The Assam Criminal Law Amendment Act, 1934
#### Ill or 1934] Assam C riminal L aw A mendment A ct

### ASSAM ACT III OF 1934

THE ASS AM C R IM IN A L LA W AM ENDM ENT

A CT , 1934*

[Published in the Assam Gazetlee of the 9th May 1934.]

**Preinshle.**
Whereas it is expedient to supplement the ordi­

nary criminal law in Assam ;

And whereas the previous sanction of the

Governor-General has been obtained under sub-section
(3) of section BOA of the Government of India A ct to
the passing of this Act ;

It is hereby enacted as follows:—

1.(1) This Act may be called the Assam Criminal **Sh ort** **title**

Law Amendment A ct, 1934 • commence-

**’** **raent, extent**

**and** **dura**

(2) It extends to the whole of Assam. **tion.**

(3) This section and section 2 shall come in to

force at once.

          - [The remaining provisions o f this Act, in whole

or in part, shall come into force in such areas and on
such dates as the (appropriate Government) i , may by
notification in the [official Gazette] ? specify and

or this purpose different dates may be specified for
different areas].

**Definition.**

2. In this Ac t, unless there is anything repugnant

**V of** 18»fl. in the subject or context, “ the Code” means the Code

of Criminal Procedure, 1898.

**•F or Statement of Objects and** **Reasons,** **_sit Assam Gazctti_**

**_{ Balraordiiay) dated 9ih M ar ch, 1934 : for Proceedings in Count il,_**
**_stt Assam G antli,_** **1934, Part V I ,** **pages 337— 339,** **869— TOT**

**787— 835, 8 6 1 -8 8 0 .**

**1. Substituted by Assam Act I I of 1986 for the words ‘‘T he**

**rem ain der of the Act shall come into forre in such area and on**
**such date as ths Local G ovrcntn ent may by notification direct”.**

**2. Substituted by the A, O . 1937 for “ L. G ” .**

**». Substituted by the A. O. 1937 “for** **_Assam C a n to " ._**


-----

A ssam C riminal L aw A me nd me nt A ct [A ssam Act

PowtFofthe [ar.d 'th e appropriate Gove. nme nt’ means, in

appropriate relation to any of the matters enumerated in List
to^Tr™c"t V *n die Seventh Schedule to |th e Constitution]!

**trial** by-Central Government, and in relation to any oth er

**Commfe-** jf matter, the [State Government] ’.

3.(1) Th e [appropriate Government]? may,

by order in writing direct that any person accused
ot any offence specified in the First Schedule shall
be tried by Commissioners app ointed under this Act.

(2) No order under sub-section (1) shall be

made in respect of or be deemed to include, any
person who has been com mitted under the Code

for trial before a High Court, but save as afoie-
said an order under that sub section may be made
in respect of. or may include, any person accused
of any offence specified in the First Schedule whether
tl c offence was committed before or after the com­
mencement of the Act.

**Appointment** 4.(1) Commissioners for the trial of persons

**and** quali- under this Act shall be app ointed by the [appro-

**fication of** priate Gevernme nt.][4]
**Comrois-**
**lonen .**
(2) Such Commissioners may be appointed for

the whole of Assam or for any pa rt thereof, or

for the trial of any particular accused person or

persons-

(3) All trials under this Act shall be held by

three Commissioners, of whom at least two shall

be persons who at the time of appointme nt under

three years served as or execised the power of,

Sessions Judges or Additional Sessions Judges, or are
persons qualified [under clause (2) of Article 217 of
the Constitution ] [5] for appointment as Judges of a

High Court.

(4) At any time before the com mencement of

the trial of any person under this Act, the [ap ­
pro priate Government][4] may, by an order in writing

stating the reasons therefore, withdraw the case of
such person from the Commissioners appointed for
the trial and transfer it for trial to three oth er

Commissioners appointed in this behalf.


-----

**OF 1934]** Assam C rime s vl i .aw jVmendmbnt A ct

(5) At any lime in course of trial or befor

com mencement of trial if th accused has any
able app rehension th at lie will not have a fair
the hands of the Commissioners appointed

[appropriate Government]! as aforesaid he shall li­

the righ t to move the [appropriate Go vernme nt][1] for

transfer of the case to three oth er Commissio; ers to
be app ointed by the [appropriate Go vernment.] [1]

5. (1) Commissioners appoin ted under this

may take cognisance of offences without the accused
being com mitted to them for trial, and in trying

accused persons, shall, subject to the provisions of
section 13, record evidence in the manner prescribed
in section 356 of the Code and shall, in other respects

also, subject to the Act and to any rules made

thereunder follow the pro -tM titf p [--]c"cribcd bv the
Code for the trial o f warrant cases by Magistates.

