Criminal Trial – Conduct of - Practice guidelines to be followed by trial courts in the conduct of a criminal trial, as far as possible.(2018)2 SCeJ 1579

i. a detailed case-­calendar must be prepared at the commencement of the trial after framing of charges;

 

 

ii. the case­-calendar must specify the dates on which the examination­-in-­chief and cross­-examination (if required) of witnesses is to be conducted;

 

iii. the case­-calendar must keep in view the proposed order of production of witnesses by par-ties, expected time required for examination of witnesses, availability of witnesses at the relevant time, and convenience of both the prosecution as well as the defence, as far as possible;

 

iv. testimony of witnesses deposing on the same subject-­matter must be proximately scheduled;

 

v. the request for deferral under Section 231(2) of the Cr.P.C. must be preferably made before the preparation of the case­calendar;

 

vi. the grant for request of deferral must be premised on sufficient reasons justifying the de-ferral of cross-­examination of each witness, or set of witnesses;

 

vii. while granting a request for deferral of cross-­examination of any witness, the trial courts must specify a proximate date for the cross­-examination of that witness, after the examination-­i-n­chief of such witness(es) as has been prayed for;

 

viii. the case­-calendar, prepared in accordance with the above guidelines, must be followed strictly, unless departure from the same becomes absolutely necessary;

 

ix. in cases where trial courts have granted a request for deferral, necessary steps must be taken to safeguard witnesses from being subjected to undue influence, harassment or intimidation.            

 

(2018)2 SCeJ 1579