# The Sessions Judges may also be directed to follow the said direction, strictly

- **Citation:** C.L. No. 151/Vll-a-18
- **Court:** Allahabad High Court
- **Decided:** 1974-09-28
- **Case number:** C.L. No. 151/Vll-a-18
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-sessions-judges-may-also-be-directed-to-follow-the-said-direction-strictly-163420
- **Pages:** 2

## Text

270
The Sessions Judges may also be directed to follow the said direction, strictly.
20.
HEARING OF CASES
C.L. No. 151/Vll-a-18 dated 28th September, 1974

Criminal courts, while taking up kidnapping and abduction cases, may consider
the desirability of conducting proceedings in camera in case they are satisfied that the
said procedure would be helpful in the dispensation of justice.
C.L. No. 104/VII-c-33 dated 30th August, 1971

In order to avoid hindrance in the rehabilitation of the deviant women, cases
under S.I.T. Act should be disposed of early.
C.L. No. 46/Vll a-19/Admn.(G) dated 4th June, 1986

The District Judges should ensure strict compliance of the provisions of section
327(2) Cr.P.C. as amended by Section 4 of Criminal Law (Amendment) Act, 1983
prescribing clearly, that the trial of cases under sections 376-376A-376B-376C, or 376-D,
I.P.C. should be held in camera, by all the concerned judicial officers.
C.L. No. 52/Vll c-9 dated 6th May, 1969

In order to obviate the difficulty of witnesses showing reluctance to depose
against Goondas in open court the presiding officers should allow increasing recourse to
trial of cases against Goondas in camera whenever it is considered necessary by the court
trying them.

In case it becomes necessary to start the trial in Jail, prior permission should be
obtained from the Court.
21.
NOTICE TO D.G.C. (CRIMINAL)
C.E. No. 77/VIIIf-11 dated 20th December, 1962
The necessity of strict compliance of the directions contained in paragraph 161
and 162 of the Legal Remembrancers' Manual regarding notice of date of hearing of
cases to Government Pleaders [D.G.C. (Criminal)], hearing of the cases on the date fixed,
cases to be taken up in succession, reasonable notice when the Presiding Officer does not
propose to attend the court on days on which criminal work is fixed etc. is impressed on
all the presiding officers.
22.
RECORDING THE AGE OF AN ACCUSED
C.L. No. 52/Vll-b-32 dated 28th September, 1954

In the first instance, each accused in a murder case at the time of his examination
by the Magistrate or the Sessions Judge should be specifically asked as to what his age is,
and that age should be recorded. If the Magistrate or the Sessions Judge suspects that the
age stated by the accused, having regard to the general appearance of the accused or some
other reason, has not been correctly stated it is either an over-estimate or under-estimate
then the Magistrate or the Sessions Judge should note his own estimate and if he
considers it necessary order medical examination of the accused about his age. If any

 Now Immoral Traffic (Prevention) Act, 1956 vide Amendment Act 44 of 1946
271
documentary evidence on the point of age is readily available, the prosecution should be
asked to produce it.
C.L. No. 11/Vlll-a-16 dated 25th February, 1965

Under Rule 53 of General Rules (Criminal), 1957, Volume I, Presiding Officers
of the Criminal Courts are required to record, inter alia, the age of the accused persons
while examining them under section 342 (new section 313) of the Code of Criminal
Procedure. Recording of age is an important factor in awarding sentence and considering
the petition for mercy of a condemned prisoner and for remission of unexpired portion of
the sentence by the Government.
C.L. No. 69 dated 13th August, 1968

Sessions Judges and Magistrates should give their estimate of the ages of the
accused persons while recording their statements.
23.
CASES OF JUVENILE
C.L. No. 89 Admn. (A) dated 3rd April, 1977

While dealing with the cases of the child offenders, the provisions of the U.P.
Children Act, 1951 should be kept in view and acted upon by the courts concerned.
C.L. No 71/VII c-34 Admn. G dated 7th November, 1981

Government's Notification No. 3532/XXVI-2 55(P)/74 dated July 1981 empowers
the Sessions Courts of the districts where the provisions of the U.P. Children Act, 1951
are in force to act as Juvenile Courts and to try offences punishable with death or life
imprisonment.
C.L. No. 33/Admn. (G)VIIf-45 dated 13th May, 1986

It invites attention to the fact that the children below the age of sixteen years
should not be confined in jail and also to the directions given in this regard by the
Supreme Court in the case of Sheela Barse v. Union of India (Reported in AIR 1986 S.C.
1773).

The Supreme Court has been pleased to direct the District Judges in the country to
nominate the Chief Judicial Magistrate or any other Judicial Magistrate to visit the
District Jail and Sub-Jail in his District for the purpose of ascertaining how many children
below the age of 16 years are confined in jail; what are the offences in respect of which
they are charged; how many of them have been in detention whether in the same jail or
previously in any other jail before being brought to the jail in question; whether they have
been produced before the children's Court and if so, when and how many times; and
whether any legal assistance is provided to them.

The report shall also state as to whether there are any children's - Home, Remand
Home or Observation Homes for children within his District; and if there are any such
homes, he shall inspect them for the purpose of ascertaining as to1 what are the conditions

 Now Rule 50 vide notification no. 504/Vb-13 dated 5.11.83
 Now 1977 vide notification no. 504/Vb-13 dated 5.11.83
 Replaced by Section 63 of the Juvenile Justice Act, 1986.