No more 'tareekh pe tareekh' under the new IPC

New Delhi: “tareekh pe tareekh, tareekh pe tareekh” dialogue of BJP MP Sunny Deol may now remain part of films only as the government undertakes the exercise to speed up trial with a provision of not allowing more than two adjournments in the trial. 

The government officials said the new Bill proposes that where the circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court after hearing the objections of the other party and for the special reasons to be recorded in writing.

Besides, timelines have been introduced in the whole process from framing of Charge to Judgment. 

Also, the current system requires the filing of charge-sheet by Police in hard copies. A simple yet transformative idea is to digitise the entire records from FIR to case diaries to charge sheets to proceedings to judgment. 

It has been proposed that the Police shall submit copies of the police report along with other documents duly indexed to the Magistrate at the time of filing of the charge sheet for supplying to the accused. The documents/statements in electronic format shall be deemed to be sufficient compliance.

It has also been provided that after filing of charge sheet if further investigation is required, it shall be completed within ninety days, and any extension of time period beyond ninety days shall only be with the permission of the Court. 

Thereafter, the magistrate shall supply the documents within 14 days from the date of production/appearance of the accused.

Provision for framing of charge has been made prescribing 60 days for framing of charge from the date of the first hearing on the charge. It has also been provided that the charge can be read and explained to the accused also through electronic communication.

In session cases which deal with heinous crimes,  it has been provided that the proceedings of the Court of Session shall be completed in 90 days from the date of taking cognizance, and such period may be extended to 180 days, for reasons to be recorded in writing. In session cases, it has been prescribed that the accused person may prefer an application for discharge within a period of sixty days from the date of the committal of trial. 

It has been provided that after completion of arguments, the Judge shall give a judgement as soon as possible, within a period of thirty days, which may for specific reasons be extended to a period of sixty days.

In order to reduce the delay in the examination of documents, a new provision has been added for the evidence of public servants, experts, and Police officers in certain cases.  In case the officer who had prepared the original document is not available due to death or transfer or retirement, the person holding his charge will now be able to give deposition on such document or report. No public servant, scientific expert, medical officer or investigating officer shall be called to appear before the Court unless the report of such person is disputed by any of the parties to the trial.