDITIONAL SESSIONS JUDGES,
ASSISTANT SESSIONS JUDGES AND CHIEF JUDICIAL MAGISTRATES
Court to
Number of cases
which the
Appeal was Pending at the Received on Disposed Pending Remarks
Name of the Court preferred end of the transfer or of during at the
or previous remand during the close of
application quarter the quarter quarter the
made quarter
1 2 3 4 5 6 7
Appeals
(i) Court of Sessions Judge
(ii) Additional Sessions Judge
[iii) Asst. Sessions Judge
:iv) Chief Judicial Magistrate.
Applications for Criminal

Revision
:i) Court of Sessions Judge
[ii) Additional Sessions Judge
Note - 1. Order passed under Sections 439 and 440 Cr.P.C., should not be shown in this statement.
Note - 2. Explanation for delay in disposal of cases pending over six months should be submitted along with the statement.
Note - 3. In the column of Remarks should also be entered the number of convicted persons required to keep the
peace under Section 106 (3) Criminal Procedure code. Courts of Appeal or Revision and the number of youthful offenders
sent to a Reformatory School.by Appellate Courts under Section 8(2) of the Reformatory Schools Act, 1897.
Note - 4. Aggregate and average duration of Criminal Appeal or revision should be noted in the Remarks Column.
FORM No. (S) 4
PART - II-A
STATEMENT SHOWING REMAND OF CASES TO THE TRIAL COURTS BY THE APPELLATE
COURTS
Name of Name of the Number and Names of Date of Purpose Date if any given by Remarks
Courts Court passing year of parties remand of remand the appellate Court for
the order of appeal Compliance of the
remand directions in the
remand order
1 2 3 4 5 6 7 8
Note - The Cases shall be entered Court-wise.
FORM No. (S) 4
PART - III
STATEMENT OF CASES DECIDED UNDER THE MISCELLANEOUS PROVISIONS OF THE CRIMINAL
PROCEDURE CODE IN THE COURT OF SESSIONS DURING THE QUARTER OF 20
Name of Pending at the dose Number of Cases


Courts of the Preceding Instituted Total for Disposed Pending at Pending over three Remarks
quarter during the disposal of during the close of months
quarter the quarter the quarter
1 2 3 4 5 6 7 8
Total
Note - Explanation of delay in disposal of cases pending over three months should be submitted along with the
Statement.
FORM No. (S) 4-A
STATEMENT OF OUTTURN OF WORK DONE BY THE SESSIONS JUDGES AND ASSISTANT
SESSIONS JUDGE IN THE SESSIONS DIVISION OF DURING THE QUARTER
ENDING ........................20............................
Name of Cases disposed of -

officer Number of Sessions Criminal Jail Criminal Criminal Original Witnesses Remarks
with days cases appeals appeals Revision Miscel- criminal examined
designation employed out of laneous cases
Col. 4 cases
1 2 3 4 5 6 7 8 9 10

Note - Certificate should be furnished that no judgment in any case was delivered beyond 30 days of the close of
the hearing or is pending for delivery for over a month from the date of conclusion of trial. Sessions Judge
FORM No. (S) 5
ANNUAL STATEMENT - I (CRIMINAL) FOR THE OF ................. FOR YEAR 20 .............
PART - I
LIST OF JUDICIAL DIVISIONS
Name of Sessions Divisions Names of Chief Judicial Names of Sub-divisions

Magistrate/District Magistrate
1 2 3

1. Give separately the area and population of each subdivision.

FORM No. (S) 5
PART - II
RETURN SHOWING THE NUMBER OF OFFICERS OF EACH CLASS VESTED WITH JURISDICTION IN
CRIMINAL CASES PRESENT IN THE DISTRICT AT THE CLOSE OF THE YEAR, AND THE NUMBER OF
WORKING DAYS OF ALL OFFICER'S EMPLOYED IN THE DISTRICT DURING ANY PART OF THE YEAR
Class of Courts Exercising Criminal Criminal Total number of working days
Criminal and Civil and employed
Remarks
Powers only Powers (1) Revenue On On Civil On (3)
(1) Powers (1) Criminal work (2) Revenue
work (2) work (2)
1 2 3
Courts of Sessions Judge
Additional Sessions Judge
Assistant Sessions Judge
Total
Magistrates (Judicial)
1st Class
2nd Class
Total

Special Judicial Magistrate
under Section 13, Cr.P.C.
Executive Magistrate
Total
Note - (1) Enter only officers employed In the district at the close of the year.
(2) Include the working days of every officer exercising Criminal Powers, during any part of the year.
(3) Note in the column of Remarks, the number of officers of each class who, though vested with powers did not
do any criminal work during the year.
(4) Includes the Chief Judicial Magistrate/District Magistrate.
FORM No. (S) 5
PART - III
STATEMENT SHOWING THE RECEIPTS AND CHARGES OF THE CRIMINAL COURTS AND THE PROPORTION
OF THE SALARY OF JUDICIAL OFFICERS DEBITABLE TO CRIMINAL JUSTICE FOR THE YEAR 20 .................
Receipts 2
In Court In Cash or special Salaries of Establishment Con-
Class of fees Stamps Stamps Judicial tin-
Courts (1) officers gen-
cies
(3)
and Comparing
Clerks
contingen-
cies
9 to 14
Fines (3)
comparing Fees
credited to
Government
able to
Criminal
Justice (4)
10. Process Servers
11. Salaried Copying
12. Others
13. Others
14. Refunds
15. Total of columns
15. Remarks
2. Process Fees
3. Other fees
4. Fines
5. Copying and
6. Other Receipts
7. Total
8. Gross
9. Share debit
Total......
1. District Magistrates/Chief Judicial Magistrates will give total figure separately for each station at which there is a Magistrate, Sessions Judge will give
them separately for each district within the Sessions Divisions. 2. Omit fractions of a rupee. 3. Magistrates will not include realisation on account
of fines imposed on persons committed for trial to the Court of Session which will be shown by the Sessions Judge in his statement. They will include

all other Judicial fines realised by them, whether afterwards to local funds or not. 4. The Proportion of an officers time shown in part II to have been
devoted to Criminal work will determine the proportion of his salary to be debited to Criminal Justice.
Note. 1. Column 2 This column is intended to exhibit all receipts under rules framed by the High Court in accordance with clause 2, Section 20 of the Court
Fees Act VII of 1870. The Court fees realised on warrants in non-cognisable cases by whomsoever executed should, therefore, be shown in it.
Note. 2. Column 4 should include all judicial realised whether imposed in the exercise of appellate or original jurisdiction, a9nd also the realisation on
account of forfeited bailor recognisance (Chapter XXXIII of Criminal Procedure Code) in the cases entered against cross-heading 9 of Annual Statement
3 Amount paid away as compensations should not be included in this column, nor in any of the other columns of this statement.
Note. 3. Column 14 The term “Refunds” is applicable to such fines only as only 'as are remitted under proper authority and have to be paid back to the
parties on whom they were levied.

1. Description of offences
2. Offences reported
3. Complaints dismissed
under Criminal Procedure Code
4. Other cases found to
be false
Number of Cases
5. Cases returned as true

6. Brought to trial
7. Under trial including
pending from previous
year
FORM No. (S) 6
8. Acquitted or discharged
9. Found guilty and placed
ANNUAL STATEMENT - 2 (CRIMINAL)
on probation
Number of triel
10. Convicted
ACQUITTED OF EACH OFFENCE IN THE IN THE YEAR 20 .
11. Died, escaped or

transferred to another
district
12. Remaining under trial
13. Remarks STATEMENT OF OFFENCES REPORTED AND OF PERSONS TRIED, CONVICTED AND
INSTITUTIONS FOR THE PREPARATION OF ANNUAL STATEMENT-2 (CRIMINAL
This Statement should be prepared from statistical Register 1, No. (R) 16
·Column 1 - The printed scheduled of offences must be adhered to. Attempts, where not separately
specified in the scheduled, should be entered immediately after the offences at which they are attempts.
Abetment should be included with the substantive offences abetted.
Every criminal conspiracy falling under Chapter V-A of the Indian Penal Code, should be included
with the offence to which the conspiracy in each case relates.
Column 7 - Include persons pending trial at the close of the previous year and those received by
transfer from other districts during the year to which the return relates.
Column 12 - In this column may be noted how many of the persons entered against Column 7 were
dealt with under summary provisions of Chapter XXI of the Criminal Procedure Code; in how many cases
entered against other columns, the complaint was required to pay compensation to the accused under
Section 250, in addition to the punishment inflicted upon him, was required to give recognizance or security
to keep the peace under Section 106.
The number of persons out of those shown in column 8, the cases against whom were compounded,

withdrawn or dismissed for default or appearance (Sections 256, 257, 249 and 320 of the Code of Criminal
Procedure) should also be noted in this column against the total of each class of offence.
Note - The totals of columns 8 to 11 should tally with the total of column 7.
The name of the district to which transfer should also be noted in column of Remarks.
SCHEDULE OF OFFENCES
Attempts where not separately specified in the Schedule should be
entered immediately after the offences at which there are attempted. Abetment
should be included with the substantive offences abetted.
Nomenclature of Offences, with Chapter and Section of the Penal Code
or other Law applicable
1. OFFENCES UNDER THE PENAL CODE
Offences against the State.. Chapter VI Section 121 to 130
Offences against the Army Chapter VII Section 131 to 140
and Navy
Offences against the Public’ Chapter VIII Sections 143 to 145, 149
tranquility to 151, 157, 158-Unlawful
Assembly
Sections 147, 148, 152,
153 and
154 to 156 etc. Rioting,
Sections 153-A-
Promoting enmity
between classes.
Section 160-Affray
Offences by or relating to Chapter IX Sections 161 to 169 by
public servants public servants
Sections 161, 170 and
174-
Rela ting to public
servants
Contempt of the lawful Sections 172 to 190
authority of public servants.
False evidence and offences Sections 193 to 200-False
against public justice evidence, etc.
Sections 201 to 229-
Offences against public
justice.
Offences relating to coin and Chapter XII Sections 231 to 254
Government stamps Offences relating to coin .
Sections 255 to 263 -
Offences relating to
stamps.
Offences relating to weights Chapter XIII Sections 264 to 267
and measures
Offences affecting the public Chapter XIV Sections 269 to 278 -
health, safety, convenience, Offences affecting public
decency and morals health.
Offence affecting safety.
Offences affecting
convenience.
Offences affecting
decency and morals.
Sections 294 A-Keeping
lottery office of
publishing proposals for
lottery.
Offences relating to religion Chapter XV Sections 295 to 298
Sections 302 and 303-
Murder
Section 307-Attempt
. to murder
Section 304-Culpable
homicide.
Section 304-A-Causing
death by rash or
negligent act.
Section 308-Attempt
at culpable homicide
Section 305 and 306-
abetment of suicide
Section 309-Attempted
suicide Sections 311-
Thug. etc.
Causing miscarriage
Section 316-Injury to
unborn children.
Offences affecting the human Chapter XVI Section 317-Expose of
body infants
Section 318-
Concealment of
birth by secret disposal
of dead body.
Sections 325 to 331 and
333-
Hurt with aggravating
circumstances.
Sections 323, 324, 332
and 334 to 338 - Other
cases.
Section 341-Wrongful
restraint
Wrongful confinement.
Criminal force or assault
Sections 364, 366, 367-
Kidnaping of forcible
abducting
circums tances.
Sections 363, 365, 368, 369-
Other cases
Sections 370 & 371 -
Salvery
Sections 372 & 373-
Buying or selling a
minor for the purposes
of prostitution.
Section 374-Forced labour
Section 376-Rape
Section 377-Unnatural
Offences

Section 382- Theft with
aggravating circumstances.
Sections 379 to 381 and 401
- Other Cases
Exto.ra tion
with aggravating
circumstances.
Sections 384 and 385-
Other cases.
Offences Against Property Chapter XVII Sections 392, 393 and 394 -
with hurt - Other case -
Attempts with murder
Sections 396, 397- With
attempt to cause death
or grievous hurt.
Section 39B-Attempted
robbery or dacoity when
armed with deadly
weapons.
Sections 395, 399, 400 & 402-
Other cases
Criminal
misappropriation of
property.
Criminal breach of trust
Receiving or habitually
dealing in stolen or
plundered property.
Cheating
Fraudulent deeds or
disposition of property.
Sections 429 to 433 &
435 to 440 - Mischief
with aggravating
circumstances.
Sections 426 to 428 & 434
Mischief in other cases.
Sections 459 & 463 -
Criminal trespass resulting
in death or grievous hurt.
Sections 449 to 452, 454,
455, 457 & ~'i8 -
Criminal trespass
for Commission of
serious offences.
Sections 447, 448, 453,
45~, . 461 & 462 - Criminal
trespass in other cases.

Offences relating to documents Chapter XVIII Sections 465 to 471
and to trade or property mark and 474 -
Forgery or uttering or
possessing forged
documents or papers.
Counterfeiting or
making or possessing a
counterfeit seal, etc., for
purposes of forgery.
Section 477 -
Fraudulently
destroying or defacing
a will of other
document.
Sections 482, 486, 487
and 488 - Using a false
trade or property mark
and knowingly selling
property so marked.
Counterfeiting or
making or possessing a
die plate, or instrument
for counterfeiting a trade
or property mark.
Section 489 - Removing,
destroying etc., a trade
or property mark with
intent to cause injury.
Sections 489-A to 489-
D- Counterfeiting
currency notes or
bank notes or using as
genuine or possessing
forged or
counterfeit currency
notes or bank notes or
making or possessing
instruments or materials
for forging or
Criminal breach of contract Chapter XIX
of service counterfeiting the same.
Offences relating to marriage Sections 490 to 492
Defamation Chapter XX Sections 493 to 498
Criminal intimidation insult Chapter XXI
Sections 500 to 502
and annoyance Chapter XXII Section 506- The threat
being
to cause death of other
grievous hurt.
Other cases.
ALL OFFENCES UNDER SPECIAL AND LOCAL LAWS
FORM No. (S) 7
ANNUAL STATEMENT 3 - (CRIMINAL)
STATEMENT OF MISCELLANEOUS PROCEEDING UNDER THE CRIMINAL PROCEDURE CODE
IN THE............................................ DURING 20 ........................................
Nature of Proceedings Total number
dealt with Disposed of during
during the year the year Remarks
Cases Persons Cases Persons
Disch- Conv-
arged icted
1 2 3 4 5 6 7
1. Proceedings against witnesses under Chapter VI-C and Section 349
2. Proceedings under Chapter VIII. To prevent breach of the peace
3. Proceedings under Chapter VIII, Security for good behaviour
4. Proceedings against local nuisances, Chapter X-8
5. Possessions, Chapter X-D
6. Maintenance, Chapter IX
7. Forfeiture of bail or recognisance under Chapter XXXIII
8. Proceeding under Section 8 and 9 of the Probation of Offenders
Act, 1958 (Act 20 of 1958)

Total.......
SUB-HEADS 2 and 3 - Cases under Sections 107,108,109,110,119,121,124,125 and 126 Criminal Procedure Code,
will also appear under the appropriate head of the schedule in Statement 2 and Statement 4. Persons convicted under
these heads, and required to give security or recognisance under Sections 121, 124, 125 and 126, Criminal Procedure
Code, will also appear in Statement 5.
SUB-HEADS, 4, 5 and 7 - Cases under these sub-heads will not appear in Statements 2, 4, or 5.
SUB-HEAD 8 - Number of enquiries ordered by the Courts under the Probation of Offenders Act, 1958 shall be noted in
the Remarks Column against this Sub-head.
Note - Column 7 vide final paragraph of the Note, to Annual Statement 5.
FORM No. (S) 8
STATEMENT SHOWING THE GENERAL RESULT OF CRIMINAL TRIALS IN
THE COURTS OF VARIOUS CLASSES IN THE YEAR 20
Number of persons under trials
Brought to trial during the year
Class of Tribunal
Remaining at the end

of the previous year
Under arrest
Upon warrant
On summons
Voluntarily
Received on
commitment or
reference
Received by transfer
Total
Died, Escaped or
transferred
Discharged or
acquitted or released
under Sections 249 and
258, Criminal
Procedure Code.

1 2 3 4 5 6 7 8 9 10 11
I. JUDICIAL MAGISTRATES
1. Chief Judicial Magistrates
2. Judicial Magistrate, 1 st Class including Sub-divisional Judicial Magistrate
3. Judicial Magistrate - Second Class
4. Special Judicial Magistrate under Section 13, Criminal Procedure Code
5. Cases referred under Sections 323,325, Criminal Procedure Code

Persons whose cases were disposed of
On regular trial Convicted
Class of Tribunal
On summary trial
Youthful Youthful offenders
offenders dealt dealt with under
with under Sec See. 31, Act VIII,
31, Act VIII, 1897 1897.
Found guilty and

placed on probation
under Act 20 of 1958.
Appealable sentence
passed.
Discharged
after
admonition
Discharged
afteradmo-
nition
Delivered to
parent or
guardian
Found guiltyand
placed on probation
under Act 20 of 1958.
Non-appealable
Delivered to
parent or
sentence passed.
guardian.
Total of column 11 to
22
Committed or referred
to 1
Appealable sentence
passed
Non-appealable
sentence passed.
1 12 13 14 15 16 17 18 19 20 21 22 23
II. EXECUTIVE MAGISTRATES
1. District Magistrates
2. Sub-divisional Magistrates .
3. Executive Magistrates of other categories
Total

III. COURTS OF SESSIONS
Assistant Judges .
Judges and Additional Judges
Total
IV. SUPERIOR COURTS OF ORIGINAL JURISDICTION
High Court
Cases under Section 407, Criminal Procedure Code
Cases referred by Sessions Judges under Section 366, Criminal Procedure Code
Total
Grand Total
Number of cases Remarks
Disposed of Aggregate Average
Class of Tribunal during the number of number of
year (3) days during days
which the during
cases entered which
in Cols. No. each case
26 and 27 lasted.
lasted (4)
Persons under trial at the end

of the year
Brought to trial during the
year
Under the I.P.C.
Under the special and local
laws.
Under the I.P.C.
Under the special
and local laws.
Under the I.P.C.
Under the special
and local laws.
Number of witnesses
examined
Note the number of person entered
in columns 8 and 10 transferred
from or to another Province. Note
also how many of the person
entered in Col. 3were brought to
trial under arrest by the police,
and how many under arrest by
other agency (e.g, Forest or Excise
Officers, Private persons, ect.)
Remaining a t the close of the

year
Number of cases entered in
Cols. 26 and 27 tried unmarily.
1 12 13 14 15 16 17 18 19 20 21 22 23

1. Persons whose cases were referred to a Superior Court for higher punishment for orders under Section 325, Criminal
Procedure Code, or for confirmation of sentence will be entered in Column 22 and not in columns 12 to 21 against the Court making
the reference. Against the Court receiving the reference they will be shown as convicted or acquitted, according to the orders passed
by it, or as pending if orders have not been passed.
2. These cases will also be shown against the Magistrates who made the reference, entry being made as directed above.
3. Omit cases in which the accused died, escaped or was transferred.
4. In calculating the duration before the Magistrates Courts the starting point to be taken is not the date of complaint or information, but
from that of apprehension or attendance on summon or otherwise. As regards Courts of Sessions of Sessions the number of days
occupied should be given commencing from the date of commitment

FORM No. (S) 9
STATEMENT SHOWING THE PUNISHMENTS INFLUENCED BY THE VARIOUS CRIMINAL
COURTS IN THE EXERCISE OF ORIGINAL JURISDICTION IN THE YEAR 20
Persons sentenced to Persons ordered to execute Persons imprisoned in

bonds default of security for
good behaviour
Imprisonment Fine To keep Under
To be good Under
the peace Section
behavior Sections
108, 109 and
Under Under
Criminal 110 of
Section Sections
Procedure Criminal
Class of Court 108, 109 and 110
Code Procedure
Criminal of Criminal
Code
Procedure Procedure
Code Code

Mumber of persons
executed
Death
For file
Regorous
Simple
With imprisonment
Without imprisonment
With Sureties
Without Sureties
With Sureties
Without Sureties
With Sureties
One year and under
One year and under
Three years and under
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
32. Rigorous 17. Rs. 10 and under
7
and
33. Simple
18. Rs. 50 and under
34. Rigorous
7
under years
35. Simple
years Above
19. Rs. 100 and under

Imprisonment
36. Number of boys

whose sentences 20. Rs. 500 and under
Details of Punishment
were commuted
to detention in
a Reformatory 21. Rs. 1,000 and under
school
37. Released on
admonition 22. Above Rs. 1,000
Fine
38. Released on
probation 23. Total amount of fines
without imposed during the
supervision. year (2).
39. Released on
probation on 24. Total amount of fines
furnishing realised during the
surety or in
Details of Punishment
year (3).
charge of a
Probation
Officer specially
25. Amount paid by way
appointed by
Court. of compensation
40. Released on
probation and 26. Rigorous
placed under the
supervision of
under
Probation
Officer. Number of persons dealt with by probation 27. Simple
15 days and
ANNUAL STATEMENT - 5 (CRIMINAL) - Contd.
41. Released on
probation and
required to 28. Rigorous
reside at
probation
under
Home/Hostel
Imprisonment
29. Simple
or other places.
6 months and
42. Released on
probation with 30. Rigorous
a requirement to
pay
under
compensation to 31. Simple
7 days and
the victim.
1. Omit fraction of a rupees
2. Include all judicial fines imposed during the year by the Criminal Courts in the exercise of
Original Jurisdiction.
3. Include all such fines realised during the year, though imposed in previous years.
INSTRUCTIONS - In the case of offences triable jointly under Section 219 of the Code of Criminal
'procedure, the sentences passed should be exhibited separately if consecutive, and once only if concurrent.
'he number of case such as those in which fulfilment of contract is ordered Under Act XIII of 1859 should be
noted in a foot note.
As regards persons whose cases have been referred for higher punishment, for orders under Section
25 of the Criminal Procedure Code or for confirmation of sentence, the punishment, if any, sanctioned by
he High Court should be entered against such higher Court and not against the Court making the reference.
Note - Column 23 - This column should exhibit all fines imposed during the year on the persons shown in
Columns 7 to 22 of the Statement, by Officers in the exercise of original jurisdiction.
Column 24 should exhibit the realized portion of the above fines, including realization of fines
imposed but not recovered in a previous year.
Column 25 represents compensation awarded to complaints under Section 357, Criminal Procedure

'ode. These award should also be shown under the head fines "imposed" and "realized" in columns 23, 24 for
ley form part of such fines. Compensation paid away out of realisations under Section 250, Criminal Procedure
ode should not be entered in statement, except in the columns for Remarks of Annual statement 3.
Column 26 to 35 should include the persons entered in Columns 5, 6, 11, 12 and 15.
Youthful offenders whose sentence have been committed to detention in a Reformatory
schools should be entered not only column 36 but also in column 5 and 6 of this Statement, according
to the nature of the sentence of
FORM No. (S) 10
ANNUAL STATEMENT-6-(CRIMINAL)
STATEMENT SHOWING THE RESULT OF APPEALS AND
REVISIONS IN CRIMINAL CASES IN THE DISTRICT
OF.......................... DURING THE YEAR 20.........................
Number of persons Number of cases Remarks
Note in this column
the number of
convicted persons
or
required to keep the
of
and
peace under Section
106 (3), Criminal
Procedure Code, by
summarily
Court of Appeal or
order
Revision and the
number
number of youthful
offenders sent to a
Reformatory School
by Appellate Courts
under Section 8 (2)
of the Reformatory
appellants,
applicants for revision
including pending from
previous year .
Total
New trial or further
enquiry ordered
Died, escaped, transferred

dismissed or application
rejected (1).
Sentence
confirmed
Sentence enhanced
Sentence reduced or
order otherwise altered
Reversed
Proceedings quashed
Appeals
disposed of including
entries-in columns 4 to 10.
the year
year
the year
Class of Court

Schools Act, 1897.
1.
2.
3.
4.
5.
6.
7.
8.
9.
11. Total whose cases were
12. Remaining at the end of
14. Disposed of during the
15. Remaining at the close of
13. Preferred during the year
APPEALS 10. From

To Magistrates ........................................................
Court of Session Assistant Judges ................................................
To From
Superior Courts by persons convicted
All Courts
by Government from
judgments of
} acquittal, Section 378 }
REVISION Total..................
Court of Sessions ....... From the order of

High Court (cases referred for ....... Magistrates
order under Section 395) Any Criminal Court
Total...............................
Grand total....................................................
1. Persons whose appeals and application were dismissed under Section 384 of the Criminal Procedure
Code, should be in column 4, in which, Sessions Judges should also include applicants for revision
whose cases they rejected

2. Excluding cases in which appellant or applicant died, escaped or was transferred -
NOTE. The words ‘ Applicants for Revision’ in the heading of Column 2 should be held to include all person
(except complainants) on whose behalf an application for revision is made, or in whose interest the Judge may take
steps to obtain revision on his own motion. Where. such application is made or such steps are take on behalf of a
complainant, the fact should be noted, with the number of complainants and accused persons concerned, in the column
of remarks. In the latter case, the accused persons against whom the application is made, though not appearing in
column 2, will fail into their proper places in Columns 3 to 12 according to the result of such application.
FORM No. (S) 11
TABLE 1- (CRIMINAL)
ORIGINAL JURISDICTION
STATEMENT SHOWING THE DETENTION OF WITNESSES,
THE NUMBER OF WITNESSES DISCHARGED WITHOUT
EXAMINATION AND THE AMOUNT PAID AS EXPENSES DURING THE YEAR 20.....................................
Number of witnesses examined and discharged
Courts On the 1st day On the 2nd day On the 3rd day After the 3rd day
Number of witness
discharged without
examination
*Amount paid as
expenses
Remarks

1 2 3 4 5 6 7 8
* Omit fractions of a Rupee.