(2) In the event of any difference of opinion

among the Commissioners, the opnion of the majority
shall prevail.

6. (1) Th e Commissioners may pass upon any Powers of

person convicted by them anv sentence authorised by C om rais        -

law for the punishment of the offence of which such s ,o n e r t'

person is convicted.

(2) If any trial under Hi, Act it is found that

the accused person has com mitted any offence

whether such offence is or is not an offence specified
in the First Schedule, the Commissioners may cot vict

such parson of such offence and pass any sentence
authorised by law for the punishm- nt thereof.

#### 4-'J The provisions of the Code, so far only as Application

they are not inconsistent with tlie provsions of, or the [o{] Code

special procedure prescribed by or under, this Act r j Criminal

shall apply to the proceedings of Commissioners Proceedings[0]

appointed under this Act, and such Com missioner of Commis-

shall have all the powers . conferred by the Code on a wooers.
Court of Sessions exercising orginal jurisdiction.

1 Substitute*! by the '. O. I“ 3J for ‘'Local Government” .


-----

Assam Criminal Law A mendment Act [Assam Act,
9

>- **Prcedure** 8. Notwithstanding an ything conta ine d in this

**for trial of** Act or in any other Act—
**coccaccusad**
**who surren­**
**ders** **or** **Is**

**arretted** **af­** (1 ) (a) if after the comm enccmnt of a trial

**ter com mcn-** by Commissioners tinder this Act any
**ccm ent** **o f** person surrenders or is arrested who, in

**trial or con­** the opinion of the [appropriate Govern­
**clusion** **of**

**pt c v i o u t** men t]* might, if he had surren dered or
**dia l.** bt en -rrcsted before the comm encem ent of

th : t.ial, have been tried jointly with the
person- under trial the [app ro pr iate

Gov rrrm n t] * may direct that he shall
beplirc d on his trial jointly with such
«,th.-r nnsnns nt the said trial:

Provided that the name of such person was

included with the names of the persons
under trial in the order under sub-section
(1 ) of section 3 directing their trial o r in
the report under clause (a) of sub-section
(1 ) of section 173 of the Code;

(6) when any petson in respect of whom a

direction has been made under sub-clause
(a) is produced before the Commissioners,
any evidence already recorded in the trial
may be admitted as evidence against him
or in his favour;

(2) in a trial by Commissioners un de r this

Act ol any person who has surrendere d
or been arrested after the conclusion o f a
previous trial under ibis Act at which, in
the opinion of the Commissioners, he

migh , if he had surrendered or been arres­
ted before the com mencement of such

previous trial, have been tried jointly

with the persons then tried any evidence
recoided in such previous trial may be
admitted as evidence against him or in

his favo ur:

Provided that the name of such person was

included with the names of the persons
previously tried jn the ord er under sub­

section (1 ) of section 3 directing their

trial or in the rep ort under clause (a ) of

sub-section (I ) of section 173 of the

Code.

_I_

**•Substituted by the A O.** **1937 for "Local Government” .**


-----

ssam rim inal aw mendment ct

(3 ) where any evidence recorded in the ab ­

sence of the accused person is admitted
under sub-clausc (b), of clause (1) or

clause (2) the Commissioners may on

their own motion recall any witness who
has given such evidence in order that he
may be further examined or cross-

examined and shall, at the instance of the
accused person or his pleader, recall any
such witness for such purpose, unless, in

the opinion of the Commissioners, for

reasons to be recorded in writing, it is
not necessary in the interest of justice that

the witness should be recalled.

(4 ) Th e provisions of this section shall apply —

(i) to the trial of persons who surrendered or

were arrested before the date of the

commencement of this Act, in respect of any
offence for which they have not at such
date been placed on tria l, as well as to
the trial of persons who surrend'-r or are
arrested after that date;

I (if) to the admission of any evidence recorded,

whether such evidence was recorded be­
fore or after the said date i n a trial under

this Act.

9. (1) Commissioners trying an offence under Tender of

this Act may, with a v’cw to obtaining the evidence [P a rd o n] «

of any person supposed to have been directly

concerned in or privy to, the offence, tender a pardon
to such person on condition of his making a full
and true disclosure of the whole of the circumstances
within his knowledge relative, to the offence and to
every other person concerned, whether as principal
or abettor, in the commission thereof.

(2) Where, in the case of an y offence for the

trial of which by Commissioners an ord er has been
made under sub-section (1) of secticn 3, a pardo n
has, before the passing of such order, been tendered
to and accepte d by any person under section 337
of the Code, the provision of sub-sections (2 ) and (3)
of th at section of the Code shall apply as if the accused
person had been com mitted for trial to the Com­
missioners.


