Don't Insist On Original Case Diaries, Ensure Compliance With CrPC, BNSS: Gauhati HC Issues Guidelines To Courts For Accepting Police Report

The Gauhati High Court on Saturday (October 5) issued guidelines for acceptance of Final Report Form (Charge sheet or Final Report) by all courts under its jurisdiction.

The main points of the guidelines are as follows:

1. The Police Reports Final Form (Charge sheets or Final reports) shall be accepted by all Courts without insisting for original Case Diaries.
2. While accepting the Final Police Report Form with all its enclosures, the concerned Courts shall ensure that provisions of Section 173 CrPC or 193(6) BNSS and 193(8) BNSS are strictly complied with by the investigating officer.
3. However, the point no. 2 shall not restrict power of Courts under the provisions of CrPC or BNSS and the Assam Police Manual for calling the original case diary (CD) at any stage of investigation/inquiry/trial/appeal and CD shall be returned after completion of the purpose of calling of original CD.
4. The investigating officer shall also send a digital copy of such police report along all its enclosures while submitting the Final Police Report Form.
5. To receive the digital copy, District and Sessions Judges/Special Judges shall use official email account and store them in systematic manner in the data base for future use.
6. District and Sessions Judges/Special Judges shall provide the email account details to the Commissioner of Police, Guwahati/Superintendent of Police of the concerned district for receipt of such digitized copy for use in future.
7. While sending the original case record in connection with any appeal/revision, the concerned trial Court shall also send court copy of Final Police Report Form along with all enclosures received from the police station or the digital copy as per direction of the said court calling the record.

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