4. Committal Proceedings / Economic Cases

4.1 Presentation of Charge Sheet

As-Is Process

  1. DPP/Police/Prosecutor presents charge sheet at the registry.

  2. Court clerk presents the charge sheet to magistrate in charge of the resident’s magistrate court.

To-Be Process

  1. DPP/Police/Prosecutor submits charge sheet at the registry.

4.2 Case Admission

As-Is Process

  1. Magistrate In charge of the resident magistrates’ court scrutinizes the correctness of the charge sheet.

  2. Magistrate In charge of the resident magistrates’ court admits, returns or rejects the charge sheet.

  3. Magistrate In charge of the resident magistrates’ court returns the charge sheet to court clerk for appropriate actions.

To-Be Process

  1. Magistrate In charge scrutinizes the correctness of the charge sheet.

  2. Magistrate In charge Admits, returns or rejects the charge sheet.

Note

  • Instant feedback is given to the police/DPP in case of rejection or return.

4.3 Case Registration

As-Is Process

  1. Court clerk of the resident magistrates’ court registers the admitted charge sheet in the resident magistrates’ court register.

  2. The court clerk of the resident magistrates’ court registers the admitted charge sheet in the district magistrates’ court register in the custody of the resident magistrates’ court.

To-Be Process

  1. Magistrate in charge registers the charge sheet after admission.

Note

  • Instant feedback is given to the police/DPP after admission and registration.

4.4 Case Assignment

As-Is Process

  1. Magistrate in charge of the resident magistrates’ court assigns the case file that was registered in the resident magistrate register to a particular magistrate at the resident magistrate court.

  2. Magistrate in charge of the resident magistrates’ court may assign the case file that was registered in the district register (in the custody of the RM’s court), to a magistrate at the district court.

  3. The assigned magistrate at the resident magistrate or district court fixes a date for mention.

To-Be Process

  1. Automatic assignment based on workload per magistrate with intervention of the magistrate in charge.

  2. Assigned magistrate fixes a date for hearing.

4.5 Hearing Process

As-Is Process

  1. Magistrate mentions the case until investigation is concluded.

  2. Upon receipt of information from the high court, the magistrate reads the charge sheet to the accused without plea.

  3. Witness statements are read out to the accused by the court by the court.

To-Be Process

  1. Magistrate mentions the case until investigation is concluded (through virtual court where applicable).

  2. The magistrate reads the charge sheet to the accused without plea (through virtual court where applicable).

  3. Witness statements are read out to the accused by the court (through virtual court where applicable.

4.6 Pronouncement of the Committal Order

As-Is Process

  1. The magistrate commits the accused to the high court for trial.

  2. The resident magistrate court registry prepares triplicate copies of committal proceedings.

  3. The triplicate copies are transmitted to the high court for record purposes.

  4. The magistrate orders the accused be remanded until he is called by the high court for trial.

To-Be Process

  1. The magistrate commits the accused to the high court for trial (through virtual court where applicable).

  2. The court clerk supply copies of committal proceedings to the high court and parties to the case.

  3. The magistrate supplies the order for remand of the committed accused to remand prison.