-----

80 Assam C riminal Law Amendment Act **[A ssam**

(3) For the purpose of sections 339 and 339A of

the Code pardons tendered under suo-section (0)

and sub-section _(2) shall be deemed respectively_

to nave been .endeted under sections 338 and 337
of the Code.

**exclude'per?** [*) In any rial by Commissioners appointed

«on» or under this Act, the Commissioners may, if they think

**public from fit, order at any** stage of the triul that the public

place of generally or any particular person shall not have

l n a access to, or be or rem ain in, the room or building

used for the trial.

(2) Where in the course of any such trial ti e

[Government] [1] Prosecutor certifies in writ'n g to the

Commission rs that it is expedient in the interests of
the public peace or safety, or of the peace or safety of
any of the witnesses in the trial that the public

generally should not have access to or Ire or remain
in, the room or building used for the trial, the

Commissioncis may order accordingly.

Power to 11. [,) When any accused, in trial by Cont-

d«l with missioners appointed under this Act, has by' his

accused ^ voluntary act rendered himself incapblc of ap pearing
before the Commissioners or resists his production
before them or behaves before them in a pcrsistcnly
dist rderly manners, the Ccmm'ssii.m rs may, at any
stage of the trial by ordets in writing made after
such inquiry as they think fit, dispense with die
attendance of such accused for such period as they
may think lit and proceed with the tri.J in his
absence, provided the accused is represented by a

pleader.

(2) Where a plea is required in answer to a

charge from an accused whose attendance has been
dispensed with under sub-section (1), such accused
shall be deemed to plead not guilty.

1 Substituted bv the A. O. 1950 for “ Crown” .


-----

**_tff 4934]_** **A** **ssam C** **riminal Law** A mendment Act

(3) An order under sub-section (1) dispensing

with the attendance o f an accused shall not affect his
right of being present in person if he has become
capable of appearing or appears before the Commis­
sioners and undertakes to behave in an ordeily

manner.

(4) Notwithstanding anything contained in the

Code, no finding, sentence or order passed in a trial by
Commissioners appointed under this Act shall be held
to be illegal by any Court by reason of any omission or

irregularity whatsoever arising from the absence of any
or all of accused whose attendance has been dispensed
with under sub-section (1).

12. Notwithstanding anything contained in the Special rule

Indian Evidence Act, 1872, when the statement of any d evidence

of 1172 person has been recorded by any Magistrate, such
sta tement may be admitted in evidence in any trial

before Commissioners app ointed under this Act if such
person is dead or cannot be found or is incapable of
giving evidence, and the Commissioners are of opinion
that such death, disappearance or incapacity has been
caused in the interest of the accused.

13. (1) In any trial by Commissioners appointed Special pro -

##### under th u Act, a Commissioner may dictate the Cvi-” [,!on]’ [for]
dence of any witness in narrative form to a stenogra-
pher. typist or clerk, who shall take down the sam e:

Provided that the Commissioners may cause any

particular question o r answer to be so taken down.

(2) Th e evidence taken dow n under jb-section

(1), or a transcript or copy thereof, shall be signed
by the G- mmissioners after they have corrected any
clerical errors therein, and on such signature shall lorm
pa rt o f the record.

##### (3) Notwithstanding anything contained in sec­
 tion 356 of the Code where evidence is recorded in 
the manner provided in sub-sections (1 ) and _(2) it shall_
uvt be necessary for the Commissioners to record any

memorandum of such evidence.

14. The [appropriate Government]* may, by noti- Rule-mak-

fication in the _[Official Ga&Utjt* make rules not_ power*

inconsistent with this Act to provide for all or any of pr iai”[t>P];”L

thc following matters, namely:— **veroment**

(i) the limes and places at which Commissioners

appointed under this A ct may sit ,

         - Substituted by the A. O . 1937 for ' ‘Local Governm ent’*,
f Substituted by the A. O . 1937 for         - J sjsw _Guecile” ._


-----

(n the procedure of such Commissioners in­

cluding the appointment and powers of

their President, and the pro ced ure to be
adopted in the event of any Commissioner
being prevented from attending throughout
the trial of any accused person ;

{Hi) the con duct of and the procedure at trials,

the manner in which prosecutions before

such Commissioners shall be conducted

and the appoiutm ent and powers of per­

sons conducting such prosecutions ;

u'v) the execution of sentences passed by such

Commissioners ;

if) the temporary custody or release on bail

of persons referred to or included in any
order made u nder sub-section (I) of section
3. and the transmission of records to the

Commissioners ; and

**(ti)** any matter which appears to the [appro­

priate Govcrnm entJ [1] to be necessary for 2

carrying into effect the provisions of this

Vet relating to or ancilary , to trials before

Commissioners-

Appeals and 15- ,1.' Any person convicted on a trial held by

**< oa&rm»-** Commissioners under this Act may appeal [th e High

,l *** Court ft i the State of Assam] [i] an d such appeal shall
be disposed of by the High Court in the manner pro ­
vided in Chapter XXXI of the Code.

