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Report No. 154

Proceedings of the Workshop on Amendments to Cr. P.C. held on 19-12-1995 At 10 A.M. in the Committee Room, Vidhansoudha, Bangalore

A workshop on the Code of Criminal Procedure was held on 19-12-1995 at 10.00 A.M. in the Committee Room, Vidhansoudha, Bangalore.

The following were present:

1. Hon'ble Mr. Justice Jayachandra Reddy.

2. Mr. D. Basavaraji - Law Secretary, I/C.

3. Mr. N.A. Muthanna - Prl. Home Secretary.

4. Mr. B.N.P. Albuquerque - Secretary-II, Finance Dept.

5. Mr. A. S. Malurkar - Director-General of Police.

6. Mr. S.C. Bharman - Addl. D.G.P. (Law & Order).

7. Mr. C. Dinakar - D.G.P. (COD).

8. Jayasingh Peter - Member, State Law Commission.

9. Mr. Ananda Rao - Member, State Law Commission.

10. Mr. S.B. Chanal - Addl. Law Secretary.

11. Mr. Robinson D'souza - Addl. Law Secretary.

12. Mr. Javaraiah - Director, Translation Dept.

13. Mr. D. Shankar Reddy - Former Director of Prosecutions.

14. Mr. M.R. Devappa - Joint Director of Prosecutions (rep. Director of Prosecutions).

15. Mr. Vasantha Rao Kulkarni - Jt. Director of Prosecutions.

16. Mr. K.V. Vasudava Murthy - Secy., Kar. Legal Aid Board.

17. Mr. K.N. Subha Reddy - President, Advocates Assn.

18. Mr. Bennur - Assitt. Secretary, Kar. Legal Aid Board.

19. Mr. K. Prabhakar - Law Officer, Agriculture Dept. (President, Prosecutors' Association).

20. Mr. Narsimhan - Deputy Secretary, Law Department.

21. Mr. V.C. Hatti - Dy. Secretary, Law Deptt.

22. Mr. Moossakunni Nair Moole - Dy. Secretary, Law Deptt.

23. Mr. G.T. Veerabhadrappa - Dy. Secretary, Law Deptt.

24. Mr. A.B. Patil - State Public Prosecutor.

25. Dr. S. Srinivasan - Addl. D.G.P. (Technical Service & Crimes).

26. Mr. Murari Mouni - Dy. Secretary, Law Deptt.

27. Mr. Venkatasudharshan - Under Secy., Law Department.

28. Mr. M. Ramesh Rao - Under Secy., Law Department.

29. Mr. Vedamurthy - Under Secy., Law Department.

1. Sri D. Basavaraj, Law Secretary, I/C, who was the Co-chairman, welcomed the participants and introduced the Hon'ble Chairman and briefly mentioned the amendments to Cr. P.C. suggested by the Law Commission.

2. The Hon'ble Chairman, Law Commission gave an overall picture of the amendments suggested by the Law Commission, their urgent necessity in the present circumstances and invited the participants to express their views.

3. Sri K.N. Subba Reddy, President Bar Association

Expressed that the investigating agency should be separated from the Law & Order agency. A separate and exclusive agency should be there for handling the criminal cases, that the IOs do not attend trial cases and witnesses do not come forward to give evidence. He agreed with the proposal of the Law Commission with regard to sections 161 and 162 Cr. P. C.

4. Sri M. R. Devappa, Joint Director of Prosecutions

Represented on behalf of Director of Prosecutions, Bangalore who is on official tour presented a report which is appended to these proceedings.

5. Sri Vasantha Rao Kulkarni, Joint Director of Prosecutions

Suggested that a notice should be issued to the Public Prosecutors while considering application under sections 437 and 438, Cr. P.C.

6. Sri Ananda Rao, Member, State Law Commission, Tamil Nadu

Read a report expressing his views on the matter. A copy of the report is appended to these proceedings.

7. Sri Shankar Reddy, Former Director of Prosecutions

Suggested that section 313, Cr. P.C. need to be retained as it is, and said that the Courts must put to the accused only those material aspects appearing in the evidence against him,. He also said that section 313(2), Cr. P.C. is not made use of by the courts.