1. Chief Judicial Magistrates, District Magistrates should give separately the total figures for each station where a Magistrate
is posted, Sessions Judges should give separately the figures for each district within the Sessions Division.
2. Explain entries in Column 5 and name of officers before whom delay principally occurred by a separate sheet.
Note - The figures in Columns 2, 3, 4 and 5 should exhibit the total number of witnesses discharqed either after
amination or without examination.
FORM No.(S) 12
ANNUAL STATEMENT
STATEMENT SHOWING THE PERSONS
DEALT WITH UNDER THE
PROBATION OF OFFENDERS ACT DURING 20.............................
No. of persons
Below 21 year 21 years of age
of age and above
1. Released on Admonition ........ ........

2. Released on Probation without
Supervision ......... .........
3. Released on Probation on furnishing surety
or in charge of Probation Officer specifically
appointed by the Court .......... .........
4. Released on Probation and required to
reside at Probation Home, Hostel or
other places .......... .........
5. Released on Probation and placed under the
supervision of a Probation Officer ........... .........
6. Released on Probation with requirement to
pay compensation to the victim ........... ..........
Total ........... .........

IV. PERIODICAL RETURNS AND STATEMENTS
IV. MISCELLANEOUS FORMS
FORM No.(M) 1
FORM OF HEADING OF DEPOSITION
[Form No. (J) 12 of Schedule XLII, Civil, Volume II,
is to be intended for and used]
FORM No.(M) 2
FORM FOR RECORDING CONFESSIONS AND
STATEMENTS (SEE SECTION 164 OF THE CODE OF
CRIMINAL PROCEDURE AND G.R. & C.O.,
VOLUME I, PAGES 11-12
Before.........................Judicial Magistrate.......................at
(a) .............................in Subdivision....................................of
District.......................... (1) The accused..............................is
brought by..........................................police (Sub) Inspector /
(Head) Constable before me at my ...............................Court/
Camp ................(a)....................on the (b)...............................
(c) .............................A.M./P.M. to have his confession/
Statement recorded. The letter/memo given to me,
dated .............................from the (d) is attached to the record.
I have ascertained that the offence was committed
at (a) ......................on the (b)....................(c)...........................
A.M./P.M.
(2) The accused is placed in charge of (g) I have
satisfied myself that there is no police officer in the Court or
in any place whence the proceedings can be seen or heard
except the above named (g) ............... who have/has not been
concerned in the investigation of the crime or in the arrest or
production of the accused.
(3) The accused is questioned regarding the time
during which and the places where he has . been under the
control of the police.
Questions Answers
First placed under observation I was
detained/arrested at................. (e)................................ A.M./
P.M .....................................on.........................................i.n village/
town/ city ....................of.............I was taken to (f)..........................
at .....................on ....................................I was sent to you from (e)
..................... at.........................on ...............................
4. The accused is then cautioned as follows :-
“You should remember that I am a Magistrate, that you are not bound
to make a confession and that such a confession may be used in
evidence against you.
Further cautions, if any.
The accused is then questioned to ascertain whether he has
understood the warning and whether the confession is voluntary
or is caused by any inducement, threat or promise referred to in
Section 24, Indian Evidence Act.
Questions Answers
(5) Record of statement made :-
The statement of .................aged about ....................years, made in the
language ................My name is ..............My father's name is................
...............and by occupation.......... My home is a Mouza............Police-
station..................District.................I reside at .....................
Questions Answers
Signature or mark of accused
Signature of Magistrate
(6) Prescribed Memorandum :-
I have explained to (h) .........................that he is not bound to make
a confession and that, if he does so any confession he may make
be used as evidence against him and I believe that this confession
was voluntarily made. It was taken in my presence and hearing
and was read over to the person making it and admitted by him
to be correct, and it contains full and true account of the statement
made by him.
(Signature of Magistrate)
(7) Brief statement of Magistrate’s reasons for believing
that the statement was voluntarily made.
(8) The statement having been recorded, the accused is
forwarded -to ...................at...................................
(Signature of Magistrate)
Note - The questions noted below are specimen questions and the
Magistrate should merely use them for the purpose of helping him to put
the particular questions he considers desirable, having regard to the
circumstances of the case and the character of the accused :-
(i) Do you know that I am not an officer of the police but a Magistrate?
(ii) Do you know that you are not bound to make a confession?
(iii) Do you know that if you make a confession it may be used in
evidence against you?
(iv) Do you know that you should not say anything because others
have told you to say so and that you are at liberty to say whatever
you really desire to say?
(v) What are the reasons which have weighed with you in deciding
to make a confession ?

FORM No. (M) 3
Form of recording Examination of Accused
EXAMINATION OF ACCUSED PERSON
Case No. Of 20
(Section 281 of the Criminal Procedure Code)
The examination of ............................aged about .....................years

taken before me ...................................Sessions Judge/Judicial Magistrate
of the ................................Class, at’ ..........................on the.......................
day of ................20 ............., in the ...........................language interpreted
by ..................................................................
My name is .............................................................My father's name

is ...........................................I am aged ..............years. I am by occupation
.......................................... My home is at mouza ........................................
Police-station ..........................................District.......................................1
reside at.....................................................
(Signature or mark of the accused)
Signature of Sessions Judge/Magistrate
The above examination was taken in my presence and hearing,

and contains a full and true account of the statement made by the
accused. It was read over to the accused or interpreted to him in
the language which he understands and was admitted by him to
be correct.
Signature of Sessions Judge/Magistrate

FORM No.(M) 3-1
expedition fee
searching fee
Space for
Space for
APPLICATION FOR COPIES
Serial No ................
IN THE COURT OF
Application for Urgent/Ordinary Copy
* ................. No................ of 20.........
* Here state the class of case ..............................................................
Versus
Description of document of Application is made by ...........................the undersigned,
which co.py is wanted with for copy of the marginally named document
date and the purpose for which in the above case which was disposed of on/is still
copy is applied for pending ......................The following stamps and stamped
sheets are filed :-
Dated..................... 20................... Signature of applicant
ESTIMATE OF
COSTS
(Excluding what has been filed) Estimated stamps, etc, notified on
Rs. P. ................. supplied on..................
................... Stamp sheet @ 20 P. Applicant,
........... Court-fee stamps @ 20 P. Record received on .........................
Extra stamp for urgency .................
Searching fee in stamp.................... Copy will be ready on ......................
Total Copy actually ready on ......................
Date Clerk-in-charge Copy delivered on
Head Comparing Clerk
Serial No ................................... HEAD COMPARING CLERK

Received an application for copy CLERK-IN-CHARGE
bearing the above number to Date ...............20 ...............................
attend for estimate on ................. Received copy on .......................with
Estimated stamp and sheets unused stamps and
valued at Rs. P. sheets valued at Rs. P.
Supplied on ................................. Applicant
To attend for copy on ..................
NOTE - The application will not be considered complete until stamps and
costs have been supplied in full which must be done within 3 days of the date of the
estimate. All inquiries and complaints shall be accompanied by this counterfoil. It will
be given up when the copy is delivered.

FORM No.(M) 3-B
APPLICATION FOR INFORMATION
No Name Nature of Date on which Signature Remarks
& and the the of officer
date residence information information is receiving
to be ready the
application
1 2 3 4 5 6
Received from ................... Application No............... of date .....................

for information which will be ready ...............................
Dated, Clerk-in-charge
FORM No. (M) 4

LETTER TO CHIEF DISTRICT MEDICAL
OFFICER TO HOLD POST-MORTEM EXAMINATION
No ..................
From
THE MAGISTRATE OF
To
THE CHIEF DISTRICT MEDICAL OFFICER OF
Dated, the 20................. 20.............
Sir,
I am to request that you will make post-mortem examination
of the body of .................................herewith sent to you, and report the
result to this office.
Yours faithfully,
Magistrate

FORM No.(M) 5
LETTER TO CHIEF DISTRICT MEDICAL OFFICER TO
EXAMINE PERSON SAID TO BE INSANE
[Sections 328 (1) and 329 of the Criminal Procedure Code]
No. .........................
From
THE SESSIONS lUDGE OF
MAGISTRATE
To
THE CHIEF DISTRICT MEDICAL OFFICER OF
MEDICAL OFFICER
Dated, the ..................................... 20...........
Sir,
I am to say that ....................son/daughter/wife of ........................of

village ..............P.S ..............District................is alleged to be of unsound
mind. He/she is forwarded to you for examination .
I am to request you to examine the said ........................and forward
your certificate in the prescribed form to this Court by to which date the
case has been posted.
Yours faithfully,
Sessions Judge
Magistrate
FORM No.(M) 6
LETTER FROM COMMITTING MAGISTRATE
TO THE SESSIONS JUDGE
NOTIFYING COMMITMENT
No. ....................
From
THE................................. MAGISTRATE OF
To
THE SESSIONS JUDGE
Dated, the..................... 20
Sir,
I am to report that I have this day committed,
............. to take his trial before the Court of Session

The person named below. The record of the G.R. /
Complaint Case No. ................. of 20 ..............along
with case diary is forwarded herewith. The receipt
of the same may kindly be acknowledged. Copies [1. Strike
of papers required under Section 207/208 Criminal out the
Procedure Code have been supplied to him. The portion
receipt granted by the accused is enclosed herewith. which is
The accused is on bail/in jail custody. He has/has unnecessary 1
not the means to engage a lawyer for his defence
(1). The reports of the Chemical examiner and the
Serologist along with material object have been
received.
The material objects have been forwarded to the Chemical examiner

of ................under this office letter No ....................dated .........................
which have not yet been received.
Magistrate
(Name of the persons committed)
1.
2.
FORM No.(M) 7
COURT'S CERTIFICATE TO BE GIVEN TO GOVERNMENT
OR LOCAL FUND SERVANTS WHO ATTEND COURT AS
WITNESSES
(Articles 1133 and 1134, Civil Service Regulations)
COURT OF THE ................................................
1. Name Certified that 1.......................................................

2. Designation 2. ...........................................................................
Appeared before me as a witness on
3. Here state behalf of ...................in a Civil/Criminal
whether case for .............days from ................to
official or in his .............capacity to depose to facts
private within his (3)................... knowledge, and
that he has been paid (4)..................... The
4. If nothing is undermentioned allowances.
paid under
As travelling allowance ...... Rs.
either head it
As subsistence allowance ...... Rs.
should be
clearly stated.
Presiding Officer of the Court
Dated ...............

NOTE - (1) Government officers summoned to give evidence in
their private capacity, i. e. of depose to facts not coming to their knowledge
in the Course to their official duties or with which they have not had to deal
Officially are not entitled to travelling allowances from Government and
subsistence allowances paid to them under the Rules of the Court [1134 (b)
Civil Service/Regulations] must be deducted from their salaries if they are
allowed to draw pay for those days.
NOTE - (2) Official witnesses appearing at the instance of a private
party will be paid by that party through the Court, and the facts certified as in
the case of a payment by the Government.
FORM No.(M) 8
LETTER TO THE CHEMICAL EXAMINER/
SEROLOGIST REQUESTING HIM TO
SEND HIS REPORT TO THE
COURT OF SESSION
From
THE SESSIONS JUDGE OF
To
THE CHEMICAL EXAMINER/SEROLOGIST
TO GOVERNMENT
Dated, the.................................. 20 ..............
Sir,
I am to inform you that the Sessions
Case No. noted on the margin has
been fixed for the trial onIam to
State request that the following material
Vs. object (s) sent to you by letter
.............. Accused
No .................. dated ............ of the
Committed on
charges under Judicial Magistrate of .....................
Sections .............. may be returned along with your
I.P.C. By the report before the date fixed.
.......... of ........
Yours faithfully,
Sessions Judge
FORM No.(M) 9
PETITION OF APPEAL
of
CONVICTED AND SENTENCED BY THE
Of................ On the ................... Day of .................. 20 ..........
Under section (s)
Sheweth
FORM No.(M) 10
LETTER CALLING FOR RECORDS UNDER SECTION 385 (2)
OR; 397 OF THE CRIMINAL PROCEDURE CODE
No.
From
THE SESSIONS JUDGE/CHIEF JUDICIAL MAGISTRATE OF
To
THE Complainant
Dated, the....................... 20 ........... Versus
Accused,
Sir, Case
I am to request that you will forward decided
to this office, on or before the ....................... the by .............
original records of the case noted on the margin.
The records are required under Section 385 on ............
(2) 397 of the Criminal Procedure Code, 1973 20 ..........
(Act II of 1974).
Yours faithfully,
Sessions Judge/Chief Judicial Magistrate

For use in
MEMO No. Sessions
Dated, the ......................20 ...... Judge’s
Copy forwarded to the Chief Judicial Magistrate office
of ...................for information.
Sessions Judge

FORM No.(M) 11
NOTICE OF HEARING APPEAL UNDER SECTION 385
(1) AND CALLING FOR RECORDS UNDER SECTION
From
THE SESSIONS JUDGE OF
To
THE
Dated, the....................... 20 ..........
Sir,
Under Section 385 (1) of the Criminal Procedure
Code, I am to inform you that the case marginally
Convicted noted is set down for hearing on the , and also to
by the of on request that you will give notice thereof to the
the 20 appellant and the complainant (Private prosecutor, if
any) intimating to me hereof that you have done so.
* Omit this *2. I am also to request that you will forward the
paragraph original records of the case so as to reach this office
when not at least days before the date fixed for hearing
necessary the appeal. A brief may be prepared for the use of the
Public Prosecutor before the record is sent.
Yours faithfully
Note 1 - When notice is issued to the complainant he should be
informed that the State has the right to appear to oppose the appeal and
except where the right is given by law to him, the person to whom notice is
issued, requires the permtsslon of the Court to appear and ordinarily will
not receive such permission if the State appears.
Note 2 - Brief is to be supplied to the Public Prosecutor where State
is the respondent.
MEMO No.
Dated, the ........................ 20 ............
Copy forwarded to the Chief Judicial Magistrate/Subdivisional
Judicial Magistrate/Subdivisional Magistrate of ...............for information.
The original records of the case should be forwarded so as
to reach this Court at least .............................day before the date fixed for
hearing. Before doing so, the Subdivisional Judicial Magistrate/
Subdivisional Magistrate is requested, if necessary to have a brief
of the case prepared for the use of the Public Prosecutor.
Sessions Judge

FORM No.(M) ll-A
NOTICE TO RESPONDENT (ACCUSED) IN APPEAL
AGAINST ACQUITTAL
No ..............of 20 .........
....................................................................... Complainant
Versus
......................................................................... Respondent
Convicted of an offence under Section........................... I.P.C. by
the Magistrate of .............on the ..................20................ and acquitted
on appeal by the Sessions Judge of ..............on the .................20 .........
In the matter of a petition of appeal filed by the State of Orissa,
under Section 378 of the Code of Criminal Procedure, in connection
with the case noted above.
Take notice that the aforesaid appeal has been set down for
hearing before the Hon’ble High Court on ..........20 .............at Cuttack.
You are hereby required to appear either in person or through Advocate at
the hearing of the appeal on the said date. Herein fail not.
A copy of the petition of appeal is enclosed.
In case you desire legal assistance of the Court for your
defence, necessary report to the effect may be filed before me
by .....................20 .....................
Date this .......... day of ...........
Magistrate
FORM No.(M) 12
(Section 385 Cr.P.C.
NOTICE TO PUBLIC PROSECUTOR INTIMATING HIM
THE TIME AND PLACE OF HEARING OF APPEAL
From
The
SESSIONS JUDGE
CHIEF JUDICIAL MAGISTRATE
To
THE PUBLIC PROSECUTOR
Dated, the .................. 20 ....................
Take notice that Criminal Appeal .............................noted
Criminal Appeal on the margin has been fixed for hearing on .....................
No ..........of
19 ............ at ...............A.M. in this Court.
Appellant Sessions Judge
versus
...... Respondent Chief Judicial/Magistrate
FORM No.(M) 13
HEADING OF JUDGMENT OF APPELLATE COURT
In the Court of Mr ...................................Sessions Judge/Chief Judicial
Magistrate of .............................
Criminal Appeal No .......................of .............................20
Appeal from the order of Assistant Sessions Judge/
Magistrate ...............................................................................
of .........................Dated ..........................20
Appellant
Respondent
Counsel for appellant-

Counsel for respondent-
FORM No.(M) 14
LIST OF CRIMINAL APPEALS DECIDED BY SESSIONS
JUDGE/CHIEF JUDICIAL MAGISTRATE
To be forwarded to the Superintendent of J ail for
Communication of result of appeal to prisoners
Name and Offence Magistrate Order Remarks

father's name of and date of against whose passed
the prisoner conviction order the in
and appeal is appeal
sentence preferred
1 2 3 4 5
In appeals from orders of Sessions Judges and Chief Judicial

Magistrates, they should communicate the result to the Appellant,
through the jail officer, on this form.
Memo No ...........................dated
Forwarded to the Superintendent of the Jail............................for
Communication to the appellants.
The ..............................20 .................
Sessions Judge or
Chief Judicial
Magistrate.
FORM No.(M) 15
FORM FOR INTIMATING ORDERS IN
CRIMINAL APPEALS AND MOTIONS
In the Court of ........................................................................Criminal.

Appeal No. ....................... of 20 ...............................against the order
Application
of .........................dated
The ..................... 20 .................Present.
Appellant
Petitioner
Versus
Respondent
Opposite-Party
I direct that the ..........................................................Judgment follows
The ..................................20 .................
(Sd)
Memo No ............................Dt. ...................
Copy with the warrant and bail-bond, if any, forwarded to the
........................of .........................for information and which the direction to -
(1) discharge the accused from his bail, Strike out (1), (2) or (3)
(2) retry the prisoner for the offence as may be necessary

charged
(3) take immediate measures to secure the surrender of the accused and
his commitment to jail on the Original/modified warrant.
Dated the ...............................20 .................
Sessions Tudge
FORM No.(M) 16
LETTER FRaM THE SUPERINTENDENT
OF JAIL FORWARDING PETITION OF
APPEAL TO. THE HIGH COURT
No ...............................
From
THE SUPERINTENDENT OF JAIL AT
To
THE DEPUTY REGISTRAR OF THE HIGH COURT, ORISSA
Dated, the .................20................
Sir,
I forward, for the purpose of being laid before Court, petition
of appeal (with copy of the judgment annexed) dated the......................
day of ...............20..................from ...............convicted by the..............
at ..................of an offence under Section (s) ................of.................on
the ......................day of .....................20 .............
Yours faithfully,
Superintendent of the Jail
Memo No ...........................Dt. ........................
Copy forwarded to the Sessions Judge/Chief Judicial Magistrate
of ...........................
Dated ..................... Superintendent of the Jail
The ...................20 ........................
FARM No.(M) 17
ORDER SHEET FOR MAGISTRATES'/RECORDS
In the Court of ................at .............Case No ............of 20
Versus
Serial Date of Order with initials Office note as to
number order of the Magistrate action taken on order
of order (if any) and date
1 2 3 4
Note - This form should be written up in English, whenever possible.


FORM No. (M) 18
ORDER SHEET FOR SESSIONS. RECORD
In the Court of the Sessions Judge of .................Trial No .................
of 20 ................ of the Sessions Division of ..............Case No................of
20 ................of the Magistrate’s ...............................Calendar for
The State - Vrs. No. 1
No. 2
No. 3
The charge (s) under section (s) .......................... Framed, read and
explained to the accused who plead.
No.
No.
Enter below all proceedings and orders
FORM No. (M) 19
COMBINED TITLE PAGE AND TABLE OF CONTENTS
FILE ......................
IN THE COURT OF...........................
Case No. .....................of 20..................
Complainant
Applicant
Accused
Opposite-Party
Section(s) of the Indian Penal Code or other law ........................................
Date of the decision of the original Court ...................................................
Date of the decision of Appellate or Revisional Court ................................
Table of Contents
Serial Sheets Description of Value of Period Remarks
No. Of the paper Court- for which
papers fee to be
stamps preserved
1 2 3 4 5
1 1-3 Order sheet Rs. P.
2 4-5 Petition of
Complaint
3 6-8 Confession of
accused
4. 9 Charge
5. 10-12 Judgment

1 2 3 4 5
6. 13-14 Copy of
Judgment of
Appellate or
Revisional Court
Total value of Court-fee stamps

Signed Compared and found correct
Officer of Court Record-Keeper
NOTE - (1) This form should be maintained in English.
Column 1 will give the consecutive number of the different papers
in the tile. The sheets in the file shall be numbered consecutively and
column 2 should be kept blank and filled in after the file is complete.
Column 1, 3 and 4 will be filled in as the trial proceeds and in column 5
the record-keeper will enter the number of years for which each paper on
the record to be preserved according to the rules for the preservation and
destruction of records.
[NOTE - (2) The fact of conviction or acquittal of the accused and
pendency of split up records, if any, be noted in the remarks column
(Column 6) in the red ink.]
FORM No.(M) 20
LIST OF ARTICLES/DOCUMENTS ADMITTED IN
EVIDENCE IN CRIMINAL COURTS
(LIST OF EXHIBITS)
Court of........................................ at
Case No ............................... of 20 .............
Complainant
Applicant
Versus
Opposite Party
Accused
1. Substituted by C.S. No. 53, IX-6/92, dated 11.5.1993


Section(s) of the Indian Penal Code or other law
Date of Remarks
Disting- Description By Date of Whether
uishing of whom admission admitted return
mark or Documents! filed after or of the
number Articles without articles !
objection documents
with the
Signature
of the
recipient
1 2 3 4 5 6 7
The ................. 20 ............... Signature of Sessions fudge

Magistrate
NOTE - This form should be maintained in English.
FORM N o.(M) 21
LIST OF DOCUMENTS PRODUCED ..............................................................
Complainant
Applicant
Accused
Opposite Party
District ..........................
In the Court of .....................at ..................
Case No..................... of 20 .....................
............................................................................................... Complainant
Applicant
Versus
...................................................................................................... Accused
Opposite Party
Number Descri- Date, if Signature If admitted Date of Remarks

ption of any, of party into evidence return of
Docu- which or the date of document
ments the Pleader! admission with
document Mukhtar with Signature
bears producing exhibit mark of
recipient
1 2 3 4 5 6

FORM No.(M) 22
NOTICE TO TAKE BACK DOCUMENTS
In the Court of ............................
Case No. ................ of 20 .....................
Complainant
Applicant
Versus
Accused
Opposite Party
The parties in the above cases are hereby required to take
back into their custody, within six months from the date hereof
the documents now in the custody of the Court, filed by them as
evidence in the above case the judgment (or order) now having
become final. The parties are distinctly warned that the documents
are kept at their own risk, and 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 ......................... 20 ............... Presiding Officer
FORM No.(M) 23
LETTER ACCOMPANYING A RECORD AND MEMO OF
ACKNOWLEDGEMENT
No. ..................
From
To
Dated...................... the ......................... 20
Sir,
I am to return/forward herewith by 1 the original record of the
case noted on the margin 2 called for in/received with
your .............................No. dated the ..............................20 ..................
Yours faithfully,
Memo of acknowledgement
Received the record forwarded with letter No..................
dated............................20.................... from the .................of................
Dated the ......................20........... Signature and designation of
Receiving Officer
1. Here state method of despatch.
2. Note also on the margin the number of files and pages in each file.

