Report No. 154
B. Speedy Trial - Amendment Suggested
Procedure in Sessions cases
1. (a) Is the procedure under sections 208-209 of the Code of Criminal Procedure, 1973, in regard to sessions cases, an improvement over the pre-1973 position from the point of view of ensuring a speedy and fair trial of the accused? If not, please comment with reasons.
(b) If, in your view, the procedure in the Code of 1973 in regard to sessions cases is not an improvement,
(i) Should the pre-1973 position be restored, by adopting section 207A of the Code of 1898 as inserted in 1955 and by making suitable modifications in various sections of the Code 3 of 1973; or
(ii) Should the pre-1955 position be restored, by adopting sections 207 et seq of the Code of 1898 as they stood before 1955; or
(iii) Is it, in your opinion, yet too early to judge the effect of the change made by the Code of 1973?
2. Section 18
It is noticed that a large number of offences which figure in the first class magistrate's courts are not of a serious nature, although they are cognizable. Cannot such cases be transferred to the courts of special magistrates who have been invested with the powers of a second class magistrate? What special administrative or legal arrangements would be required if a list of cases is prepared to be tried by such magistrates?
Do you suggest incorporation of new section 23A providing that the State Government may after consultation with the High Court should 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 the activate disposal of cases and timely action in the matter?
4. Compounding of Offence at any stage of investigation and insertion of new sub-section 3A in section 173
Do you agree that the following new sub-section (3A) be added to section 173 to (i) enable the police to take note of the desire of the parties to compound offences compoundable under section 320 at any stage of investigation even at the stage of investigation. (ii) to help quicker disposal of cases of compoundable category and to reduce the work load of the police?
5. Section 231
Do you agree that the prosecution and Investigating Agency as the case may be required to produce all evidence in support of the prosecution within a specific period of framing of the charge against the accused under section 231, Cr. P.C. for expeditious disposal of the case?
Do you agree with the suggestion that under section 238 read with section 207, the Court shall be required to satisfy himself that he has complied with the provisions of section 207, Cr. P.C. within a period of one month of taking cognizance of offence, which provision may curtail the delay caused due to non-compliance of section 207 for a long period?
Witnesses who attend court are not paid appropriate monetary allowances and when paid, it is limited only to the day on which they are examined, although they might be called on a large number of occasions, dislocating their daily work. Should they not be compensated or paid daily allowance for all the days they are forced to attend court so that their presence can be secured in a better manner?
8. Appointment of honorary/speciaj Magistrates
Whether immediate appointment of Honorary/Special Magistrate are necessary for trying certain offences for expeditious disposal of cases and if so, what are the classes of offences they can try?