PUCAR // 24x7 ON Courts

Model Rules for 24x7 ON Courts.

A court that is open around the clock, digital by default and built around the people who use it needs rules written for it. These draft Criminal Rules of Practice are a model that any State’s High Court could adopt to run a 24x7 ON Court, made under Article 227 of the Constitution and Section 523 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Existing rules of practice were written for the existing court system, and in places they hold back what a digital court can do for litigants. These rules start from the ON Court instead. For now they cover cheque dishonour cases, the case type the ON Courts hear today, but they are written so a High Court can extend them to other criminal cases over time.

The draft is open for public inputs. It is not law anywhere yet: the State, the High Court and every Annexure number are left blank on purpose, so a State can adopt it as its own. Read what it changes, then the rules themselves, and tell us what you think.

Share your inputs Read the rules

What changes

21 changes for the people who use the court.

What the rules do differently from the courts we have today, and why.

Optimization of judicial time for aspects that need judicial application of mind

Judge time and bandwidth is a scarce resource. It must be spent on judicial functions. The new rules provide for a division of responsibilities - the judge is enabled to perform the actions that require judicial application of mind; whereas the court more broadly, including the court staff or the digital platform that powers the court, is enabled to perform ministerial and administrative responsibilities such as rescheduling of cases. Further, it is clarified that just because an action requires judicial application of mind, the judge is not prevented from using the digital platform for such actions, as long as the Magistrate is controlling the results.

The Court can use its Digital Platform as an agent to perform administrative functions

Aside from delegating certain non-judicial responsibilities to the court officers, the Court is also empowered to use technology to aid it in ministerial and rule-based aspects like scrutiny, listing, etc. The new rules prescribe that after the judges set up and transparently publish the standard rules for escalation of summons, rules for file scrutiny, and for scheduling of cases, the execution of these rules is a ministerial function that the court can oversee over periodic intervals. The Court can also use these systems to guide about the information that they must provide at the time of filing or responding to a case.

A case can be progressed asynchronously without a hearing

Today, a hearing is required to progress the case. A hearing requires synchronous availability and presence of the judge, parties, and their lawyers. Considerable time is spent in coordinating this schedule. However, many aspects of a case can be progressed without a hearing. They do not require synchronous presence, or even the presence of all these three court users. The new rules enable the court to take actions like reissuing summons, or rescheduling a case to a next date, etc., as soon as the need arises without the requirement of a hearing, and without necessitating synchronous presence of all these three users.

Additional certified true copies of documents like orders & judgments are not required

Before, when copies of documents were made physically on paper, you would require the court to physically stamp these documents to certify that the photocopies were accurate versions of the original. In a digitally-native court, the original version of the orders, judgments, and other information can be made available on the court system/ website, for the users to download. Additional methods of verification, like stamping by the court as true copies, would not be required for the court to consider these documents valid. This also means that parties need not pay additional copying or other fees for this purpose.

Provision of clear and structured communication to the users for clarity and transparency

For example, the new rules provide for summons to give clear guidance to parties, including information on the nature of the complaint, required documents, next steps, and timelines. Similarly, the rules provide guidance on aspects that an order must include, in order to provide clarity to the parties about next steps.

Multi-channel delivery of processes

Processes can be delivered both on physical and electronic addresses, increasing the likelihood of delivery and appearance of the accused.

Additional applications for aspects that are a matter of right, like bail in a bailable offence, are not required

Bail terms in offences like cheque dishonour cases are fairly standard, unless the case concerns special circumstances. In such cases, the judge needn’t wait for the accused to appear before the court to set bail terms, and can do so at the stage of summons itself. In this manner, within the first hearing, the accused can fulfil the bail terms or, in case of any special circumstances, request the court to modify the bail terms. In conclusion, the rules empower the judge to act on their own, without requiring the parties to initiate additional processes, thereby saving time and effort for all involved.

Additional applications for aspects like refund of bail amount, etc., are not required

Today, parties need to file an application for aspects like refund of bail amount. This is because the court operates in siloes - its various departments like accounts and courtroom do not exchange real time information with each other. In a digitally integrated, single-window court system, information can move seamlessly across internal departments, eliminating the need for formal applications to initiate processes that are purely administrative and internal to the court.

Additional attestation on documents like vakalatnama or affidavit is not needed

Today, such attestation plays the role of verifying the identity of the signatory. The Digital Platform permits such identity verification at the time of creation of the user account itself, removing the need for any additional attestation or document witnesses.

Multiple signatures on different documents submitted together not needed

Today, parties and advocates sign the complaint, affidavit, and vakalatnama separately. In a digital world, since these documents are submitted at one go, parties can affix a single sign on these documents to authenticate them. A separate signature for each of them does not add value.

The Court can sit beyond court hours at the request of the parties

In case the parties have to miss work to attend court, the rules allow them to request that their hearing be scheduled outside court hours.

Promote expeditious disposal of cases

The judge is empowered to decide as many aspects of the case as possible in a single hearing. For instance, the judge can grant bail, record the plea, and prepare a trial schedule on the same day. Similarly, the parties, their lawyers, and the judge can align on a trial schedule at the beginning of the case itself.

Same case number for the case from start to end, and interim applications do not take a separate case number

Earlier, giving interim applications distinct numbers may have assisted courts in identifying and listing them separately from the main matter. However, in a digital court system, such differentiation can be effectively managed through case metadata, making separate case numbering unnecessary. Multiple case numbers for aspects of the same matter make it difficult for the litigants and other users to track their cases. In addition, it may also lead to data inaccuracies, as one case can be recorded and counted more than once.

The court provides a minimum set of services to its users including a help desk, and a feedback system

This ensures that court users don’t feel lost in court processes and have support. This also enables the court to continuously improve itself on the basis of feedback from users.

Proactive updates from the court

Wherever possible, the court must provide proactive updates on case status, actions that the parties need to take, and fees that need to be paid, to the users.

Enable an ecosystem of actors

Rather than focus on developing all the solutions itself, the Court curates the right environment and infrastructure for solutions to emerge rapidly from the ecosystem to create a multiplier effect for change. For example, in a phased manner, the Court can enable third-party providers to integrate web-based or chat-based filing interfaces with the court filing system. Such an approach allows the judiciary to optimize its time and resources towards core judicial activities and minimise its efforts towards administrative and technology efforts, such as improving solution interfaces with users.

Transparency, and accountability using open data

The data collected in the system, as far as possible, is available on a public dashboard. This data is periodically reviewed by the Chief Judicial Magistrate, the Principal District Judge, and the High Court, to track the progress of cases, and improve the system.

Maintenance of records digitally, without the need to maintain multiple registers with overlapping data

Traditionally, courts relied on separate registers for fines, witnesses, and other administrative aspects, because physical record-keeping was the only means of ensuring accountability and institutional tracking. Much of the information recorded in these registers duplicates data already contained in the case file. In a digital system, such data can be automatically captured from electronic case records, organised in structured formats, and made accessible to relevant stakeholders through integrated dashboards, thereby reducing redundancy and improving accuracy.

Eliminate process fees

Today, process fees are charged every time the judge decides to issue or reissue the process. As per data, 30% cases at summons stages stay pending because of non-payment of this process fees. These rules do away with any additional process fees that the court charges for the issuance of processes. It also enables the court to charge any delivery fee that may be required for the processes at the time of filing itself, reducing the need to pay such delivery fees at multiple stages.

Eliminate court payments using physical stamps

Before, physical stamps were invented as a practical and secure way to verify and record payments to governments and institutions. Today, when users can make payments online, with a non-repudiable online record of transfer, the need to purchase, affix, and cancel physical stamps adds friction to the court process and is unnecessary.

Eliminate Roll Call

Today, courts in a day hear both (a) substantive aspects like evidence that required a hearing, and (b) other aspects like reissuance of summons that may not necessarily require a hearing. In addition, many cases would get adjourned. Therefore, the court would do a roll call in the morning to close the cases that are going to get adjourned and hear the cases that do not have a substantive aspect. After closing a majority of the cases like this, the court would take up hearings with substantive aspects at the end. In a people-centric court, where adjournments are not the norm, and the court can take up non-substantive matters like the reissuance of summons asynchronously, a roll call serves no purpose.

