Section 283 CrPC: Record in High Court – Code of Criminal Procedure
This section deals with the procedure for maintaining and transmitting records in the High Court.
1. State the Code
Section 283 of the Code of Criminal Procedure, 1973 (CrPC) states:
“When an appeal, revision, reference, or other proceeding is instituted in a High Court, the Magistrate or Sessions Judge shall, within such time as may be prescribed, send to the High Court, together with a copy of the order of the Magistrate or Sessions Judge, as the case may be, a complete record of the proceedings in the case, including the evidence taken, the statement of the accused, if any, and all judgments, orders, and other documents connected with the case.”
2. Explanation
- This section mandates the timely transmission of all essential documents related to a case to the High Court when an appeal, revision, reference, or other proceeding is initiated.
- The objective is to ensure that the High Court has all the necessary information to adjudicate the matter fairly and effectively.
- The “complete record” includes:
- Evidence recorded in the lower court
- Statement of the accused, if any
- All judgments and orders passed in the case
- Any other relevant documents
- The Magistrate or Sessions Judge must send the record along with a copy of their order initiating the proceedings.
3. Illustration
Suppose a person is convicted by a Magistrate in a theft case. They appeal against the conviction in the High Court. Under Section 283, the Magistrate must send the entire case record to the High Court, including the evidence, the accused’s statement, the judgment, and any other related documents. This ensures the High Court can review the case comprehensively and decide the appeal.
4. Common Questions and Answers
- Q: What happens if the Magistrate fails to send the complete record within the prescribed time?
- A: The High Court can issue directions to the Magistrate to ensure the prompt transmission of the record. Failing to comply can result in contempt of court proceedings.
- Q: Can the High Court request additional information or documents not included in the initial record?
- A: Yes, the High Court can direct the Magistrate or Sessions Judge to furnish any further information or documents deemed necessary for the proceedings.
- Q: What is the purpose of sending the complete record to the High Court?
- A: The complete record enables the High Court to:
- Review the lower court’s proceedings
- Assess the evidence presented
- Determine if any legal errors occurred
- Make a fair and informed decision on the appeal, revision, or other proceeding.
