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State of Bihar - Section

Section 111 in Criminal Court Rules of the High Court of Judicature at Patna

111.

File A shall contain the following papers which shall be arranged in the following orders -
(1)[Title-page] [The Title-page and the Table of Contents in records of Courts of Session should invariably be written up in English and in the combined form prescribed.]
(2)[Table of Contents] [The Title-page and the Table of Contents in records of Courts of Session should invariably be written up in English and in the combined form prescribed.]
(3)Order-sheet
(4)Papers showing how the proceedings were initiated together with any sanction to the proceeding granted under sections 195, 196 or 197, Criminal Procedure Code [that is to say : the complaint, first information to the Police, or order of the Magistrate under Section 190 (1) (c) on which the proceedings were taken], the final report of the Police under Section 173 of the Criminal Procedure Code and the order of commitment. [* * * * *] [Deleted by C.S. No. 48.]
(5)The charge under which the trial has been held, amended or otherwise : with a record thereon that is has been read and explained to the accused, and the plea of the accused.
(6)Any documents or document connected with the offence charged, or in respect of which the charge is made, e.g., the statements made by the accused, which form the subject of a charge of giving false evidence, document said to be forged, etc.
(7)List of articles connected with the offence, which have been proved and exhibited, but which cannot be attached to the records; e.g., any weapons used in the commission of any offence against the person, stolen property in an offence against property, counterfeit coin and materials for counterfeiting, etc.
(8)
(a)The deposition of the witnesses for the prosecution examined at the trial in chronological order, except that when a witness has been cross-examined, or re-examined, in a later stage of the proceedings, such cross-examination, or re-examination, shall be attached to his original deposition.
Note - When a witness has been cross-examined under Section 145 of the Evidence Act, for the purpose of contradicting him as to previous statements made by him in writing or reduced into writing (e.g., deposition taken during the enquiry before the Magistrate), such statements shall be filed in the record immediately after the deposition of the witnesses to which these relate. Every such statement, when proved, shall be marked by the Court in a series of its own which shalt be noted in the order-sheet, but need not be included in any list.
(b)The depositions of witnesses who are absent at the trial, which are admitted under Section 33 of the Evidence Act, or [Section 299] [Substituted by C.S. No. 49.] of the Criminal Procedure Code or otherwise, e.g., Depositions of witnesses taken on commission;
Dying declarations admitted in evidence;[* * * *] [Deleted by C.S. No. 49.]
(9)Deposition of a medical witness admitted under [Section 291] [Substituted by C.S. No. 49.], Criminal Procedure Code.
(10)Report of the Chemical Examiner, or Assistant Chemical Examiner to Government, admitted under [Section 293] [Substituted by C.S. No. 49.], Criminal Procedure Code.
(11)[ Any confession, or statement of the accused recorded under Section 164, Criminal Procedure Code, and admitted in evidence.] [Substituted by C.S. No. 49.]
(12)The examination (if any) of the accused before the Sessions Court.
(13)Any written defence that may be laid before the Court.
(14)The depositions of the witnesses examined for the defence in chronological order.
(14A)[ Written Memorandum of argument, if any, submitted under Section 314 of the Code of Criminal Procedure.] [Inserted by C.S. No. 49.]
(15)The judgment and final orders.
(16)If the trial involves a charge of previous convictions, the evidence for the prosecution to prove such convictions and the evidence for the defence, if any, and the final judgment and order as provided in clause (15).The following papers shall be subsequently added to complete the record - [G.L. 12/22.]
(17)Copy of the judgment, or order of the Appellate, or Revisional Court.
(18)Warrant returned after execution by the Jail Authorities.
(19)If the sentence has been remitted in whole, or in part, by the President, or the Governor, a copy of the order of remission.