How it was drafted

9 principles behind every rule.

Every rule in the draft is held to these tests.

Freedom

Rules should be minimal. The benefit of any rule must clearly outweigh the cost of compliance.

Proportionality

Rules must be proportionate to their objective. Rules must refrain from using high-pressure incentives or disincentives.

Safety

Freedom ends where harm begins. Rules exist to protect people and communities from preventable harm. Unintended consequences of the Rules must be pre-empted to the extent possible. There should be clear rules about the exercise of power to prevent misuse.

Empowerment

Rules should increase people’s capacity to act, not diminish it. They should open doors, widen choices, and strengthen individuals and communities to shape their own futures. The Rules must empower citizens to act on their own where they want, without necessarily requiring intermediation. Rules should trust the citizens, and not start from a place of mistrust.

Resilience

Empowerment comes from adaptability. Rules should allow for multiple pathways, diverse solutions, and creative responses to change. Rules must also enable role-optionality, and, where possible, allow roles to be performed by those other than the judge or the court. Rules must be principle-based (as against detailed rule-based), enabling flexibility to the Judge to apply the principle in various scenarios.

Access

Everyone should be able to participate and benefit.

Predictability

Rules must enable clarity and a degree of predictability to users about the court process. Where clarity is possible ahead of time, it must be given, discretion must be reserved for aspects where it is necessary.

Viability

Systems must endure over time. Rules should be simple, sustainable, and cost-effective, ensuring people can actually work with them. Rules should work at scale.

Evolution

No system of rules is perfect. To remain empowering, rules must evolve.

Rules must be technology-agnostic, not tied to a specific or existing technology.

Systems should proactively emit transparent, analysable data, allowing citizens and policymakers to refine and improve them over time.

Evolution is best encouraged by creating space for experimentation, where new approaches can be tested safely, and lessons from both successes and failures can feed back into the system.

The draft

Criminal Rules of Practice for 24x7 ON Courts, [State Name], 2025

The High Court of [State Name] has made these rules in exercise of its powers under Article 227 of the Constitution of India, Section 523 of the Bharatiya Nagarik Suraksha Sanhita 2023, and all other powers conferred upon it, with the previous approval of the Governor of [State Name].

About this text. This is the draft as circulated for public inputs, with its suggested edits shown. The numbering is the document’s own: rules run from 1 to 150 straight through the four Parts, and the blanks a State fills in when it adopts the rules, like [State Name] and Annexure [__], are kept as blanks.

Read the source document

Part 1

Preliminary

Short Title and CommencementRules 1–2
  1. 1.

    These rules may be called the Criminal Rules of Practice for 24x7 ON Courts, [State], 2025.

  2. 2.

    These rules will come into force on the date specified by the High Court via a notification in the Gazette.

ApplicabilityRules 3–4
  1. 3.

    These rules apply to the Designated Courts as notified by the High Court.

  2. 4.

    In aspects where these rules are silent, the existing rules including the following continue to apply:

    1. a.

      [The Criminal Rules of Practice;

    2. b.

      Electronic Video Linkage Rules for Courts;

    3. c.

      Electronic Filing Rules for Courts; and

    4. d.

      Electronic Processes (Issuance, Service and Execution) Rules].

ObjectiveRule 5
  1. 5.

    The objective of these rules is to enable fair, efficient, predictable, accessible, and transparent management of cases.

DefinitionsRule 6
  1. 6.

    In these rules, unless the context otherwise requires,

    1. a.

      “Adhiniyam” means the Bharatiya Sakshya Adhiniyam, 2023 (Central Act 47 of 2023);

    2. b.

      “Affidavit” is a sworn statement of a statement of facts supported by evidence, signed by the person making it.

    3. c.

      "Court" includes the magistrate, and the court staff;

    4. d.

      “Designated Collection Court Staff” means the court staff designated by the Chief Judicial Magistrate to act as the collection agent for physical evidence on behalf of the Designated Court at a court complex that does not have a physical Designated Court.

    5. e.

      “Designated Court” means Courts or classes of Courts as notified by the High Court to which these rules apply, including the 24x7 ON Courts.

    6. f.

      "Digital Platform" means the digital platform that powers the Designated Court, and enables various Participants to interact and coordinate towards the resolution of disputes, and includes the court website;

    7. g.

      “Disclosed communication address” means a communication address, whether electronic or physical, that the person uses in the ordinary course to send and receive communication, and is shown to be admitted or provided or used by such person;

    8. h.

      “Document” has the same meaning as under Section 2(1)(d) of the Adhiniyam. In addition,

      A Natively Digital Document (Born Digital) is a document that is originally created, generated, and stored in a digital format, without any paper-based or physical precursor. Provided that a certified copy issued in digital form under any rules or procedure shall also be deemed to be a natively digital (born digital) document.

      A Physical Document is a document that originally exists in a tangible, non-digital form, such as paper, parchment, or any other physical medium.

      A Digitally Converted Copy is a digital version of a physical document that has been subsequently converted into a digital format, either in whole or in part, through scanning, imaging, or any other method of digital reproduction.

    9. i.

      "Government" means the Government of [Name of State];

    10. j.

      "High Court" means the High Court of [Name of State];

    11. k.

      “Participant” refers to anyone involved in any way with the case, including the judge, court staff, parties, advocates, witnesses, and sureties;

    12. l.

      “Sign” or “Signature” includes both physical and digital/ electronic signatures;

    13. m.

      "Sanhita" means the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023);

    14. n.

      “Vakalatnama” is a document or a part of a document, that authorizes the advocate(s) to represent a party(s) and includes the details of the authorized advocate(s) of the party, including the name of the advocate and their Bar Council registration number, and the terms on which they have been authorized, in the format prescribed by the High Court from time to time.

    15. o.

      “Verifiable credentials” enable one to verify the authenticity of a document or other communication as validly issued by the issuer;

    16. p.

      Any other words and expressions used in these rules shall have the same meaning as assigned to them in the Sanhita or the Adhiniyam.

Part 2

Case stages

Filing a caseRules 7–20
  1. 7.

    The complainant shall file a complaint on the Digital Platform to initiate a case. The complainant can file a complaint themselves (as a party in person) or authorize an advocate for this purpose.

  2. 8.

    A complaint shall be filed in writing via the Digital Platform.

  3. 9.

    A complaint shall state clearly:

    1. a.

      the offence being complained of, and the relevant provisions of law prescribing the offence;

    2. b.

      the relevant provisions of law that enable the complainant to file the complaint;

    3. c.

      how the offence being complained of has been made out;

    4. d.

      relief sought, including any interim relief.

  4. 10.

    In case the complaint is being filed beyond the prescribed limitation period, the complaint must state the reasons why the delay must be condoned. No separate application is needed for this purpose.

  5. 11.

    The complainant must affirm that no other case is pending before any other court for the same cause of action as the complaint. In case any other complaint for the same offence is pending between the same parties, the complainant must share the details of such a complaint.

  6. 12.

    A complaint must include the documents in support of the complaint that are in the complainant’s possession or power. Where any such document is not in the possession or power of the complainant, wherever possible, the complainant must state in whose possession or power it is. The documents must be entered in a list on the Digital Platform. Please refer to Annexure (__) for documents required for specific case types.

  7. 13.

    A document which should have been included in the complaint but is not included shall not, without the leave of the Court, be received in evidence on their behalf. This does not apply to documents produced for cross-examining witnesses, or handed over to any witness to merely refresh their memory.

  8. 14.

    A complaint must state:

    1. a.

      all contact details of the accused that the complainant can find using reasonable effort, including the mobile phone number, email address, postal address, as well as any other available communication channel. This must include any contact details through which the complainant has communicated with the accused in the past, including for the demand notice.

      1. i.

        The complainant must indicate whether the contact detail being shared is a Disclosed Communication Address. The Court may at any time during the case request the complainant to submit proof to this effect.

