Srinagar, Sep 22 : The High Court of J&K and Ladakh Tuesday adopted the Draft Rules of Criminal Practice wherein it has laid down detailed procedures for investigation, trial, recording of evidence, judgments and disposal of bail applications in subordinate courts.
The rules have been framed in compliance with the Supreme Court’s February 5, 2026, judgment on deficiencies in criminal trials and will guide all courts subordinate to the High Court.
Under the rules, medico-legal, post-mortem and inquest reports must carry frontal and rear body sketches showing injuries.
In cases of death in police action or custody, post-mortem examinations must be photographed and videographed, with the material properly preserved for trial.
Investigating officers will also be required to prepare hand-drawn site plans showing the place of occurrence, bodies, seized articles, weapons, blood stains, bullet shells and surrounding structures.
A scaled plan will be prepared wherever an authorised draftsman is available.
The accused will be supplied statements of witnesses and lists of relied-upon documents, material objects and exhibits, along with details of material not relied upon by the investigating officer.
Victims entitled to participate in proceedings will also receive the relevant material.
The rules require charges to be personally prepared by the Presiding Officer within 60 days of the first hearing on charge. Evidence is to be recorded in typed or audio-visual form wherever possible, in the witness’s language, with signed copies provided to the accused, witness and prosecutor.
They also prescribe systematic numbering of witnesses and exhibit and require objections raised during evidence to be recorded and decided according to law.
Judgments will follow a prescribed format, including points for determination, findings and reasons, besides lists of witnesses, exhibits and material objects.
The rules lay particular emphasis on bail and personal liberty.
Bail applications in non-bailable cases should ordinarily be decided within three to seven days of the first hearing, with reasons recorded for delay.
Broader timelines of two weeks to two months have also been prescribed for bail and anticipatory bail matters.
Undertrials in custody for over five years are to receive priority for bail or release on personal bond, while those detained longer than the maximum punishment prescribed for the alleged offence should be released on personal bond.
The rules also recognise the victim’s right to be heard at every stage, including bail proceedings, and provide for legal advisers, other than Public Prosecutors, to assist investigating officers.
Courts have further been directed to record reasons where probation is not considered as an alternative to imprisonment.
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