FORM No.(M) 24
LETTER ADVISING THE DESPATCH OF RECORD
No ...................
From Dated .................. 20.........
To
Sir,
I am to advise the despatch this day by 1 ..............to your address
the original record of the case, noted on the margin, called for
in/received with your letter No............dated the 20..... The Parcel bears
the number and date of the letter enclosed therein, viz., No....................
dated .............the....... 20.....he return, duly signed, of the memorandum
annexed to the forwarding letter above quoted, is requested.
Yours faithfully,
Signature of the Officer
despatching the record
FORM NO.(M) 24 - A
RECEIPT OF COPIES OF DOCUMENTS
ON COMMITMENT OF THE.
ACCUSED TO THE COURT OF SESSION
In the Court of ................at ................Case No. ................ of
................................................................................. State/Complainant
Versus
................................................................................................. Accused
Received ..........................the brief/copies of the documents as
per Rule 50 of the G.R. & C.O. (Criminal) Volume I -
Signature of the accused
Pleader for the accused
Public Prosecutor
FORM No. (M) 25

SUMMONS TO AN ACCUSED PERSON
No.1, Schedule II, Act II, 1974
To
of
1. Here state method of despatch

WHEREAS,
Your attendance is necessary to answer to charge of 1..................
You are hereby required to appear 2before the .....................of..............
on the ..................day of ...................
Herein fail not.
Dated this ....................day of................20..................
(Seal of the Court) Sessions Judge/Magistrate
NOTE - 1. In cases where the accused is a public servant of forwarding

letter to the Head of office in which such public servant is employed in
Form No. M-25-A is to be enclosed to the summons.
3[NOTE - 2. If you are a member of Scheduled Castes/Scheduled
Tribes Community, a woman, minor, physically handicapped and unable to file a
case or to contest owing to financial stringency, you may seek Legal Aid in the
matter from the Legal Aid and advice Board or Local Legal Aid and Advice
Committee in the prescribed form.
Xl~ ~I£]Q ~~V!.~16" cai'1G'/cai'~cai'IG'/~16Q~/~IQI~~/9~~I{jjf 6~IQ21I~lij QI
~1e1~ ~QIQ~I 6~~ 6Y1I~QY11 ~QQI~ ~~I Q~QI~ ~~Y1el 66"6Q ??~IQ6" £T~6Q
~IQ~Q6" ~1~lm <3 ~£]6Q~ 6QI~/~1~1a ~IQ~Q6" ~1~IXl4 <3 ~£]6Q~ ~~~~
QQQ;1I~ ~Q~ I ' .
FORM No.(M) 25-A

ORDER FOR TRANSMISSION OF SUMMONS TO BE
SERVED ON A PUBLIC SERVANT WHO IS AN ACCUSED
OR WITNESS IN A CRIMINAL CASE
District ......................
In the Court of ..................... at................. Case No ....................
of .....................
To
Under the provisions of Section 66 of the Code of Criminal
Procedure, 1973, a summon in duplicate is herewith forwarded for
service on the accused/witness.................... who is stated to be serving
under you. You are requested to cause a copy of the said summons to
be served upon the said accused witness and to return the original to
this Court signed by the said accused / witness with statement of
service endorsed thereon by you.
Sessions Judge/Magistrate.
1. State the offence charged.
2. In person or by pleader as the case may be.
3. Inserted by C.S.No. 35, - IX-13/89, Dt. 11.2.1992.
FORM No.(M) 26
WARRANT OF ARREST
To
(1) ................Whereas (2) ................of..........................stands.....................
charged with the offence of (3) ........................................You are hereby directed
to arrest the said (2) and produce him before me. Here in fail not.
Dated the ................day of ..................20 .........................
Sessions fudge/Magistrate
(See Section 71)
This warrant may be endorsed as follows
If the said (2) ...........................................shall give bail himself in the sum
of .....................with one surety ..............................................in the sum of rupees
................. (or two sureties in the sum of rupees.....................................) to attend
before me on the ..................day of .......................................and to continue so to
attend until otherwise directed by me, he may be released.
Dated this................. day of ........................20 ...............
(Seal of the Court) Sessions ludge
Magistrate
FORM No.(M) 27
BOND AND BAIL-BOND AFTER ARREST
UNDER A WARRANT
I (4) .......................of .......................................being brought before
the (5) ............under a warrant issued to ...........................compel my appearance
to answer to the change of (6) ........................................do hereby bind myself to
attend in the Court of ..................on the.........................day of.............................
next to answer to the said charge and to continue so to attend until otherwise
directed by the Court ; and in case of making default therein, I bind myself to
forfeit to Government the sum of rupees ...............................................................
1) Name and designation of the person or persons who is or are to execute the warrant.
(2) Name of the accused.
(3) State the offence.
(4) Name.
(5) District Magistrate or as the case may be.
(6) State the offence.


Dated this .............day of ...................20 ...................
Signature
I do hereby declare myself surety for the above-named
............................... of ................that he shall attend before ................................
in the Court of ........................on the................day of .........................................
next to answer to the charge on which he has been arrested and
shall continue so to attend until otherwise directed by the Court;
and in case of his making default therein, I hereby bind myself to
..........................Forfeit to Government of the sum of rupees ................
Dated this .....................day of......................20..............
Signature
FORM No. (M) 28

PROCLAMATION REQUIRING THE
APPEARANCE OF A PERSON ACCUSED
(Section 82 of the Criminal Procedure code)
WHEREAS complaint has been made before me that (1) .........................
Has committed or is suspected to have committed the offence of
(2) .............................punishable under Section.................................of the Indian
Penal Code and it has been returned to a warrant of arrest thereupon
issued that the said (1) .........................................cannot be found, and whereas
it has been shown to my satisfaction that the said (3) (4).
Proclamation is hereby made that the said (3) ........................................of
..................... is required to appear at (5) .....................................................before
(6) .................................to answer the said complaint on the..................................
day of .................................
Dated this...............................day of ..........................20 ....................
Seal of the Court Signature
1) 1) Name and description and address

(2) Mention the offence concisely.
(3) Name.
(4) Has absconded or is concealing himself to avoid the service of the said warrant
(5) Place
(6) This Courte of or before me.

FORM No. (M) 29
PROCLAMATION REQUIRING THE
ATTENDANCE OF A WITNES$
No.5, Schedule II, Act II, 1974)
(Sections 82, 87 and 90 of the Criminal Procedure Code)
WHEREAS complaint has been made before me that 1...............
............................2 .................... the offence of 3 ...................................
and a warrant has been issued to compel the attendance of ...................
before this Court to be examined touching the matter of the said
complaint ; and whereas it has been returned to the said warrant
that the said 5 ...................... cannot be served and it has been
shown to my satisfaction that he 6 ............. Proclamation is hereby
made that said 7..................... is required to appear at 8.........................
................................ before the Court of ................................................
I............................. on the day of.................................... next at 0' clock
to be examined touching the offence complained of .
Dated this....................... day of.......................... 20 ...................
Seal of the Court Signature.
FORM No.(M) 30
ORDER OF ATTACHMENT TO COMPEL THE
ATTENDANCE OF A WITNESS
To
THE POLICE OFFICER-IN-CHARGE OF THE POLICE
STATION AT .....................................................
WHEREAS a warrant has been duly issued to compel the
attendance of 9 .....................to testify concerning a complaint pending
before this Court, and it has been returned to the said warrant
that it cannot be served ; and whereas it has been shown to my
1. Name, description and address
2. Has committed or is suspected to have committed
3. Mention the offence concisely
4. Name, description and address of the witness;
5. Name of witness
6. Has absconded or is concealing himself to avoid the service of the said warrant
7. Mame
8. Place
9. Name description and address


satisfaction that he 1............................................................ and thereupon
a Proclamation has been or is being duly issued and published
requiring the said .......................................... to appear and give evidence
at the time and place mentioned therein.
This is to authorise and require you to attach by seizure the
movable property belonging to the said ...................................to the value
of rupees ........................................which you may find within the district
of .......................................and to hold the said property under attachment
pending the further order of this Court, and to return this warrant with an
endorsement certifying the manner of its execution.
Dated this ......................day, of...................20......................
FORM No.(M) 31
ORDER OF ATTACHMENT TO COMPEL THE
APPEARANCE OF PERSON ACCUSED
To
WHEREAS complaint has been made before me that 4..................5
..................the offence of...............punishable under Section......................
of the Indian Penal Code and it has been returned to a warrant
of arrest thereupon issued that the said ...................................... cannot be
found and whereas it has been shown to my satisfaction that the
said................. 7................................... and thereupon a proclamation has
been or is being duly issued and published requiring the said6................... to
appear to answer the said charge within..........................days and whereas
the said 6...................................is possessed of the following property other
than land paying revenue to Government in the 8....................of.................
in the district of...................................and an order has been made for the
attachment thereof..................................
1. Has absconded or is concealing himself to avoid the service of the said warrant.
2. Name description and address.
3. Name and designation of the person or persons who is or are to execute the
warrant.
4. Name, description and address.
5. Has committed or is suspected to have committed.
6. Name.
8. Village or town.
9. Strike out the one which is not applicable depending on the nature of the property
to be attached
You are hereby required to attach the said property in the
manner specified in Clause (a) and Clause (c) or both...................... of
Sub-section (2) of Section 83 and to hold the same under attachment
pending the further order of this Court, and to return this warrant
with a endorsement certifying the manner of its execution.
Dated this................... day of.................... 20 ...........................
FORM No.(M) 32
ORDER AUTHORISING AN ATTACHMENT BY THE
DISTRICT MAGISTRATE OR COLLECTOR
To
THE DISTRICT MAGISTRATE/COLLECTOR OF THE
DISTRICT OF
WHEREAS complaint has been made before me that 2................
3................the offence of ................, punishable under section ..............
of the Indian Penal Code, and it has been turned to a warrant of a r r e s t
thereupon issued that the said! cannot be found; and whereas it has
been shown to my satisfaction that the said 4..................5 .............. And
thereupon a proclamation has been or is being duly issued and
punished requiring the said 4 to appear to answer the said charge
within days and whereas the said 4.......................is possessed of certain
land paying revenue to Government in the 6.............of............................
in the district of...............................
You are hereby authorised and requested to cause the said land
to be attached in the manner specified in Clause (a) or Clause (c) or
both 7 of Sub-section (4) of Section 83 and to be held under
attachment pending the further order of this Court, and to certify
without delay what you may have done in pursuance of this order.
Dated this............................ day of.......................... 20............................
(Seal of the Court) Signature
1. Strike out the one which is not applicable depending on the nature of the
property to be attached.
3. Has committed or is suspected to have committed
4. Name
6. Village or town
7. Strike out the one which is not desired.
FORM No.(M) 33
WARRANT IN THE FIRST INSTANCE TO
BRING UP A WITNESS
To1
WHEREAS complaint has been made before me that 2................
of ...............3.............. committed the offence of ..............4.....................
and it appears likely 5 .......................can give evidence. concerning the
said complaint; and whereas I have good and sufficient reason to
believe that he will not attend as a witness on the hearing of the said
complaint unless compelled to do so.
This is to authorize and require you to arrest the said 6 ...........................
and on the .............................. day of ............................ To bring him before this
Court, to be examined touching the offence complained of.
Dated this............................ day of.......................... 20............................
(Seal of the Court)
Signature
FORM No.(M) 34
WARRANT TO SEARCH AFTER INFORMATION OF A
PARTICULAR OFFENCE
To 7 ............................................................................................................
Whereas 8...................................................................................................
1. Name and designation of the police officer or other person or persons

who is or are to execute the warrant.
2. Name and description of the accused.
3. Has or is suspected to have.
4. Mention the offence concisely.
5. Name and descriptions of witness.
6. Name.
7. Name and designation of the police officer or other person or persons
who is or are to execute the warrant.
8. Information has been laid or complaint has been made.

Before me of the.......................................................................................
and it has been made to appear to me for ................................... that the
production of .......................is essential to the ........................................
enquiry4 ................................................................................into the said
................................................................
This. is to authorise and require you to search for the 6......................
in the 7.........................................................and, if found, to produce the
same forthwith before this Court, returning this warrant, with
an endorsement certifying what you have done under it, immediately
upon its execution.
Dated this................... day of.................... 20................
(Seal of the Court)
Signature
FORM No.(M) 35
WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT
No.ll, Schedule II,Act II, 1974
To
WHEREAS information has been laid before me, and on due
inquiry there-upon held, I have been led to believe that the 9........................
is used as place for the 10 .......................................
This is to authorise and require you to enter the said11.....................
with such assistance as shall be required, and to use, if necessary
reasonable force for that purpose, and to search 12............................... and
1. Commission or suspected Commission.
2. Mention the offence concisely.
3. Specify the thing clearly.
4. Now being made or about to be made.
5. Offence or suspected offences.
6. The thing to be specified.
7. Describe the house or place part thereof to which the search is to
be confined.
8. Name and designation of the Police Officer above the rank of a constable.
9. Describe the house or other place.
10. Deposit or sale of stolen property. or. if for either of the other purposes
expressed in 1he Section, state the purpose in the words of the Section.
11. House or other place.
12. Every part of the said house or other place, or if the search is to be
confined to a part. specify the part clearly.

to seize and take possession of any..................... and forthwith to bring
before this Court such of the said things as may be taken possession
of; returning this warrant with an endorsement certifying what you
have done under it, immediately upon its execution.
Dated this...................... day of................... 20...........
Seal of the Court) Signature of the Magistrate
FORM No.(M) 36
BOND TO KEEP THE PEACE
(Sections 106, 107 of the Criminal Procedure Code)
WHEREAS, 12 .....................inhabitant of 3.................have been
called upon to enter into a bond to keep the peace for the term
of.............................or until the completion of the inquiry in the matter
of ....................now pending in the Court of.................
I hereby bind myself not to commit a breach of the peace or do
any act that may probably occasion a breach of the peace, during the
said term or, until the completion of the said inquiry; and in case of
my making default therein I hereby bind myself to forfeit to
Government, the sum of rupees........................
Dated this ..................... day of................ 20 ................
................................4............................do hereby declare 5.....................
surety for the above-named............................. that he shall not commit
a branch of the peace, or do any act that may probably occasion a
breach of the peace during the said term or, until the completion of the
said inquiry; and in case of his making default therein 4........................
bind 6...................... to forfeit to.........................Government..................
the sum of rupees.....................
Dated this....................... day of............... 20 ...........
Signature of the Surety/Sureties.
1. Property or documents or stamps, or seals or coins or abscene objects as the
case may be. (Add when the case requires it) and also if any instruments and
materials which you may reasonable believe to be kept for the manufacture of
forged documents or counterfeit stamps, or false seals, or counterfeit coin or
counterfeit currency notes as the case may be.
2. Name
3. Place
4. I or we
5. Myself or ourselves
6. Myself or ourselves jointly and severally
FORM No.(M) 37
BOND FOR GOOD BEHAVIOUR
(Sections 108, 109 and 110 of the Criminal Procedure Code)
WHEREAS, I 1................. Inhabitant of2................................have

Been called to enter into a bond to be a good behavior to Government
and to all citizens of India or the term of 3......................................or until
the completion of that inquiry in the matter of.....................................now
pending in the Court of............................
I hereby bind myself to be a good behavior to Government
and to all citizens of India during the said term or until the completion
of the said inquiry; and in case of my making default therein, I bind
myself to forfeit to Government, the sum of rupees..................
Dated this....................day of.................20 ....................
Signature
4..................... do hereby declares 5............................................surety for the
above-named ...........................................that he shall be of good behavior
to Government and to all citizens of India during the said term
or until the completion of the said inquiry; and in case of his making
default therein 4..........................bind 6...............to forfeit to Government
the sum of rupees ..........................................
Dated this.................... day of.................. 20 .............

FORM No.(M) 38
SUMMONS ON INFORMATION OF A PROBABLE
BREACH OF THE PEACE
To....................................................................................
............................................of.........................................
1. Name
2. Place
3. State the Period
4. I or we
5. Myself or ourselves
6. Myself or ourselves jointly and severally

WHEREAS, it has been made to appear to me by credible
information that 1........................ 2 ...................you are hereby required
to attend 3 .................. at the office of the Magistrate of on the ..............
day of ................. 20 ........... at ...........O’clock in the forenoon, to show
cause why you should not be required to enter into a bond for
rupees 4 ................that you will keep the peace for the term of ..............
FORM No.(M) 39
WARRANT OF COMMITMENT ON FAILURE TO FIND
SECURITY TO KEEP THE PEACE
No.IS, Schedule II, Act II, 1974
5
To the Officer-incharge of the Jail at ...........................................
WHEREAS6 ............................................................ appeared before
me7 ................................... on the .................... day of ...........................
in obedience to summons challenging upon him to show-cause why he
should not enter into8 ...............that he, the said9 ............would ............
keep the peace for the period of ................... and whereas an order was
then made requiring the said9 .......................to enter into and find such
security 10 .............. And he has filed to comply with the said order.
This is to authorise and require you the said 11 ........................ to
receive the said 10 ............ into your custody together with this warrant
and him safely to keep in the said Jail for the said period of 12 ..............
unless he shall in the meantime be lawfully ordered to be
released ........................ and to return this warrant with an endorsement
certifying the manner of its execution.
Dated this.................... day of................. 20 ..........
1. State the substance of the information
2. And that you are likely to commit a breach of the peace or by which acta breach
of the peace will probably be occasioned
3. In person or by duly authorised agent
4. When sureties are required, and also to give security by the bond of one or two
as the case may be, surety by the bond of one or two as the case may be,
surety or sureties in the sum of rupees each (if more than one)
5. Name of the Jail
6. Name and address
7. In person or by his authorised agent
8. A bond for rupees with one surety or a bond with two sureties each in rupees
9. Name
10. State the security ordered when it differs from that mentioned in the summons.
11. Officer-in-charge

Dated this.................. day of............... 20................
(Seal of the Court)
Signature
FORM No.(M) 40
WARRANT OF COMMITMENT ON FAILURE TO FIND
SECURITY FOR GOOD BEHAVIOUR
To .....................................................................................................
The...................................of the Jail at..................
WHEREAS.............................................................And whereas an
order has been ....................... recorded stating the same and requiring the
said3................................ to furnish security for his good behaviour for the
term of 4............................. by entering into a bond with 5..........................
......................himself for rupees.......................... And 6.........................for
rupees ......................and the said3...................... has failed to comply with
the said order, and for such default has been adjusted imprisonment
for.................... unless the said security be sooner furnished.
This is to authorise and require you the said .......................

to receive the said .................................into your custody together with
this warrant and him safely to keep in the said Jail for the said period
of........................... unless he shall in the meantime be lawfully.................
Ordered to be released ;........................... and to return this warrant with
an endorsement certifying the manner of its execution.
2. It has been made to appear to me that (name and description) has been
concealing his presence in the district and there is reason to believe that
he is doing so with a view to committing a cognizable offence
or Whereas evidence of the general character of (name and description)
has been adduced before me and recorded from which it appears that he
is an habitual robber of house breaker etc. (as the case may be)
3. Name
4. State the period
5. One surety or two, or more sureties as the case may be
6. The said security to each) of the said sureties
7. State the term .
8. Officer-in-charge of Jail

Dated this.................... day of......................... 20 ................
(Seal of the Court)
Signature
FORM No.(M) 41
WARRANT TO DISCHARGE A PERSON IMPRISONED ON
FAILURE TO GIVE SECURITY
(Sections 122 and 123 of the Criminal Procedure Code)
To
The l ............................................. of the Jail at................................
WHEREAS2......................................................... was committed
to your custody under warrant of this Court.
Dated the...................... this day of................. and 3...................
This is to authorise and require you forthwith to discharge the
said 4............................. From ............................... your custody, unless
he is liable to be detained for some other cause.
Dated, this day of............................. 20..........................
1. Officer-in-charge or other officer in whose custody the person is

2. Name and description of prisoner
3. Has since duly given security under section of the Code of Criminal Procedure
or and there have appeared to me sufficient grounds for the opinion that he
can be released without hazard to the community
4. Name

FORM No.(M) 42
ORDER FOR THE REMOVAL OF· NUISANCES
To1
WHEREAS it has been made to appear to me that you 2
I do hereby direct and require you within 3.........................................at4
Dated, this day of...........................20............................
FORM No.(M) 43
MAGISTRATE'S NOTICE AND PEREMPTORY ORDER
I hereby give you notice that it has been found that the order
issued on the...................day of...................requiring you6 is reasonable
and proper. Such order has been made absolute, and I hereby direct
and require you to obey the said order, within 7......................................
.....................................
And in case of disobedience thereof you will be liable to the
penalty provided therefor by the Indian Penal Code for disobedience
thereto.
Dated, this day of........................... 20................

2. Continue as in Form NO.20, Schedule II, Act II of 1974
3. State the time allowed
4. Continue as in Form NO.20, Schedule II, Act II of 1974.
5. Name, description address
6. State substantially the requisition in the order
7. State the time allowed

FORM No.(M) 44
INJUNCTION TO PROVIDE AGAINST
IMMINENT DANGER PENDING INQUIRY
To
WHEREAS the inquiry into the Conditional Order issued by me
on the ........................ day of ................... 20 ........... is being and it has
been made to appear to me that the nuisance mentioned in the said
order is attended with such imminent danger of inquiry of a serious
kind to the public as to render necessary immediately measures to
prevent such danger or injury. I do hereby, under the provisions of
Section 142 of the Code of Criminal Procedure, 1973 direct and enjoin
you ...............forthwith to2...................pending the result of the inquiry.
Dated, this day of................ 20....................
FORM No.(M) 45
MAGISTRATE'S ORDER PROHIBITING
THE REPETITION, ETC., OF A NUISANCE
To
WHEREAS it has been made to appear to me that 4 ...................
I do hereby strictly order and enjoin you not to repeat or continue to
said nuisances.
Dated, this day of................ 20....................

2. State plainly what is required to be done as a temporary safeguard
3. Name, description and address'
4. State the proper recital guided by Form No.20 or Form No.24 of Schedule II,
Act II of 1974, as the case may be
5. As the case may be

FORM No.(M) 46
MAGISTRATE'S ORDER TO PREVENT
OBSTRUCTION, RIOT, ETC.
To
WHEREAS it has been made to appear to me that you 2
I do hereby
Dated, this day of............................ 20..............
FORM No.(M) 47
MAGISTRATE'S ORDER DECLARING PARTY ENTITLED
TO RETAIN POSSESSION OF LAND, ETC, IN DISPUTE
It appears to me on the grounds duly recorded, that a dispute
likely to induce a breach of the peace, existed between 4.......................
Concerning certain 5....................................................... suitable within
the local limits of my jurisdiction, all the said parties were called upon
to give in a written statement of their respective claims as to the fact
of actual possession of the said 6..........................and being satisfied by
due inquiry held thereupon within reference to the merits of the claim
of either of the said parties to the legal right of possession, that the
claim of actual possession by the said 7......................is true ..............
I do decide and declare that 8............. in possession of the said 6............
and entitled to retain such possession until ousted by due course of law
do strictly................................. forbid any disturbance of 9......................
Possession in the meantime.
2. Follow the recital given in Form No.24, Schedule II, Act II, 1974
3. Insert the order of prohibition
4. Describe the parties by names and residence or residence only if the dispute
between bodies of villagers.
5. State concisely the subject dispute
6. The subject of dispute
7. Name, Names or description
8. He is or they are
9. His or their

Dated, this ................ day of................ 20...............

FORM No.(M) 48
WARRANT OF ATTACHMENT IN THE CASE OF A
DISPUTE AS TO THE POSSESSION OF LAND, ETC.
To the
WHEREAS it has been made to appear to me that a dispute
likely to induce a breach of the peace, existed between 2........................
concerning certain 3..............situate within the limits of my jurisdiction,
and the said parties were thereupon duly called upon to state in writing
their respective claims and to the fact of actual possession of the
said 4......................and whereas upon due inquiry into the said claims 5.
This is to authorize and require you to attach the said 4................
by taking and keeping possession thereof and to hold the same under
attachment until the degree or order of a competent Court determining
the rights of the parties or the claim to possession shall have been
obtained; and to return this warrant with an endorsement certifying the
manner of its execution.
Dated, this ..................... day of ................ 20 ..............
Seal of the Court
Signature
1. Police officer-in-charge of police-station at...................

2. Describe the parties concerned by name and residence or residence
only if the dispute be between bodies of villages.
3. State concisely the subject of dispute
4. The subject of dispute
5. I have decided that neither of the said parties was in possession of the said
subject of dispute or I am unable to satisfy myself as to which of the said
parties was in possession as aforesaid.

FORM No.(M) 49
MAGISTRATE'S ORDER PROHIBITING THE
DOING OF ANYTHING ON LAND OR WATER
A DISPUTE having arisen concerning the right of use of 1..........
situate within the limits of my jurisdiction, the possession of which 2....
is claimed exclusively by 3.......................and it appearing to me on due
inquiry into the same, that the said 2...................... has been open to the
enjoyment of such use by 4................................... and 5..................
I do order that the said 6.................................or anyone in their interest,
shall not 7........................possession of the said 8............................to the
exclusion of the enjoyment of the right of use aforesaid, until 8.............
shall obtain the decree or order of a competent court adjudging 9..........
To be entitled to exclusive possession.
Dated, this ...................... day of................ 20...............
FORM No.(M) 50
BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY
BEFORE A POLICE OFFICER
110................... of.............. being Charged with the offence of 11.............
and after inquiry 12............................do hereby bind myself to appear at
1. State concisely the subject of dispute
2. Land or water
3. Describe the person or persons
4. The public or if by an individual, or a class of persons describe him or them.
5. (If the use can be enjoyed throughout the year) that the said use has been
enjoyed within three months of the institution of the said inquiry (or if the
use is enjoyable only at particular reasons, say) “during the last of the
reasons at which the same is capable of being enjoyed.
6. The claimant or claimants of possession.
7. Take or retain
8. He or they
9. Him or them
10. Name .
11. State offence
12. Required to appear before the Magistrate of or and after inquiry called upon
to enter jnto my own recognizance to appear when required.