      2. ii.

        If the complainant is unable to share the electronic contact details of the accused, they must file an affidavit confirming that they do not have any electronic contact details of the accused, and cannot find them with reasonable effort.

    2. b.

      whether the complainant has any authorized representative, including any power of attorney, and share their details in accordance with Rules [__] below.

  9. 15.

    A complaint must include:

    1. a.

      a vakalatnama (where the complainant has an advocate) and if not state that the complainant is a party in person, and

    2. b.

      an affidavit confirming the contents of the complaint.

  10. 16.

    A complaint must be signed by the complainant and their advocate (if any). The various sections that are a part of the complaint, including the affidavit and vakalatnama, do not need separate signatures.

  11. 17.

    In case there are any defects in the complaint, i.e. where the complaint has not been filed in accordance with these rules, the Court will communicate these defects to the complainant within three working days from the filing of the complaint. The Court must communicate all defects at once, unless new defects arise post resubmission of the complaint by the complainant. The complainant must correct any defects within three working days of receiving communication from the Court about the defects.

  12. 18.

    Annexure (__) contains a checklist for the Court to assess defects in the complaint.

  13. 19.

    Where the complainant disagrees with the Court about any defects in the complaint, or requests a waiver from correction of the defects, the Magistrate may make a decision for this purpose.

  14. 20.

    The Court will register the case before it, within one day of submission of the complaint on the Digital Platform in accordance with these Rules, and completion of all necessary payments as per the applicable law.

Initiating criminal proceedings against the accusedRules 21–23
  1. 21.

    A Magistrate will consider all registered cases for cognizance, within three working days of the registration of the case. The Magistrate need not issue a notice to the accused under Section 223 of the Sanhita before taking cognizance.

  2. 22.

    At the time of taking cognizance, the Magistrate must also indicate the provisional terms and conditions of the bail while considering the facts and circumstances of the case. Upon the request of the accused or otherwise where necessary, the Magistrate may modify these terms and conditions at a later point in time taking into account the facts and circumstances of each case.

  3. 23.

    Where the case has been filed beyond the prescribed limitation period, before taking cognizance, the Magistrate must decide whether the delay must be condoned after giving an opportunity to the accused to respond to the request for condonation of delay.

Securing the appearance of the accusedRules 24–25
  1. 24.

    If the Magistrate decides to take cognizance of the complaint, the Court will issue a summons to the accused. A summons need not be issued if the accused has already registered and accessed the case details on the Digital Platform or has otherwise appeared before the Court in person or virtually.

  2. 25.

    Within fourteen days of the receipt of information about the complaint via notice or summons, or any other method, the accused must:

    1. a.

      confirm or share their contact details, including the mobile phone number, postal address, email address, and other communication channels, for the purposes of communication by the Court, and update such details where required,

    2. b.

      file a vakalatnama (where the accused has an advocate) and if not state that the accused is defending the case as a party in person,

    3. c.

      whether the accused has any authorized representative, including any power of attorney, and share their details in accordance with Rules [__] below.

Granting bail and pleaRules 26–30
  1. 26.

    Within thirty days of the receipt of information about the complaint via notice or summons, or any other method, the accused must share with the court the relevant information to comply with the bail terms, to the satisfaction of the Magistrate. The accused need not file a separate bail application for this purpose.

  2. 27.

    In the alternative, the accused may request the court to modify the terms and conditions of bail, or request for additional time to comply with the bail terms. The Court may decide this request on the basis of the facts and circumstances of the case.

  3. 28.

    Where the accused is in custody, the Court will communicate the bail order directing release of the accused to the prison authorities.

  4. 29.

    Once the accused appears either physically or through video-linkage, the Magistrate must record the plea of the accused under Section 274 of the Sanhita. The questions that the judge may ask at this stage for specific case types are listed in Annexure (__).

  5. 30.

    In case the accused pleads not guilty, the accused must admit or deny the documents shared by the complainant in accordance with section 330 of the Sanhita, and share any preliminary objections to the complaint.

Alternative methods of resolutionRules 31–34
  1. 31.

    The parties may choose to settle the case outside the court at any stage of the case.

  2. 32.

    After the appearance of the parties, the court must inquire whether the parties prefer to settle the case.

  3. 33.

    In case the parties prefer to settle the case, the Court may refer the case to the appropriate alternative dispute resolution method, like Lok Adalat, mediation, etc.

  4. 34.

    The parties must strive to settle their dispute within sixty days of making the choice to settle. If the parties are unable to settle the dispute within sixty days from the date of initiation or if any of the parties reports to the court that they are opting out of the settlement process, the Court can proceed with the case.

TrialRules 35–38
  1. 35.

    If the parties have not opted to settle or the settlement process has failed, within a period of seven days, the Court shall schedule the trial of the case after consulting the parties and their counsel, and in accordance with Section 346 of the Sanhita (case management hearing). The parties must come prepared to the case management hearing for this purpose, and must make efforts to align between themselves before the hearing.

  2. 36.

    The trial must be so scheduled to avoid the need for parties to be present (physically or virtually) on multiple days, as far as possible. The Court may limit the duration of any stage of the trial.

  3. 37.

    An indicative trial schedule is as follows:

    Actions to be takenWhether it takes place during a hearing?Timeline
    Complainant shall submit the original Physical Documents, where a Digitally Converted Copy has been submitted at the time of Complaint filing
    Complainant shall submit a list of witnesses if he prefers to examine any witness
    Day 1
    3 days from parties deciding to opt out of settlement process or failure of settlement process
    Accused shall admit or deny documents submitted by the Complainant
    Court shall issue summons to relevant Complainant witnesseses
    By Day 3
    Complainant shall submit examination-in-chief affidavits for relevant witnessesBy Day 10
    Accused shall conduct cross-examination of Complainant WitnessesBy Day 15
    Court shall examine the accused under Section 351 of the Sanhita
    Accused shall submit the original Physical Documents or Natively Digital documents for their case
    Accused shall submit a list of witnesses if he prefers to examine any witness
    By Day 20
    Complainant shall admit or deny documents submitted by the Accused
    Court shall issue summons to relevant Accused witnesseses
    By Day 23
    Accused shall submit examination-in-chief affidavits for relevant witnessesBy Day 30
    Complainant shall conduct cross-examination of Accused WitnessesBy Day 35
    Parties must submit any written or oral arguments
    Complainant’s arguments
    Accused’s arguments
    Any rejoinders
    By Day 40
    Court shall pronounce judgment, including on sentencingBy Day 42
  4. 38.

    The Court will endeavor to complete the trial within a period of sixty days from the day it starts.

Orders & JudgmentRules 39–42
  1. 39.

    All orders and judgments will be published on the Digital Platform on the same day.

  2. 40.

    An order for a hearing will contain information on:

    1. a.

      Parties present for the hearing,

    2. b.

      A summary or verbatim transcription of any oral submissions or requests made,

    3. c.

      Progress on the case in the hearing, including on the agenda for which the hearing was scheduled,

    4. d.

      Reasons for issuing the order, including an order rescheduling the case or reissuing the summons,

    5. e.

      Agenda for the next hearing,

    6. f.

      Actions that need to be taken by the Participants, by when, and by whom, as well as any consequences of non-compliance with the order,

    7. g.

      Parties who must be present for the next hearing if different from the ones mentioned in Annexure (__), as well as,

    8. h.

      next date of hearing. The next date could be a specific date or a date that is not specific, but otherwise clear, for example, where it is defined relative to a specific event. The Court can also decide the dates for multiple hearings at once.

  3. 41.

    A judgment must be issued in accordance with Section 393 of the Sanhita and any other law.

    1. a.

      It must be comprehensible to a person who does not have access to the complaint or other case documents,

    2. b.

      It must contain a list of important milestones (timelines), as well as a list of evidence considered and witnesses examined.

  4. 42.

    All orders and judgments, published with verifiable credentials, will be considered authentic, without the need for an additional certified copy, for all purposes including the filing of appeal or revision.

