Legal Update: Grand Jury Proceedings under Rule 6
Gujarat High Court Precedents
The Gujarat High Court has held in Criminal Miscellaneous Appeal No 6374 of 2019 that the grand jury only assesses evidence and does not determine guilt or innocence, which is the role of a trial jury at the end of a trial.
Further, in First Appeal No 1098 of 2019, the Gujarat High Court emphasized that not all criminal cases go before a grand jury.
Federal Rule 6
In federal criminal cases, Rule 6 of the Federal Rules of Criminal Procedure governs the summoning, composition, proceedings, and secrecy of grand juries.
Role of Grand Jury
The grand jury's function is to assess evidence presented by the prosecution and determine if there is probable cause to believe that a crime has been committed. If so, the grand jury issues an indictment, leading to the commencement of the criminal case.
Secrecy
Rule 6 maintains the secrecy of grand jury proceedings to protect the integrity of the investigation and prevent bias or intimidation of witnesses.
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