SC issues rules for day-to-day criminal trials

The order was passed by a bench of justices JB Pardiwala and KV Viswanathan, which rued the practice followed by trial courts that takes months, sometimes years to examine witnesses in criminal trials, violating the law as provided under section 309 of the Code of Criminal Procedure (now Section 346 of the BNSS 2023) which requires every trial or enquiry to be concluded expeditiously and witnesses to be examined on a day-to-day basis.

“The practice of conducting trials on a day-to-day basis, more particularly in important or sensitive cases, as was the tradition about 30 years ago has been given a complete go-by. We sincerely believe that it is high time that the courts revert to that practice,” the court said in its order passed on September 22.

For reverting to the old practice, the bench further directed, “It is necessary to understand the current social, political and administrative scenario including the way the police are functioning. All the high courts need to constitute a committee to discuss this issue very seriously for the benefit of their respective district judiciaries.”