Part 3

Case Progress and Management

Submission of DocumentsRules 43–65
  1. 43.

    If the parties have not opted to settle or the settlement process has failed, the complainant shall furnish a final list of documents and witnesses, if any, within a period of seven days.

  2. 44.

    Where the parties do not have the relevant documents in their custody, they may share the list of such documents with the court, and identify the person who has it (where known), and whether they want the court to summon the documents or the concerned person or take any other action in this respect.

  3. 45.

    Where the documents to be submitted before the Court are natively digital, they must be submitted directly to the Court via the Digital Platform. The documents submitted in this manner must be marked as Natively Digital on the Digital Platform.

  4. 46.

    Where documents do not exist in a natively digital form, a Digitally Converted Copy must be submitted via the Digital Platform.

  5. 47.

    Where a Digitally Converted Copy has been submitted, before the trial begins, the original Physical Document must also be submitted at the Designated Court or to the Designated Collection Court Staff at another court complex. Where submitted at another court complex, the Court must make arrangements to securely transport the documents to the Designated Court.

    1. a.

      Before taking receipt, all physical documents must be verified and matched against the corresponding Digitally Converted Copy on the Digital Platform.

    2. b.

      Where it is not possible to produce the original Physical Document, the reasons must be communicated to the Court, and the Court shall finally decide on the basis of evidence law and other applicable laws.

      The Court will track the complete chain of custody for all physical documents submitted by parties on the Digital Platform.

  6. 48.

    The documents uploaded shall be complete and readable. When the document is not legible, a typed copy of the document duly certified by the respective party/Advocate or party-in-person, as the case may be, has to be uploaded.

    1. a.

      When a particular portion or paragraph of the document uploaded is not legible or readable, the respective party/Advocate or the party-in-person, as the case may be, has to upload a typed copy of that portion or paragraph and shall give an undertaking that a typed copy of that document shall be produced as and when directed by the Court.

    2. b.

      When a particular portion or paragraph of the document uploaded is not legible or readable and the respective party/Advocate or party-in-person, as the case may be, is not in a position to provide a typed copy of the same, since it is not readable, and the said portion or paragraph of the document is not required for the adjudication of the lis, the Advocate or party-in-person, as the case may be, shall give an undertaking that the said portion or paragraph of the document which is not legible or readable is not required for the adjudication of the lis and will not be relied upon.

  7. 49.

    The opposite party must admit or deny the genuineness of the documents submitted by a party within five working days of such submission in accordance with Section 330 of the Sanhita. Where the opposite party denies the genuineness of a document, they must state the reasons for doing so.

  8. 50.

    Where any documents are filed before the Court, the particulars of every such document must be included in a list, including the name of the document, the date on the document, and the points the party seeks to prove using the document.

  9. 51.

    Where the parties want to present oral evidence before the court, they must share a list of witnesses with the court, and for each witness, state:

    1. a.

      the reason why the witness testimony is relevant to the case,

    2. b.

      whether the party can produce the witness, or the court would need to issue summons,

    3. c.

      the mode by which the witness is to be examined - in-person or virtually. In case the witness needs to be examined in-person, state reasons why an in-person examination is needed.

  10. 52.

    The Magistrate may decline to call a witness for reasons in accordance with law, for example, where the witness is not relevant to decide the case as per the law on evidence.

  11. 53.

    In case a witness is not mentioned in the list submitted by a party at the first instance, the concerned party must seek leave of the court to introduce the witness at a later stage.

  12. 54.

    The examination-in-chief of each witness must be on an affidavit or other acceptable means.

  13. 55.

    Where the party cross-examining requests, or when the Magistrate otherwise deems fit, the witness can be cross-examined in writing or by appointing a local commissioner for this purpose.

  14. 56.

    Where the cross-examination of the witness is oral, it must be transcribed and signed by the witness and the Magistrate immediately. As far as possible, the cross-examination must be transcribed in the language in which it is shared by the witness. Separately, the judge or an interpreter can translate it simultaneously into English. Any objections raised during the examination must also be recorded by the Court.

  15. 57.

    Witness expenses may be paid to the witness at the discretion of the court. The court must decide who should pay the expenses, to whom, and by when including whether the expenses must be paid in advance. The Court itself, or the High Court may make practice directions in order to standardize the amount and process for the payment of these expenses.

  16. 58.

    Any expenses ordered by the Court must be paid directly to the concerned witness. Where possible, the Court may consider online appearance of the witness for this purpose.

  17. 59.

    While ordering witness expenses, the court must have regard to:

    1. a.

      whether the physical presence of the witness was essential;

    2. b.

      whether appearance could reasonably have been secured through video conferencing or other digital means;

    3. c.

      the interests of justice; and

    4. d.

      the financial circumstances of the witness.

  18. 60.

    Where ordered, witness expenses must be reasonable, may include travel, stay and sustenance for the days spent travelling; and shall not exceed the rates admissible to a Class III government employee under applicable service rules. As far as possible, expenses for travel must be for public transport, unless the witness is by reasons of sickness, old age, physical disability, or other sufficient cause, unable to travel by public transport.

  19. 61.

    Where the services of any expert witnesses are being availed for the purposes of the case, the expert witnesses may be paid their service fees in addition to the witness expenses.

  20. 62.

    Where a prisoner released from prison does not have sufficient means, the Court may also order a reasonable travelling allowance to such person to enable them to return to their place of residence.

  21. 63.

    A witness must take an oath or affirmation before being examined, in accordance with the Oaths Act 1969 (Central Act 44 of 1969).

  22. 64.

    The same witness must not be called to the Court more than once for the same case, unless necessary.

  23. 65.

    The evidence must be recorded in accordance with Chapter XXV of the Sanhita.

Processes to compel appearanceRules 66–70
  1. 66.

    In order to secure their expeditious appearance, the Court can utilise all available communication channels for issuance of processes to the Participants. These include mobile phone number, email address, postal address, as well as any other available communication channel.

  2. 67.

    All processes issued by the Court, including notices, summons, or warrants, must include the name of the Court and the name and designation of the person signing the process. Where relevant, the notice and summons shall include the relevant details for the Participants, including:

    1. a.

      the process to register and access the complaint and other case details on the Digital Platform,

    2. b.

      the terms and conditions of bail,

    3. c.

      alternative modes of resolution available, and the method to compound the offence,

    4. d.

      information about accessing legal aid,

    5. e.

      the next steps, including the next date of hearing.

  3. 68.

    The following is an inclusive list of the various channels of communication for notices or summons available to the Court, and what may be considered as service for each:

    Channel of SummonsService of Summons
    Physical channel
    (Via India Post, courier, or other methods)
    An acknowledgement of receipt is signed by the addressee.
    The addressee refuses to accept the notice or summons.
    Delivery at the Disclosed Communication Address fails because no one is available at the address, and so the notice or summons is marked as unclaimed, and the addressee subsequently fails to collect it after an intimation to this effect has been made.
    The delivery agent records a photo or video recording of the addressee being served the summons.
    Electronic channel
    (Via SMS, Email, or any other mode of electronic communication)
    The delivery was made to the disclosed communication address of the addressee, and no delivery failure or similar error notification is received.
    Acknowledgement of the communication by the addressee, whether automated or otherwise, or any conduct of the addressee that is sufficient to indicate that the electronic communication has been received.
    Unless proved otherwise, the communication will be deemed to be delivered at the time the electronic communication would ordinarily have been delivered.
    Service in person by any ParticipantUndertaking by the relevant Participant on the Digital Platform that they have served the Court-issued notice or summons to the addressee.
    Service by police officer or an officer of the court/ public servant notified under Section 64 of the BNSSCommunication by the concerned officer that the notice or summons has been served

    The service will be considered complete once it is served through one of the mechanisms used. The court may treat a document as served if the addressee responds to it even if it was not served in accordance with the rules in this Part.

  4. 69.

    The processes other than warrants, may be signed by the Chief Ministerial Officer.

  5. 70.

    Any steps that the Participants need to take to facilitate the issuance of processes must be taken by the Participants within three days of the relevant order.

