53. [ D.M., Senior S.P. or S.P. to be informed of police errors. [Substituted by Notification No. 1255/VII-Nyaya-2-2018-91G-2018, dated 14.8.2018 (w.e.f. 3.11.1956).]
- When in any case of which a court has taken congnizance, the Presiding Officer has occasion to notice any erroneous practice on the part of the police, or has reason to believe that a confession has been elicited by the police from an accused person by the use of force or under influence, or that any other grave irregularity has occurred, he shall bring the matter to the notice of District Magistrate and Senior Superintendent of Police or Superintendent of Police, as the case may be. If the District Magistrate, Senior Superintendent of Police or Superintendent of Police gives no response on such report of the Presiding Officer, the matter may be referred to the High Court for appropriate action.][54] [Rules 54, 55, 56 and 57, renumbered as Rules 51, 52, 53 and 54, by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Note to be made about defence witnesses.- In every case in which an accused has claimed to be tried, the Court shall note in its judgment, whether the accused had examined witnesses in his defence. If witnesses were summoned for the defence, and were not examined, the Court shall state why they were not examined.A Court of Session shall further record at the conclusion of its examination of an accused that he has been asked whether he means to adduce evidence, and his reply or that of his pleader, if any. If he asks that certain witnesses may be examined, it shall record whether they are present and may examine the same or else summon them for a future date unless for reasons to be recorded their examination appears to be unnecessary.[55] [Rules 58 to 64, renumbered as Rules 55 to 61, by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Previous conviction to be noted in judgment.- In a case in which an accused is liable to enhanced punishment or to punishment of a different kind for a subsequent offence, on account of any previous conviction or convictions the Court, if it convicts the accused, shall set forth in its judgment each such previous conviction proved against or admitted by the accused, specifying the date of the conviction, the section under which he was convicted and the sentence imposed.[56] [Rules 58 to 64, renumbered as Rules 55 to 61, by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Post Office record not to be disclosed unnecessarily.- When any journal or other record of a post office is produced in Court, the Court shall not permit any portion of such journal or record to be disclosed other than that the portion which seems to the Court necessary for the determination of the case then before it.[57] [Rules 58 to 64, renumbered as Rules 55 to 61, by Notification No. 504/V-b-13, dated 27th August, 1983, published in U. P. Gazette, Part II, dated 5th November, 1983, pages 55-58.]. Affidavits to be stamped.- A Magistrate shall not allow an affidavit, which is not one exempted from stamp duty by Article 4 of Schedule I of the Indian Stamp Act, 1899, to be shown before him, unless it is duly stamped.