....................... in the Court of .............. on1 ................to answer further
to the said charge; and in case of my making default her in, I bind
myself to forfeit to Government the sum of Rupees.
Dated, this ................... day of .................. 20 ................
Signature
....................... 2 ............................... for the above said 3 .......................
.................. that he shall attend at.................... in the Court of ...............
on4 ......................................................... further to answer to the charge
pending against him; and in case of his making default
therein5 .........................................to forfeit to Government, the sum of
Rupees .......................................
Dated, this ................... day of .................. 20 ................
FORM No.(M) 51
BOND TO PROSECUTE OR GIVE EVIDENCE
6
1 , .......................... of 7 ....................... do ...................................
hereby bind myself to attend at ......................................in the Court of
..................... at .........................O’clock on the ............................... day
of next, and then and thereto 8 .................................... in the matter of a
charge of against one 9 ....................... .... and in case of making default
herein, I bind myself to forfeit to Government the sum of rupees.
Dated, this ................... day of .................. 20 ................
1. The day of next or on such day as I may hereafter be required to attend

2. I hereby declare myself (or we jointly and severally declare ourselves
and each of us) surety or sureties)
3. State offence
4. The day of next (or such day as he may hereafter be required to attend)
5. I hereby bind myself (or hereby bind ourselves)
6. Name
7. Place
8. Prosecute, or to prosecute and give evidence, or to give evidence
9. Name

FORM No.(M) 52
SPECIAL SUMMONS TO A
PERSON ACCUSED OF PETTY OFFENCE
To 1.................................................................................................
WHEREAS your attendance is necessary to answer a charge of
a petty offence 2................................you are hereby required to appear
in person (or by pleader) before 3..............................of...........................
on the....................... day of........................... 20............ or if you desire
to plead guilty to the charge without appearing before 3...................to
transmit before the aforesaid date the plea of guilty in writing and the
sum of ...................rupees as fine, or if you desire to appear by pleader
and to plead guilty through such pleader, to authorise such pleader in
writing to make such pleader of guilty on your behalf and to pay the
fine through such pleader. Herein fail not.
Dated, this ................... day of .................. 20 ................
NOTE - The amount of fine specified in this summons shall not exceed
one hundred rupees.
FORM No.(M) 52-A
1. Name and address of the accused

2. State the offence charged
3. Name and designation of the Magistrate

FORM No. (M) 52-B

FORM OF ADMISSION OF OFFENCE BY THE ACCUSED
In the Court of Sub-divisional Judicial Magistrate..................................
Case No...................................................../
State.......................................................Complainant
Versus
......................................................................Accused
Section/ (s)
I, ......................................................... (1) received the summons
to answer a charge of petty offences in aforesaid case. I do hereby
plead guilt and remit a sum of rupees.................................... (in words)
......................................... by postal money order and pray that the said
amount may be accepted and the case may be disposed of .
.......................................
Date....................................... Signature of the accused
(This form need not be sent to the Court if the accused is not willing
to plead guilt).
1. Name of the accused

FORM No.(M) 52-C
FORM No.(M) 53
NOTICE OF COMMITMENT BY MAGISTRATE
TO PUBLIC PROSECUTOR
The Magistrate of .....................................................hereby gives
notice that he has committed one ............................. for trial at the next
sessions; and the Magistrate hereby instructs the Public Prosecutor to
conduct the Prosecution of the said case.
The charge against the accused is that 1,
Dated, this ................... day of .................. 20 ................
1. State the offence as in the charge.

FORM No.(M) 54
W ARRANT OF COMMITMENT FOR INTERMEDIATE
CUSTODY IN CASE COMMITTED TO THE SESSIONS
To
The Officer-in-charge of Jail at..............................................
WHEREAS 1 ............................... of ........................................is charged
with 2 .................................................... and has been committed to take
his trial before the Court of Session at ....................................................
You are hereby required to receive the said .......................... Into
your custody and produce him before the said Court when so
required.
Dated, this ............. day of................ 20 ...............
Seal of the Court
Signature
FORM No.(M) 55
CHARGE WITH ONE HEAD
No.32, (I) Schedule II, Act II, 1974
(Sections 211, 212, 213 of the Criminal Procedure Code)
P3, ............................................ hereby charge you 4 ..................................
........................as follows :
That you, on or about 5................................. at 6.......................................
7...................................... and thereby committed an offence punishable
under Section ...........................................of the Indian Penal Code, and
within 8...................................... and I hereby direct that you be tried by
this/ said Court on the said charge.
Dated, this ............. day of................ 20 ...............
Sessions Judge/Magistrate
1. Name [with age]
2. State the offence
3. Name and office of Sessions Judge/Magistrate
4. Name of accused person
5. State the date and time
6. Place
8. My cognizance or the cognizance of the Chief Judicial Magistrate in the district of, as
the case may be.

FORM No.(M) 56
CHARGES WITH TWO HEADS
No.32, (II) Schedule II, Act II, 1974
(Section 211, 212, 213 of the Criminal Procedure Code)
I, 1............................... hereby charge you 2........................... as follows-
First - That you, on or about 3..................................................... at
4.................5.................... and thereby committed an offence punishable
under Section of the Indian Penal Code, and within 6.............................
Secondly - That you, on or about 3........................at 4....................
5 .......................................and thereby committed an offence punishable
under Section(s) of the Indian Penal Code, and within 6.........................
And I hereby direct that you be tried by 7......................................
This/ said court on the said charge.
Dated, this ............. day of................ 20 ...............
FORM No.(M) 57
CHARGES WITH THREE HEADS
(Sections 211, 212, 213 of the Criminal Procedure Code)
I 8............................................................................hereby charge
you 9.............................................. as follows -
First - That you, on or about 10 .....................................................
at 11 .................................. 12 .............................. and thereby committed
an offence punishable under Section ..................................of the Indian
Penal Code, and within 6........................... 10 ..........................
Secondly - That you, on or about 10 .............................................
at 11........................ 12 ....................... and thereby committed an offence
punishable under Section of the Indian Penal Code, and - within 13 .......
1. Name and office of Magistrate, etc.
3. Date and time
4. Place
6. My cognizance or the cognizance of the Chief Judicial Magistrate as the case may be.
7. In cases tried by Magistrate omit "this said Court"
8. Name and office of Magistrate, etc.
10. Date and time
11. Place

Thirdly - That you, on or about I. ..................... at 2 .....................
3 ......................................and thereby committed an offence punishable
under Section ............... of the Indian Penal Code, and within14............
And I hereby direct that you be tried by 5 ....................................
This/said Court on the said charge.
Dated, this ............. day of................ 20 ...............
FORM No.(M) 58
CHARGES WITH FOUR HEADS
(Section 211, 212, 213 of the Criminal Procedure Code)
I 6............................................................................hereby charge
............................................................ As follows :- ...........................
First- That you, on or about 8 ........................at 9 .....................
10 .......................... and thereby committed an offence punishable under
Section .................... of the Indian Penal Code, and within 11 ..............
Secondly - That you, on or about 8 .................. at 9 ..................
10 ......................... and thereby committed an offence punishable under
section ..................of the Indian Penal Code, and within 6 .................
Thirdly - That you, on or about 8 .............................at 9.................
10 ......................... and thereby committed an offence punishable under
Section of the Indian Penal Code, and within 6 .......................................
Fourthly - That you, on or about 8 ..........................at 9 ..............
10 .......................... and thereby committed an offence punishable under
Section ......................of the Indian Penal Code, and within 11................
And I hereby direct that you be tried by J2 this/ said charges.
Dated, this ............. day of................ 20 ............
1. Date and time
2. Place
5. In cases tried by Magistrates omit "this said Court"
6. Name and office of Magistrate etc.
8. Date and time
9. Place
12. In cases tried by Magistrates omit "this said Court"

FORM No. (M) 59

CHARGE AFTER A PREVIOUS CONVICTION
No. 32, (III) Schedule II, Act II, 1974
(Sections 211,212, 213 of the Criminal Procedure Code)
...1............................................................................hereby charge
............................................................ As follows :- ...........................
That you, on or about the .............................................................

day of ............................... at ..................................ncommitted .
and thereby committed an offence punishable under Section ................
...................... of the Indian Penal Code, and within the Cognizance
of the 3 .................
and you the said 4 ...............................................................stand further
charged that you before the committing of the said offence,
that is to say on the ................................day of ......................................
had been convicted by the 5 at ................................................................
of an offence punishable under Chapter XVII of the Indian Penal Code,
with imprisonment for a term of three years that is to say 6....................
Which conviction is still in full force and effect, and that you
are thereby liable to enhanced punishment under Section 75 of
the Indian Penal Code.
And I hereby direct that you be tried by the/said Court on the
said charges.
Dated, this ............. day of................ 20 ...............
Signature of Sessions
Judge /Magistrate
1. Name and office of Magistrate etc.

2. Name of accused
3. Court of Sessions or Magistrate as the case may be
4. Name of accused
5. State Court by which conviction was up held
6. Describe the offence in the words used in the Section under which the offence
was committed.

FORM No. (M) 60
WARRANT OF COMMITMENT ON A SENTENCE OF
IMPRISONMENT OR FINE IF PASSED BY A MAGISTRATE
No. 34, Schedule II, Act 11,1974
(Sections 248, and 255 of the Criminal Procedure Code)
The 1 ................................ of the Jail at ..................

WHEREAS on the ...................day of ..............20 ...........2..........
the 3 .................... prisoner in case No. ................. of the calendar for 20
............... was convicted before me 4 ................. of offence of 5.............
.............. under Section 6..................................... of the 7.................. and
was sentenced to 8.
This is to authorise and require you, the said 9 ........................ To
receive the said 10 into your custody in the said jail, together with this
warrant and hereby carry the aforesaid sentence into execution
according to law.
Dated, this ............. day of................ 20 ...............

Seal of the Court
Signature
Note - This form applies to all criminal Courts mutatis mutandis.
2. Name of Prisoner [with age)
3. 1 st, 2nd, 3rd as the case m
4. Name and official desiqnatl
5. Mention the offence or offe
6. Or Sections
7. Indian Penal Code or of ..
8. State the punishment fully
9. Officer-in-charge, Jail
10. Prisoner's name

FORM No. (M) 61
FORM TO BE ATTACHED TO ALL WARRANTS OF
COMMITMENT
Former
prisoner, with law and section.

6. Other charges pending against
5. Whether sentence appealable
Convic-
10. Offence (Law and Section)

4. Circumstances under which
7. Special classification under

tion
the rules of the Jail code.

3. Previous occupation
9. By whom convicted
11. Sentence
2. Character
convicted
1. Address
or not
8. Date
Note - In column 1 not only the village, but t he police-statton and

district within which the convict resides should be given.
FORM No. (M) 62

WARRANT OF IMPRISONMENT ON FAILURE TO PAY
COMPENSATION
No. 35, Schedule II, Act II, 1974
(Section 250 of the Criminal procedure Code)
To
The Officer-in-charge of the Jail at
WHEREAS 1..........................................................has brought against
2 .................................... the complaint that 3 ........................................ and
the same has been dismissed on the ground that there was no reasonable ground
for making the accusation against the said 4.......................................and the order
of dismissal awards payment by the said 4 ...................................of the sum of
rupees .................................................as compensation; and whereas the said sum
has not been paid and an order has been made for his simple imprisonment in jail
for the period of days, unless the aforesaid sum be sooner paid;
1. Name with age and description
2. Name with age and description of the accused person
3. Mention it concisely
4. Name of complainant

This is to authorise and require you, ............................ to receive
the said 1.......................... into your custody together with this warrant,
and him safely to keep in the said jail for the said period of 1 ..............
subject to the provisions of Section 69 of the Indian Penal Code,
unless the said sum 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 .
Dated, this ...................... day of................ 20 ............
Seal of the Court
Signature
FORM No. (M) 63
SUMMONS TO WITNESS
To........................ of .....................
WHEREAS complaint has been made before me that 3 ..............
of 4 ....................................... committed the offence of 5 ......................
and it appears to me that you are likely to give material evidence or to
produce any document or other thing for the prosecution.
You are hereby summoned to appear before this Court on
the .............day of .............next at 100Clock in the forenoon to produce
such document of thing or to testify what you know concerning the
matter of the said complaint, and not to depart hence without leave of
the Court and you are hereby warned that if you shall without just
excuse neglect or refuse to appear on the said date, a warrant will be
issued to compel your attendance.
Dated, this ............. day of................ 20 ...............
Seal of the Court
Note - In cases where a witness is a public servant a forwarding
letter to the head of the office in which such public servant is employed in
Form No. M-25-A is to be enclosed to summons.
1. Name
3. Name of the accused.
4. Has or is suspected to have
5. State the offence concisely with time and place
6. Or six as the case may be

FORM No. (M) 64
ORDER REQUIRING PRODUCTION IN COURT OF PERSON
IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE
To
The Officer-in-charge of the Jail at ............................
Whereas the attendance of 1 ............ at present confined/detained
in the above-mentioned prison, is required in this Court to answer to a
charge of 2.................or for the purpose of a proceeding 3 .....................
............ you are hereby required to produce the said 1 ............................
under the safe and sure conduct before this Court ....................... on the
..............day of ................. 20 ...........by ................A.M. thereto answer
to the said charge or for the purpose of the said proceeding, and after
this Court has dispensed with his further attendance, cause him to be
conveyed under safe and sure conduct back to said prison.
And you are further required to inform the said 1 .................... of
the contents of this order and deliver to him the attached copy thereof.
Dated, this ............. day of................ 20 ...............
(Seal of the Court)
Countersigned
(Signa ture)
FORM No. (M) 65
FORM No. (M) 65

ORDER REQUIRING PRODUCTION IN COURT OF
PERSON IN PRISON FOR GIVING EVIDENCE
(Sections 267 of the Criminal Procedure Code)
To
The Officer-in-charge of the Jail at
1. Name of Prisoner
2. State shortly the offence charged
3. State shortly the particulars of the proceeding

Whereas complaint has been made before this Court that
I............. of ........................ has committed the offence of 2 ...................
and it appears that 3 .......................... at present confined/detailed in the
above-mentioned prison, is likely to give material evidence for the
prosecution defence ;
You are hereby required to produce the said3 .....................under
safe and sure conduct before this Court at ...................on the ................
day of ...............20............. by................ A.M. thereto give evidence in
the matter now pending before this Court and after this Court has
dispensed with his further attendance, cause him to be conveyed under
safe and sure conduct back to the said prison.
And you are further required to inform the said3 .....................of
the contents of this order and deliver to him the attached copy thereof.
Dated, this ............. day of................ 20 ...............
(Seal of the Court)
Countersigned
(Signature)
FORM No. (M) 65
FORM No. (M) 66

FORM OF LETTER OF REQUEST IN THE CASE OF
EXAMIN A TION OF A WITNESS WHO IS AN OFFICER OF
THE HOUSE OF THE PEOPLE/COUNCIL OF STATES
From
...................................................
To
THE SECRETARY,
THE HOUSE OF THE PEOPLE/THE COUNCIL OF STATES,
PARLIAMENT HOUSE, NEW DELHI.
SUBJECT - 4
Sir,
In the above proceedings, the plaintiff! defendant/Complainant/
accused proposes to examine ....................................... an Officer in the

2. State the offence concisely with time and place
3. Name of the prisoner
4. Description of the case

Secretariat of the House of the People/Council of States (or duly
informed Officer in the Secretariat of the Assembly) as a witness in
regard to matters specified in the Annexure. I am to request you to
move the Honorable Speaker/Chairman of the House, if necessary, to
grant leave for the examination of the said Officer in my Court, and, if
such leave is granted, to direct the Officer to appear in Court on at
0' clock.
Annexure Yours faithfully
FORM No. (M) 67

FORM OF LETTER OF REQUEST TO BE ISSUED FOR THE
PRODUCTION OF: DOCUMENTS IN THE COURT OF LAW
FROM THE RECORDS OF THE HOUSE OF THE PEOPLE/
COUNCIL OF STATES
From
................................................
To
THE SECRETARY,
THE HOUSE OF THE PEOPLE/THE COUNCIL OF STATES,
PARLIAMENT HOUSE, NEW DELHI.
SUBJECT - (1)
Sir,
In the above proceedings, the Plaintiff! defendant/ Complainant/
accused proposes to rely upon the documents, specified in the
annexure, which are in the custody of the House of the People/Council
of States. I am to request you to move the Honourable Speaker/
Chairman of the House, if necessary, to grant leave for the production
of the 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 (A.D.) or through an
Officer of the Secretariat of the House.
Annexure Yours faithfully
1. Description of the case

FORM No. 68
FORM OF LETTER OF REQUEST IN THE CASE OF
EXAMINATION OF WITNESS, WHO IS AN OFFICER OF THE
LEGISLATIVE ASSEMBLY/LEGISLATIVE COUNCIL OF STATE
To
THE SECRETARY, Legislative Assembly /Legislative Council
OF THE STAFF
ST A TE LEGISLATIVE COUNCIL
SUBJECT - (1)
Sir,
In the above proceedings the Complainant/ accused proposes to
examine ........................ an Officer in the Secretariat of the Legislative
Assembly /Council of States (or any duly informed Officer in the
Secretariat of the Assembly /Council) as a witness in regard to matter
specified in the Annexure. I am to request you to move the Hon’ble
Speaker/Chairman, or the House, if necessary, to grant leave for the
examination of the said Officer in my.Court and, if such leave is
granted to direct the Officer to appear in Court on at.. A.M.
Annexure
Yours faithfully
FORM No. (M) 69
FORM OF LETTERS OF REQUEST TO BE ISSUED FOR
Sir, THE PRODUCTION OF DOCUMENTS IN COURTS OF
LAW FROM THE RECORDS OF THE LEGISLATIVE
ASSEMBLIES/COUNCIL OF THE STATES
THE SECRETARY, Legislative Assembly /Legislative Council

OF THE STATE
In the above proceeding the Complainant/ accused proposes to

rely upon the documents, specified in the annexure, which are in the
custody of the Legislative Assembly /Legislative Council. I am to
request you to move the Hon’ble Speaker /Chairman of the House, if
necessary, to grant leave for the production of the documents in my
(1) Description of the case

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 (A.D.) Or through an Officer of the Secretariat of the
House.
Annexure
Yours faithfully
FORM No. (M) 70
WARRANT FOR INTERMEDIATE CUSTODY
(Section 309 of the Criminal Procedure code)
To
The Officer-in-charge of the Jail at .........................
WHEREAS [name of the accused] with age ..........................son
of .................................of village ............................Police-station in the
district of ...................................is charged with 1 ..................................
and has been remanded to custody until 2 ................
You are hereby required to receive the said ..................................
into your custody and to produce him before me on the said day
at 3 ..................
Dated, this ............. day of................ 20 ...............
Session Judge/Magistrate
FORM No. (M) 71

WARRANT OF COMMITMENT UNDER
SENTENCE OF DEATH
(Section 366 of Criminal Procedure Code)
To
The 4......................................... of the Jail ..................
WHEREAS at the Sessions held before me on the .......................
day of ...................20............ 5 the 6........................ prisoner in case No
of the calendar at the said Sessions, was duly convicted
1. Here State offence and law
2. Here give date
3. Here State the hour
5. Name of Prisoner [with age].
6. 1 st, 2nd, 3rd as the case may be

of the offence of culpable homicide amounting to murder under
Section .....................of the Indian Penal Code, and sentenced to death,
subject to the confirmation of the said sentence by the High Court
of Judicature, Orissa.
. This is no authorise and require you, to receive the said 4............
into your custody in the said Jail together with this warrant and him
there safely to keep until you shall receive the further warrant or order
of this Court, carrying into effect the order of the said High Court.
Dated, this ............. day of................ 20 ...............
(Seal of the Court)
Sessions Judge
FORM No. (M) 72

WARRANT OF EXECUTION OF A SENTENCE OF DEATH
No. 42, Schedule II, Act, II 1974
To
The 2 ........................... of the Jail at ................
WHEREAS 3 .........................................the 4 ................................
prisoner in case No .............of the calendar for 20 ........ at the Sessions
held .................before me on the ............day of ...........20 ............... Has
been by a warrant of this Court, dated the ....................day of ...............
committed to your custody under sentence of death, and whereas the
order of the High Court of Judicature, Orissa/Supreme Court
confirming the said sentence has been received by this Court.
This is to authorise and require you to carry the said sentence
into execution by causing the said 3 ............... to be hanged by the neck
until he be dead, at 5 ........... and to return this warrant to the Court
with an endorsement certifying that the sentence has been executed.
Dated, this ............. day of................ 20 ...............
(Seal of the Court)
Sessions Judge
1. Prisoner’s name
3. Name of Prisoner
4. 1 st, 2nd, 3rd as the case may be.
5. Time and place of execution

FORM No. (M) 73
WARRANT AFTER A COMMUTATION OF A SENTENCE
No. 41, Schedule II, Act II 1974
See 386 of Criminal Procedure Code)
To
The 1 .........................of the Jail at ...............
WHEREAS at a Session held on the ............. day of the .............
20 ............. 2 .......... the 3 ........... prisoner in case No ...................of the
calendar for 20 ..................... at the said Sessions, was convicted of the
offence of punishable under Section ................................. of the Indian
Penal Code, and sentenced to , and was thereupon committed to your
custody, and whereas by the order of the ..............Court of (a duplicate
of which is hereunto annexed) the punishment adjudged by the said
sentence has been commuted to the punishment of 4 .................
This is to authorise and require you, the said 5 .................. safely
to keep the said 6 ................... in your custody in the said Jail 7..............
Dated, this ............. day of................ 20 ...............
(Seal of the Court)
Sessions Judge
FORM No. (M) 74

W ARRANT TO LEVY A FINE BY ATTACHMENT AND SALE
To 8
Whereas 9 was on the ................ day ............. 20 ...........
convicted before me of the offence of 10 ...................... and sentenced to
pay a fine of rupees and whereas the said 11 .............. although required
to pay the said fine, has not paid the same or any part thereof.
2. Name of Prisoner
3. 1 st, 2nd, 3rd, as the case may be
4. Imprisonment for life
5. Officer-in-charge of the Jail
6. Prisoner's name
7. Continue as directed in Form No. 41 of the Schedule II, Act II, 1974.
8. Name and designation of the Police Officer or other person who is or are to
execute the warrant
9. Name and description of the offender
11. Name

This is to authorise and require you to attach any movable
property belonging to the said 1............ which may be found within the
district of ............. and if within 2 .......... next after such attachment the
said sum shall not be paid (or forthwith), to sell the movable property
attached, or so much thereof as shall be sufficient to satisfy the said
fine, returning this warrant, with an endorsement certifying what you
have done under it, immediately upon its execution.
This warrant shall remain in force for period of six months and
it must be returned by ................................ whether the amount of fine
imposed or any part of it, be realised or not.
Dated, this ............. day of................ 20 ...............
(Seal of the Court)
Sessions Judge
FORM No. (M) 75

WARRANT OF RECOVERY OF FINE
(Section 421 (b) of Criminal Procedure Code)
To
The Collector of the District of ................................
WHEREAS 2 ............................................ son of ........................
of village ....................... was on the ....................... day of ....................
20 ............ convicted before me of the offence of 3...........and sentenced
to ...........................and to pay a fine of rupees ...................and whereas
the said 4 ........................ although required to pay the said fine, has not
paid the same or any part thereof.
You are hereby authorised and requested to realise the amount
of the said fine, as arrears of land revenue from the movable or
immovable property or both, of the said defaulter and to certify
without delay what you may have done in pursuance of this order.
Dated, this ...................... day of.................. 20 .............
(Seal of the Court)
Sessions Judge
1. Name
2. State the number of days or hours allowed.
3. Name, address and description of the offender
5. Name

FORMS FORM No. (M) 76
BOND FOR APPEARANCE OF OFFENDER RELEASED
PENDING REALISATION OF FINE
(Section 424 of the Code of Criminal Procedure)
WHEREAS I 1 ........................................................ an inhabitant
of 2 ...................................... has been sentenced to pay a fine of rupees
......................................... and in default of payment thereof to undergo
imprisonment for and whereas this Court has been pleased to order my
release on condition of my executing a bond for my appearance on the
following date (dates) namely:
I hereby bind myself to appear before the Court of ......................
at ..............................O’ Clock on the following date (or dates) namely
more and in case of making default herein, I bind myself to forfeit to
Government the sum of rupees ................................
Dated, this ................... day of................ 20 ..........
Signature
(Where a bond with surety/sureties is to be executed)
I/We 3................................... do hereby declare ...................... For
the above-rramed”......................... that he will appear before the Court
of .............. on the following date (or dates) namely ..............................
and in case of his making default therein 5 .............................. forfeit to
Government the sum of Rupees ......................
Dated, this ............. day of................ 20 ..............
Signature
FORM No. 77
WARRANT OF RELEASE ON APPEAL
In the Court of the ............................at ..............
To
The Officer-in-charge of the jail...................................................
at.......................................................
1. Name
2. Place
3. Name and description of the surety or sureties
4. Myself or ourselves surety or sureties
5. I or we bind myself or ourselves jointly and severally

WHEREAS 1 ............................................. son of .......................
of village ............................. of .............................. police-station in the
........................................ district ....................... who was convicted by
2 .................... of the offence of 3 ................. and was ........... sentenced
on the ................... day of ................ to ................... has been acquitted
on appeal by Court. You are hereby directed to discharge the
said 1 ................................ out of your custody unless he is liable to be
detained for some other matter and for your so discharging him this
shall be your sufficient warrant.
Dated, this ............. day of................ 20 ..............
(Seal of the Court)
FORM No. (M) 78

WARRANT FOR USE BY APPELLATE COURT WHENA
SENTENCE IS MODIFIED ON APPEAL
In the Court of the ............................................. At..............
To
The Officer-in-charge of the jail ..................................................
at .............................
WHEREAS 4 ..............................................son of ........................
of village ............................. of ...................... police-station .................
in the district of was convicted by Magistrate of ....................................
of the offence of, and was ......................sentenced on the .....................
day of ................ 20 ............ to 5 .......... which conviction and sentence
have been modified on appeal by this Court, and in lieu thereof the
said4 ........................has been convicted of the offence of .....................
and sentenced on the ......................... day of ....................... 20 ............
to 6.........................
This is to authorise and require you the said officer-in-charge to
receive the said 4 ............................... into your custody in the said jail,
together with this warrant and carry the aforesaid sentence into
execution according to law and this is further to authorise and
2. Name and official designation
3. Mention the offence quoting also Act and Section.
4. Name
5. State the sentence imposed by the trial Court
6. State the modified sentence

require you to return to this Court the original warrant of commitment
in lieu whereof this warrant is issued.
Dated, this ............. day of................ 20 ..............
(Seal of the Court)
FORM No. (M) 79

ORDER BY THE SESSIONS JUDGE FOR THE RELEASE OF
A PRISONER ON BAIL
(Section 389 and 397 of the Criminal Procedure Code)
In the Court of the......................... at............
Appeal/Revision No................ Of.............20...........
To
The............................... of .................
WHEREAS 1 ................................ of an offence under Section
2 ............................... by .............................................the Magistrate of
............................. on the day of ............. 20 ............ has been 3 ............
and on 4 ........................... to this Court an order has been passed under
Section 5 ..................... Criminal Procedure Code for his release on bail
until his 4 ................... shall have been disposed of ......................... You
are hereby required to release the said 1 ............. on good and sufficient
bail 6 ........................ and to return to this Court the original warrant of
commitment. If the prisoner is unable to furnish bail, .................... you
should forthwith return this order with an endorsement to that effect.
Dated, this ............. day of................ 20 ..............
(Seal of the Court)

1. Name of the prisoner

2. Accused or convicted
3. State sentence or period of remand to jail
4. Appeal or application
5. State the Section
6. If the amount of bail is fixed by the appeal at Court, enter it here.