Long Pending CasesRules 71–76
  1. 71.

    If the steps under Chapter VI (Processes to Compel Appearance) of the Sanhita have been taken and Section 335 of the Sanhita (where relevant) has been complied with, and the accused has failed to appear before the Court or the accused has appeared but subsequently failed to continue to appear, and where the Magistrate is of the opinion that there is no possibility of securing the presence of the accused within a reasonable period of time despite taking all the necessary steps under the law, the Magistrate may mark the case as a Long Pending Case, and assign a separate case number to such a case.

  2. 72.

    If an accused person found to be of unsound mind is released under sub-section (1) of Section 369 of the Sanhita or is detained in safe custody under sub-section (2) of Section 369 of the Sanhita, the Magistrate may also mark the case as a Long Pending Case.

  3. 73.

    Where there are several accused persons in a case, and some of the accused have appeared before the Court, and the Court is satisfied that securing the presence of the remaining accused is not possible within a reasonable time, the Court may assign a separate case number to the case against the accused who are yet to appear, and may mark their case as a Long Pending Case. The case against the accused who have appeared may be continued to secure their right to a speedy trial.

  4. 74.

    If subsequently the accused person is apprehended or appears or ceases to be of unsound mind, as the case may be, the case against them should be unmarked as a Long Pending Case, and the case proceedings will be resumed.

  5. 75.

    A Long Pending Case will not take up judicial time until the case is ready to proceed further. The Magistrate must review such cases every 3 months for this purpose. The parties may also inform the Court of any change in status in this respect.

  6. 76.

    These cases will reflect in pending cases, however, they will be marked separately as Long Pending Cases.

ApplicationsRules 77–81
  1. 77.

    Participants may make any requests to the Court by filing an application on the Digital Platform, stating any provisions of law under which it has been made.

  2. 78.

    Unless specifically requested otherwise by a party submitting the application, the Court will share all applications filed before it with the opposing party via the Digital Platform.

  3. 79.

    Within five working days of the filing of application, the Court may either decide the application, or where the application requires a response from the opposite party, the Court may request the opposite party to submit a written response within three working days. Where a written response will not suffice, an oral response during a hearing may be required. Unless the Court requires a further response from any of the parties, the Court must decide the case within five working days of receiving a response.

    1. a.

      Provided that where the application requires a synchronous decision, the application may be considered on the next hearing date.

  4. 80.

    Applications that do not require a response from the opposite party include any application for bail, application for withdrawal of the case, application for recall of warrant, etc.

  5. 81.

    Multiple requests may be made to the court through one application, and the Court may separately reject, accept, or take action on each of these requests.

Progressing the caseRules 82–94
  1. 82.

    The Magistrate may progress the case, decide any application, or otherwise proceed with the case:

    1. a.

      Via a hearing, that is synchronous in nature, whether in-person or virtual, or

    2. b.

      Via any other action, without a hearing, including asynchronous communication, written, video-recorded, or otherwise, using the Digital Platform.

      Asynchronous communication or actions include communication or actions where the magistrate, lawyers, parties or other participants are not present at the same time, and perform the required actions at their own time and pace.

      Collectively, these are referred to as proceedings.

  2. 83.

    The Court needs to call for a hearing only where it is necessary to hear the relevant Participants synchronously in order to progress the case, and asynchronous actions will not be sufficient.

  3. 84.

    Where it is not necessary to hear the relevant Participants synchronously, and the case can be progressed by way of other asynchronous actions, the Court may progress the case using such other actions. Hearings will not ordinarily be necessary for the following aspects:

    1. a.

      registration of a complaint,

    2. b.

      taking cognizance of a complaint,

    3. c.

      assessing compliance with bail conditions, including furnishing sureties, communication about the status of mediation,

    4. d.

      issuance of all processes, such as notices, summons, and warrants, and sharing information with the parties about the actions they need to take for this purpose (a hearing may be scheduled where the accused opposes issuance of warrants),

    5. e.

      making any changes in the timelines, including dates for any hearings, submissions, etc.,

    6. f.

      deciding any uncontested applications, including applications to withdraw the complaint, etc.

  4. 85.

    A hearing in the Court may take place in person or virtually via video conferencing, or any other feasible communication tools, and may be attended from anywhere. Annexure (__) states the guidelines applicable for virtual hearings. Participants have a right to appear virtually in a case, unless otherwise specifically directed by the Court.

  5. 86.

    Where the Magistrate decides to hold a hearing, the Magistrate will refer to Annexure (__) for the parties who may typically be required to be present for hearings for different purposes. It is clarified that the fact that a hearing is mentioned in the Annexure does not mean that the Magistrate will necessarily hold a hearing for that purpose.

  6. 87.

    The Magistrate shall not, however, take any action in the absence of an affected party unless that party has had notice and a reasonable opportunity to state their case, in writing or orally.

  7. 88.

    The Magistrate shall ordinarily conduct hearings in the order in which the cases are listed in the cause list. The Magistrate may hear a case out of order on the request of a party, as long as all the parties who have joined the case are represented before the Court.

  8. 89.

    To ensure transparency, the Court must publish the logic it is using to identify the cases that must be listed on a particular date, and their order in the causelist, on the court website. The Court must follow the following guidelines for this purpose.

    1. a.

      First hear cases where parties or witnesses or other members of the general public are waiting in the court;

    2. b.

      Only list as many cases as it is reasonably possible to hear, so that cases don’t get adjourned to another date due to paucity of time with the Court.

  9. 90.

    The Court may, as far as possible, give the parties a time slot when their matter is likely to come up before the Court on the day of their hearing.

  10. 91.

    At each hearing, the Magistrate shall progress the case to the full extent possible. As many aspects of the case as can be completed shall be completed during the same hearing. For example, on the appearance of the accused their bail application as well as the recording of a plea must be done during the same hearing.

  11. 92.

    Whenever authorities are to be cited, the list of all authorities to be cited shall be shared with the opposite party or their advocates at least two days before the date of the hearing, as far as possible.

  12. 93.

    Usually, there should not be an interval of more than fourteen days between two hearings of a case.

  13. 94.

    Two days before the hearing, the Court shall review the case to assess whether it is ready for the hearing, including whether any relevant notices or summons have been delivered in time, all actions, including submission of documents that needed to be taken before the hearing, have been taken, etc.

    If the case is not ready for a hearing, the Court may take appropriate action, including imposition of costs, rescheduling of the hearing, as well as taking appropriate steps to ensure delivery of processes.

Timelines & SchedulingRules 95–103
  1. 95.

    These Rules set out the timelines for different proceedings required to progress the case. The Court may vary these timelines explicitly or state additional timelines for proceedings not specified in these Rules.

  2. 96.

    On the date of closure of evidence in a trial, the parties must share with the Court the time they require for making oral arguments. The Court shall decide on this time duration after considering the submissions of both parties and the facts and circumstances of each case. The Court may also decide that no oral arguments are needed in a case, and written submissions suffice.

  3. 97.

    To seek an extension of timelines, a party must promptly make an application to the court, stating the reasons for seeking an extension. Efforts should be made to ensure that the proposed date does not disturb the schedule and the requirement to complete the trial within 60 days under Chapter [__] of these Rules.

  4. 98.

    The Court may grant an extension of time only in exceptional circumstances in accordance with Section 346 of the Sanhita, and after stating the reasons for the same.

  5. 99.

    While granting an extension, the Court shall ensure that any extension is for as short a period as possible.

  6. 100.

    A hearing will not usually be adjourned because of the absence of a party whose presence was not mandated in the order for the hearing.

  7. 101.

    The Court can impose costs for seeking additional time or for defaulting on a timeline. The costs shall be imposed on the specific Participant responsible for the delay. The Court may decide to whom the costs should be paid, including the opposite party, and by when it shall be paid. Aggravating factors for imposing costs include seeking repeated extensions of time, repeated non-compliance with timelines, seeking extensions very close to the deadline, non-compliance without prior notice, etc. Some mitigating factors include usual compliance with timelines, adequate advance notice to the opposite party and the court, no adverse impact on the timelines for trial of the case, no inconvenience caused to any stakeholders in the case, including parties, witnesses, court, etc.

