The Directorate of Prosecution has issued new guidelines to District Public Prosecutors, Additional Public Prosecutors, and Assistant Public Prosecutors regarding the collection of evidence from retired officers, particularly those who are elderly or suffering from illness. The directive aims to streamline the legal process and reduce inconvenience for senior citizen police officers required to testify in cases dating back to their service period.

Key points of the notification

Prosecutors are advised to prioritise testimony from elderly retired officers when they appear in court.

Courts should be requested to allow audio-video testimony for retired officers who are ill or of advanced age, as provided for by law.

Summons for pending cases requiring testimony from senior citizen police officers should be issued promptly.

Efforts should be made to expedite the testimony process and facilitate quick release of these officers from court duties.

Deputy Director of Prosecution Rakesh Rao stated that this notice was issued in response to a petition from the Retired Gazetted Police Officers Association Trust in Vadodara. The petition highlighted the difficulties faced by 80–85-year-old retired officers who struggled to appear in court due to age and health issues such as diabetes, heart conditions, and high blood pressure.

Criminal Procedure Code Transition

The notification also addresses the transition between the old and new Criminal Procedure Codes. According to the letter, Section 531 of BNSS-2023 clarifies that while the old Criminal Procedure Code has been repealed, its provisions will still apply to all applications, appeals, trial inquiries, and investigation proceedings initiated before Jul 1, 2024.

The notification also reminds prosecutors of Section 336 of the new BNSS-2023 Act, which allows for another officer of the same rank to testify in cases where the original officer is unavailable due to transfer, retirement, death, or inability to appear. This provision can be applied when there is no dispute regarding the officer's report.

The Additional Chief Secretary of the State Home Department, Director General of Police, and District Magistrates have been informed of these new guidelines.

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