Directions Issued to Ensure Compliance with Kerala Criminal Rules of Practice in Cases Involving Convicted Women
In a significant development, the Kerala High Court has issued directions to address the non-compliance with Rule 131 of the Kerala Criminal Rules of Practice, 1982, in the case concerning the conviction of Saranya Valsaraj for the murder of her infant child. The Division Bench comprising Justices Raja Vijayaraghavan V and K. V. Jayakumar admitted the appeal and underscored the necessity for adherence to procedural requirements in such sensitive cases.
The case revolves around Saranya Valsaraj, who has been accused of murdering her breastfeeding child on February 17, 2020. In line with Rule 131, when women are convicted for the murder of their infant children, it is mandatory for the Sessions Judge to provide an opinion on whether the sentence should be reduced. This opinion, along with relevant material papers, is to be referred through the High Court to the Government.
However, the High Court noted a lapse in compliance, as the opinion of the Sessions Judge was not furnished in this case. The Bench referenced the precedent set in "State of Kerala v. Salini, 2010 (2) KHC 145," where similar directions were issued for strict adherence to Rule 131.
The Court directed the Registry to obtain a report from the Sessions Judge on whether the necessary opinion has been forwarded for government consideration. This step aims to ensure that the procedural safeguards designed to protect the rights of women in such grave circumstances are duly followed.
The case is scheduled for further hearing on March 24, 2026, where the compliance report is expected to be reviewed. This move by the High Court highlights its commitment to upholding procedural justice and ensuring that statutory provisions are not overlooked in the judicial process.
Bottom Line:
Directions issued regarding compliance with Rule 131 of the Kerala Criminal Rules of Practice, 1982, in cases where women are convicted for the murder of their infant children - Sessions Judge must furnish an opinion on the propriety or otherwise of reducing the sentence, accompanied by copies of material papers on record.
Statutory provision(s): Kerala Criminal Rules of Practice, 1982, Rule 131
Saranya Valsaraj v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2868343