(2j When the Commissioners pass a sentence of

death , the record of the proceedings before them shall
be submitted to the High Court and the sentence shall
not be executed unless it is confirmed by the High
Court which shall exercise in respect of such proceed­
ings all the powers conferred on the High Court bv
Chaptei XXVII of the Code-

**1 Substituted** by die A- O. **HM? loy ‘ Local Goxernment” .**

2 Sub nituted by the A. (J. 19S0 for ’’the High Cou rt of Ju dic atu re

V illivn in Bengal’


-----

Ill or 19.34] A ssam C bim inai L aw A mendment Act 83

16. (1 ) Where, in the opinion of the [appropri- **P«wer of th e**

ate Governm ent] *, there are reasonable grounds for “PPr°pnate

believing th at any pers on-

**certain «»«-**

(»') is a member of an association of which the P**”

objects and methods include the counnus-
sion of any offence included in the Second
Schedule or the doing of any act with a
view to interfere by violence or threa t **o f**

violence with the adm inistration of jus­

tic e’: or

6») has been instigated or is being controlled by

a member of any association with a viev io
the commission or doing of any such
offence or act : or

(/it) has done or is doing any act to assist the

operations of any such association : or

the [appropriate Governm ent] [*]1 may, after giving the

person or persons concerned such reasonable oppor­
tunity to eiplain hiB conduct as may be practicable, by
« d er in writing, give any or a il of the following direc­
tions, namely, that such person—

(a) shall notify his residence and any change of

residence to such authority as may be

specified in the ord er :

(4 ) shall rep ort him self to the police in such

manner and at such periods as may be in
specified :

(c) shall con duct himself in such manner or

abstain from such acts as mav he so

specified:

(d ) shall reaide or rem ain in any are a so

specified:

(*) shall not ente r, reside in or rem ain in any

area so specified:

                 -

( / ) shall be comm itted to custody in jail ; and

may at any time add to, amend, vary
or rescind any order made under this

section :

_,_

1 MaMtatrc hy the A. O. 107 for “Local Gcvejaunem".


-----

\ s»am C r im in a l L aw A uendmknt A ct [A ssam A ct

Provided that such order shall be reviewed by

the [appropriate Governm ent] i at the end of one year
from the date or the making of the o rder, and shall not
remain in force for more than one year unless upon
such review the [ap propriate Government] [1]23 directs its

continuance.

(2) Th e [ap propriate Government] • in its order

under sub-section (1) may direct—

(./) the arrest without warrant of the person

in respect of whom the ortler is made at
any place where he may be found by any
police officer or by any (servant of the
Governm ent] [5] to whom the order may Ire
directed or endorsed by or under the
general or special authority of the [ap pro­

priate Government! i ;

(i) the search of any place specified in the order

which in the opinion of the [ap propriate
Government] [1] has been, is being or is

about to be used by such person **for** the

purpose of doing any act, or com mitting

any offence, of the nature described in

sub-section (1).

Service of I7 . (1) An order made under sub-section (1) of

ord er* un- section 1G shall l>c served on the person in respect of

**der** section whom it is made in the manner provided in the Code

for the service of a summons, and upon such service

such person shall be deemed to have had due notice
thereof.

(2) If an order made under sub-section (1) of

section 1G is not served personally on the person in

respect of whom it is made, and due diligence has, in
the opinion of the [appropriate Governm ent] been

exercised to effect such service, the [ap propriate Go­
vernment] 1 may, by a notification published in the

(Official Gazette| ■ and in such newspapers as it thinks

fit, direct the said person to appear liefore such (servant
of the Government] 2 at such place and within such

period as may be specified in the notification for the
purpose of receiving the order.

1 Substituted Ey the A. O. 1937 for ' ‘Local G overnment” .

2 “ Servants of the Grown” were substituted for “ officer of the Government” by A.O.

1937 , “Government" again has been substituted for “ Crow n" by A. O. 1*50.

3 Substituted bv the A. O . 1937 for “Assam Gazette” .


-----

**ct** H I **of 1934]** Assam C riminal Law A mendment A ct 85

18. (I) Anv [servant of the Government][1] autho ­ **Power io**

**arrest with**

rised in'this 1 chair by general or special order of the **out** *** war­**

[ap propriate Government) [2] may arrest without war­ **rant**
rant any person against whom a reasonable suspicion
exists that he is a person in respect of whom an
ord er might lawfully be made, under sub-section fl) of
section lb.