Regarding 161 & 162, Cr. P.C. he felt that, it is necessary to appoint Spl. Magistrates. He also emphasised training to Magistrates on every aspect including writing of judgments.

He also discussed regarding sections 24 and 25, Cr. P.C. He felt that the present system in Karnataka under the Law Department supervision is working satisfactorily and that the Police Officers have adjusted to this system. The change of party in power should not result in change of prosecutors. There was also a discussion regarding preferring of appeals and the authority to take final decision. It was suggested 'that the power of taking final decision should be vested with the Director of Prosecutions and his views should be final.

8. Sri K.V. Vasudeva Murthy, Secretary, Karnataka Legal Aid Board

Chairman, Law Commission called his views about entrustment of cases to Nyaya Panchayat instead of Lok Adalat.

Sri Vasudeva Murthy said that the present system of Lok Adalat in Karnataka is working satisfactorily with the assistance of Retired Judges as conciliators and senior advocates and he expressed his reservation about Nyaya Panchayat effectively delivering justice if local and political persons are made members of Panchayats.

Sri K.V. Vasudeva Murthy suggested that instead of summoning a Doctor in every case as a witness after his transfer to a distant place he may be examined on interrogatories.

9. Sri Huthanna, Principal Home Secretary

Referred to the present perception of the public in delivery of Criminal Justice system and the judiciary is failing. He left of the increase in litigants resulting in increasing cases. He also advocated to provide necessary infrastructure to Police Department. Elementary support to the department is being denied. He requested to impress upon the Union Government as well as State Government to sanction adequate funds to judiciary when crores of rupees are being sanctioned to the development activities. He suggested inclusion of expenditure on Courts and Criminal Justice as a priority aspect in the budget. He also said that the number of courts should be increased commensurate with the developmental activities.

10. Sri Malurkar, Director-General of Police

He expressed that section 161 may not require any amendments. He felt that there are not enough Magistrate in the Courts resulting in increase of number of cases.

About the co-operation and co-ordination between the Police and Prosecution Department, he said that, in each district, a monthly meeting of the Superintendent of Police and other Police Officers and the Asstt. Director of Prosecutions is being held and they discuss and review the cases pending trial in the Courts. He left that, it is difficult to secure the witnesses before the Court and if the Courts adjourn the case without examining the witnesses, it will be further difficult for them to attend again.

They have to be given Batta. He said that the witnesses have to be briefed before their examination. He welcomed Nyaya Panchayats and constitution of Special Magistrates. He felt that the responsibility of paying Batta to witnesses may be entrusted to Investigating Officer, so that it would be convenient for them to get the witnesses.

11. Sri Dinakar, C.O.D

Referred to the arrest of persons whose names are mentioned in F.I.R., though the Cr. P.C. says that, their arrest is not a must, it is being wrongly presumed. He felt that by doing this, even innocent persons are arrested. He said that arrest of women accused is normally made during day time and sent to remand homes managed by ladies.

He discussed regarding handcuffing of the accused. Chairman, Law Commission said that ordinarily handcuffing should not be done. It is purely depending upon the accused and the nature of the offence the accused committed is to be taken into consideration. He expressed his feeling that the very purpose of Anticipatory Bail is being misused and it is difficult to recover the property involved in the offence.

12. Sri S. C. Bharman

He said that the present rate of conviction is much lower compared to earlier system existing in 1973 and the prosecution is not only to blame. He said that getting the charge sheets scrutinised by prosecutors will delay the matter.

Sri. Shankar Reddy interfered and said that, during his tenure as Director of Prosecutions he had issued circulars and a register is maintained in every Prosecutor's Office showing details of as to when the charge sheet is received, when it is filed, signature of the person who received the charge sheet etc.

13. Additional State Public Prosecutor Sri A. B. Patil

That all the Magistrates should be given proper training in writing judgments that too Executive Magistrates.. They are ignorant about law. There are also so many repetition in the judgment and due to this appellate Courts timings will be unnecessarily wasted.

The Code of Criminal Procedure, 1973 Back

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