FORM No. (M) 80
WARRANT OF COMMITMENT IN CERTAIN CASES OF
CONTEMPT WHEN A FINE IS IMPOSED
No. 38, Schedule II, Act II of 1974
To
The 1.................................................................... of the jail
at .......................................................................
WHEREAS at a Court held before me on this day 2 ....................
in the 3 ............................ of the Court committed wilful contempt; and
whereas for such contempt, the said 4 ...................................... has been
adjudged by the Court to pay a fine of rupees ................................... or,
in default, to suffer simple imprisonment for the period
of .......................
This is to authorise and require you, the 6 ............................... of
the said jail, to receive the said 7 ................................ into your custody
together with this warrant, and him safely to keep in the said jail for
the said period 8 ....................... unless the said 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.
Dated, this ............. day of................ 20 ..............
(Seal of the Court)
2. Name and description of the offender
3. Presence of or view
4. Name of offender
5. State the number of months or days
7. Name of offender


FORM No. (M) 81
MAGISTRATES OR JUDGE'S WARRANT OF
COMMITMENT OF WITNESS REFUSING TO
ANSWER OR TO PRODUCE DOCUMENT
To 1
WHEREAS 2 ....................................... being 3............................
......................... as a witness, and this day required to give evidence o n
an inquiry into an alleged offence, refused to answer 4 ..........................
........................ put to him touching the said alleged offence and duly
recorded having been called upon to produce 5 ......................................
has refused to produce such document without alleging any just excuse
for such refusal and for his refusal has been ordered to be detained in
custody for 6 .................................................................
This is to authorise and require you to take the said
7 ........................ into custody, and him safely keep in your custody for
the period of .................. days, unless in the meantime he shall consent
to be examined and to answer the questions asked of him, or to
produce the document called for from him and on the last of the said
days, of 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.
Dated, this ............. day of................ 20 ..............

(Seal of the Court)
1. Name and designation of officer of Court

2. Name with age and description
3. Summoned or brought before this Court
4. A certain question or certain questions
5. Nature of the document
6. Term of detention adjudged
7. Name

FORM No. (M) 82
WARRANT OF IMPRISONMENT ON THE
FAILURE TO PAY MAINTENANCE
(Section 125 (3) of the Criminal Procedure Code)
To
The 1 ................................................................. of the Jail
at ..........................................................................................
WHEREAS 2 .......................................... has been proved before
me to be possessed of sufficient means to maintain his
3 ............................................. who is by reason of 4 ............................
unable to maintain 5 ............................. and to have 6 ........................ to
do so, and an order has been duly made requiring the said 7...................
to allow to the said8 ................................maintenance the monthly sum
of rupees ........................... and whereas it has been further proved that
the said 7 ................................ in wilful disregard of the said order h a s
failed to pay rupees being the amount of the allowance, for the
month 9 ....................................of ........................................
And there upon an order was made adjudging him to undergo
10 ....................
imprisonment in that said jail for the period of ..............
This is to au thorise and require you the said 11.............................
to receive the said 2 .................................. into your custody in the jail,
together with this warrant, and there carry the said order into execution
according to law, returning this warrant with an endorsement
certifying the manner of its execution.
Dated, this ............. day of................ 20 ..............
(Seal of the Court)
Magistrate
2. Name [with age], description and address
3. Wife, child, father or mother (name)
4. State the reason.
5. Herself or himself
6. Neglected or refused
7. Name
8. Wife, child, father or mother
9. Or months
10. Simple or rigorous

FORM No. 82-A
WARRANT TO ENFORCE THE PAYMENT OF
MAINTENANCE BY ATTACHMENT AND SALE
To
WHEREAS an order has been duly made requiring 2 ..................
to allow to his said 3 ............................... maintenance the monthly sum
..............................and whereas the said 2 ................................... rupees
.................................. in wilful disregard to said order has failed to pay
rupees ...................................being the amount of the allowance for the
month 4............................. of ......................
property belonging to the said 2 ............................ which may be found
within the district of ....................... and if within 5 ........................ Next
after such attachment the said sum shall not be paid (or forthwith), to
sell the movable property attached, or so much thereof as shall be
sufficient to satisfy the said sum, returning this warrant with an
endorsement certifying what you have done under it immediately upon
its execution.
Dated, this ............. day of................ 20 ..............
(Seal of the Court)
Magistrate
FORM No. (M) 83

BOND AND BAIL BOND ON A PRELIMINARY INQUIRY
OR TRIAL BEFORE A MAGISTRATE
I 6 ............................. of 7 ...................... being brought before the
Magistrate of 8 .......................... charged with the offence of ................
And required to give security for my attendance in his Court in
1. Name and designation of Police Officer or other person to execute the warrant.
2. Name
3. Wife, child, father or mother
4. Or months
5. State the Number of days or hours allowed
6. Name
7. Place
8. As the case may be


any other Court where the case may be pending and at the Court of
Session, if required, do bind myself to attend at the Court of the said
Magistrate or of such other Magistrate before whom the case may be
pending at 10.30 A.M./6.30 A.M.I or such subsequent hour as may be
directed on every day of the preliminary inquiry or trial into the said
charge, and should the case be sent for trial by the Court of Sessions to
be, and appear before the said Court when called upon to answer the
charge against me and, in case of my making default herein, I bind
himself to forfeit to Government the sum of rupees.
2 Signature
Surety .............................. for the said 3 ....................

that he shall attend at the Court of ................................ or of such other
Magistrate before whom the case may be pending at 10 A.M./6.30
A.M. 4 or such subsequent hour as may be directed, on every day of
the preliminary inquiry of trial into the offence charged against him
and should the case be sent for trial by the Court of Session, that he
shall be, and appear before the said Court to answer the charge against
him, and in case for his making default therein, 5 ...................................
For forfeit to Government the sum of rupees.
Dated, this ......................... day of................... 20 ..........
Note - The bond shall be accompanied with an application
containing the particulars prescribed Form No. (M) 83-A.
FORM No. (M) 83-A

FORM OF APPLICATION BY THE SURETY
In the Court of the Judge/Magistrate
Case No ..................... of .......................... 20 ..............
State (or as the case may be) Complainant
Versus
Accused
Solemnly
1 (Name of Surety)
affirm and state as follows :-
1. Strike out as may be necessary
2. I hereby declare myself or we jointly, and severally declare ourselves
and each of us.
3. Name
5. I bind myself or we bind ourselves jointly and severally

(1) I beg to offer myself as a Surety for Accused No. ..................

(full name of the accused who is charged under Section (s) ....................
and who has been ordered to be released on a bail in the sum of
Rs. (in words) .......................... with the .................................. Surety /
Sureties in the like amount, by the .................... Court of the ................
day of ...............................20...............
(2) (A) Name & address of the surety

(B) Occupation or business :-
(C) Name and address of the employer if the Surety is
in service : -
(D) Full particulars of house property owned, if any, its
location, value and the Surety share or interest therein, and
whether it is in any way encumbered : -
(E) Banking accounts, if any : -
Amounts now lying in each banking account: -
(F) Length of time for which the surety has known the Accused
personally: -
(G) Whether the Surety is related to the accused; if so how ?
(H) 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 No. of the cases against those
accused; and whether the case or cases against those
persons are pending or have been concluded)-
(I) Whether the s urety has, .at any time, had his surety bond
forfeited. If so, give particulars :-
(J) Whether the surety has, at any time, made an application for
surety ship which was rejected; if so, give the particulars
thereof :-
(K) Whether the surety is, (or has been) involved in any civil
litigation :-
(L) Whether the surety himself has been concerned in any case
as an accused person, if so give particulars of the case : -
(M) Any other particulars in regard to the status of the surety,
or his income and assets which the surety may desire to
give :-
(3) I produce following in support of my statements, and give
particulars of the same as below : -


Title deeds of properties, Municipal bills of the properties.
Bank pass book
Income-tax payment receipts
Other proof
(4) 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 ..............
(Signature of Surety)
(Identified by................................................... Advocate)
Before me
Judge/Magistrate,
Court ...................
FORM No. (M) 83-B
BOND AND BAIL BOND AFTER CONVICTION
(Section 389 (3) of the Code of Criminal Procedure)
I 1 ........................................ resident of 2 ........................ Police -

station ......................having been convicted by the Magistrate/Sessions
Judge 3 .................... under Section ......................... Of ................... and
sentenced to undergo imprisonment for ............................ and an order
having been passed by the trial Court under the provisions of Section
389 (3) of the Code of Criminal Procedure Code, 1973, for my release
on bail pending filing of appeal and obtaining bail orders from the
appellate Court, do hereby bind myself that I shall present an appeal
and obtain bail order from the appellate Court, by 4 ........................ and
further bind myself to attend the Court of the above Magistrate/
Sessions Court, on 4 ................... to furnish fresh bail as ordered by the
appellate Court, of failing obtaining of bail order from the appellate
Court to surrender to the said Magistrate/Sessions Judge to undergo
the sentence, and in cases of my making default therein, I bind myself
to forfeit to Government the sum of Rs. .................... Only.
Dated this ......................... day ................... 20 ............
(Seal of the Court)
Signature
1. Name
2. Village or street and Town
3. Designation of the Court convicting
4. Date

I hereby declare myself surety
We hereby jointly and severally declare ourselves and each of us
sureties of the above said 1........................................ that he shall attend
the said Court on .......................................for the purpose of furnishing
bail as ordered by the appellate Court or to surrender to the Magistrate/
Session Judge to undergo the sentence, and in case of his making
default therein I bind myself/We bind ourselves to forfeit to
Government the sum of Rs. .............................. Only.
Dated, this ........................days of ...................20 .....................
Signature
Note - The bond shall be accompanied with an application containing
the particulars prescribed in Form No. (M) 83-A.
FORM No. 84
BOND AND BAIL BOND UPON APPEAL
(Sections 389 and 441 of the Code of Criminal Procedure)
1 1..................................... resident of 2 ..........................................
Police-station ......................................having preferred an appeal to the
3................................... against a conviction by the Magistrate/Sessions
Judge 4 of................................. under Section .............................. of the
..................................and an order having been passed by the Appellate
Court under the provisions of Section 389 of the Code of Criminal
Procedure, 1973, for my release on bail, pending decision of the
appeal, do hereby bind myself that I shall attend if so required by the
said Court, in the said or any other Court and that I shall, if under the
said decision any sentence remains to be undergone by me surrender to
the trying Magistrate/Sessions Judge on being called upon to do so by
the Chief Judicial Magistrate/Sub-divisional Judicial Magistrate/
Judicial Magistrate 7 on such date as he may direct to undergo the said
sentence and in case of my-making default therein, I bind myself to
forfeit to Government the sum of Rs. 5 ......................only.
Dated, this ........................days of ...................20 .....................
Signature
I hereby declare myself jointly and severally declare ourselves
6 for the above said 1..........................directed by the Appellate Court to
1. Name
3. Designation of appellate Court.
4. Alter as required
5. Words and figures
7. Delete if not required

be released on bail pending decision of the appeal preferred by him,
that he shall attend, if so required by the said Court, in the said or any
other Court and that he shall, if under the said decision any sentence
remains to be undergone by him, surrender to the trying Magistrate/
Sessions Judge on being called upon to do so by the Chief Judicial
Magistrate/Sub-divisional Judicial Magistrate/Judicial Magistrate Ion
such date as he may direct to undergo the said sentence and in case of
his making default therein I bind myself/We bind ourselves to forfeit to
Government the sum of Rs. 2..................... Only.
Dated this ....................... day ......................... 20...............
Note - The bond shall be accompanied with an application containing
the particulars prescribed in Form No. (M) 83-A.
FORM No. (M) 85

BOND AND BAIL BOND ON APPEAL
AGAINST ACQUITTAL
(Section 390 and 441 of the Code of Criminal Procedure)
I, 3............................. resident of 4 ..........................Police-Station
................................... being brought before the Court of 5 .....................
on a warrant of arrest issued by the High Court under Section 390 of
the Code of Criminal Procedure on an appeal against my acquittal by
the Magistrate/Sessions Judge 6 ......................... of 7 ....................and an
order having been passed under the provisions of the said Section by
the Court for my release on bail, do hereby I bind myself that I shall
attend in the High Court at Cuttack on 8 .....................at ............... A.M.
and continue so to attend until the disposal of the aforesaid appeal, and
in case of my making default therein bind myself to forfeit to
Government the sum of rupees 9 ........................
I do further bind myself to surrender to the Chief Judicial
Magistrate 7 ........................ within three days after the date of decision
or, if no date has been fixed for the decision, on such date as the Chief
Judicial Magistrate may direct, if by the decision of the aforesaid
appeal any further enquiry, retrial, or any sentence is ordered to be
1. Delete if not required
2. Words and figufes
5. Designation of the Court.
6. Alter as required.
7. Place
8. Date

undergone by me and in case of my making default therein I bind
myself to forfeit to Government the aforesaid sum of Rs .......................
Signature
I hereby declare myself suretyt 1/We hereby jointly and
severally declare ourselves and each of us sureties.
for the above-named 2 ........................ who has been ordered to
be released on bail after having been arrested on an appeal against his
acquittal that he shall attend in the High Court at Cuttack on 3 .............
at .............. A.M. and continue so to attend until the disposal of the
appeal in the said Court and in case of his making default thereinIbind
myself/We bind ourselves to 4 .............................forfeit to Government
the sum of rupees 5 ............. I hereby declare myself surety/We hereby
jointly and severally declare ourselves 6; and each of us sureties.
That the aforesaid 7........................... shall surrender to the Chief
Judicial Magistrate 8 ........................ within three days after the date of
decision or, if no date has been fixed for the decision, on such date as
the Chief Judicial Magistrate may direct, if by the decision of the
aforesaid appeal any further enquiry, retrial, or any sentence is ordered
to be undergone by the said 7...................... and in case of his making
default therein I bind myself / We bind ourselves 6 to forfeit to
Government the sum of Rs. .................
FORM No. (M) 86

NOTICE TO BAILOR TO PRODUCE A PERSON
RELEASED ON BAIL BY ORDER OF THE
APPELLATE COURT
To 9 .......................... resident of 10 .......................................

Police-station .............................................
1. Strike out as may be necessary.
3. Date
4. Alter as required.
6. Designation of the Court.
8. Place
9. Name of the Bailor

WHEREAS you by a bail bond dated ............................ declared
your surety in the Sum of Rs. 1...................... for 2 resident of 2 .............
police-station directed by the 3 ............................. to be released on bail
pending decision of his appeal and whereas under the decision of the
said Court a period of sentence remains to be undergone by the said
bailee, you are hereby required to procure the surrender of the said
bailee before me on or before the ................................ day of ...............
20 ......................... failing which proceedings will be taken against you
under Section 446 of the Code of Criminal Procedure.
Dated this ....................... Day .................. 20 ............
(Seal of the Court)
Magistrate
FORM No. (M) 87

WARRANT TO DISCHARGE A PERSON IMPRISONED ON
FAILURE TO GIVE SECURITY
To
The 4............................. of the Jail at ...............
WHEREAS 5............................ was committed to your custody
under warrant of this Court, dated the .............................day of ............
and has since with his surety (or sureties) day of ............................duly
executed a bond under Section 441 of the Criminal Procedure Code.
This is to authorise and require you forthwith to discharge the
said 6 from your custody, unless he is liable to be detained for some
other matter.
Dated this....................... day......................... 20................
(Seal of the Court)
Magistrate

2. Name of the Bailee
3. Designation of the Court
4. Officer-in-charge or other officer in Whose custody the j:1erson is
5. Name and description of prisoner
6. Name


FORM No. (M) 88
COMMISSION TO EXAMINE A WITNESS
(Section 284 or 287 of the Criminal Procedure Code)
In the Court of ............................................................
State.................................... Complainant/Petitioner ..............................
Versus
.......................................................................Accused / Opposite- Party
To 1
WHEREAS ................................................................. is now under
trial before the ........................Sessions Judge/Magistrate of .................
and it is necessary for the purpose of such trial to examine the
person named in the margin as witness on behalf of ...........................
You are hereby appointed Commissioner with authority under
the provisions of Section 3 .............. of the Criminal Procedure Code,
1973 (Act II of 1974) to examine and cross-examine the said witness
upon the interrogatories hereunto annexed or viva voce or both;
and you are hereby required, at certain days and places to be appointed
by you for that purpose, to examine and cross-examine the said
witness as aforesaid, upon such oath or affirmation as is by law
required to be taken by witnesses; and you are hereby further required
to reduce the evidence of the said witness into writing, and to send
the same under your signature to this Court without delay, together
with such documents as may be spoken to by the said witness, marked
as exhibits, and the said interrogatories and this writ.
Dated this....................... day......................... 20................
(Seal of the Court)
FORM No. (M) 88-A

In the Court of ................................................
COMMISSION TO EXAMINE WITNESS OUTSIDE INDIA
(Section 290 of the Code of Criminal Procedure, 1973)
To ...................................................................
Through the Ministry of External Affairs, Government
of India, New Delhi
1. Name and designation of Magistrate or Officer to whom the commission
is issued .
3. 284 or 287.
WHEREAS it appears to me that the evidence of .......................
is necessary for the ends of Justice in case No............... Vrs in..............
the Court of and that such witness is residing within the local limits of
your jurisdiction and his attendance cannot be procured without
unreasonable delay, expense or inconvenience.
1.............................................. have the honour to request and do
hereby request that for the reasons aforesaid and for the assistance
of the said Court you will be pleased to summon the said witness to
attend at such time and place as you shall appoint and that you will
cause such witness to be examined upon the interrogatories which
accompany this commission (for viva voce)
Any party to the proceeding may appear before you by his
counselor agent or if not in custody, in person and may examine,
cross-examine or re-examine (as the case may be) the said witness.
And I further have the honour to request that you will be
pleased to cause the answers of the said witness to be reduced into
writing and all books, letters, papers and documents produced upon
such examination to be duly marked for identification and that you
will be further pleased to authenticate such examination by your
official seal (if any) and by your signature and to return the same
together with this commission to the undersigned through the
Ministry of External Affairs, Government of India, New Delhi.
Dated this....................... day......................... 20................
(Seal of the Court)
FORM No. (M) 88-B

In the Court of .............................................
COMMISSION TO EXAMINE WITNESS OUTSIDE INDIA
(Section 285 (3) of the Code of Criminal Procedure, 1973)
WHEREAS it appears to me that the evidence of .......................
is necessary for the ends of Justice in case No............... Vrs.............. in
the Court of and that such witness is residing within the local limits of
your jurisdiction and his attendance cannot be procured without an
amount of unreasonable delay, expense or inconveriience.
1.............................................. have the honour to request and do
hereby request that for the reasons aforesaid and for the assistance of
the said Court you will be pleased to summon the said witness to
attend at such time and place as you shall appoint and that you will
cause such witness to be examined upon the interrogatories which
accompany this commission (for viva voce)
Any party the proceeding may appear before you by his counsel
or agent or if not in custody, in person and may examine, cross-
examine or re-examine (as the case may be) the said witness.
And I further have the honour to request that you will be
pleased to cause the answers of the said witness to be reduced
into writing and all books, letters, papers and documents produced
upon such examination to be duly marked for identification and
that you will be further pleased to authenticate such examination
by your official seal (if any) and by your signature and to return
the same together with this commission to the undersigned.
Dated this....................... day......................... 20................
(Seal of the Court)
Judge
FORM No. (M) 89

WARRANT OF ATTACHMENT TO ENFORCE A BOND
Section 446 of the Criminal Procedure Code)
To
The Police Officer, Incharge of the Police-station, at ..................
WHEREAS 1................................................ has failed to appear
on 2.................................................... pursuant to his recognisance, and
has by such default forfeited to Government the sum of rupees
3................................ and whereas the said 4................... ............ 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.
property of the said 4................................ that you may find within the
district of................................ by seizure and detention, and, if the said
amount be not paid within ................... to sell the property so attached,
or so much of it as may be sufficient to realise the amount aforsaid,
1. Name description and address of person
2. Mention the occasion
3. The penalty in the bond
4. Name of the person

and to make return to what you have done under this warrant
immediately upon its execution.
Dated this....................... day......................... 20................
(Seal of the Court)
Signature
FORM No. (M) 90

NOTICE TO SURETY ON BREACH OF A BOND
To
of
WHEREAS on the.................. day of.............. 20......... you became
surety for 1....................... of 2....................... that he should appear before
this Court on the........................ day of ................... and bound yourself in
default thereof to forfeit the sum of rupees to Government and whereas
the said 1 has failed to appear before this Court and by reason of such
default you have forfeited the aforesaid sum of rupees.
You are hereby required to pay the said penalty or show cuse,
within days from this date, why payment of the said sum should not be
enforced against you.
Dated this....................... day......................... 20................
(Seal of the Court)
Signature
FORM No. (M) 91

NOTICE TO SURETY OF FORFEITURE OF BOND FOR
GOOD BEHAVIOUR
To
WHEREAS on the .......................day of................... 20............ you
became surety by a bond for I . of 2 that he would be of good behaviour
for the period of ................................................................. to Government,
1. Name
2. Place

and whereas the said 1 ........................... has been convicted of the offence
of 2 ............................. committed since you became such surety, whereby
your security bond has become forfeited.
You are hereby required to pay the said penalty of rupees
........................... or to show cause within ...............days why it should not
be enforced against you.
Dated this....................... day......................... 20................
(Seal of the Court)
Signature
FORM No. (M) 92

WARRANT OF ATTACHMENT AGAINST A SECURITY
WHEREAS 3 ................................................. has bound himself

as surety for the appearance of 4............... and the said 5.......................
Has made default and thereby forfeited to Government, the sum
of rupees 6 ........................
property of the said 5 ............................ which you may find within the
district of ........................................by seizure and detention; and, if the
said amount be not paid within ................................ to sell the property
so attached, or so much of it as may be sufficient to realise the amount
aforesaid, and make return of what you have done under this warrant
Dated this....................... day......................... 20................

(Seal of the Court)
Signature
1. Name
4. Name of person, and mention the condition of the bond
5. Name
6. The penalty in the bond

FORM No. (M) 93
NOTICE TO THE PRINCIPAL FOR FORFEITURE OF A
BOND TO KEEP THE PEACE
To 1
WHEREAS on the......................... day of ..............................20 ...........

you entered into a bond not to commit 2 ..................................... and proof
of the forfeiture of the same has been given before me and duly
recorded.
You are hereby called upon to pay the said penalty of rupees
................................ or to show cause before me within................. days
why payment of the same should not be enforced against you.
Dated this....................... day......................... 20................
(Seal of the Court)
Signature
FORM No. (M) 94

WARRANT TO ATTACH THE PROPERTY OF THE
PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE
To 3
................................... at the Police-station of...................................
WHEREAS 5........................................ did, on the ......................
day of................................ 20.......... entered into a bond for the sum of
rupees............................ binding himself not to commit a breach of the
peace 5.......................... and proof of the forfeiture of the said bond has
been given before me and duly ...........................recorded; and whereas
notice has been given to the said 6 .......................... calling upon him to
pay the sum or to show cause why the said sum should not be paid and
he has failed to show cause or to pay the said sum.
This is to authorise and require you to attach by seizure
movable property belonging to the 6 ................... of the value of rupees
......................... which you may find within the district of ...........and if

2. As in the bond
3. Name and designation of Police Officer
4. Name and description
5. As in the bond
6. Name

the said sum be not paid within ................................to sell the property
so attached or so much of it as may be sufficient to realise the same
and to make return of what you have done under this warrant
Dated this....................... day......................... 20................
FORM No. (M) 95

WARRANT OF ATTACHMENT AND SALE ON
FORFEITURE OF BOND FOR GOOD BEHAVIOUR
(Section 446 of tile Criminal Procedure Code)
To
The Police Officer-in-charge of the Police-Station...........................
at..............................
WHEREAS 1...................................... did, on the ....................
day of ............................20............ give security by bond in the sum of
rupees ...................for the good behaviour of, 2.................................and
proof has been given before me and duly recorded of the commission
by the said 3 ............................of the Offence of ......................whereby
the said bond has been forfeited; and whereas notice has been
given to the said 3 ........................calling upon him to pay the sum or to
show cause why the said sum should not be paid, and he has failed
to show cause or to pay the said sum.
This is to authorise and require you to attach by seizure movable
property belonging to the said 3 ........................... to the value of rupees
............... which you may find within the district of ...............................
and if the said sum be not paid within ................................... to sell the
property so attached or so much of it as may be sufficient to realise
the same, and to make return of what you have done under this
warrant immediately upon its execution.
Dated this....................... day......................... 20................
(Seal of the Court)
Signature

2. Name. etc., of the principal
3. Name


FORM No. (M) 96
WARRANT FOR DETENTION IN A REFORMATORY
ORDER OF DETENTION IN A REFORMATORY SCHOOL
(Sections 8 and 9 of the Reformatory Schools Act, 1897)
In the Court of .........................at ......................WHEREAS name
of the accused with age ...............son of ................resident of village
................ pragana .............district ................................has on the
....................... day of ...................20 . . . . . . . . . . . . . . . . . . . b e e n c o n v i c t e d
by .........................at ........................of the offence .................................
and has been sentenced to ................for ................................which
sentence he is now undergoing in the jail at ....................................
And whereas the said ........................................ is under the age of
fifteen years and is a proper person to be an inmate of a Reformatory
School.
It is, therefore, ordered that, instead of undergoing his sentence,
he be detained for a period of ..........................years in the Reformatory
School at ......................
Dated this....................... day......................... 20................
(Seal of the Court)
Signature
Note - 1 The Sessions Judge should be informed when a juvenile,

whom he has dealt with under Section 8 of the Act VIII of 1897, is not admitted to
the Reformatory. He may substitute for the “Order of detention” a regular
warrant committing him to Jail.
Note - 2 Every Judicial Officer should before sentencing a juvenile to
be detained in a Reformatory, ascertain whether the school can receive him.
FORM No. (M) 97
NOTICE TO BE ISSUED IN CASES UNDER SECTION 113
OF THE INDIAN RAILWAYS ACT, 1890
In the Court of .............................
Magistrate .................................... Class........................
District ................................................
Complainant
Railway Company
1. Imprisonment
2. Name
To 1
of Village ............................ Thana ................District ......................
WHEREAS it appears from the Railway Charge-sheet that on

the .................................... you were found at................................. by a
railway servant duly appointed for the purpose by the railway
administration to be liable under the provision of Section 113 of the
Indian Railway Act, 1890, to pay a sum of Rs. 2 ....................................
in respect of fare and excess charge, of which details are given on the
margin, and tha t you failed or refused to pay the said sum on demand,
you are hereby directed either to remit the said sum of Rs.....................
to this Court reach the Court before the or to appear before the Court
on ...........................at ....................A.M and show cause why a warrant
should not issue for the realisation of the said sum said er Section 113
of the Indian Railways Act, 1890.
Magistrate
Copy forwarded to ............................................................for favour
of service and early return.
Magistrate
FORM No. (M) 98

FORM OF CARD FOR. PLEADERS “AND MUKHT ARS”
REGISTERED CLERK
[Form No. (M) 21 of Schedule XU, Civil Vol. II is to be

intended for and used.]
---------
1. Name
2. Fare or Excess fare Rs ..............
3. Excess charge Rs ...............
Total Rs..................