(2) Any officer exercising the power conferted by

sub-section (1) may, at the time of making the arrest,
search any place and seize any property which is, or
is reasonably suspected of being, used by such person
for the parpoee of doin g any act, or com mitting any
offence of the nature described in sub-sc tion (1) of
section 16, and may require in writing any police
officer subord ina te to him and not below the rank of
a Sub-Inspector or any officer ill-charge of a police
station as defined in the Code, whether in the same
or a different district or jurisdiction to search any

such place and seize any such property. Th e officer

to whom such requisition is addressed shall thereupon
search the place or places specified in the requisition
and forward the pro perty found, if any, to the officer
at whose request the search was made. The provisions

of the Code, so far as they can be made appli­

cable, shall apply to any sta rch made tinder this
sub-section.

(3) Any officer making an arrest under sub-section

(1) shall forthwith rep ort the fact to the [appropriate

Government | and may. by order in writing, com mit

anv person so arrested to custody [lending receipt of
tile orders o f the [appropriate Government! [2] and the

[appropriate Govern merit] [2] may by general or special
order specify : the custody to which such person

shall be comm itted :

Provided that no pers n shall be detained in cus­

tody under this section lor a period exceeding fifteen
days, save under a special order of the (appropriate
Government) and no person shall in any case be

detained in custody under this section for a period
exceeding two months.

J "Servants of the Crown” were substituted fo r "o ffice r of the Governme nt’! I»y **A*Q-**

1937, "G overn me nt” ngiin has been vibslit'ited for "C rown” by A, O. 1980.

2 Subuintted by the A. O. I W for ‘Local Government’.


-----

Assam C riminal L aw A mendment Act **A ssam Aot**

Eaforcrment 19. fl ) The [ap pro priate Governm ent] I an d every

**or «rj** [jervant ot the Government] 2 to whom any copy of

any order made under section 16 Jias been directed or
endorsed by or under the general or special autho rity
of the (appropriate Government] 1 may use any

and every means neressary to enforce com pliance with
such order.

(2 ) Any officer exercising any **o(** the powers con­

ferred by section 18 may use any and every means
necessary to the. full exercise of such powers.

**Penalties for** 20. ( I} Whoever knowingly and wilfully disobeys

ordeii^uii- [:u i]y direction in an order made under sub-section (1)
denections ° f section 16 shall be punishable with imprisonment

16 and 17 for a term which may extend to three years or with

fine or with both.

(2 ) Whoever fails to comply with any direction in

a notification published under sub-section **(2 )** of section

17 shall,, unless he proves that he had no knowledge of

the notification, or that it was not possible for him to

comply therewith and that he has taken all reasonable

steps to make known to the officer before whom he was

directed to appear the place where he may be found
and the cause which rendered it not possible for him
to comply therewith, be punishable with imprisonment
for a term which may extend to three years nr with
fine or with both.

(3 ) Notwithstanding anything contained in the

Code, any offence under this section shall be a cogni­
zable and non-bailable offence, for which a warrant
shall ordinarily issue in the first instance.

**Power** **of** **2 1 .** (1) Every person in respect of whom an

**photogra-** order has been made under sub-section (1) of section

**phiog etc., jg sh all,** if so directed by any officer authorised in

**Pr«p ect ’of** **[t h i s]** **b eh alf by general or special order of the [appro-**

**whom order** priate Government] 1 —-

**has** **beeen** (a) permit himself to be photographed ;

(4) allow his finger prints to be taken ;

(e) furnish such officer with specimens of his

handwriting and signature ;

(rf) attend at such times and places as such

officer may direc t for all or any of the

foregoing purposes.

**I** **_Su_** **foot note 2 prepagt**

**_i Ste foot note l prepage._**


-----

III **_or 1934]_** A ssam C rimial L aw A mendmentA ct 87

(2)I f any person fails to comply with or attempts

to avoid any direction given iu accordance with the

provisions of sub-section (1), he shall be punishable

with imprisonment which may extend to six months,

         - or with fine which may extend to one thousand rupees

or with both.

22. The power to issue search warrants conferred po w w 0 [, ]

by section 98 of the Code shall be deemed to include **,ea rch.**

a power to issue warrants authorising the search of any
place in which any Magistrate mentioned in that
section has reason to believe that any offence specified
in the First Schedule has been, is being or is about to

be committed, and the seizure of anything found

therein or thereon which the officer executing the
warrant has reason to believe has been, is being or is
intended to be, used for the commission of any such
offence: and the provisions of the Code, so far as they
can be made applica ble shall apply to searches

made under the authority of any warrant

issued under this section, and to the disposal of any

property seized in any such search and an order for
search issued by the [appropriate Government];’ under
sub-section (2) of section 16 shall be deemed to be a
search warant issued by the District Magistrate '

having jurisdiction in the place specified therein, and

may be excuted by the person to whom the order is

addressed in the manner provided in this section.

