29 May 69

The Raj published the "Instruction of the President of the Supreme Court" on the prosecution of bad faith in criminal cases. Intercept the prosecution of gag.

On May 29, 69, the Gazette, published, Instructions of the President of the Supreme Court on the Prosecution of FIDE in Criminal Cases, 2026 stated.

Since the courts are the essential body to do justice to citizens by acting as the primary mechanism for the equitable and equitable settlement of conflicts occurring in society, the exercise of judicial rights must be in good faith as the cornerstone of the rule of law and social order, and as a guarantee that judicial proceedings will not be used as a tool against such fundamental values. Code of Criminal Procedure, Article 161 / 1, requires that the courts have the power to investigate the exercise of criminal prosecutions within the framework of good faith, not to exploit or persecute one another, and therefore to make the prosecution meet the spirit of the law with prudence, accuracy. And appropriate.

By virtue of section 5 of the Statute of the Judiciary, the President of the Supreme Court issued the following instructions:

Clause 1 Prosecution in bad faith or by distorting the facts; to persecute or exploit the defendant or by aiming for an effect other than the benefit to be achieved by preference to the provisions of Article 161 / 1 shall mean including

(1) Prosecution characterized as vandalism, intimidation, harassment, unfairly shaming or inflicting undue hardship on the defendant in fighting the case;

(2) A lawsuit characterized as pressuring the defendant to commit or refrain from acting for a wrongful gain or to negotiate a lawfully unwarranted benefit.

(3) The prosecution willfully claims an incorrect material fact or conceals that fact.

Article 2 The following circumstances of prosecution shall be considered as reasonable grounds for suspicion of contravention of the provisions of Article 161 / 1.

(1) The case alleges that the case was born in several localities, and that the case was filed with a local court far from the defendant's usual domicile or place of office, without causing ease of evidentiary examination or without benefit of trial.

(2) Prosecution because the defendant is involved in campaigning, demanding or expressing views to protect human rights, natural resources and the environment, consumer rights, labour rights or other public interest;

(3) Prosecution because the defendant disclosed information of corruption or wrongful conduct by law.

(4) Prosecution because of the grounds that the defendant is responsible for determining the plaintiff's guilt in the course of seeking the facts or having a decisive order.

(5) Prosecutions arising from the same ground are multiple cases without justification and are characterized as complicating and unfair to the defendant in fighting the case.

(6) Prosecution because the grounds on which the defendant exercised his or her lawful rights or duties by indictment do not manifest the fact that the defendant acted in bad faith or misconduct.

Article 3 When there are reasonable grounds to suspect that a prosecution contravenes the provisions of Article 161 / 1, the court shall order the plaintiff to clarify and give evidence, and the court may call any other testimony to constitute the trial and make such necessary and reasonable judgments. For this reason, the court may assign the case officer or the court official to examine and gather evidence for trial. In case of the express appearance that the plaintiff contravened the provisions of Article 161 / 1, paragraph 1, the court may dismiss the case from the trial.

Article 4 If the case is on the hearing floor, the court may proceed in accordance with Article 3, Paragraph 1, along with the hearing of the case, and the decision shall be dismissed or stamped as the court thinks fit at the same time.

Article 5 The exercise of discretion in accordance with the provisions of Article 161 / 1, paragraph one, the court shall take into account the circumstances and seriousness of the act pursuant to the indictment, the public interest to be obtained, including the legitimacy and credibility of the judicial process from the proceeding consist.

Article 6 If the defendant claims that the plaintiff is acting in contravention of the provisions of Article 161 / 1, the court shall abstain from or terminate the defendant's plea and proceed with the case without delay. The court shall also issue any other requirement or order to prohibit the conduct of a nuisance or reprieve proceedings.

Article 7 Criminal proceedings in respect other than those specified in this Guide. The court shall base the principle of prosecution on good faith and the principle of proportionality as the basis for exercising discretion in accordance with the law.