THE HIGH COURT OF KERALA Kochi - 682031 D8- 64233/2017/D3 Dated: 07/08/2017 CIRCULAR - 3/2017, Sub:-Subordinate Courts - Recording of deposition of witness by the Presiding Officer himself or by his dictation in Open Court and under his direction and superintendence by the Typist/Computer operator of the Court-Regarding. Ref: 1. High Court Circular No. 5/1968 dated 26-03-1968. 2. High Court Circular No. 1/2016 dated 04-04-2016. 3. Order XVIII, Rule 4 and 5 of the C.P.C. 4. Sections 272, 273, 274, 275 and 276 of the Cr.P.C. 5. Rule 146 (1) of the Civil Rules of Practice, Kerala. 6. Rule 57 of the Criminal Rules of Practice, Kerala. Directions to the effect that the Presiding Officers of the subordinate courts should themselves record the evidence had been issued vide High Court Circular cited first above. Order XVIII, Rules 4 and 5 of the Code of Civil Procedure, 1908, and Sections 274, 275 and 276 of the Code of Criminal Procedure, 1973, provides other options for the Presiding Officers to record the evidence of witnesses, in addition to the mandate to write down the depositions themselves, subject to conditions. Rule 146 (1) of the Civil Rules of Practice, Kerala, and Rule 57 of the Criminal Rules of Practice, Kerala, lay down the procedure to be followed by the Judge when the deposition is not recorded in his hand. As per High Court Circular No. 1/2016, the High Court had decided to permit the evidence of witnesses to be recorded in writing either by the Presiding Officer himself or on his dictationin Open Court or under his direction and superintendence by~# the Typist/Computer Operator of the Court authorised by him in this behalf in accordance with Sections 272 to 276 of the Code of Criminal Procedure, 1973 and Ofder XVIII, Rules 4 and 5 of the Code of Civil Procedure, 1908. In the first phase, the High Court had resolved to implement the above scheme in the Higher Judicial Service, i.e., the District & Sessions Courts, Additional District & Sessions Courts, Motor Accidents Claims Tribunals, Additional Motor Accidents Claims Tribunals, Special Courts, Family Courts etc., and the said Courts were directed to implement the above scheme. The High Court has now decided to extend the above scheme to all the Courts in the State, in supersession of High Court Circular No. 5/1968. Henceforth in all the courts in the State, the evidence of witnesses can be recorded in writing either by the Presiding Officer himself or on his dictation in Open Court and under his direction and superintendence, by the Typist/Computer Operator of the Court authorised by him in this behalf in accordance with Sections 272 to 276 of the Code of Criminal Procedure, 1973 and Order XVIII, Rules 4 and 5 of the Code of Civil Procedure, 1908. The evidence so taken down shall be read over to the witness, his signature obtained and signed by the Presiding Officer and shall form part of the Records. (By Order) ges : 2 K.Babu Registrar (Subordinate Judiciary)