23. (1) Within one month from the date of an

order by the [appropriate Government]! under sub- ferutto y of
section(l) of section 16, the [appropriate Governme nt][1]
shall place before two persons, who shall be either [J]
Sessions Jud ges or Addition al Sessions Jud ges having,
in either case, exercised for at least five years the

powers of a Sessions Judg e or Additional Sessions

Ju dge, the material facts and circumstances in its

possession on which the order has been based or which
are relevant to the inquiry, together with any such
facts and circumstances relating to the case which

may have subsequently come into its possession, and a
statement of the allegations agaiust the pcison iu

respect of whom the order has been made and his

answers to them, if furnished by him. Th e said Jud ges

shall consider the facts and circumstances and the

allegations and answers and shall report to the [appro ­
priate Go vernment]! whether or not in their opinion
there is lawful and sufficient cause for the order.

(2) On receipt of the said report, the [appropriate

Government]! shall consider the same and shall pass
such order thereon, as appears to the [appropriate

Government]! to be ju st or proper.

1 Substituted by the, A.O . 1937, fo r ’ ‘Local Gov t” .


-----

Assam C riminal Law Amendment Aut [A ssam Act

»

(3) Nothing in this section -hall entitle any

person against whom an order has been made under
sub-section (1) of section hi ( att. id in person or to

appear by pleader in any matter connected with the
reference to the said Judges, and liic proceedings and

rep ort of the said Judges shall be confidential.

^suspend P ' When an order under sub-section (11 of

operation oi •[e] ®t *on 16 has been made again.;' a person, the [appro-

ider under p riate Government]! may at any tone, withou t condi-

sectinn 1C. tlons or upon any conditions which such p> rson

accepts, direct the suspension or cancellation ol such
order.

(2) If any condition on which an o rd er [-] lias been

suspended or cancelled is in the opinion of tb .. [ap pro­
priate Go vernme ntj’ not fulfilled, tl- [app ropriate

Government]! mayjevokc die so..; ensio u or cancel­

lation, and thereupon the person in whose favour

the suspension or cancellation was made may, if at

large, be arrested by any police officer without

warrant, and the order under sub section 1) of section

16 shall be deemed to be in full force.

(3) If the conditions on whit h such suspension or

cancellation has been made include the execution of
a bond with or without sureties, the [appropriate
Government |! may nt once proceed to recover the
penalty of such bond.

(4) A Magistrate ol the first class shali in default

of paym ent of such penalty issue, on - ppli cation made

in this behalfb y ati officer of the [appiopriatc Govern­
ment]! specially empowered, a warrant for the

attachm ent and sale o f the movable property belonging

to the defaulter or his estate if In be bead. On the

issue of such a wa rra nt the provi itms of sub. sections
(3) and (4) o f section 514 ol tlv Code shall apply to

such recovery.

**25.** (I) The [ap propriate Goya nm cu t] ’ shall b y

Lonujoittees o r t j c , w r [i | j] 11[g]                              - a [p p] O [j] n [| ] s u c [i.] p, ,<.,n s 3 ,, f,i

##### to constitute visiting committees for the purposes of this Act, and shall by rules prescribe the functions
which these committees shall exercise.

(2 Such rules shall provide for oeriodical visit ,to

persons under restraint by reason of an order made
uudcr sub-section (1) of section 16.

(3) No person in respect of whom any such order

has been made requiring hint to notify his residence

or change of residence or to report himself to the police
or to abstain from any specified act, shall be deemed
to be under restraint fur the purposes of subsectio n
## PX


-----

II OF 1934J Assam C riminal Law A mendment A ct 39

26. The (appropriate Governor, h | [J] hall make ' e n o n t

to every person who is placed under re st ra in t by u [^]K[j]e r r e s [. ]

reason ol an order un dc i .ib-s > ti n "I cetio n 16, m in t and

a m onthly allowant:t ■ c ' . support ol s • h amount as th eir de pe nd -

is, in die opinion ol die ,.i| •pinpriat ninent], ence.

adequate lor the up ; ly ••• Ld w i may also

make to any rn> m be u of his Family or near . lativcs

who arc dependent on lu. i lor support such allowance
as may seem o the [appropriate. Government]

appro priate in all the < '.rcuicsi.:nccs ol the ease.