FORM No. (M) 99
Daily Cause List
Day of............................. 20........................
Before -
No. and Name Date to No. and Names Date to
year of for the which year of the of the which
the case parties adjourned case fixed parties adjourned
fixed for for the
the day day
1 2 3 4 5 6
Note - 1. In columns 2 & 5 of this List, the first name of each side,
e.g. A. VS. B shall only be noted.
Note - 2. In columns 3 & 6 the dates of adjournment are to be noted
at the close of the day.
FORM No. (M) 100

SUMMONS TO PRODUCE DOCUMENTS/THINGS
In the Court of ............................................................ Magistrate

of the ........................................Class,
Case No............................... of 20 ......................... Complainant
Versus
........................................................................................Accused
To
(1) ............................................................of ...........................................
......................................................... at ..................................................
WHEREAS complaint has been made before this Court that
(2) ................................of .................................has/is suspected to have
committed the offence of and it appears necessary for the purpose
1. Name of the witness


of that the under mentioned documents/things now in your possession

or power should be produced before this Court, you are hereby
summoned to attend and produce, or cause to be produced the said
documents/things before this Court at ....................................................
on the ................. day of ...........................20 ...................at ..................
O’ Clock ................. in the forenoon, without fail.
Dated, this day of 20 .
Particulars of documents/things
(Seal of the Court)
Magistrate
FORM No. (M) 101

FORM OF ORDER FOR THE DETENTION IN CUSTODY OF
AN ACCUSED PERSON
To
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
that such investigation can not be completed within the period of
24 hours fixed by Section 57 of the Code; and that there are grounds
for believing that accusation/information against the said persons
is well founded and the accused having been duly forwarded to
this Court, this is to authorise you to detain the said
......................................... in custody .......................... for .....................
Days, ...................... and to cause him to be produced before ................
this Court sitting at ....................... on the .................. day of ................
at ..........................O’ clock .......................
Dated this....................... day......................... 20................

(Seal of the Court)
Signature
* Note - The custody may be such as the Magistrate thinks fit.

GENERAL LETTERS
OFTHE
ORISSA HIGH COURT
MODALlITIES TO BE FOLLOWED AT THE TIME OF GRANTING
BAIL TO THE ACCUSED PERSONS
(a) In suitable cases, where there is apprehension that the
accused may jump bail, preferably the bailor/bailors as the case
may be should be of blood relation of the accused and in case such
bailor /bailors are found not solvent up to bail amount, or are not
willing to take bail, the accused is to satisfy the Court on those
points and in that case preferably the bailor /bailors should be of
the Village, Panchayat, Sub-division or District or any other place
chronologically and in case the accused prefers a bailor outside of
his district, the bailor should mention in the affidavit generally
required to be filed, to the satisfaction of the Court, as to how he
developed acquaintance with the accused. Besides the accused would
explain to the satisfaction of the Court in writing as to why he did
not prefer to choose a bailor from his district giving convicting
reasons for choosing the bailor out side of the District.
(b) Ordinarily the bail may not be granted when the accused
has jumped bail and surrenders after the action is taken for his
non-attendance in the Court in case he does not satisfy the Court
for his non-attendance of the Court due to some unavoidable
circumstances.
(c) While in a bail jumping case, the accused is brought under
arrest, the Magistrate should not be liberal in granting bail.
(d) In case the bail-bond/bonds has/have not been forfeited
and the accused prays to continue on previous bail, the order to
continue on the previous bail should not be passed by the Presiding
Officer behind the back of the bailor /bailors.
(e) On the day when the accused was found to have jumped
bail, one Misc. Case against the bailor /bailors as well as the accused
should be initiated without any further delay.
(f) The bailor /bailors in his affidavit should also mention
as to whether for the 1st time he/they is/are standing sureties 0;
previously he/ they was/ were bailor /bailors in one or more than
one case.
(g) While checking the solvency if it is found that the property
stands In the name of his (bailor's/bailors') father, the bailor /bailors
should mention in his affidavit that either his/their father or fathers
is/are dead and in case it is found that his/their father or fathers

is/are alive; then the present market value of the property of his/
their share/shares only should be taken into consideration.
(h) When it is found that document relating immovable property
stands recorded jointly in the name of 2 or more persons the share / shares
of the bailor/bailors would be considered for verification
of solvency.
(i) The bailor /bailors is his/ their affidavit would also mention
that the land as mentioned in the document has not been sold,
mortgaged or transferred in any other manner and he/they is/
are in possession over the same and there is no litigation for the
said land.
(j) The document showing the home-stead land having houses,
should not be considered at the time of checking solvency. But
when it is found that bailor /bailors has/have more than one house
and the bailor /bailors has/have given one or more houses on rent
and he/they is/are solvent to the bail amount, he/they should be
accepted as bailor /bailors.
(k) The Presiding Officer while verifying the record should
affix the Court seal endorsing the case number and signature so
as to make him sure to eliminate the professional bailor.
(1) One copy of the photograph/ photographs of bailor /bailors
'should be affixed to the bail petition to identify him/them in case
he / they comes / come again to take other accused persons on bail.
(m) The bailor /bailors having identity card/ cards if any, issued
to him/them as a voter/voters may not affix his photograph in his
bail petition in case the said identity card is produced before the
concerned Magistrate for verification of documents to know that
the bailor /bailors is / are solvent to the bail amount.
(n) If the bailor/bailors claims / claim to be the Government

Servant/ servants or employee/ employees of any recognised institution
he/they, would produce his/their pay certificate/certificates issued
by competent authority.
(O) Besides the concerned Presiding Officer may ask some
questions such as names of the relations of the accused, name of
the important persons of the area of the accused and other questions
within the frame work of law to know whether the bailor /bailors
is / are fake or / and professional.
(P) While considering bail, the Presiding Officer considering
the gravity of the offence may pass order regarding the bail amount
which should not be arbitrarily low.

(q) The Presiding Officer should scrupulously follow the

provisions made under Section 437, 438, 439 Cr.P.C. regarding
imposition of conditions while granting bail.
(r) The Sessions Judge while inspecting the Court of C.J.M.
should verify atleast 5 bail jumping cases, to know if the bail has
been granted after due application of mind and due action has been
taken against the bailor and the accused by the Presiding Officer.
(s) The Sessions Judge and the C.J.M. while inspecting
magisterial Courts should also verify at least 5 bail jumping cases at
random to know if the bail has been granted after due application of
judicial mind and whether due action against the bailor and accused have
No. 6627
Dated Cuttack the 16th/17th July, 1998
From
Shri N. P. Rout, O.5.J.5. (Sr. Branch)
Registrar (I & E), Orissa High Court,
Cuttack.
To
All the District & Sessions Judges of the State.
SUB : Modalities to be followed by the Criminal Courts at the
time of granting bail.
Sir,
I am directed to say that it has come to the notice of the Court that a
large number of professional and fictitious bailors are operating in the
State as a result of which the accused persons admitted to bail under the
suretyship of such bailors try to deliberately evade Court attendance
being well aware of the fact that the case stands posted for hearing. By
such conduct the speedy trial of the Criminal case suffers a great set back.
Besides the steps taken against such bailors, yeilds no result to procure
the attendance of the accused.
In order to obviate such contingencies, the Court are pleased to
prescribe a set of guidelines to be followed by the Presiding Officers at
the time of granting bail.
In enclosing herewith a copy of said guidelines, I am to request
that the same may be followed in future scrupulously.
Yours faithfully,
S/d-
Registrar (I & E)
Orissa High Court, Cuttack.

No. 3776 - XLIX - Dt. 27/81

Dated Cut tack, the 9th April 1984
From
Shri R. N. Panda, M.A., LL.B.
Registrar of the High Court of Orissa
To
The District and Sessions Judge, Balasore
Subject : Procedure to be followed for return of documents in
criminal cases consigned to the District Record Room.
Sir,
With reference to your letter No .. 1958, dated 16.5.1981 on
the above subject I am directed to say that instructions issued in
Court's Circular letter No. 1472, dated 14.3.1976 on the question
of return of documents in Criminal cases are exhaustive and clear.
The period of six months prescribed in Rule 226 at page 65 of the
G.R. and CO. (Criminal) Volume - I, is to be counted on the judgment
being final which includes the judgments of the Superior Courts
also. It is the responsibility of the Judge-in-charge Record Room
to give notice to the parties to take return of the documents. In
spite of notice if the parties do not turn up to take their documents,
the risk is theirs.
In the circumstances the Court have been pleased to observe
that there is neither any necessity to modify the instructions already
issued in the matter not to prescribe a separate form for return of
documents in Criminal Cases ;
Yours faithfully
R. N. Panda
Registrar
No. 3866-XLIX-D-17/84
Dated Cuttack, the 11th April 1984
From
Registrar of the High Court of Orissa, Cuttack
To
All the District and Sessions Judges of the State
Subject : Recording of confessional statements of the accused
persons in cases triable exclusively by the Court of Sessions.
Sir,
I am directed to invite your attention to Court's circular letter No.

11825 dated the 21st December 1974 in which in durations have been
issued that the Special, Judicial Magistrates appointed of the Code of
Criminal Procedure will record the confession of the accused persons,
statement of witnesses 161 Cr.P.C hold T.l. Parade of suspects and
properties and record dying declaration even during the presence of the
Judicial Magistrate in the station. It has been brought to the notice of the
Court that the special Judicial Magistrates are not recording such
statements properly as a result valuable piece of evidence in favour of the
prosecution is lost and consequently it causes failure of justice. The
matter was discussed in the last District Judge's Conference held in the
month of December, 1983 and it was unanimously resolved that the
confessional statements of accused persons and the statements of
witnesses under Section 165, Cr.P.C in cases triable exclusively by the
Court of Sessions shall be recorded by the S.D.J.M. or the Judicial
Magistrates, First Class, is available at the station and the confessional
statements in those cases shall be recorded by the Special Judicial
Magistrates. In case no Judicial Magistrate, First Class is available at the
Station, such confessional statements may be recorded by the Special
Judicial Magistrates.
The Court concur with the aforesaid decision and have been
pleased to observe that hereafter the Special Judicial Magistrates
should not record the confessional statements of the accused persons
in cases triable exclusively by the Court of Sessions but they may do so
when the Judicial Magistrate, First Class, is not available at the station.
I am, therefore to request that the above modified instructions
may be brought to the notice of the Sub-divisional Judicial Magistrates
and Judicial Magistrates. First Class, and special Judicial Magistrates
working under you for their information and guidance.
Yours faithfully
R. N. Panda
Registrar

No. 4061 - XLIX - D-22/84

Dated Cuitack, the 17th April 1981
From
Registrar of the High Court of Orissa, Cuttack.
To
Subject : Writing off the penalty imposed on bailors.
Sir,
I am directed to say that a question was raised as to whether
the penalty imposed on bailors can be written off by the Judicial
Magistrates. The matter was discussed in the District Judges
conference held in the month of December 1983. It was decided in the
conference that in view of the specify provisions contained in 431 and
446 of the Code of Criminal Procedure the concerned Magistrate are
competent off writ of to the penalty imposed on bailors provided the
conditions laid down in Rule 115 of the General Rules and Circular
Orders Criminal Volume I page 39 for writing off the fine amount are
satisfied.
The Court concur with that decision and are pleased to observe
that Sub-section (2) of Section 446, Cr.P.c. equates the procedure
for recovery of penalty under a forfeited bond with the procedure
for recovery of fine imposed by a Court. Rule 145 at page 39 of the
General Rules and Circular Orders (Criminal), Volume I, laying
down the principles for writing off irrecoverable fines is therefore
applicable for writing off the penalty under a forfeited bond.
I am, therefore, to request t hat above instructions of the Court

may be brought to the notice of all the Courts subordinate to you for
their information and guidance.
Yours faithfully
R. N. Panda
Registrar

No. 6828 (13) - XII - 10/84

Dated Cui tack, the 9th filly 1984
From
Shri S. Misra, LL.B.
Special Officer of the Hfgh Court of Orissa
To
The District and Sessions Judge
Subject : Expeditious investigation of cases treatment of offenders
belonging to the armed forces.
Sir,
I am directed to invite a reference to Criminal Court and Court
Martial (Adjustment of Jurisdiction) Rules, 1978, which was
published as S.O. 488 in the Gazette of India, dated 25.2.1978, in
Part II Section 3, Sub-section (11). A copy of the same has also been
sent to all the District and Sessions Judges of the State for their
information and communication to and guidance of the Courts
Subordinate. to them vide Court's letter No. 4520, dated 20th June,
1978. The Court have been pleased to observe that the provisions of
the aforesaid rules should be strictly observed while dealing with an
accused belonging to Defence Forces.
I am to request that the aforesaid observations of the Court may
be brought to the notice of the all the Subordinate Courts working
under you for their information and guidance.
Yours faithfully
S. MISRA
Special Officer
No. 7128 - XLIX-D-28/84
Dated Cutiack, the 19th July, 1984
To
Shri J. M. Mohapatra, M. Com.,LL.B.
Sir,
The District and Sessions Judge of the State
Subject : Action to be taken according to provisions of Section
146-A of the Code of Criminal Procedure for failure of the
conditions mentioned in the bail bond executed before the
Police Officer.
Sir,
I am directed to invite a reference to the provisions of the
Section 169 and 170 of the Code of Criminal Procedure and to say
that as provided in Section 169, Cr.P.C. the accused is required to
furnish a bond and bail bond with or without sureties in form
No. 28 binding himself to appear in the Court of the Magistrate
on the date fixed in that bond or on such other day as he may be
directed to attend to answer further to the charge and in case of
his making default to bind himself to forfeit the amount for which
the bond has been executed Section 170 (1) Cr.P.c. provides that
in case of bailable offence the accused is required to give security
before the Officer-in-charge of a Police Station for his appearance
before the Magistrate on the date fixed and for his attendance
from day to day before such Magistrate until otherwise directed.
Section 446-A of the Code of Criminal Procedure makes provisions
that in case of failure of the accused to attend the Court on the
date fixed in pursuance of the bond executed by him in Form No.
28 as required under Section 169 or 170 (1) Cr.P.c. the bond shall
stand cancelled and the accused shall not be released only on his
own bond. From the prevalent practice, it appears that when the
accused does not appear before the Magistrate on the date fixed
in the bond executed by him in Form No. 28 the said bond is not
being forfeited and fresh summonses are being issued by the Courts
to the accused for his appearance in Court which unnecessarily
increases the clerical labour and causes delay in disposal of the
case.
In the circumstances, the Court have been pleased to observe
that coercive action against the accused persons and their bailors may
be taken as per the provisions of Section .446-A of the Code, for
failure of the conditions mentioned in the bail bond executed in Form
No. 28, before the Police Officer.
I am to request that the above instructions of the Court may

be strictly followed by all the Criminal Courts in your Sessions
division.
Yours faithfully
J. M. MOHAPATRA
Registrar (Administration)

GOVERNMENT OF ORISSA
LAW DEPARTMENT
No. 13297 - II - 16/84 (PI.) - II
Dated Bhubaneswar, the 23rd July 1984
From
Shri A. C. Das, LL.B.
Joint Secretary to Government
To
The Registrar, Orissa High Court
Sir,
Subject : Criminal Courts-Witnesses Expenses-Drawal of witness
expenses by Courts through A.C.Bill.
Reference : Courts Letter No. 5119, dated 8.5.1984.
Sir,
I am directed to say that in order to overcome the difficulties
arising out of non-payment or belated payment of
“Witnesses Expenses” to the witnesses appearing in different Criminal
Courts due to non-availability of sufficient funds Government, after
careful consideration, have been pleased to decide that the requirement
of Witnesses Expenses be drawn by the Courts for one month through
A.C.Bills and same be recovered through D.C.Bills within a period of
two months. In other words, amounts drawn in August 1984 in
A.C.Bills would be cleared through D.C.Bills by the end of October
1984. The Courts may would be cleared through D.C.Bills by the end
of October 1984. The Courts may ensure payment to witnesses on the
very day of their appearance in the Court.
I am to request that the Court may kindly issue necessary
instructions in the matter to all concerned.
Yours faithfully
A. C. DAS
Joint Secretary to Government.
No. 8537
Dated Cuttack the 25th August, 1984.
From
Shri J. M. Mohapatra, M. Com., LL.B.
Registrar of the High Court of Orissa (Admn.)
To
All the Sessions Judges of the State
Subject : Trial of cases of rape or offences under Sections 376,

376-A, 376-B, 376-C, and 376-0 of I.P.c. in camera.
Sir,
I am directed to say that it has come to the notice of the Court
that enquiry and trial of cases of rape and offences under Section 376,
Section 376-A, Section 376-B, Section 376-C and Section 376-0 of
I.P.C. are not being conducted in camera by some of the Courts. In this
connection, I am to draw your attention to the provisions of
Sub-section (2) of Section 327 of the Code of Criminal Procedure as
amended by the Criminal Law (Amendment) Act, 1983 (Act No. 43 of
1983) which lay down that the enquiry into and trial of cases of rape
or an offence under Section 376-, 376-A, 376-B, 376-C or Section
376-0 of the Indian Penal Code shall be conducted in camera.
According to the proviso to the said Section, the Presiding Judge may,
if he thinks fit or on an application made by either of the parties, allow
any particular person to have access to or be or remain in, the room or
building used by the Court.
On a careful consideration of the matter, the Court have been
pleased to observe that the aforesaid provisions of Section 327 (2)
of the Code of Criminal Procedure being statutory should be followed
strictly by all the Criminal Courts.
I am to request that the above instructions may be brought to the
notice of the Subordinate Judicial Officers working under your contro
for their guidance.
Yours faithfully,
M. MOHAPATRA
Registrar (Admn.)
No. 8582 - XVIII - 12/82

Dated Cut tack the 27th Allgust 1984
From
Shri J. M. Mohapatra, M. Com., LL.B.
Registrar of the High Court of Orissa (Admn.)
To
All the Oistrict and Sessions Judges of the State
Subject : Procedure to be followed in filing of the charge-sheet
and prosecution report in cases triable by the Special
Court as per the Provisions of Essential Commodities
(Special Provisions) Act, 1981.
Sir,
I am direct to say that a doubt has been entertained as to
whether charge-sheets and prosecution reports in respect of offences
under Essential Commodities (Special Provisions) Act, 1981
committed on or after 1.9.1992 should be continued to be filed before
the cognizance taking Magistrates or before the Special Courts
constituted under the Act. All the District and Sessions Judges of the
State were consulted in the matter.
On a careful consideration of the matter the Court have been
pleased to observe that in view of provisions of Section 12 AA (l)(a)
and (e) and other Provisions of the Act, cognizance of the offence
under the Act has to be taken by the Special Court upon perusal of
Police report or the report made by a public servant, and as such the
prosecution reports/the charge-sheets should be filed before the
Special Court constituted under the Act. The Court further observe
that in case of filing of charge-sheet by the Police before the Special
Court, the fact be noted in the G.R. Register maintained by the C.S.I.
with an endorsement that the charge-sheet has been filed before the
Special Court and after disposal of the case instituted on Police report
by the Special Court the result of the case may be noted in the
C.R.Register on collecting the information from the said Court by the
C.S.1. I am, therefore, to request that aforesaid instructions may be
brought to the notice of all special Courts constituted under the Act
and other Subordinate Criminal Courts working under you for their
information and guidance.
Yours faithfully
J. M. MOHAPATRA
Registrar (Admn.)
No. 9742-XLIX-D-24/84
Dated Cuttack the 20th September 1984
From
Shri J. M. Mohapatra, M.Com., LL.B.
Registrar (Admn.) of the High Court of Orissa, Cuttack
To
The Dis trict and Sessions Judges
Subject : Maintenance of a Register for pending split up records.
Sir,
I am directed to say that the question of maintenance of a
register for pending split up records in Criminal Courts in respect

of the absentee accused persons was under consideration of the

Court. All the District and Sessions Judges of the State are consulted in
the matter.
After careful consideration of the matter, the Court have been
pleased to observe that in order to keep watch over the split up records
against the absentee accused persons and to keep track of the matter a
register for pending split up records be maintained in all the Criminal
Courts in the pro forma appended hereto.
I am, therefore to request that the above instruction of the Court
may be brought to the notice of the Criminal Courts working under
you for their information and guidance.
Yours faithfully
J. M. MOHAPATRA
No. 8095 - XLIX - D - 49/84
Dated Cuttack, the 9th August 1985
From
Shri P. K. Panigrahi
Special Officer, Orissa High Court
To
All the District & Sessions Judge of the State
Subject : Registration of appeals under Section 56 (2-e) of the Orissa
Forest (Amendment) Act, 1982 (Orissa Act 9 of 1983)
Sir,
I am directed to say that a question has been raised as to
whether appeals under Section 56(2-e) of the Orissa Forest
(Amendment) Act, 1982 (Orissa Act 9 of 1983) should be registered as
Title Appeals or Misc. Appeals on the Civil side or criminal appeals.
All the Sessions Judges of the State were consulted in the matter.
The Court after careful consideration of the matter are pleased
to direct that all appeals instituted under Section 56 (2-e) of the
Orissa Forest (amendment) Act, 1982 should be registered as criminal
appeals henceforth.
I am to request that the above instructions should be observed
strictly in future.
Yours faithfully
P. K. PANIGRAHI
Special Officer

No. 10859
Outed Cuttack the 7th November 1985
From
Registrar (Admn.) of the High Court of Orissa, Cuttack
To
The District and Sessions Judges
Subject : Expeditious disposal of Sessions Cases involving under-
trial prisoners.
Sir,
It has come to the notice of the Court that abnormal delay
occurs in the trial and disposal of Sessions Cases of under trial
prisoners in spite of issuance of instructions in Court's Letter No.
8490, dated 24.8.1984 regarding expeditious disposal of Sessions
Cases involving under-trial prisoners.
Rule 58 at page 16 of the C.R. and C.O. (Criminal) Volume -
I provides that it should always be the endeavor of every Sessions
Judge to see that a Sessions Trial is brought to close with the
expedition without any unnecessary adjournments.
The Court wish to observe that the Sessions Judges should
have a close eye on the pendency and disposal of such cases in their
respective jurisdictions. They further direct that the Sessions Judges
should give preference to the trial of Sessions Cases involving
under-trial prisoners and see that their trial is brought to close with due
expedition.
I am to request that the above instructions of the Court should
be strictly followed by all the Sessions Courts within their jurisdiction.
Yours faithfully
J. M. MOHAPATRA
Registrar (administra tion)

