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Report No. 154

44. Other Measures

44.1. We are of the view that there should be a periodical review of the strength of the courts to: effectively deal with arrears pending, in the courts and accordingly it is of the view that a new section 23A should be incorporated under the Code of Criminal Procedure which shall provide that the State Government may after consultation with the High Court review the strength of courts once in two years for setting up a new/additional court depending upon the pendency of the cases therein in order to meet the situation leading to delay in disposal of cases and to activate disposal of cases and timely action in the matter.

44.2. There is a general complaint that there is undue delay in the serving of summons or execution of warrants issued by the court which in turn results in the delay of the trial. Likewise, service is not made at the correct residential address which again results in delay. At present the service system is completely in the hands of the police in criminal cases who take their own time as they are otherwise employed. It is a common experience that more than 25% cases are adjourned due to non-appearance of the accused. It is, therefore, highly desirable that a separate process serving agency directly under the control of the courts is established so that these delays can be avoided.

44.3. Lack of police personnel to escort the accused to the court is yet another cause for the delay, non-production of the accused by the police due to lack of police personnel is causing delay in a number of cases. Therefore, a special machinery has to be provided with proper vehicles for producing the accused before the court on each date in time.

The Code of Criminal Procedure, 1973 Back

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