- The entire record in Class I shall be destroyed upon the expiration of one year, file B in Classes II and III upon the expiration of two years, and file A in Class II upon the expiration of five years reckoning from the 30th June or the 31st December next following the order disposing of the case.File A in Class III shall be destroyed upon the expiration-(a)of ten years in a case under Section 108 of the-Code and in a case tried by a Court of Sessions or by a Magistrate, in exercise of the powers granted to him under Section [30] [Now omitted.] of the Code except that - (i) in every case the judgment or final order of the Sessions Judge or Magistrate shall be retained for 50 years ; and (ii) in a case in which a conviction was had under chapter VI of the Indian Penal Code, the whole of file A shall be retained for 50 years :Provided that in cases tried by a Sessions Judge in which punishment awarded is more than seven years' rigorous imprisonment special orders of the Sessions Judge shall be obtained in each case before destroying file A of Class III after 10 years;(b)of five years in other cases ; except that in every case the judgment or final order of the Sessions Judge or Magistrate in cases in which the offence proved is an offence punishable under chapter XII or chapter XVII of the Indian Penal Code with imprisonment of either description for a term of three years and upwards shall be retained for 50 years ;reckoning from the 31st December next following the orders disposing of the case :Provided always that-(i)if the warrant with the certificate as to the manner in which the sentence has been executed has not been filed with the record before the expiration of the period abovementioned, the record shall be laid before the Court for further orders ;(ii)a Sessions Judge or District Magistrate for reasons to be recorded in writing, may direct that any record or part thereof be retained permanently ;(iii)the record of a case in which an accused has absconded or is a lunatic, or a person who has been ordered to pay maintenance shall not be destroyed until it be proved to the satisfaction of the District Magistrate that such accused or other person is dead, or until a period of fifty years has elapsed since the order was passed ;(iv)the record of cases of non-criminal lunatics shall be destroyed upon the expiry of three years from the date of non-criminal lunatic is either discharged from the hospital or is dead or from the date of application filed under Section 5 of the [Indian Lunancy Act, 1912] [See now Mental Health Act, 1987 (14 of 1987).] is dismissed under Section 10 (2) of the Act.