  8. 102.

    The costs may include such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in respect of the expenses incurred by him in attending the Court on that date. The payment of such costs within the prescribed time would be a condition precedent to the further prosecution of

    1. a.

      The complaint by the complainant, where the complainant has been ordered to pay such costs,

    2. b.

      The defence by the accused, where the accused has been ordered to pay such costs.

      Where separate defences have been raised by the defendant or groups of defendants, payment of such costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the Court to pay such costs.

  9. 103.

    The Court shall notify the Participants concerned about the non-sitting dates of the Magistrate at the earliest opportunity, through its website. The cases listed on non-sitting dates shall be rescheduled immediately after giving such notification.

Order to payRules 104–116
  1. 104.

    Where the Court orders costs, fine, compensation or any other payment, the Court must also state by whom, to whom, by when, and in what manner such payment must be made and apportioned (including by way of installments).

  2. 105.

    Any payments to the Court may be made digitally, or offline to the person authorized by the Court.

  3. 106.

    The recipient of any payments must officially acknowledge the receipt of payment, and Court records must be updated accordingly.

  4. 107.

    All fines recovered shall immediately be remitted to the Treasury as per the relevant provisions of the relevant financial code, unless otherwise specified by the Court or any law.

  5. 108.

    In case an order for payment has been reversed or amended in appeal, any payments made under such order must be accordingly refunded or adjusted.

  6. 109.

    A Court realising payments under an order issued by another Court, may realise the payments in the same manner as a payment ordered by the realizing court itself, and upon recovery, the realising Court must inform the Court which passed the order.

  7. 110.

    Where the Court orders to make a payment to a Participant, the payment must be made directly to the Participant’s bank account where:

    1. a.

      the sentence and award are not subject to appeal or have been confirmed on appeal and no order has been received from the Court of revision modifying or reversing the order to pay; or

    2. b.

      the order as to compensation has been modified in appeal or revision and that the order to pay is in conformity with such modification; or

    3. c.

      the appeal time has expired and that no appeal has been preferred and that no order has been received from the Court of revision modifying or reversing the order of compensation.

  8. 111.

    If not already shared, the said Participant must share their bank details with the Court within a week of the order, unless otherwise specified by the Court. Where the Participant has not submitted their bank details, or where the conditions for direct payment to the Participant as specified in Rule 109 above are not satisfied, the payment must be made to the Court, and must be credited to the treasury. Once the conditions under Rule 109 are satisfied, the treasury must transfer the amount to the relevant Participant.

  9. 112.

    Where the order to pay is reversed or modified in appeal or revision, and no further appeals or revisions are possible, a refund must be made to the relevant party.

  10. 113.

    Where a party does not make the relevant payment within the ordered time, the Court must take appropriate action for recovery of the concerned payments, as per the provisions of the Sanhita.

  11. 114.

    Where reasonable efforts to recover the payments have been made under the law and the payment remains pending for over 3 months, sanction to write off such amounts as irrecoverable may be sought.

  12. 115.

    Where the Court issues a warrant for levy of fine under Section 461, sub-section (1), clause (a) of the Sanhita, it must be directed to a police officer and include the information specified in Form Number 44 of the Second Schedule of the Sanhita, as well as a time limit for the sale of the attached property and for the return of the warrant.

    1. a.

      The following property of the convict or his wife or children must not be attached or sold:

      1. i.

        necessary wearing apparel;

      2. ii.

        cooking vessels;

      3. iii.

        beds and bedding;

      4. iv.

        personal ornaments which cannot be parted with by a woman by custom or religious usage.

    2. b.

      Before attaching the movable property, the police officer must share a copy of the warrant with the convict by delivering or tendering the copy to the convict, or in their absence, to an adult family member of the convict. If it is not possible to deliver or tender the warrant, the police officer must affix a copy of the warrant at a conspicuous place where property is found.

    3. c.

      The attachment must be made by seizure. Where the police officer executing the warrant considers necessary, in addition to or in lieu of seizure, they can obtain the Magistrate’s permission to use the methods under Clauses (b) or (c) of sub-section (3) of Section 85 of the Sanhita.

    4. d.

      After making the attachment, the Police officer must share a detailed inventory of the attached property, in accordance with the protocol of the police, to the convict in the same manner as under Rule [__] above.

    5. e.

      The property attached may be handed over to a third party on a bond being executed for their custody and production before the Court when required.

    6. f.

      Any person other than the convict claiming interest in the property and that their interest is not liable to attachment, may make a claim in the court that issued the warrant within one month of the attachment. In the event of the death of the claimant, such a claim may be continued by their legal representative.

    7. g.

      The court in which the claim has been made, must make a summary enquiry into the claim, and record the reasons for its decision. This decision is final and must be communicated to the police officer executing the warrant.

    8. h.

      Where no claim is preferred to the property attached, the police officer executing the warrant can sell the whole or part of the property necessary to meet the claim, within the time mentioned in the warrant.

      1. i.

        Provided that if the property attached consists of livestock or is subject to speedy and natural decay, or, if its immediate sale would be for the benefit of the owner, the Police Officer may sell it at once. However the proceeds of the sale shall not be appropriated towards the fine until the expiration of one month from the date of attachment or until the claim, if any, preferred under sub-rule [__] has been disposed of, whichever is later.

    9. i.

      After the sale, the police officer must immediately produce the sale proceeds before the court that issued the warrant.

    10. j.

      If at any time subsequent to the return of the warrant, the fine or any part thereof remains unpaid and the Court has reasonable grounds for believing that the convict has any movable property, it may issue a fresh warrant for the attachment and the sale of such property in accordance with the provisions of the Sanhita and these Rules.

  13. 116.

    When an accused person is sentenced to imprisonment as well as fine, the warrant issued to the jail authorities shall contain definite information as to whether the fine has been paid or not in whole or in part. When fine is paid or recovered in whole or in part after the issue of warrant of commitment, the Court shall intimate that fact to the jail authorities; Such intimation shall be acknowledged by the jail authorities, and this acknowledgement shall be added to the specific case record by the Court. On receipt of information from the Court, the jail authorities shall endorse the same on the warrant. Warrants of commitment returned to the Court after the execution of sentences shall form a part of the case record.

Part 4

Miscellaneous

Digital PlatformRules 117–126
  1. 117.

    The Court and the Participants may use the Digital Platform to undertake actions.

  2. 118.

    In order to use the Digital Platform, the Participants must register on the Digital Platform by submitting the required details and documents that enable the Court to verify the identity of the Participants.

  3. 119.

    At the time of registration, the Participants must also share their contact details, including mobile phone number, postal address, and email address, as well as any other convenient communication channel. It is the responsibility of the Participants to ensure that their contact details available on the Digital Platform are updated.

  4. 120.

    The Court may communicate with the participants who have registered on the Digital Platform via the Digital Platform. The Court may also use the contact details submitted by the Participant to communicate with them. Any communication made via the contact details submitted by the Participant will be deemed as delivered.

  5. 121.

    All actions performed by the Participants from their identity-verified registered account on the Digital Platform will be deemed to be made and authorized by them.

    1. a.

      No additional authentication by way of a signature or otherwise is required, except where the Sanhita or another legislation specifically requires signatures.

    2. b.

      Where signatures are required by the Sanhita or another legislation, it is sufficient to sign once to confirm all the actions (including submission of any documents including affidavits) that are being performed together.

  6. 122.

    In case a Participant suspects that their registered account has been compromised, they must immediately inform the Court.

  7. 123.

    The standard formats to be used for various purposes, including communicating with the Court, may be provided in the Digital Platform itself. These forms may be edited where needed.

  8. 124.

    The Digital Platform must maintain a tamper-proof audit trail of actions performed by or on the Digital platform, that the Participants can access.

  9. 125.