No. 24 - XLIX-D - 34/85

Dated Cut tack, the 6th January, 1986
From
Shri J. M. Mohapatra, M. Com.,LL.B.
Orissa High Court, Cuttack
To
The District and Sessions Judges of the State
Subject : Verification of service returns of the prosecution witnesses
by the Courts of Sessions at least seven days before the
date fixed for trial.
Sir,
I am directed to refer to the proceedings under item No. 14 of

the agenda of the District Judges' Conference, 1981 wherein it was
resolved that at the headquarters stations, the Registrar, Civil and
Sessions Courts would examine the sufficiency or otherwise of the
service returns of the P.Ws. in all Sessions Cases at least one week
before the dates fixed for the trial of the Sessions Cases. Whereas at
the outlaying stations, the respective Presiding Officers are to examine
in the aforesaid manner. It was further resolved that for the matter of
checking the service returns the Registrar, Civil and Sessions Courts
in the headquarters stations and the Presiding Officers in the outlaying
stations shall maintain a register for the purpose.
The Court, after careful considerations of the matter, have been
pleased to concur with the aforesaid decision taken at the conference
and direct that in all Sessions Cases, the Registrar, Civil and Sessions
Courts at the headquarters stations and the Presiding Officer of the
outlaying stations would examine the sufficiency or otherwise of the
service returns of the P.Ws. to take follow-up action in order to ensure
the attendance of witnesses on the dates fixed. A register of
verification of service returns of the prosecution witnesses in Sessions
Cases shall be maintained by the Sessions Clerk in the enclosed
proforma and shall be put up before the Sessions Judge one week
before the date of the trial of the Sessions Cases.
I am to request that the above decision of the Court may be
strictly followed in your Sessions Division.
Yours faithfully
J. M. Mohapatra
No. 26 (26) - XLIX-D-13/83

Dated C uitack, the 6th January, 1986
From
Registrar (Administration),
To
The District and Sessions Judge
The Chief Judicial Magistrate
Subject : Amendment of Rule 119 of the Orissa Police Manual
Rules, 1940, Volume - I regarding testing of seized valuable
materials by the goldsmith on payment of remuneration at
the time of receipt in the Court Malkhana.
Sir,
I am directed to enclose herewith a copy of letter No. 51090/
P. dated 18.10.1985 alongwith the broad sheet of amendment of Rule
119 of the Orissa Police Manual Rules, 1940, Volume-Ion the subject
noted above for your information and guidance and for issue of
necessary instructions with a copy of the amendment to the
subordinate Courts under your jurisdiction for their guidance.
Yours faithfully
J. M. Mohapatra
HOME DEPARTMENT
No. 51989-PLA-14/84-P
Dated Bh ubanesuiar, the 18th October 1985
From
Shrimati A. Agnihotri, I.A.s.
Deputy Secretary to Government
To
The Director-General and I.G. of Police, Orissa, Cuttack
Subject : Amendment of Rule 119 of Orissa Police Manual Rules,
1940, VoU
Reference : Letter No. Law - 28/81-31681 - Dated 7.11.1981 of
the D.I.G., C.I.D. and Rlys, Orissa, Cuttack.
Letter No. 634-S.P.A., datecd 3.11.1982 of the Deputy Director,

State Police Academy, Cuttack.
Sir,
I am directed to say that Government after careful consideration,
have been pleased to amend the Rule 119 of the Orissa Police Manual
Rules, 1940 Volume-I as per the broad sheet enclosed.
This amendment will come into effect from the date of issue of
this order.
Yours faithfully
A. AGNIHOTRI
Deputy Secretary to Government
INCORPORATION OF NEW RULE IN P. M. R. 119 CHAPTER
VI POLICE MANUAL RULES, 1940 (VOL - I)
Existing Rule P.M.R. 119(a)
Register of property in possession of the Police. All Identifiable
property stolen, whether recovered or not and all articles of which the
police take charge, shall be entered in detail with a description of the
identifying marks on each article, in a register to be kept in P.M. Form
No. 18 in duplicate, and a receipt shall be obtained whenever any
article of property of which the Police take charge is made over to the
owner, sold, sent to the Court or disposed of in any of the receipts
shall be entered in Column - 7.
Unidentifiable property (when the rule requires its entry i.e.
when the police take charge of it) shall be entered in bulk, the number
of articles, value and general description being merely noted.
Proposed Rule
1. This i.e. 119 (a) will be numbered as P.M.R. 119 (a) (i) P.M.R.
119 (a) (ii) Gold and Silver materials and other valuable metals seized
by the Police, will be tested by a goldsmith, at the time of seizure by
the Police Officer (s) concerned and a certificate obtained from him in
that regard. The articles will also be tested by a goldsmith at the time
of their acceptance by the officer-in-charge of the Court Malkhana and
discrepancy if any, should be immediately brought to the notice of the
S.P. of the district by the Court concerned.
2. In order to ensure efficient working of the above procedure
the district S.P. and the C.J.M. of the district, in consultation with each
other, shall prepare a panel of goldsmith to attend to the work of each
police-station and Court Malkhana.
3. The rate of remuneration of the goldsmiths for each police -
station would be fixed by the Supdt. of Police of the District taking
into consideration the nature and volume of the work.
4. The bills of the goldsmith duiy certified by the O.I.C. of the
P .5. for attending to the work during investigation of cases shall be
paid from the investigation charges sanctioned for the
District/Establishments and left at the disposal of the Superintendents
of police.
---------------------
No. 814 - XI.VIC. 82/84
Dated Cuttack, the 28th January, 1986
From
Shri K. C. Mohapatra, LL.B.
Registrar (Inspection & Enquiry)
To
Subject : Giving regard to the reports of Inspection of the Court
while writing out confidential Character Roll of the Officers.
Sir,
I am directed to say that report of inspections of-the Courts of
the Judicial Officers of the State holiday the Chief Judicial
Magistrates and the District and Sessions Judges at different times
exhibit very sad state of affairs in the condition of the offices. The
reason behind such affairs are that the Presiding Officers are not alive
to their duties and responsibilities. They do not pay their attention to
the proper maintenance of records and registers. Many of the officers
go without sufficient work on many occasions on account of improper
planning with regard to posting of cases in the diary. Important
Registers even are not periodically scrutinised. The rules framed and
instructions issued by the Court from time to time are followed more
in breach than in-compliance.
The defects and irregularities pointed out in the notes of
inspection for a particular period are found to have been repeated in
the next notes of inspection. The Presiding Officers often do not make
personal verification as to whether the defects pointed out in the notes
of inspection have been actually removed or not. On the other hand,
they furnish reports of compliance mechanically with certificate that
the compliance reports have been furnished after personal
verification. The notes of inspection which play important role in the
administration of justice are often treated with empty formality.
The Court while expressing their grave concern aver the matter
discussions the District and Sessions Judges arid Chief Judicial
Magistrates at the time of writing out the Confidential Character

Roll of the Officers, shall have regard to the reports of inspection

of their respective Courts.
Yours faithfully
K. C. MOHAPATRA
Registrar (I & E)
No. 1534
Dated Cuttack, the 17th February, 1986
From
Orissa High Court
To
Sir,
I am directed .to furnish herewith the accompanying extract of
Notification No. 2470/10, dated 15.1.1986 received from the Deputy
Secretary to the Government of Orissa in Home Department declaring
that any offence punishable under Section 506 of the Indian Penal
Code when committed in any part of the State of Orissa shall be
cognizable and non-bailable, for your information and guidance and
for communication to and guidance of the Courts subordinate to you.
Yours faithfully
J. M. MOHAPATRA
Registrar (Admn.)
------------------------
GOVERNMENT OF ORISSA, HOME DEPARTMENT
NOTIFICATION
Bhubaneswar, dated 15.1.1986
No. 2170-H.C.lRef.2.10.1984 - In exercise of the powers conferred
by Sub-sections (1) and (2) of Section 10 of the Criminal Law Amendment
Act, 1932 (23 of 1932) and in supersession of the Government of
Orissa in the Home Department notification No. 22186-Ref.2.21-
70-H.c., dated the 26th June, 1970 under SRO No. 487/70 and No.
22187-H.C. of the even date, the State Government do hereby declare
that any offence punishable under Section 506 of the Indian Penal
Code, when committed in any part of the State of Orissa shall,
notwithstanding anything contained in the Code of Criminal Procedure"
1973 (2 of 1974) be cognizable and non-bailable, and the said Code

of Criminal Procedure shall while this notification remains in f orce

be deemed to be amended accordingly.
By order of the Governor
R.N.DAS
Secretary to Government
No. 3142 (13) - XLIX-D-28/85
Dated Cuiiack, the Znd April, 1986
From
Shri J. M. Mohapatra, M.Com.,LL.B.
To
The District & Sessions Judges of the State
Subject : Desirability of allowing normal T.A. and D.A. To the
Process-Servers when they perform tour not connected with service of
process and summons.
Item No. 29 of the Proceedings of the District Judges
Conference, 1984 ..
Sir,
I am directed to invite a reference to Item No. 29 of the
proceedings of the District Judges Conference, 1984 regarding the
desirability. of allowing normal T.A. and D.A. To the Process Servers
when they perform tour not connected with service of process and
summons.
2. Rule 74(3) of Orissa Travelling Allowance Rules provides
that a Government servant who proceeds on tour beyond his sphere
of duty may draw mileage allowance for the entire journey including
such part of it as is performed within his sphere of duty, but shall
not in such case be entitled to draw the proportionate amount of
permanent traveling allowance for the days on which he draws
mileage allowance. This rule does not apply to a Government servant
who travels beyond his sphere of duty in the course of a journey from
one place to another within that sphere or to a Government servant
who makes, by road alone, a journey not exceeding 32 kilometers.
3. All the District Judges were consulted in the matter and
majority view is that Rule 74 (3) of Orissa Travelling Allowance
Rules does not prohibit payment of usual T.A. and D.A. to the process
server performing tour beyond his sphere of duty. The Court, after
careful consideration of the matter observe that since the aforesaid
Rule does not prohibit payment of usual T.A. And D.A to the Process
Server performing tours beyond his sphere of duty, there is no
ambiguity in the Rule referred to above.
Yours faithfully
J. M. MOHAPATRA
Registrar (Admn.)
No. 7853 - XLIX-D - 20/86
Dated Cuttack, the 26th July, 1986
From
The Registrar (Judicial)
Orissa High Court
To
All the District Magistrates of the State.
Subject : Submission of Certificate that the provisions of Section
116 (6) of the Code of Criminal Procedure have been
followed by the Executive Magistrates.
Sir,
I am directed to enclose a copy of General letter No. 1/80
(Criminal) which enjoins up on the magistracy to furnish a certificate
in the returns to the effect that the provisions of Section 116(6) Cr.P.C.
have been followed. Consequent on the amendment of the Code of
Criminal Procedure by. the (Amendment) Act 63 of 1980 the
Executive Magistrates have been empowered to deal with the cases
under Sections 108, 109 and 110 of the Code of Criminal Procedure.
In the last District Judges Conference, 1985 the proposal for furnishing
such certificates by the Executive Magistrates was. considered and
it was selected that as the hearing of cases under the Preventive
Sections has been entrusted to the Executive Magistrates, it would
be more appropriate to insist on those Magistrate to furnish certificates
showing compliance of Section 116 (6) Cr.P.c.
The Court, after careful consideration, have been pleased to
concur with the aforesaid decision and observe that the Executive
Magistrates shall furnish a certificate in their returns to the effect
that the provisions of Section 116 (6) of the Code of Criminal
Procedure have been followed and the concerned Additional District
Magistrates should scrutinise the records and see that the compliance
has been properly made.
I am to request that the aforesaid iristructions may be brought
to the notice of the Executive Magistrates working under your
jurisdiction for strict compliance.
Yours faithfully
S. MISHRA
Registrar (Judicial)
G. L. No.1 of 1980 (Criminal)
Dated Cuttack, the 22nd May, 1980
From
Shri B. K. Behera, LL.B.
To
Subject : Expeditious disposal of cases against under-trial prisoners.
Sir,
The question of the expeditious disposal of cases against the

under-trial prisoners requires utmost attention. Instructions had been
issued by the Court for giving preference to such cases in Court's Letter
No. 9402 - XXIX 83/72, dated the 24th October 1973.The desirability of
expeditious trials of such cases has been emphasised
by the Supreme Court in the decisions reported in AIR 1979 Supreme
Court 1369 and 1377.
The question of expeditious disposal of such cases figured in
the District Judges Conference held in the 1978 and it had been
decided that apart from the instructions of the Court issued in the
Magistrate exclusively in-charge of cases of under-trial prisoners at
stations where there are more than one Magistrates.
It was further decided that a circular would be issued directing
all the Magistrates to give certificate in the monthly statement that
they have given preference to such cases. It was also decided that the
Chief Judicial Magistrates should scrutinise the records to see as to
whether the provisions of Section 116(6) of the Code of Criminal
Procedure were being followed. It was further decided that the essions
Judges and the Chief Judicial Magistrates would instruct all the
Magistrates to follow the provisions of the Probation of Offenders Act.
It would appear that some steps have been taken by the Courts
at different stations for the expeditious disposal of cases against the
under-trial prisoners. However in order that appropriate steps are taken
in this regard by the Subordinate Courts, the Courts direct that the
following instructions be scrupulously observed by the subordinate
Courts.
(a) At stations where there are more than one Magistrate the
Sessions Judge would allot such cases to one Magistrate as far as
possible.
(b) The Magistrates shall give a certificate in the monthly
statements that they have given preference to cases of under trial

prisoners. The Magistrates shall also give a certificate that the provision of
Section 116 (6) of the Code of Criminal Procedure have been followed and the
Chief Judicial Magistrates should scrutinise the records and see that this has
been done.
(c) The Sessions Judges and the Chief Judicial Magistrates
shall instruct all the Magistrates to properly follow the provisions of
the Probation of Offenders Act.
(d) The Magistrates should apply the provisions of Section 167
(5) of the Code of Criminal Procedure when investigation has not
been completed within the requisite period and the fact that this has
been done shall find place in the monthly statement.
(e) The Magistrates must satisfy themselves before authorising
the detention of the accused persons beyond the period of 15 days that
there are adequate grounds for so doing. Their attention is drawn to
the provisions of Section 167 (2) of the Code of Criminal Procedure.
(f) All applications for withdrawal of cases against the under
trial prisoners, whenever made by the public prosecutors, should be
heard and disposed of immediately after such applications are made
irrespective of the dates fixed by a dvancing the cases and giving due
notices to the parties.
I am to request that these instructions should strictly be followed
by all Courts within your jurisdiction.
Yours faithfully
B. K. BEHERA
Registrar
No. 8161 - XLIX-D - 14/84

Dated C.uttack the 22nd August 1986
From
The Registrar (Judicial) of the High Court of Orissa
To
All the District and Sessions Judges of the Sta te
Subject : Noting the pre-condition period of detention of convicts
in the Register of Warrant of Imprisonment (R) 5.
Sir,
I am directed, to refer to Item No. 17 of the proceedings of the
District Judges Conference held irt 1985 and to say' that the proposal,
or noting the pre-condition period of detention of the convicts in the
Register of Warrant of Imprisonment Form No. (R)5 was accepted and
it was resolved that in order to facilitate easy verification of the date

verification of the date of detention be noted in the remarks column
of the Register of Warrant in Imprisonment From No. (R) 5.
The Court, after careful consideration, are pleased to concur
with the aforesaid decision and direct that in order to facilitate easy
verification of entries relating to termination of sentence by the
inspecting authorities, the pre-conviction period of detention should
be noted in the remarks column of the Register of Warrant of
Imprisonment Form No. (R) 5.
I am, according, to request that the aforesaid instructions may
be brought to the notice of all the Subordinate Criminal Courts
functioning in your Sessions Division for their information and
future guidance.
No. 8022 - XI - 5/85
Dated Cui tack, the 14th August, 1986
From
Shri S. K. Behera, LL.B.
Orissa High Court, Cuttack
To
Subject : Grant of free copies of the documents/orders/judgments
in legal aid cases, to Supreme Court Legal Aid Committee
and High Court Legal Aid Committee.
Sir,
I am directed to say that it has been brought to the notice of
the Court that people belonging to the poor and vulnerably community
are deprived of justice because of their economic inability in obtaining
certified copies of Judgments/Orders/Documents etc. for preferring
appeals in the Supreme Court.
The Court, after careful consideration of the matter, have been
pleased to direct that henceforth copies of documents/orders/
judgments, etc. should be granted free of cost when required on their
behalf by the Supreme Court Legal Aid Committee or the High Court
Legal Aid Committee.
I am, therefore, to request that the above instructions may be
brought to the notice of the all the Subordinate Courts working under
you for their information and guidance.
Yours faithfully
S. K. BEHERA
Registrar (Administrationj)
No. 10121 - XLIX - D - 1/86
Dated Cutrack, the 18th September, 1986
From
Shri S. K. Behera
High Court of Orissa.
To
All the District & Sessions Judges of the State.
Subject : Expeditious disposal of cases of V.T.Ps. detained in Jails.
Sir,
I am directed to say that the Government of Orissa in Home
Department Letter No. 60583, JLS, dated 3.12.1985 have decided that
for the purpose of expeditious disposal of the cases of under-trial
prisoners each Superintendent of the Jail or Sub-jail as the case may
be, should prepare and furnish to the concerned trial Court. Chief
Judicial Magistrate, Public Prosecutors, Assistant Public Prosecutor
and the Director of Public Prosecutor, a statement disclosing the list
of each 'of the under-trial prisoners interned in his jail. The date of
entry into the prison and the provision of the law under which he is
being detained, every month. It has further been decided that the
concerned Superintendent should also bring specific cases of
unnecessary detention of under-trial prisoners to the notice of the
concerned c.J .M., besides, bringing the fact of the notice of the
Director of Public Prosecution. Effective implementation to this
decision of the Government was under consideration of the Court and
they, after careful consider~tion of the matter, have been pleased to
direct that the following procedure shall be followed by each of the
Subordinate Criminal Courts while being supplied with such monthly
list of under-trial prisoners from the concerned jail authorities :
(A) The Magistrates shall scrutinise the list of under-trial
prisoners applied by the jail authorities in order to ensure that no
under-trial prisoner has been unduly detained beyond the maximum
period of sentence provided for the offence for commission of which
he is being detained and take prompt and suitable remedial measures
for release in case of any deviation noticed;
(b) The Magistrates shall submit a quarterly statement of under-
trial prisoners indicating the case number, nature of offence with
Sections of law, date of arrest and the reason for the delay in
disposal of the cases in respect of each of the under-trial prisoners
to the cgncerned CrT M. certifying that no under-trial prisoner has

been in jail for a period which is more than the maximum period of
sentence provided for the commission of the offence for which he is
implicated; and
(c) The C.J.M., after satisfying himself about correctness of the
statement submitted by the Magistrate shall submit a verified quarterly
report to the concerned Sessions Judge in regard to any under
detention suffered by any of the under-trial prisoners, interned within
his jurisdiction.
(d) The C.J.M., shall also scritinise the list of under-trial
prisoners submitted by the jail authorities and the Magistrates while
holding periodical inspection of the Court of the Magistrate with
reference to the case records and take prompt remedial measures on
noticing any undue detention.
(e) The C.J.M. shall take problem causing delay in disposal of
the cases of under-trial prisoners to the Police Magistracy co-operation
meeting with a view to securing expeditious disposal of the cases of
such under-trial prisoners.
The Sessions Judge shall submit a quarterly report to the Court
in respect of under-trial prisoners along with the report of the C.J.M.
which shall also be sent to the Court along with his comments,
separately, indicating therein the cases where the trial have not been
conclude even after one year detention of the concerned prisoner in
the prison.
I am, therefore to request that the above instructions may be
brought to the notice of the subordinate criminal Courts your control
for information and guidance and for strict compliance.
Yours faithfully,
S. K. BEHERA
No. 13617-IX-22/81
Dated Cuttack, the 7th December, 1981
From
Shri B. N. Misra, LL.B.
Registrar of High Court of Orissa
To
Subject : Registration of applications filed in the Court of Sessions
under Section 116 (7), Cr.P.C. arid against the orders
passed by Courts of Magistrates regarding disposal of
seized properties in pending and disposed of cases.

Sir,
I am directed to say that in course of inspection of the Court of
the District and Sessions Judge, Cuttack by Hon'ble Justice Shri
S. K. Ray (as he then was) in August 1977 doubts were entertained
as to how the following types of cases are to be registered.
(i) Applications filed in the Court of Sessions Judges against
orders passed by Subordinate Criminal Courts regarding disposal
of properties in pending cases.
(ii ) ‘Applications for orders for disposal of properties filed in
the Court of Sessions Judge in cases tried and disposed of by
Assistant Sessions Judge.
(iii) Application under Section 116 (7) of the Code of Criminal
Procedure.
1. The Court, after careful consideration, observe that in view
of the provisions laid down in the foot-note to Form No. R-25 at page
81 of the General Rules and Circular Orders (Criminal) Volume I the
applica tion under Section 116 (7) Cr.P.c. should be registered as
Miscellaneous cases.
2. As there is clear provision in Section 454, Cr.P.c. for filing
appeals against orders passed by the Courts of Magistrates regarding
disposal of seized properties at the conclusion of the trial, such
proceedings should be registered as Criminal Appeals on the filing
on a Memorandum of appeal.
3. All the applications filed before the Court of Sessions against

order of Magistrate with regard to disposal of seized properties in
pending cases, are to be registered Criminal Revisions in the Court of
Sessions. The maintainability or otherwise of the revision would
however depend on the nature of order passed by the Magistrates
which are sought to be revised.
I am, accordingly, to request that the aforesaid instructions of
the Court may be brought to the notice of all the Courts subordinate
to you for their information and guidance. .
Yours faithfully
B. N. MISRA
Registrar

Sir, No. 1133-XLIX-D-26/81

Dated Cut i ack, the 28th January, 1982
From
To
Subject : Swearing of Affidavits in Subordinate Courts
I am directed to refer the Court's Circular letter No. 5484

(21), dated 9.6.1974 and No. 7516, dated 26.6.1981 on the above
subject and to say that the question relating to swearing of Affidavits
in Courts where there are no posts of Sheristadars came up for
consideration of the Court.
The Court, are pleased to decide that the work of swearing
of Affidavits at stations where more than one Magistrate is functioning
should be entrusted to a [Junior Magistrate at the Station. In stations
where a Munsif-Magistrate is functioning with a Sheristadar attached
to his office, the work of swearing of Affidavits in matters relating
to all the Magisterial Courts at the stations should be entrusted to
that Sheristadar.
I am, therefore, to request that the above instructions of the
Court may be brought to the notice of all the Courts Subordinate to
you for their guidance and necessary steps for implementing the
decision may be taken.
Yours faithfully
B. N. MISRA
Registrar
No. 12S9-IX-2S/80
Dated Cu i t ack, the 3rd February 1982
From
The Registrar of the High Court of Orissa
To
The District and Sessions Judge,
Ca nja rn-Bo udh. Berhampur
Subject : Registration of applications filed in Sessions Court under
Sections 438 and 439 (1) of the Code of Criminal Procedure
as Miscellaneous Cases.

Sir,
With reference to your Letter No. 12490, dated the 11th/15th
December 1980 on the above subject, I am directed to say that the
question of registration of applications under Sections 437 and 438 of
the Code of Criminal Procedure in Sessions Court as Miscellaneous
Cases and their entry in Register of (R) 5 (Criminal) has been
considered after obtaining the views of all the District and Sessions
Judges of the State.
It has been observed that the Register of Miscellaneous Criminal
Cases (R) 25 is to be maintained only in the Courts of Sessions Judges
and Additional and Assistant Sessions Judges and there is no scope for
entering applications under Section 437 of the Cr.P.C. in that register,
as such application are filed before Magistrates. Therefore there is no
question of making any entries with regard to applications under
Section 437 in (R) 25 as such matters are dealt with by the Magistrates
in the original records of the case. Registration of a Miscellaneous
Case every time a bail application is filed in the Court of Magistrates
would be cumbersome and inconvenient besides serving no useful
purpose, .and therefore applications filed under Section 437 Cr.P.C. In
magistrate's Courts should not be registered as Miscellaneous Cases.
The Court have been pleased to decide therefore that
applications filed under Sections 438 and 439 (1) of the Code of
Criminal Procedure in Sessions Courts should be registered as
Miscellaneous Cases and be entered in the Register of Miscellaneous
Criminal Cases (R) 25 prescribed at page-81 of the General Rules and
Circular Orders (Criminal), Volume - II.
The above instructions may be strictly followed in future.
Yours faithfully
S.DAS
Registrar
No. 5631-XLIX-D-19/82
Dated the 17th May 1982
From
To
The District and Sessions Iudge
Subject : Expeditious disposal of Criminal Appeals preferred by
convicted person who are in jail.
Sir,
I am directed to say that it has been brought to the notice of
the Court that jail appeals and Criminal appeals in which the convicted
persons are in jail are not being disposed of expeditiously. Very often
it is noticed that by the time the Criminal Appeals or jail appeals are
disposed of the sentences awarded by the Trial Court are spent out. In
order to prevent such a situation the Court have been pleased to direct
that all Criminal appeals whether preferred from jail or otherwise, by
convicts who are in jail should be disposed of by giving them priority
over other cases.
I am, therefore, to request that the above instructions should be
strictly followed by all the Criminal and Sessions Courts under your
Sessions Division.
Yours faithfully
B. N. MISRA
Registrar
No. 7284-XLIX-D-27/82
Dated Cuttack the 13th/14th July 1982
From
To
The Director of Public Prosecutions, Orissa, Bhubaneswar.
Subject : Permission to sit in different Courts exercising Criminal
Jurisdiction including Court of Sessions to watch the
performance of the Counsel appearing for the State and
examination of the case records including the case diaries
to assess the performance of the Public Prosecutors and
Assistant Public Prosecutors.
Sir,
With reference to your semi-official Letter No. 29, dated the
8th May, 1982 on the above subject. I am directed to say that the
Court have been pleased to permit you to inspect in Court case
records including the case diaries, with the permission of the Court
concerned, in accordance with Rule 209, Chapter III at page 60 of
the General Rules and Circular Orders of the High Court of Judicature,
Orissa, Criminal, Volume - I, to enable you to properly evaluate
the work of the Public Prosecutors and Assistant Public Prosecutors.
Yours faithfully
B. N. MISRA
Registrar
No. 8100(25)-XLIX-D-31182
Dated Cui tack, the 29th/30th July, 1982
From
Shri B. N. Mishr a, LL.B.
To
The District and Sessions Iudge
Subject : Non-appearance of Assistant Public Prosecutors against
the State of Orissa.
I am directed to forward for your information and guidance and
for favour of communication to and guidance of the Criminal Court’s
subordinate to you, the accompanying copy of letter No. 11195 (13),
dated the 15th July, 1982 from the Legal Rememberancer, Law
Department, Bhubaneswar in the matter of prohibiting appearance of
Assistant Prosecutors against the State in Criminal cases.
Yours faithfully
B. N. MISRA
Registrar
LAW DEPARTMENT
No. 11195 (13) - L.L.R. 6/82-L
Dated, the 15th July 1982
From
D. Hota,
Legal Rememberancer
To
All District Magistrates
Subject : Non-appearance of Assistant Public Prosecutors against

the State of Orissa
Sir,
I am directed to say that Government after careful consideration
of the matter have decided to prohibit the Assistant Public Prosecutor
to appear against the State in any criminal matter in the Courts in
their respective jurisdiction.
They may kindly be instructed accordingly.
Yours faithfully
D.HOTA
Legal Remembrancer
No. 9660-XLIX-D-I0/81
Dated Cuti ack, the 23rd September, 1982
From
To
Subject : Non-payment of Batta witnesses.
Sir,
I am directed to say that it is noticed that the witness expenses
are not being paid to the witnesses in Criminal Courts as well as
Sessions Courts. As a result witnesses in Criminal Cases are being
put to considerable difficulties and that is one of the reasons for
non-appearance of the witnesses in Court. Very often the witnesses
are asked to leave their addresses for remitting the Batta amount
by Money-Order due to non-availability of funds with the Nazir.
This practice not only creates a lot of difficulty to the witnesses,
but also gives scope for corruption. The Court, after careful
considerations are of the view that the District and Sessions Judges
should ensure payment of Batta to the witnesses in the date of
their appearance in Court. It should be the responsibility of the
Presiding Officer to see that when witnesses from long distance
are summoned, steps are taken in advance to ensure payment of
Batta to them on the date of their commination. The Court, therefore,
direct that District Judges should take adequate steps to raise the
permanent advance at the disposal and get the Batta Bills encashed
sufficiently ahead of the date of trial of the case.
I am, therefore, to request that the above directions may be
brought to the notice of the Chief Judicial Magistrates and Judicial
Magistrates working under you for their information and guidance.
Yours faithfully
B. N. MISRA
Registrar.