_Explanation.-_ In tin , o **mm the expression “ under**

**restraint”** **has the** s.-: n •           - y ■ ■ in ; ' 2.>.

27. Th e [appropri.it ' I •ovi-rutm nt]l may make Power to

atakc rules.

rules providing I’m the procedure ’« be followed

regarding the until.c>'-: n o re i lcn< ind report to

the police l>y persons io ; upect ot oi orders have

been m ade under iectimi 16, d t the place and

manner of custody ol all persons m< ted or committer
to or detained in emtorb under trim . t

Publication
28. AU rules made under this Ac.t shall be of rules.

published in tin G'/l ;. j'-' and on such

publication shall have rfie d as tf enacted in this Act.

29. No suit, pn iecutn n other !■ . d proceeding Bar io suits,

shall lie against air, pc:            - mi tho, which is m l ' ^ [c] ‘^ " t

good faith 'lone m •          - doit y ' je ..j proceed-

Act, and the power. « r,j< t ..-ctiny t-91 ol th togs-

Code shall not b cxi , ; -I          - .sm -i n | any person

arrested, com mitted or detained in custody under
this Act-

_Explanation._ No m re a rs don- a used with

out reasonable oi legitim ate t . .use or care sh all be

deemed as dorn- or used in ; sod I.nth.

, 30. Th e Indian Press ' I uc . cir low ers) Act ,

SX T xxill 1931, shall, in its •pplhat o A .r .c am enn.d

       - 1931. in the following man u :—

(1) Alter section 2 oi dv \c i, me fod ewing sue*

heading and sections shaii          - mse t- d , uam ch

_«_ _Prohibition_ _r f pnbiiraf' n ■>} ft lam information._

2A. Th e [State <              - ; m ,c l |* may, by nod-

fication in the official Gazette, pr< hi bn! l "

cither absolutely or subject to such condi- P £ ” mol

tions and r. striclwox as may be ..epntiecl c c r,aJn ;n ro r.

in the notification, the publication in any uiaiion.

new spaper, book or oth er document ol any

class of information which, in the opinion
of the [State Cover-uiAnt]*, tends lo

create an atm osphere favourable *o the
gaining of adherents to .he terrorist move­

ment. ______ . •'_______

2 Substituted 1 Snbstituled by th e A. () 1937 tor .. ’by t ie A. O 1937 i- r ‘L- O” . -m jt

3 This Act haibcen rrpcn’trl try He press <cbj»x liona “ic

Matter) Act, IgSl (Act 56 of lo t).

« Substituted oy A. O 195° f° [r] ‘rovinuat .ovcmid'.nt.


-----

90 Assam C riminal Law am endm ent A ct [A ssam act

Prohibition 2B. Neither the name n? r the designation nor

Oa([.]m e‘’ any words, signs or visible representations

t»!n wttnes- disclosing ihc identity of any witness in

, r i a trial by Commissioners appoin ted under
the Assam Criminal Law Amendment

Act, 1931, shall, without the permission

of the Commissioners, or, alter th e termina ­
tion of the trial, without the permission
of the [ Government by which the Commis­

sioners were appointed] 1 be published in

any newspapers, book or other docum ent.

(2 j In sub-section £1) of section 4 of the Act

after clause (») the following words and clauses shall
be inserted, namely:—

“ or which
(j) give any information in con travention of

a notification under section 2-A, or

(4) disclose the identity of any witness in

contravention o f the provisions of section 2 -B .”

‘or r r t r **[;]?"**                                    - [3] '' Whoever knowingly has in his possession

uf certain any newspaper, book or oth er document—

proh ibite d

dosuiacntt. (n \ die importation of which has been prohibit- VIII of

ed under the Sea Customs Act, 1078, or 1878,

(/> copies w hcre ol have been declared to be

forfeited to [Government] 3 under any law
for the time being in force,

shall be punishable with imprisonment which nsay
extend to three years or vith ft .c or with both.

Penalty f»e “02 Whoever lias in his possession any news-

fouemon v!p aper book or othe r do cument wfci h co ntains any

dotumcou w o r [ds> signs or visible representations which—]

iM ll ln g to or
nDcouragln;

ihs cw nm ii-
'»n of eei- incite to or encourage, or tend to inc ite XI of 1878,

i«ln oSeaecs- to or to encourage, the commission of 1?0 8

any offence of murder, robbery, dacoity,
or criminal intimidation, or any offence

punishable under the Indian Aims Act;
1878, the Explosiva Substances Act, 1908,
or under sections 121, 122 A, 124

