# make strict compliance

- **Citation:** C.L. No. 2/VIII-c-89
- **Court:** Allahabad High Court
- **Decided:** 1952-01-08
- **Case number:** C.L. No. 2/VIII-c-89
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/make-strict-compliance-163435
- **Pages:** 1

## Text

284

I am, therefore to request you kindly to bring the contents of this Circular Letter
in the notice of all the Judicial Officers working under your administrative control to
make strict compliance.
WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE
IF PASSED BY A MAGISTRATE
(Section 245 and 258, Schedule V from XXIX, Old Cr.P.C.)
Case No. ........... Of 20
To the Superintendent of the Jail at
Whereas, on the ...........day of ..........20, (Name of prisoner) .......the .....prisoner
incase no. ..........of the calendar for 20 ., was convicted before me (Name and official
designation) of the offence of .........(mentioned the offence or offences concisely)
under section (or sections) the Indian Penal Code (or of Act),..................and was
sentenced to (State the punishment fully and distantly).
This is to authorize and require you, the said Superintendent, to receive the said
(prisoner's name) in to your custody in the said jail together with this warrant, and there
carry the aforesaid sentence into execution according to law.
Given under my hand and the seal of the Court, this day of 20
Seal

Magistrate
25.
 COUNSEL TO DEFEND PAUPER ACCUSED
C.L. No. 2/VIII-c-89 dated 8th January, 1952

As soon as a report under rule 37 of Chapter V, General Rules (Criminal), 1957,
has been received from the committing Magistrate that an accused person is possessed of
sufficient means to enable him to engage counsel for his defence in the Court of Sessions,
a Sessions Judge should inform him, if in custody, of the contents of the Magistrate's
report and tell him that the court would not engage counsel to defend him. This will give
the accused person, if he is not satisfied with such report, an opportunity of pointing out,
that the committing Magistrate's report is incorrect and will enable the Sessions Judge to
verify his statement, if necessary, by a further reference to the Magistrate concerned and
to come to a decision on the point well ahead of the date fixed for the commencement of
the trial. This procedure is meant to be followed, where necessary, in addition to that
prescribed in rule 37 of Chapter V, General Rules (Criminal), 1957 and not in
substitution thereof.
C.L. No. 38/VIII c-89 dated 14th April, 1951

Unless there is no choice, lawyers of less than five years' standing should not be
appointed to defend the accused at the cost of the State. Every effort should be made to
secure the services of competent and senior lawyers in such cases. Even senior lawyers
may often be prepared to defend pauper accused in capital cases without regard to the
actual remuneration paid to them on behalf of the State.

 Now 1977 vide notification no. 504/Vb-13 dated 5.11.83
 Now 1977 vide notification no. 504/Vb-13 dated 5.11.83