    If the Digital Platform is inoperative for any reason, no person should be disadvantaged because they could not use the service during that time. For example, if a Participant fails to meet a deadline due to any errors or downtime on the Digital Platform, the timeline shall be reset to the extent necessary.

  10. 126.

    Any automated actions of the Digital Platform can be challenged before the Magistrate by the aggrieved Participant by way of an application.

Representation before the CourtRules 127–131
  1. 127.

    A party may authorize an advocate to represent them before the court by filing a Vakalatnama.

  2. 128.

    A party may replace their advocate at any time by filing a fresh Vakalatnama.

  3. 129.

    The advocate being replaced may object to such replacement with reasons within 15 days of the party filing the fresh Vakalatnama. In case an advocate objects to such replacement, the Court may decide on such objection.

  4. 130.

    Where the party is a legal person like a company, the party must specify the person authorized to represent them in the Court, and furnish any relevant document authorizing such a representative, where necessary.

  5. 131.

    Where the party is a natural person, i.e. an individual, and wants to act through another person in the court, the party shall file a power of attorney specifying the name of the authorized representative and any terms on which they have been appointed.

Court Records & CommunicationRules 132–136
  1. 132.

    All court records will be maintained in a natively-digital manner on the Digital Platform. Unless the court decides otherwise for reasons to be recorded in writing, parties must have access to the case records through the Digital Platform. However, unless the court decides otherwise, the contact details of the witnesses cited by one party shall not be shared with the opposite party.

  2. 133.

    All documents issued by the court, including notices, summons, warrants, orders and judgements must be issued with verifiable credentials.

  3. 134.

    The court may, upon request, also issue any documents concerning the case, whether issued by the court or not, with verifiable credentials.

  4. 135.

    Third parties to a case can make an application to the Court to inspect court records concerning cases before the Court, stating the purpose of such inspection. Within ten days of the application, the Court must decide it with reasons. Any inspection may be permitted through the Digital Platform itself. In case they require a copy of any documents, they can make an application stating reasons to the Court.

  5. 136.

    All such documents published with verifiable credentials will be considered authentic, without the need for an additional certified copy, for all purposes. A physical print of such documents will have the same legal effect as the electronic version.

Court HoursRules 137–139
  1. 137.

    The physical offices of the Court will be open on all working days from 10 am to 5 pm, or during such other hours as may be notified by the High Court from time to time on the court website.

  2. 138.

    The Court may, upon request of the parties or where the Court considers it necessary, hold special hearings on weekends or holidays, or beyond normal working hours, with reasons recorded in writing.

  3. 139.

    It is clarified that the Digital Platform of the Court operates 24x7, and the Participants can interact with it asynchronously at any time.

Court LanguageRules 140–141
  1. 140.

    All communications in the Court will be in English or in the language of the Court as notified by the High Court

  2. 141.

    In case any of the Participants are not conversant with any of these languages, the communication from the said Participant shall be accompanied by a translation in English or the language of the Court. Where necessary, in such cases the Court may engage translators to assist such Participants.

Court FeesRules 142–144
  1. 142.

    The parties shall pay court fees in accordance with the [State] Court Fees and Suits Valuation Act and any other applicable law.

  2. 143.

    The Court shall not collect any additional court fees for issuing processes (notice, summons, or warrants).

  3. 144.

    Any delivery fees for issuing processes may be collected at the time of filing itself.

MiscellaneousRule 145
  1. 145.

    Under these rules, any actions that can be performed by the Court, and not the Magistrate alone, may be performed by the court officers, including with the use of the Digital Platform.

Court Data & ReviewRules 146–147
  1. 146.

    The Digital Platform shall record the data specified in Annexure (__), and such other data as specified by the High Court from time to time.

  2. 147.

    The High Court may make additional practice directions for periodic review of this data and for taking appropriate action on that basis, including in furtherance of its powers under Section 529 of the Sanhita to ensure that there is an expeditious and proper disposal of cases.

Residuary ProvisionsRules 148–150
  1. 148.

    The High Court can revise the Annexures to these Rules.

  2. 149.

    The High Court can also issue practice directions to elaborate on aspects under these rules.

  3. 150.

    For anything not provided for in these Rules or practice directions under these Rules, the Magistrate can make a decision to proceed in a way that aligns with the objectives of these Rules.

Annexures

Annexure [__]: Evidence
  1. 1.

    For cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881 (Central Act 26 of 1881), the complaint may be accompanied with:

    1. a.

      Cheque;

    2. b.

      Return/ dishonour memo;

    3. c.

      Demand notice;

    4. d.

      Proof of dispatch of demand notice;

    5. e.

      Proof of delivery of demand notice, through all modes of service used; and if not served, reasons thereof;

    6. f.

      Reply to the demand notice;

    7. g.

      A list of all witnesses.

Annexure [__]: Checklist for defects in the complaint

The Court may:

  1. 1.

    Confirm the complaint falls under the court’s jurisdiction

  2. 2.

    Verify whether the required documents have been submitted

  3. 3.

    Verify whether the required affidavits have been submitted

  4. 4.

    Ensure uploaded documents are clear and legible

  5. 5.

    The details submitted in the complaint are correct and match the documents submitted in support

  6. 6.

    Verify all signatures are present and correct

  7. 7.

    Any pre-conditions for filing a case specified in the law under which the case has been filed

Annexure [__]: Plea Questions
  1. 1.

    For cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881 (Central Act 26 of 1881), the Magistrate may ask any question, including the following questions, to the accused:

    1. a.

      Do you admit that the cheque belongs to your account? - Yes/No

    2. b.

      Do you admit that the signature on the cheque is yours? - Yes/No

    3. c.

      Did you issue/deliver this cheque to the complainant? - Yes/No

    4. d.

      Do you admit that you owed liability to the complainant equal to the cheque amount at the time of issuance? Yes/No

    5. e.

      If you deny liability, state clearly the defence: (a) Security cheque only; or (b) Loan repaid already; or (c) Cheque altered/misused; (d) Other (specify).

    6. f.

      Do you wish to compound the case at this stage? - Yes/No

Annexure [__]: Participants in Hearings

This annexure states the Participants who may be required to attend a specific hearing. Where a party’s advocate is required to be present, it suffices if the relevant party themselves attends the hearing, unless the Court states otherwise.

Any other Participant may also attend the hearing, but unless the Court provides otherwise, their presence is optional.

Agenda for HearingComplainantComplainant
Advocate(s)
AccusedAccused
Advocate(s)
Condonation of delayRequiredRequired
Bail-RequiredRequired
Plea under Section 274 of the SanhitaRequiredRequired
Evidence of the complainantRequiredRequiredRequired
Examination of the accused-RequiredRequired
Evidence of the accusedRequiredRequiredRequired
Arguments-Required-Required
Judgement-Required
Any applications---
Annexure [__]: Guidelines for virtual hearings
  1. 1.

    Where the Participants decide to join the court hearing virtually, they must join using the link provided by the Court before their hearing begins.

  2. 2.

    All participants must join the hearing from a quiet and private location, such as an office or residence, free from disturbances. Participants can also join from remote court points, as maintained by the district judiciary.

  3. 3.

    Especially for parties and witnesses, the location must be conducive to the giving of truthful and open testimony and to the safety, physical and psychological well-being, dignity and privacy of the witness.

  4. 4.

    All participants must keep their microphones muted until such time as they are called upon to make their submissions.

  5. 5.

    All participants are required to keep their videos on during the hearing for their case. The video may be switched off only in the case of genuine technical issues and with the explicit agreement of the Magistrate.

  6. 6.

    All participants are required to keep a valid government-issued identity proof on their person during the virtual hearing. The Court may request proof of identity as deemed necessary.

  7. 7.

    All participants must endeavour to focus their attention on the camera and remain attentive, without engaging in any other activity, such as eating, smoking, or using other devices, during the course of the proceedings.

  8. 8.

    Participants joining from their own devices must ensure that their devices are free from any malware and have a stable internet connection to avoid disruption.

  9. 9.

    The recording, photographing, taking of screenshots, or any form of broadcasting of the court proceedings by the parties is strictly prohibited and amounts to contempt of court.