Sir, No. 3680-XII-4/83

Dated Cut tack, the 18th April, 1983
From
To
Subject : Strict observance of the provisions contained in Section
361 of the Code of Criminal Procedure, Item No.2 of the
proceedings of the District Judges’ conference held in
December, 1982
Sir,
I am directed to say that Section 361 of the Code of Criminal
Procedure enjoins on the Courts to record in the judgments the
Special reasons if the Court does not deal with the offenders under
Section 360 Cr.P.c. or under the provisions of the Probation of
Offenders act or any other Law for the treatment, training or
rehabilitation of youthful offenders, It has been brought to the notice
of the Court that Magistrates have not been able to appreciate the
significance of Section 361 of the Code of Criminal Procedure as a
result some of them do not give any reason while some others give
meaningless reasons.
2. The desirability for strict adherence to the provisions of
Section 361 of the Code of Criminal Procedure was discussed at the
District Judges' Conference held on the 23rd and 24th December,
1982 under Item No.2 of the agenda. The Court, after fareful
consideration, are pleaded to concur with the decision taken at the
conference in the matter and direct that Judicial Magistrates should
record, in their judgments special reasons for their not having dealt
with the accused persons under Sections 3 and 4 of the Probation of
Offenders Act, 1958 (20 of 1958) as required under Section 361 of the
Code of Criminal Procedure in the light of the decision of the
Supreme Court reported in AIR 1979 Supreme Court 1964 (Bishnu
Deo Shaw v. State of West Bengal).
3. I am, accordingly, request that the above instructions may
be strictly followed in future by all the Subordinate Courts in your
Sessions Division.
Yours faithfully
B. N. MISRA
Registrar
No. 4143
Dated Cuitack, the 3rd May, 1983
From
To
Subject : Swearing of Affidavits in Subordinate Courts, Item No. 29

of the proceedings of the District Judges' Conference
held in December, 1982.
Sir,
I am directed to refer to Court's circular letter No. 1133, dated
the 28th January 1982 in which instructions were issued that the work
of swearing of affidavits at stations where more than one Magistrate
are functioning, should be entrusted to a Junior Magistrate at the
station. The proposal for modification of the existing instructions
referred to above was taken up for consideration at the District
Judge’s conference held on the 23rd and 24th December, 1982 under
item No. 29 of the agenda.
2. The Court, after careful consideration, are pleased to concur

with the decision taken at the conference in the matter and direct that
at stations where there are more than one Magistrate, the Sheristadar
if available at such stations would function more than one Magistrates,
the Sheristadar if available at such stations would function as the
Commissioner of Oaths. At the headquarters Stations the Head Clerk
attached to the Chief Judicial Magistrate shall also function as the
Commissioner of Oaths. In outlying stations, where there is one
Judicial Magistrate exercising only Criminal Powers, the Magistrate
himself should function as the Commissioner of Oaths.
3. I am, accordingly, to request that the above instructions may
be strictly followed in future by all the Subordinate Courts in your
Sessions Division.
Yours faithfully
B. N. MISRA
Registrar

No. 4506-XLIX-O-49/82
Dated Cut tack, the 7th May 1983
From
Shri B. N. Mishr a, LL.B.
Registrar of the. High Court of Orissa
To
Subject : Whether a Judicial Officer should be permitted to leave the
Court everyday during recess from 1.30 P.M. to 2.00 P.M.
To go home for taking lunch.
Sir,
I am directed to say t hat the question as to whether a Judicial
Officer should be permitted to leave the Court every day during recess
from 1.30 P.M. to 2.00 P.M. to go home for taking lunch came up for
consideration of the Court.
After careful consideration of the matter the Court are pleased
to observe that no Judicial Officer should be permitted to leave the
Court during recess from 1.30 P.M. to 2.00 P.M. to go home for taking
lunch.
I am, therefore, to request that the aforesaid instruction may be
brought to the notice of all Subordinate Judicial Officers under you
for strict guidance.
Yours faithfully
B. N. MISRA
Registrar
No. 5785-XLIX-O-7/78
Dated Cut tack, the 13th/14th May, 1983
From
Shri B. N. Mishra, LL.B.
To
Subject : Service of summons on police officers.
Sir,
I am directed to say that very often the Criminal Courts face
the difficulty in procuring the attendance of the Police Officers to
give evidence resulting delay in disposal of the cases pending in
their Courts. It is noticed that the Courts while issuing summons
to the police officers do not always give sufficient time for their
appearance to give evidence and in some cases their orders in this
regard are not being complied with promptly. Consequently, service
of summons cannot be effected with sufficient time ahead of the
date fixed as a result the police officers who mostly remain busy in
Law and order problems find it difficult to attend the Court to give
evidence.
The question as to how best the attendance of the Police officers
can be secured to give evidence in Criminal cases came up for
consideration of the Court. On a careful consideration of the matter
Court are pleased to direct that the Court's while issuing summons
the police officers requiring them to give evidence, should give
sufficient time and summons should be issued within three days
of the order.
I am accordingly to request that the aforesaid instructions may
be brought to the notice of all Criminal Courts subordinate to you for
Yours faithfully
B. N. MISRA
Registrar
No. 11481
Dated Cut tack, tile 27th October, 1983
From
Shri R. N. Panda, LL.B.
Registrar of the High Court of Orissa, Cuttack
To
Subject : Expeditious disposal of cases involving person getting Legal
Aid under the State Legal Aid and Advice Scheme, 1981.
Sir,
I am directed to say that it has been brought to the notice of the
Court by the Member-Secretary of the Orissa Legal Aid and Advice
Board that the parties getting Legal Aid are required to attend the
Courts in connection, with their cases on several dates as most of the
cases are being adjourned from t-ime to time for various reasons.
Under the Orissa State Legal Aid and Advice Scheme, the aided
persons are allowed travelling expenses for attending the Courts.
When the cases of such persons are adjourned, it causes drainage of
public exchequer besides causing delay in disposal of the cases.
The Court, therefore, have been pleased to direct that the
Presiding Officers of the Subordinate Civil and Criminal Courts
should give priority to the disposal of the cases in which

the parties have been given the benefit under the Legal aid Scheme.
However, such cases will have no preference over the criminal cases
involving under trial prisoners and civil cases, which have become
three years old.
I am to request that the aforesaid instructions may be brought
to the notice of all the Civil and Criminal Courts in your judgeship for
their information and strict guidance.
Yours faithfully
R. N. PANDA
Registrar
No. 69 - XLIX-D-61/83
Dated Cuttack, the 4th January, 1984
From
Shri R. N. Panda, M.A.,LL.B.
To
Subject : Making correction in the depositions of witness dictated by
the Presiding Officers while signing each page of such
deposition.
Sir,
that typed depositions of the witnesses are found to contain large
number of mistakes. Although Rule 84 at page 23 of General Rules
and Circular Orders (Criminal), Volume - I provides that each page of
the deposition typed to the dictation of the Presiding Officer must be
attested by his signature, some of the Judicial Officers are found not
correcting the depositions of the witnesses before putting their
signatures on each page of the same. It has also come to the notice of
the Court that the certified copies of the depositions and judgments
very often contain several spelling and grammatical mistakes and
omissions and at times it becomes difficult for the appellate and
revisional Courts to quote any part of the evidence or the judgment.
The Court, accordingly direct that the Presiding Officers should
correct the deposition of the witnesses dictated by them, while putting
their signatures in each page of such deposition. the Court further
observe that greater care should be taken by the officers-in-charge of
the Copying Department to see that certified copies of depositions
and judgments, are free from any mistake and omission.

I am to request that the aforesaid instructions may be brought

to the notice of all the Courts subordinate to you for their information
and future guidance.
Yours faithfully
R. N. PANDA
Registrar
No. 693 (25) - XLIX-D-34/81
Dated Cuiiack, the 16th January 1984
From
Shri R. N. Panda, M.A. LL.B.
To
Subject : Procedure to be followed in a case of sentence of fine when
the convict is either represented or absent on the date of
delivery of judgment.
Sir,
I am directed to say that in course of inspection of the Court
of Judicial Magistrate First Class, Balasore made by the District and
Sessions Judge, Balasore on 19.4.1980 a doubt was entertained by him
regarding the procedure to be followed for realisation of fine amount
in a case of sentence of fine when the convict is either represented or
absent on the date of delivery of Judgment,. All the Sessions Judges
of the State, were consulted in the matter.
The Court after careful consideration of the matter have been
pleased to observe that pronouncement of a Judgment of fine is
permissible under Sectioil353 (6) of the Code of Criminal Procedure
in absence of the accused. If a counsel represents the-accused and
is ready to pay the fine, the matter ends there. In other cases, the
Magistrate has to follow the procedure laid down in Section 421,
Cr.P.C for realisation of the fine amount. If there are no special reasons
he has to stop all actions for realisation of fine amount unless there is
an order for payment of compensation or expenses out of the fine
amount under Section 357, Cr.P.C Rule 132 at page 34 of the G.R.
and CO. (Criminal) Volume I has no application to such cases.
I am to request that the above instruction of the Court should
be followed in future.
Yours faithfully
R. N. PANDA
Registrar

No. 962 - XLIX-D-12/83

Dated Cuttack, the 23rd January, 1984
From
To
Subject : Issue of warrants and recall notices by the Courts to the
concerned Officer-in-charge of the Police Stations through
the Court Sub-Inspector.
Sir,
I am directed to say that the Court have had the occasion to
notice that the instructions given in the Court's Circular Letter
No. 2557 (9), dated 4.9.1977 are not strictly followed in all the
Judgeships. It has also been noticed that there is divergent practice in
different Judgeships in the matter of issue of order recalling the
warrants to the concerned Officer-in-charge of the Police-Station.
On a careful consideration of the matter, the Court direct that the

extract of the order recalling the warrants should be prepared in
duplicate by the concerned Courts, out of which one copy should be
made over to the Court Sub-Inspector for sending the same to the
concerned Police-Station after making necessary entry in the Register
of Process maintained by him and the duplicate copy should be sent
direct to the concerned Police-station.
The Court further reiterate their earlier instruction issued in the
aforesaid circular letter that all kinds of warrants should be made over
by the Courts to the Court Sub-Inspector whose duty shall to send the
same to the concerned Officer-in-charge of the Police Station and
submit the warrants received back from the Police-Stations, whether
executed or not, to the concerned Court.
I am, therefore, to request that the above instructions may be

brought to the notice of all the Courts subordinate to you for their
guidance and strict compliance.
Yours faithfully
R. N. PANDA
Registrar

Copy of the Letter No. 2557 (9), dated 4.4.1977 addressed to

the District and Sessions Judge (All) from Shri D. Hota, B. L.,
Registrar of the High Court of Orissa.
Subject : Despatch of warrants of all categories through the Court
Sub-Inspectors.
that the Judicial Magistrates of the State are not following the
provisions laid down in Rule 287 of the Police Manual which provides
that the warrants should be routed through the C.S.I. with the result
that in some cases it has been difficult to watch the movements of the
warrants. In view of the appointment of A.P.Ps. for the Courts of
Judicial Magistrates in the State the State Government may decide to
discontinue the system of post C.S.I's. The D.LG. of Police, C.LD,
and Railways and the Special Officer of the Court have undertaken a
sample survey of the Lalbag P.S. with regard to the heavy pendency of
warrant in the said P.S. on receipt of their joint inspection report the
Court would take a final decision whether warrants of all categories
should be routed through the C.S.I. Pending final decision in the
matter the Court direct that all the Judicial Magistrates of the State
should make over all categories of warrants issued by them through
the C.S.I. attached to their Courts. It would then be the duty of the
C.S.L to send the warrants to the concerned Police- Officer and on
return of the warrants whether executed or not he should make them
over to the Court concerned. In order to ensure that the movements of
the warrants are properly watched, the Judicial Magistrates should
maintain a Register in the following pro forma.
2. I am therefore, to request that the aforesaid instructions may
be brought to the notice of all the Court’s Subordinate to you for their
Yours faithfully
D. HOTA
Registrar
No. 1673
Dated Cuttack, the 10th February 1984
From
To
All the District and Sessions Judges of the State.

Subject : Disposal of properties seized in connection with the offences
under the provisions of Orissa Weights and Measures
(Enforcement) Act, 1958.
Sir,
I am directed to say that a doubt has been entertained regarding
disposal of properties seized in connection with the offences under the
provisions of the Orissa Weights and Measures (Enforcement) Act,
1958. The Court, after careful consideration of the matter have been
pleased to observe that in view of the specific provisions contained in
Weights and Measures (Enforcement) Rules, the Inspector concerned
is required to produce the properties in Court and after conclusion of
trial, he is to take possession of the properties and deal with them as
per the direction of the Court. Accordingly they direct that question of
making any further rules in the C.R. and C.O. (Criminal) does not arise
as this provision would embrance all situations.
I am therefore, to request that the aforesaid instructions may be
brought to the notice of the Subordinate Criminal Court's for strict
compliance in future.
Yours faithfully
R. N. PANDA
Registrar
No. 1679 (12)
From
To
Subject : Whether entries in the Register of Enquiry into cases triable
by the Court of Sessions (R) 42 should be made soon after
the Charge-sheet is filed or after orders for commitment are
passed.
Sir,
I am directed to say that a question have had under
consideration as to whether entries in the Register. of Enquiry into case
triable by the Court of Sessions (R) 42 should be made soon after the
charge-sheet is filed or after orders for commitment are passed. All the
District and Sessions Judges of the State were consulted in the
matters.
The Court after careful Consideration of The Matter Have Been
pleased to observe that the cases triable by the Court of session
should be entered in the register (R) 42 as soon as cognizance is
taken after receipt of the charge-sheet or complaint petition as the

case may be.
I am to request that the above instructions may be brought to
the notice of all the Courts subordinate to you for their guidance
Yours fai thfully
R. N. PANDA
Registrar
No. 1978 - XLIX-D-18/81
Dated Cuttack, 17th February, 1984
From
To
The District and Sessions Judges, Puri
Subject : Whether Railway dues i.e., Railway fare and excess charges
can be written off treating the same as fine.
Sir,
I am directed to refer to para 20 at pages 11-12 under the
caption “examination of pending Fine Misc., Case Records”of the
notes of inspection of the Court of the Special Railway Magistrate,
Khurda Road made by the Chief Judicial Magistrate, Puri on 15.1.1981
on the above subject and to say that a doubt has been entertained as to
whether the railway dues ordered to be recovered from the accused
under Section 112 of the Indian Railways Act in addition to the fine
imposed, can be treated as 'Fine' so as to enable the Magistrate to write
it off in the circumstances mentioned in Rule 145 of the C.R. & C.O.
(Criminal) Volume 1.
pleased to observe that the railway dues under Section 112 of the
Indian Railways Act are payable by virtue of orders passed by the
Court and the provisions of Section 431 of the Code of Criminal
Procedure, 1973 apply to such, cases. Such dues are recoverable as
fine and can be written off on the grounds mentioned in Rule 145
at page 39 of the C.R. &C.O. (Criminal) Volume 1.
I am therefore to request that the aforesaid instruction may be
brought to the notice of all till' Courts subordinate to you for their
Yours faithfully
Registrar, High Court of Orissa

No. 1983
From
To
Subject : Maintenance of the Register of the Attendance of witnesses
(R)-8 Criminal.
Sir,
I am directed to say that a doubt has been entertained whether
in the Register of Attendance of witnesses (R)-8 (Criminal) the serial
numbers are to be assigned quarterly or annually.
All the District and Sessions Judges were consulted in the
matter. Their reports reveal that in some of the Courts quarterly serial
numbers are being assigned to the entries (R)-8 (Criminal) while in
other Courts annual consecutive serial numbers are being given to the
entries.
pleased to observe that quarterly serial number should be assigned
to the entries in the Register of Attendance of witnesses (R)-8
(Criminal) as it would be convenient for compilation and submission
of returns.
am accordingly to request that the aforesaid instructions of the
Court be strictly followed in future by all the Criminal Courts.
Yours faithfully
R. N. PANDA
Registrar
No. 2560-IX 8/80
Dated Cuttack, the 5th March, 1984
From
To
Subject : Whether the periods of substantive sentence of imprisonment
and default sentences are to be clubbed together to be entered
in Col. 11 in the Register of Warrants of Imprisonment (R)-5.

I am directed to s ay that a doubt has been entertained as to

whether in Column 11 of the Register of Warrant of Imprisonment
(R)-S while noting the date of termination of sentence both the
substantive sentence and the sentence in default of payment of
fine should be clubbed or shown separately. All the District and
Sessions Judges of the State were consulted in the matter.
The Court after careful consideration of the views of the
Sessions Judges have been pleased to observe that where payment of
fine is not made by the date of commitment of the convict to jail to
serve out the sentence, the date of termination of substantive sentence
and sentence in default of payment of fine, should be shown separately
in Column 11 one below the other with a note in the remarks column
of the Register that the fine has not been paid by the date of
commitment.
I am, accordingly, to request that the aforesaid instructions of
the Court may be brought to the notice to all Courts subordinate to you
for their information and guidance.
Yours faithfully
K.C.MOHAPATRA
For Registrar
No. 2562-XLIX-D-45/82
From
Registrar, Orissa High court, Cuttack
To
Subject : Holding of the T.I.Parades and the recording Statements
of witnesses under Section 164, Cr.P.C.
Sir,
I am directed to invite your attention to Court's letter No. 4840,
dated 10.5.1978 in which instructions were issued to hold T.I.Parades
promptly whenever approached by the Investigating Officer. It has
come to the notice of the Court that inordinate delay is being caused in
holding T.I.Parades and the recording statements of witnesses under
Section 16 of the Code of Criminal Procedure by the Judicial
Magistrates and specially when the records are held up in a higher
Court. The Sessions Judges of the State were consulted in the matter.
On a careful consideration of the views of the Sessions Judges

the Court have been pleased to observe that in a case where the
higher Courts call for records a part file should be opened by keeping
therein the copies of the first and last order, FIR and seizure list
while sending the original record to the higher Court so that there
may not be any difficulty in holding T.!. Parade and recording the
statements of witnesses under Section 164 of the Code of Criminal
Procedure and confession of the accused, even if the original record
has not been received back from the higher Court.
I am to request that the above instructions should be followed
scrupulously in future.
Yours faithfully
S / d.
For Registrar
No. 3447-XXXI-l/77
From
To
Subject : Furnishing a certificate in the bail petition filed under
Section 439 of the Code of Criminal Procedure, 1973.
Sir,
that in a particular case a bail petition under Section 439, Cr.P.C. Was
filed on behalf of the accused before the Court of Sessions at the
headquarters station which was rejected by the said Court but on the
very same day the same accused filed another petition for bail before
the local Assistant Sessions Judge on the self-same grounds and
obtained the order of bail resulting in conflicting. orders. A question
was raised as to how such a situation can be avoided. All the Sessions
Judges of the State were consulted in the matter.
The Court after careful consideration of the views expressed,

have been pleased to observe that in law there is no ban in entertaining
second application for bail. Second application for bail has however
to indicate the subsequent developments, changes circumstances or
exceptional sitJ,lation, if any, entitling the accused to bail.

In the circumstances the Court direct that a petition for bail

under Section 439 of the Code of Criminal Procedure, 1973 must
contain a certificate showing whether an earlier application for
bail had been filed or not in the Court having jurisdiction, to entertain
such application. In case any earlier application had been filed,
the later petition must specify the particulars of the earlier application
and state the circumstances in which the subsequent application
I am to request that the above instructions may be brought to
the notice of all Criminal Courts subordinate to you for their
Yours faithfully
R. N. PANDA.
Registrar
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GENERAL RULES AND

1. Substituted by C.S. No.S-IX-1S/79, dt.19. 7.1980.

3. Court not to sit on holidays - Without the consent of parties

1. Substituted by C.S. No. 3, IX-1/95, dt. 31. 10. 1995.

8. Regular seal - The regular seal of the Court shall be placed

14. Petitions and affidavits how to be drawn up - All petitions

17. Service of copy of petitions - In contested cases, no petition

1. Inserted by C.S. No.1-XLlXD-9/74, dt. 23.12.1977.

THE HIGH COURT OF ORISSA

THE HIGH COURT OF ORISSA

32. Persons authorised to issue summons - Summons issued to

36. Non-bailable warrant - The date of execution to be stated

1. Substituted by C.S. No. 1S-IX-1 0/82, dt. 9.6.1982.

THE HIGH COURT OF ORISSA

State Legislature for examination of any officer of the Secretariat as a

(iii) The provisions contained in the above sub-rules will apply

THE HIGH COURT OF ORISSA

68. Strength of process-servers to be determined in every five years -

Summons and Notices Processes other than

1. Substituted by C.S. No. 33, IX-1/95, dt. 31.1 0.1995.

Note - (4) Each day on which a peon is occupied in keeping custody of

47. Determination of the Strength of Process Serving establishment -

Cuttack ..... 900

THE HIGH COURT OF ORISSA

48. Final orders in proceeding s under Sections 145 and 147,

49. (i) Time for reflection to confessing accused - The recording

THE HIGH COURT OF ORISSA

record the confessions inasmuch detail as possible with a view to

(V) Warning to the confessing accused - The Magistrate should

THE HIGH COURT OF ORISSA

50. Procedure to be followed by the Magistrate .committing an

(a) The report of the Police Officer of the complaint.

1. Substituted by C.S. No.13, XLIXD-23-82, Dt. 9.6.1982.

THE HIGH COURT OF ORISSA

When the case is committed to the Court of Session, the Committing

52. 1[The Committing Magistrate while committing the accused to

(3) For statistical purposes, sessions cases should be treated as brought

54. Abstract of charge - Column 4 of (R) 23 is meant to contain

THE HIGH COURT OF ORISSA

of charge on which he has been convicted must be indicated by red

60. Arrangement of Sessions business in Circuits - As far as

Instances of fixation of circuits for anyone of the above purposes should

1. Inserted by C.S.No. 85, XLlX-D-8/98, dt. 31.12.1998.

THE HIGH COURT OF ORISSA

(b) If an appellant in a Criminal Appeal pending before the Sessions

(7) A Court of Session or a Criminal Court shall not, so long as a

(i) Resignation - Any person in the panel may tender his

THE HIGH COURT OF ORISSA

(iv) Removal from Panel - If any counsel after accepting any

1. Substituted by C.S.No. 63 - XLiX-O-4/89, Ot. 18.9.1992.

THE HIGH COURT OF ORISSA

THE HIGH COURT OF ORISSA

71. Witnesses to give evidence from the witness box - No

1[72. A. Whenever an accused is released on bail he need not

73. Holding of Mobile Courts - The Judicial Magistrates who

1. Inserted by C.S. No. 39-XLlX-D-47-84, dt.25.8.1984.

74. Mobile Court Magistrate should dissociate from Police

75. Manner of noting the Mobile Court cases in the Register -

76. ReaIisation of fines in Mobile Courts - Realisation of fines