# 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-163436
- **Pages:** 2

## 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
285
C.L. No. 102/VIII-e-89 dated 15th November, 1961

To avoid chances of discrimination and complaint and to ensure better and proper
defence of pauper accused a list of willing and competent lawyers be maintained and
cases should be allotted to them in rotation. The list should be revised in February and
given effect to from March each year.
C.L. No. 18 dated 18th January, 1969

Amicus curiae under rule 37, General Rules (Criminal) should be appointed at
least two weeks before the date fixed for hearing of the trial because if the amicus curiae
are appointed on the date fixed for the hearing of the Sessions trial, the trial has
necessarily to be adjourned. In case the Judge proceeds with the trial, the same day the
trial is ab initio invalid as held by the Supreme Court.
26.
SUMMARY TRIAL
C.L. No. 4 dated 3rd October, 1975

Please invite the attention of all officers under your charge to section 206 Cr.P.C.
and invite them to make use of this provision as and when occasion arises. In such cases
the accused should be told in- plain and simple language, inter alia, that if he so desires
he can plead guilty without appearing and by transmitting, before the specified date, by
post, or by a messenger, to the Magistrate such plea as well as the amount specified in the
summons.
C.L. No. 104/VII-b-108 dated 6th August, 1975

Magistrate should strictly follow the provisions of section 206(i) of the Code of
Criminal Procedure, 1973 while deciding cases under section 260 of the said Code.
C.L. No. 1 dated 14th January, 1976

In criminal cases, a very liberal use of sections 205 and 206 Cr.P.C. should be
made.
C.L. No. 4 dated 3rd February, 1976

The provisions of sections 205 and 206, Cr.P.C. should invariably be used in petty
cases. It is true that forms for section 206 are not yet available. The substance of section
206, Cr.P.C. is that the accused need not come. He may not even engage a counsel. He is
required to send the proposed amount of fine to the Court along with a plea of guilty.
This idea can be formulated in simple language so that a villager may understand and
comply. The District Judges may prepare rubber seals, containing a few sentences to
convey the idea behind section 206 and get the seals stamped on the usual summons or on
its reverse side.

Section 206 will help in improving the disposal of the officers and in executing
the policy of the legislature in saving unnecessary cost to the litigant.
C.L. No. 66 dated 11th May, 1976

The District Judges are requested to arrange rubber stamps for all the magisterial
courts, in following words:-