How to Organise Court Work • Court is a place where Justice is administered. • Take your seat in the court-room for judicial work punctually at the right time. • Maintain utmost dignity while presiding over a court. You may commit contempt of your court by your own misbehaviour or abrasive conduct. • Exercise personal supervision and effective control over the work of Bench Clerk. Fix dates of hearings personally. • Peruse case records and pleadings before commencement of trial. • Lawyers are officers of the Court, but they are not subordinate to Court. • Orders should be speaking. They should reveal application of your mind.
How to Organise Court Work • Deliver order/judgement in open court as soon as possible after arguments of both sides are concluded. If you can not do so, fix a date for delivery of order and inform lawyers and parties by announcement in the court and also through Cause List. • If the judicial process fails the people’s sense of Justice, violence fills the vacuum and the streets, not the Courts, settle the disputes. (Justice Krishna Iyer)
Code of Criminal Procedure 1973[Not applicable to :Nagaland, Tribal areas of Assam included before 21-1-1972 and J&K.] Chapter – VIII Bible of Magistrates
Who is Executive Magistrate? • Anybody appointed by State Govt. u/s 20(1). • 20(1) : District Magistrate. • 20(2): Addl. District Magistrate. • 20(4): Sub-Divisional Magistrate. • 21 : Special Executive Magistrate. Jurisdiction of Executive Magistrate extends throughout the District unless restricted.
Salient Feature 106: Judicial Magistrate. 107-110: Any Executive Magistrate. 107-110: In all cases on receiving Information. 107-108: To form opinion upon Information. 109 : When there is reason to believe. 107-109: Not exceeding one year. 110 : Not exceeding 3 years. 107-108: Within and beyond local jurisdiction. 109-110: Only within local jurisdiction. 107 : Imprisonment if any shall be simple. 108-110: Imprisonment if any may be either simple or rigorous. 107-109: With or without surity. 110 : Only with surity.
Executive Magistrates are Criminal Courts (Sec. 6) • Take evidence, record deposition …… • Don’t use pre-drafted Order, • Use the word ‘this Court’ in stead of ‘I’, • Check vakalatnama before allowing a lawyer to appear, • Maintain environment and uphold dignity of Court.
Slaney 1955, 2SCR 1140: A 1956 SC 116: 1956 SCJ 182. Sirajudin, A 1968 M 117. If the accused has full and fair opportunity of defending himself, “mere mistake in procedure, mere inconsequential errors and omissions in the trial are regarded as venial by the Code and the trial is not vitiated unless the accused can show substantial prejudice…….” Judgments
Abdul Rahman, 31 CWN 271: A 1927 PC 44: 54 1A 96 Failure to comply with mandatory provisions of a Section unaccompanied by a failure of justice is not enough to vitiate the proceedings…. Judgments contd….
Limitations • Executive Magistrate is not authorised to take cognizance. • Executive Magistrate can not direct investigation of a cognizable offence. • No Amin, Pleader or Commissioner can be deputed for enquiry. ADM or SDM may depute subordinate Magistrate. • DM or SDM in whose court proceeding is pending, can not hold enquiry himself u/s. 148 CrPC.
Sec. 107(1):Show Cause for execution of Bond[Show-cause Notice should satisfy the requirements of Sec. 111] • Information must show strong probability of breach of peace & not a bare possibility. • Magistrate is not bound to disclose source of information. • Past conduct can be basis for proceedings. • A person is also liable to be dealt with if he does a wrongful act in consequence of which others are likely to cause a breach of peace.
Section - 111 • Information • Amount of Bond • Term of Bond • Number, Character, and Class of Surities (if reqd.)
Section - 112 • When the person proceeded against is present in the Court, Order is to be read over to him, or if he so desires, the substance shall be explained to him
Section - 116 • Inquiry to find out truth of information, • Direction to execute Bond with or without surities, Detention in custody until the Bond is executed (if proceeded u/s 108/109/110), • Inquiry to be completed within 6 months, • S.309 is applicable in the proceeding u/s. 116.
Section - 113 • When the person is not present in the Court, the Magistrate shall issue summons requiring him to appear, • When there is reason to fear the commission of a breach of peace which can not be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant of his arrest.
Show cause to execute Bond Sec. 108: (I) Dissemination of a) any matter publication of which is punishable u/s 124A or 153A or 153B or 295A IPC, b) criminal intimidation or defamation under IPC, II) obscene matter as referred to in s. 292 IPC Sec. 109: Attempting to conceal presence to commit a cognizable offence, Sec. 110: Security for good behaviour from habitual offenders Sec. 118: When not proved the person if in custody shall be released and if not in custody shall be discharged.
Person arrested by Police u/s 151 for proceedings u/s. 107 can be sent to jail u/s. 167 only when bail/ security for appearance on next date is not furnished. • Arrested person produced before EM for remand: Detention of accused should not exceed 7 days in aggregate.