NECESSITY TO AMEND RULE 72 OF THE CRIMINAL RULES OF PRACTICE 1948

 

NECESSITY TO AMEND RULE 72 OF THE CRIMINAL

RULES OF PRACTICE 1948

Rule 72 of Criminal Rules of Practice was formulated by the Hon’ble Madras High Court. According to the above said Rule, after the police investigation has begun the Village Munsifs are absolutely prohibited from recording confession statement or any statement from an accused. There are number of cases decided by the Madras High Court by applying the above said Rule 72 of Criminal Rules of Practice. Some of the cases are given below:

(1) Raja, 2) Gopal, 3) Maruthan Vs. State of TN of Sub- Inspector of Police, Kalaiyarkoil Police Station, and [Muthan @ Nabiyan Vs. State of TN],

(2) The Hon’ble Apex Court had an occasion to deal with the above said Rule 72 of Criminal Rules of Practice and held that the post of Village Munsif has been abolished long back in Tamil Nadu. So, the confession recorded by the Village Administrative Officer after the police investigation has begun, is admissible and Rule 72 has been declared as nugatory. It is reported in [Sivakumar Vs. State of TN by Inspector of Police],.

The Hon’ble Madras High Court due to the necessity has formulated the above said rule. Since the same has been declared by the Hon’ble Supreme Court as nugatory, necessity arises to formulate new rule governing the field of extra-judicial confession. It is painfully stated that, though the above rule has been declared as nugatory in the year 2006 itself by the Hon’ble Apex Court, but even now the above said rule is being cited. So there is necessity to amend the rule or to formulate new rule governing the field.

It is to be noted that there are number of cases decided based on the circumstantial evidence on the basis of extra-judicial confession made before the Village Administrative Officer. So, in order to regulate or streamline the investigation, it is just and necessary to formulate new rule. Very recently, plea was raised that investigation process was commenced and then only extra-judicial confession was recorded and so it is hit by Rule 72 of Criminal Rules of Practice. But, the Hon’ble Division Bench of Madras High Court rejected the said contention by placing reliance on the judgment of the Hon’ble Apex Court reported in [Sivakumar Vs. State of TN by Inspector of Police],.

It is reported in 1. 4[Selvakumar, 2. Rajamani Vs. State of TN Inspector of Police], Karipatti Police Station, Salem District –.

CONCLUSION :-

So, the name Village Munsif as contained in Rule 72 of Criminal Rules of Practice may be modified as Village Administrative Officer or new rule to be framed. Hence,  the authorities concerned as well the learned Senior Members of Bar may consider the same.