326, 329, 332, 386, 399, 400, 402, 435,

436,440, or 457, *f the Indian Penal

______ Code ;_____________________ _______________

1. Substituted by the A. O. 1937 forOJL. G.'!

2. Sections 31 io 35 inserted b> Assam Ast \ 11 o f 1933.

3. Sub » lu ted fo r ‘ His M ajes ty” by ibe A . 0 , 19 j0.


-----

**i n 07** 19341 A ssam Criminal L aw Ampxdmext A<n 91

or

(A) directly or indirectly express approval or

admiration of any such offence in i man­
ner likely to encourage the commis ion

of the offence,

shall, unless he proves that he had such newspaper,
book or document in his possession —

(i) in circum stances indicating that he did

no t intend that it should, and did not

know th at if could, be used for the

purpose of disseminating any doctrine

ten ding to furthe r or encourage the

terrorist m ovonrn t; or

_(it) for the. purpose of Zww //</r research or_

study n ot connected with the furtherance
or encouragement of the terrorist move­

ment,

be punishable with imprisonment which mav

extended to three years or with ‘fine' or both.

XXIII of “ 33. In section 31 and 32, 'bo ok', ‘document’ Meaning of

1931. and ‘newspaper’ have the some meaning as in clauses “ book”

(1) (2) and 5) respectively of section 2 o f the Indian “ do cu men t"

Pres. (Emergency Pow ers) Act, 1931. " j y          -

“34 (11 No Court shall ake c.ongnizance of Cognisance

an offence punishable under section 31          - o f op ened

, under sec-

section 32 except upon co i plaint made

tio n i 31 and

ord er of or under autho rity frot the [ap propriate 32.'

Governme nt][1] or a District Magistrate empowered by
the [appropriate Governm ent]' in this behalf.

**(2)** No complaint shall be made un de r sub­

section (1) unless the [appropriate Go vernme nt]’ or
the District Magistral-, as the case may be—

(n) is satisfied th at the newspaper, hook of

document in respect of which the offence
is alleged to have been committed con­
tains words, signs or visible representa­

tions which tend to furth er or encourage
the terrorist movement or the commission
of any offence in connection with that

mov em en t, and

(4) is of opinion that the person alleged lo

have committed the offence—

(1) intended th at the new spaper, Ijook or

document should, or knew that it could
be used for the purpose of disseminating

any doctrine tendin g to furthe r or encour­
age the terrorist mov em en t, or

(l») is a person to whom the provisions of sub­

section (1) of section 16 of the Assam

**A u aa Act** Criminal Law Amendment Act, 1914, ar

**i n of 1935.** applicable.

1, SubUituted by the A O. Ii|7 f* i '<L,


-----

92 Assam Crim inal Law Amendment Act [Assam Aa

                                  - ence « “35. Notwithstanding anything contained in the

under

see‘ Code, an offence punishable under section 31 or

sttttioe 3J°ta*[e c ,] *o n 3 2 ‘'hall be cognizable and bailable ."

b e cognizable

» ” d bailable. T he First Schedule

(See _Section 3 and 6)_

Any of Ik following offences, if in the opinion

of the [ap propriate Go vernment] [1] there are reasona­

ble grounds for believing that sucih oflence has been

comm itted by ;■ member, or a person controlled o r

instigated by a member, of any association of which

the objects or methods include the commission of
anv of such offences, na mely:—

(a) any offence punishable under any of the

following sections of the Indian Penal XLV of

Code nanielv, ections 121. 121-A, 122 [,8 W]                                     -

123, 118, 216, 302, 304. 326, 327, 328,

329, 32. 333, 364, 385, 386, 387, 392

394. 393. 396, 397, 393, 399, 400, 401,’

<02 431, 435, 436, 437, 438, 440, 454

455, 457, 459, 460 and 506 ;

(ft) any offence under the Explosive Sub-

stances Act, 1908. VI of 1908

(c) any offence under the India n Arm s **Act, X Io ft l7 l**

1878 :

_(d any atu rnpt or conspiracy to_ comm it or

any abe intent of, any of the above offences.

T he Second Schedule

(See _Section 16}_

(1) An v offence punishable under any of the A ct x l [ y ]

following sections of the India n Penal o f i860?

Code, namely, section 121. 12i-A, 122,

123. 148. 216, .302, 304, 326, 327, 329,

33-’, 333. .392, 394, 395, 396, 397, 398,

399, 400, 401, 402, 431, 435, 436, 437,

438, 440, 457, and 506.

(2) Anv offence under the Explosive Sub-

stances Act, J90C. V I o f 19°8 ’

(3) Any -lfenc e under the Inidan Arms Act, x i of l«7(

1878.

(4) Any attempt or conspiracy to com mit, or

anv abetm ent of. any of the above

offences.

1 Su bitihtted by the A. O. 1937 for "L .G ” .


-----

