Section 150 in Criminal Court Rules of the High Court of Judicature at Patna
150.
The period for which the records shall be preserved, such period being calculated from the date of the final judgment or order in each case, shall be as follows [G.L. 8/44] -Class I - To be preserved for 14 years(a)Files A and B of Sessions and Magistrates' cases in which the accused has been acquitted or convicted of offences punishable under Sections 392 to 402, Indian Penal Code, inclusive.(b)Files A and B of proceedings under Sections 109 and 110, Criminal Procedure Code.(c)File A of Sessions cases other than those mentioned in (a) above, resulting in the conviction of the accused.(d)File A of non-bailable Magistrate's cases other than those mentioned in (a) above resulting in the conviction of the accused.(e)File A of appeals and applications for revision against judgment or orders passed by Magistrates in cases (a), (b) and (d).Class II - To be preserved for five years(a)File A of possession cases under [Chapter X] [Substituted by C.S. No. 58.] Criminal Procedure Code.(b)File A of security cases under Chapter VIII, Criminal Procedure Code, other than those mentioned in I (b) above.(c)File A of appeals and applications for revision in respect of the cases mentioned in (a) and (b) above.(d)[ File 'A' of cases where after an enquiry in the manner prescribed under the proviso to Section 202 (2) of the Code of Criminal Procedure a Magistrate has passed an order dismissing the complaint under Section 203 or where a Court of Sessions has passed an order of discharge, under Section 227, Criminal Procedure Code.] [Substituted by C.S. No. 58.]Class III - To be preserved for two years(a)Files A and B of other miscellaneous cases.(b)Files A and B of Magistrates' bailable cases.(c)File A including B papers of appeals and applications for revision in respect of cases mentioned in (a) and (b) above.(d)File B of cases mentioned in classes I and II, excepting cases in I (a) and (b).Class IV - To be preserved for one year(a)Files A and B of cases [excepting cases referred to in class II (d) above] [Inserted by C.S. No. 58.], in which Magistrate has declined to issue process.(b)Files A and B of cases in which a Magistrate has passed an order of discharge under [Section 118 or 245 or 249] [Substituted by C.S. No. 58.], Criminal Procedure Code.(c)Files A and B of cases in which the accused has been acquitted, excepting the cases referred to in class I (a) above.(d)Cases in which the accused has been executed under a capital sentence, except in cases in which such sentence has been passed under Section 396, Indian Penal Code, vide Class I (a) above.Proviso 1. - Provided that the following records shall be treated as permanent-(i)The record of any case in which any of the accused or parties proceeded against has not been apprehended.(ii)File A or form of summary trial under Section 263, Criminal Procedure Code, as the case may be, in cases in which the accused has been convicted of an offence, a repetition of which renders the offender liable to enhanced punishment.(iii)Record of any case in which an order for maintenance has been made under [Section 125] [Substituted by C.S. No. 59.] Criminal Procedure Code.Note - The records mentioned in clauses (i), (ii) and (iii) of this proviso may however be destroyed when all the persons on whose account they have been preserved are known to be dead. And in the case of the records mentioned in clauses (i) and (ii) of this proviso (except when the offence is one punishable with death or transportation for life) death shall be presumed when the records have been preserved for 30 years, and the records may then be destroyed.Proviso 2. - Provided that the record of no case in which the sentence has not expired shall be destroyed.Proviso 3. - Provided that the record of any case in which an order of attachment has been made under Section 146, Criminal Procedure Code, shall not be liable to destruction so long as such order remains in force.Note - A quinquennial revision should be made in respect of the records mentioned in Proviso 1 of Rule 150 with a view to the destruction of those that have become liable to destruction under the instructions contained in note to it.