  10. 10.

    Where an examination or deposition is being conducted virtually, the testimony must be recorded, and the recording must be saved as part of the case record on the Digital Platform.

  11. 11.

    The Court must ensure that the video conferencing equipment is working when needed.

Annexure [__]: Data to be Maintained

This Annexure states the data that must be maintained by the Court. The data must be publicly available, unless provided otherwise. An asterisk (*) is marked against data that will not be publicly available.

  1. 1.

    Basic Details of the Case

    1. a.

      Case ID in the Digital Platform*

    2. b.

      Case number(s) - filing, registration, national, and state-specific

    3. c.

      Case type

    4. d.

      The act under which the case has been filed

    5. e.

      Section under which the case has been filed

    6. f.

      Case numbers of linked cases

    7. g.

      Court Name

    8. h.

      Court Number

    9. i.

      Unique ID of the Court in the Digital Platform*

    10. j.

      District in which the Court is situated

    11. k.

      State in which the Court is situated

    12. l.

      Name of the judicial officer of the Court

    13. m.

      Designation of a judicial officer of the Court

    14. n.

      Police station code of the case

    15. o.

      Current status of the case

  2. 2.

    Case Milestones (Timelines)

    1. a.

      Date of cause of action

    2. b.

      Date of case filing

    3. c.

      Date of registration

    4. d.

      Date of cognizance

    5. e.

      Date of arrest

    6. f.

      Date of bail being granted

    7. g.

      Date of plea recorded

    8. h.

      Date of commencement of trial

    9. i.

      Date of examination of the accused (section 251 of the Sanhita)

    10. j.

      Date of complainant’s evidence (start and finish)

    11. k.

      Date of accused evidence (start and finish)

    12. l.

      Date of final arguments (start and finish)

    13. m.

      Date of completion of trial

    14. n.

      Date of the pronouncement of judgment

    15. o.

      Date of detention (if any) and release from prison

  3. 3.

    Disposal Details

    1. a.

      Date of disposal

    2. b.

      Nature of disposal (e.g. contested, uncontested)

    3. c.

      Outcome of disposal (e.g. conviction, acquittal, dismissed, settled)

    4. d.

      Order for disposal of the case

    5. e.

      Sentence imposed in judgment

    6. f.

      Date of execution of sentence

    7. g.

      Manner of execution

    8. h.

      Date when the appeal is filed

    9. i.

      Case number of the appeal

    10. j.

      Name of the appellate court

    11. k.

      Status of appeal

  4. 4.

    Participants

    For each participant associated with the case:

    1. a.

      Unique Participant ID within the Digital Platform*

    2. b.

      Participant type (e.g. complainant, accused, court witness, respondent, advocate)

    3. c.

      Participant category (e.g. individual, company, proprietorship, partner)

    4. d.

      Name of the Participant

    5. e.

      Age of the Participant

    6. f.

      Details of the parent of the Participant*

    7. g.

      Where the Participant is an accused, previous cases filed against the accused

    8. h.

      Where the Participant is an advocate, the bar registration number of the advocate, and the party they are representing

    9. i.

      Contact details*

    10. j.

      Date of accessing the case details on the Digital Platform

    11. k.

      Plea of Participant

    12. l.

      Other authorized representatives of the Participants, e.g. a power of attorney holder

  5. 5.

    Hearings

    For each hearing scheduled in the case:

    1. a.

      Unique hearing ID within the Digital Platform*

    2. b.

      Date & time of hearing

    3. c.

      Status of hearing

    4. d.

      Agenda for the hearing

    5. e.

      Summary of hearing events

    6. f.

      Reason for adjournment of the hearing

    7. g.

      Attendance in the hearing

  6. 6.

    Applications

    For each application filed in the case

    1. a.

      Unique application ID within the Digital Platform*

    2. b.

      CMP number of application

    3. c.

      Date of application filing

    4. d.

      Name of the applicant

    5. e.

      Text of the application

    6. f.

      Type of application

    7. g.

      Status of application

    8. h.

      Order for the disposal of the application

  7. 7.

    Orders

    For each order passed in the case:

    1. a.

      Unique order ID within the Digital Platform*

    2. b.

      Date & time of order

    3. c.

      Status of order (published/ unpublished, signed/ draft, etc.)

    4. d.

      Text of order

    5. e.

      Signatory of the order

    6. f.

      Business of the day

  8. 8.

    Processes

    For each Court process issued:

    1. a.

      Unique process ID within the Digital Platform*

    2. b.

      Date of Issuance

    3. c.

      Type of process (e.g. summons, bailable warrant)

    4. d.

      Name of the party to whom the process is issued

    5. e.

      The date the party is required to appear

    6. f.

      Text of the process*

    7. g.

      Status of the process (e.g. issued, pending payment, served, unserved)

    8. h.

      Date of each status update of the process

    9. i.

      Contact details that the process is issued to*

    10. j.

      Channel(s) of process issuance

    11. k.

      Process service report/remarks

  9. 9.

    Depositions & Examinations

    For each formal testimony recorded:

    1. a.

      Unique testimony ID within the Digital Platform*

    2. b.

      Date of testimony

    3. c.

      Name of the party whose testimony is taken

    4. d.

      Type of testimony (e.g. examination-in-chief, cross-examination, re-examination)

    5. e.

      Text of the testimony*

    6. f.

      Mode of testimony (e.g. in-person, video conference, affidavit)

  10. 10.

    Documents & Evidence

    For each document or piece of evidence filed:

    1. a.

      Unique Evidence ID*

    2. b.

      Date Submitted*

    3. c.

      Submitted By*

    4. d.

      Evidence Description* (e.g., "Original Cheque," "Bank Return Memo," "Office Copy of Legal Notice")

    5. e.

      Evidence Type* (Physical, Digital)

    6. f.

      Evidence Status*

    7. g.

      Physical Custody Status*

    8. h.

      Date of Collection of Physical Evidence*

    9. i.

      Date of Return of Physical Evidence*

  11. 11.

    Details of other related proceedings

    1. a.

      Orders and Judgments of lower courts or appellate courts

    2. b.

      Disposal details in lower courts or appellate courts

  12. 12.

    Financial Transactions*

    For each financial transaction related to the case:

    1. a.

      Unique Transaction ID

    2. b.

      Linked Order ID and Date (The court order requiring this transaction)

    3. c.

      Provisions of law under which the the financial transaction has been sanctioned

    4. d.

      Amount and Transaction Type (e.g., Court Fee, Fine, Interim Compensation, Compensation, Refund, Write off, Reverse entry)

    5. e.

      Payer Name and Participant Type

    6. f.

      Recipient Name and Participant Type

    7. g.

      Date of collection

    8. h.

      Amount collected (in total, and/or monthly)

    9. i.

      Status (e.g., Ordered, Pending, Paid, Refunded)

    10. j.

      Balance Outstanding, if any

    11. k.

      Date Paid / Processed

    12. l.

      Payment Mode (e.g., "Cash," "Online," "Treasury Challan")

    13. m.

      Reason for Refund (Order reversed or modified on appeal, etc.)

    14. n.

      Amount uncollected for over 3 months

    15. o.

      Steps taken to realise the amount so far

  13. 13.

    Aggregate Data

    The following data must be collected for specific time periods:

    1. a.

      Number of cases filed

    2. b.

      Number of cases registered

    3. c.

      Number of cases pending, with the stage of the case where they are pending

    4. d.

      Number of cases disposed of

    5. e.

      Number of cases appealed

    6. f.

      Number of advocates registered on the Digital Platform

    7. g.

      Number of Litigants registered on the Digital Platform

    8. h.

      Outcome of Disposal (e.g. conviction, acquittal, dismissed, settled)

    9. i.

      Days taken to dispose of a case

    10. j.

      Days taken to dispose of a case, excluding time for mediation

    11. k.

      Number of hearings taken to dispose of a case, and at each stage

    12. l.

      Stage at which a case is withdrawn

    13. m.

      Number of days between hearings in a case

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