J&K HC Sets Timelines For Bail, Trials

(MENAFN- Kashmir Observer) Srinagar- The High Court of J&K and Ladakh on Tuesday adopted and framed the Draft Rules of Criminal Practice, introducing detailed procedures for investigation, trial, recording of evidence, judgments and disposal of bail applications in subordinate courts.

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The rules have been framed in compliance with the Supreme Court's February 5, 2026 verdict in the suo motu writ petition concerning inadequacies and deficiencies in criminal trials. The directions have been issued for the guidance and compliance of all courts subordinate to the High Court.

Under the new rules, every medico-legal certificate, post-mortem report and inquest report will have to contain a printed frontal and rear view of the human body, with injuries indicated on the sketch.

In cases involving death in police action or police custody, photographs and videography of the post-mortem examination have been mandated. Such material is to be properly seized, preserved and supported by the required electronic evidence certificate for use during trial.

The rules also require investigating officers to prepare a hand-drawn site plan along with the scene mahazar or spot panchnama. The plan must indicate the place of occurrence, location of bodies, seized material and weapons, blood stains, bullet shells, sources of light and surrounding structures. A scaled site plan is also to be prepared by an authorised draftsman, wherever available.

The accused will be supplied statements of witnesses and a list of documents, material objects and exhibits relied upon by the investigating officer. The rules also provide that the list should specify material not relied upon by the investigating officer. Victims entitled to participate in proceedings will also be provided copies of the supplied material.

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On framing of charges, the formal charge is to be prepared personally by the Presiding Officer within 60 days from the date fixed for the first hearing on charge.

The rules provide for recording of evidence in typed or audio-visual format, wherever possible. Depositions are to be recorded in the language of the witness and translated into English where required. The evidence is to be read over by the Presiding Officer, with signed copies made available free of cost to the accused or their advocate, the witness and the prosecutor on the date of recording.

Audio-visual recording and live transcription of the entire evidence has also been provided for, wherever technologically feasible. Persons entitled to copies of evidence will also be entitled to true copies of the audio-visual recordings and transcripts.

The rules prescribe systematic numbering of prosecution, defence and court witnesses, as well as exhibits and material objects. They further require objections raised by the prosecution or defence during evidence to be recorded and decided in accordance with law.

On judgments, the rules require a prescribed format containing a preface, tabular statement and an appendix listing witnesses, exhibits and material objects. Every judgment must specify the points for determination, the decision on those points and the reasons for the decision.

Significantly, the rules prescribe timelines for bail proceedings. Bail applications in non-bailable cases should ordinarily be disposed of within three to seven days from the first hearing, with reasons to be recorded if this period is not adhered to. The rules also prescribe broader timelines of two weeks to two months for disposal of bail and anticipatory bail applications.

The rules further provide that matters concerning personal liberty should be prioritised and indefinite adjournments should not be granted. Undertrials who have remained in custody for more than five years are to be accorded priority for bail or release on personal bond, while those who have spent more time in custody than the maximum punishment prescribed for the alleged offence should be released on personal bond.

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The rules also recognise the victim's right to be heard at every stage of proceedings, including bail. In addition, State Governments have been directed to appoint advocates, other than Public Prosecutors, to advise investigating officers during investigation.

On sentencing, courts have been directed to record reasons in writing where probation, wherever applicable, is not considered as an alternative to imprisonment.

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