Short note on judicial proceedings. [UPJS 2012, RJS 1976]

Section 2 (i) of the Criminal Proceeding Code defines Judicial proceedings. According to Section 2(i) “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath. 

A judicial proceeding is an action before a court of law that is presided over by a judge. A judicial proceeding is initiated on a party’s request for remedial action to be taken by another. The parties to a proceeding must adhere to the process set out where strict rules apply.

In earlier definitions by the courts, the term judicial proceeding was defined as nothing more or less than a step taken by the court in the course of the administration of justice, in connection with the pending cases.

Judicial Proceedings includes Trial and Inquiry but not Investigation.

In Mayne’s criminal law of India, we find it to be defined as ‘any step in the lawful administration of justice, in which evidence may be legally recorded for the decision of a matter in issue in the case or of any question necessary for the decision or final disposal of such matter’.

The judicial proceedings include any proceeding in the course of which evidence is or may be legally taken on oath. The test of whether a proceeding is judicial that was approved by the Supreme Court in Bharat Bank Case v. Employees of Bharat Bank (AIR 1950 SCR 459) is following.

1. The presentation of the case by each of the parties to the dispute,
2. Ascertainment of the facts by the evidence adduced by the parties if the question is pure of facts,
3. The submission by the parties of legal arguments to ascertain a question of law and
4. A decision disposing of the matter.