The CODE OF CRIMINAL PROCEDURE (ASSAM AMENDMENT) ACT, 1983
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##### The Assam Gazette

###### "l}flCfRICf
 BXTRAORDIN ARY

r/ ~ 28 ~lCf9j<:, <f,_~MR, 8 t~~(lf<'fl', 1934, 19 .:rt~, 1905 (Xf<!')

          - io. 28 ~isp ur, Wednesda'.y, 8th February, 1984, 19th · fagha,

1905 (S. E.)

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GOVERNMENT OF ASSAM

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 ORBERS BY rrHE GOVERNOR

LEG)SLATIVE DEPARTMENT: LEGISLATI\'.:E BRANCH

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NOTIFICATIO~ ,

                                                                                                     -                                                                                                      -

The 8th February 1984 '

No.LGL.58/83/79.-The following Act of the 'Assam Legislative

Assembly which received the ass.ent of the President is hereby
published for general information.


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196 'r!IE ASSAM GAZETTE, EXTRAORDINARY, FEB. 8, lt84

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f : . :. -. ', "'. "ASSAM; ACT NO. III OF 1984.

(Received the assent of the President on 19th January, 1984.)

###### . ' '
THE CODE OF CRIMINAL PROCEDURE (ASSAM

AMENDMENT) ACT, 1983.

'An

Act

,, 1

to confer, in vi;ew of the extraordinary circum-
stances prevailin,g in the State of Assam, certain
powers .under the Code of Criminal Procedure Act
of 197.3,.. on Executive Magistrates in the State for
a temporary period, and to amend certain provi-
sions of the Code of Criminal Procedure Act, 1973
(Act 2 of 1974) in its application to the State o!

Assam ..

###### It is hereby. enacted in the Thirty-fourth Year of the Republic of India as follows:-

Short title, 1. (i) · This Act m~y be called The Code i of
exte nt and Criminal Procedure . r Assam Amendment)
commence- \

ment. Act, 1983.          -

(ii) It shall come into force at once.
(iii) It extends to the whole of the State of
Assam.
Dehnitions. 2. In this Act unless the context otherwise
###### requires .

(a) "Code" means the Code of Criminal Proce-
dure, 197 3 in its application to the State of
Assam ;

(h) "Executive Ma:gistrat@' ~ means an Executive

       - I Magil?trate in the State of Assam ; and

(c) words and expressions used herein and not
###### defined in the .Code shall have the meanings
_if"'_ _·r,.k·_                                                        - · ~ respectivelv assigned to them in the Code.

Conferment 3 r1)
of tem-,o-           - .\ Notwitpstanding anytping to. the contrary

rary powers contained in the           - ode, the Executive .
on Executive

Magistrates.- Magistr;:ites may, in-addition tp the Judicia~

-Magistrates, exercise powers                - f ,, remand
###### under Section 167 of the Code. ; ·1~ 1 '


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                                                                                       -

'(2) Notwithst-anding anything contained in the
Code, the Executive Magistrates shall, to

###### the exclusion of any other Magistrate, have power , to fake· cognizance of, and try and

dispose of cases relating fo :

                                                             -                                                             - .•. ~ "'                                                             -                                                             - l

45 of 1860.
(a) offences under the Indian Penal Code. or                -

               - ny other Law _for the _!_ time being in

"force punishable with imp:i;.isonment which
###### may extend' to six months or with fine or
 with both. .

(b) other ·offences, · ·being qffences pun'.ishable

###### under Chapter VIII · (Offences against the
public tranqutlity},              - and Chapter X (Con-

0 tempts of the lawful                                    - authority of public

45 of 1830.

###### servants), ·of t he Ind]an I?enal Code:

                                                                                                - '

(3) For the pur pose of this Section, the Code

shall have· effect subfecf to the modifications

              - pecified in the Schedule .. and subject to'

. such: . other . modificatfons ~ ' . as may be

###### necessary:

                      - _I_ "/ (4) Notlifog' in this Section ~hall apply to cases

###### relating to offences taken cognizai).ce of
 under the ·Code· - before the commencement

                          - · of 'this Act:                          -

Amend!Dto Section ent 4 · In Section 197 of . the . Code·-

-197.          - \

{a) in sub-section (1), for the words "in the

.. . ~                                                   - **discharge· of" th.e words "in or** **in** **conn_ec-**

1 .. •                       - tion with the discharge of" shall be subs-

###### tituted ·: · ·

(b) in sub-section _(2) ,_ for the words ~'in the

discharge of" the words "in or in connec-
tion with the <l1scharg~ of" shall be subs-
###### tituted: · ·

(c) after sub-section (4), the following sub-

sections shall be inserted, nam ely :- '

                             - ' _r_ , ' r . J(• ;"" ,...;}"'~ ]''11'

:' (5). -Nohvithstanding anything contained in this

.;. .. **Code,-**               - . ·,

(a) where a comofaint is made to a ~ourt

against· a _pu b_lic_ servant belonging to

###### . '


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###### any class or category specified under
..
sub-section (3) all e~ing that he has
committed an offence, the Court shall
postpone the issue of process .against
###### the accused and make a reference to the State Government ; or

(b) where an accused, either by himself or
###### through a pleader, claims · before a Court that he belongs to any class or
category specified under sub-section
.(3) and that the offence alleged to have
been committed by him arose out of
a-ny aetion taken by him while acting
###### or purporting to act · in or in connec-
tion with the discharge of his official
dutv. the Court shall forthwith stay
###### further proceedings and make a ref e- -

rence to the State Government.

(6). (i) Where a reference is received from a
###### Court under sub-section (5), the State
 Government shall issue a certificate to the Court that the a:ccused person was or was not. acting or purporting to act
in, or in connection with the discharge
###### bf his official duty.

(ii) If the State Government certifies that the
accused was acting or purporting to act
###### in · or in connection with. the discharge
of his official duty, the Court shaU

dismiss the complaint or discharge the
###### accused:

 Provided that the complainant may, within sixty days from the date o;f ·the

issue of such certificate prefer an appeal
to the High Court against the Certificate :
###### Provided 'further that the ;Eligh Court may entertain the appeal after the ex- piry of the said period of sixty days if it
is satisfied that the appellant was pre-
###### vented by sufficient cause from prefer-

_;iiN_ ' ~"'." ~                           - ring the appeal within the said peri'od.

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(iii) If the State Government certifies .that the

accused was not acting or purporting to
act in or in connection with, the dis ..
charge of his official duty, the Court may

proceed further with the                - complaint in
accordai.1ce with the provisions ,of this
Code.

(7) The provisions of sub-sections (5) and
(6) shall apply to all proceedin~s. pend-
ing on the date of commencement                  - of

this Act in respect of which a Court
had taken cognizahce of c:.n offence

in accordance with the provisions of this
Code."

5. After Section 439 of the Code, the follow-

ing shall be inserted, as a new Section 439A,

namely:-

"Power to 439A. (1) Notwithstanding 1 anything

~rant bail. contained in this Code. no person-

(a) who, being accused or suspected of

committir g an offence u.nder an.;,, of the

following Sections. namelv. Sections 120B,.

121, 121A, 122, 124A, 153A, .302, 303, 304,

307, 326, 333, 363, 364, 365, 367, 368, 392,

394. 395, 396, 399, 412. 431, 436, 449, and
450 of t'(!e Indian Penal CodP., 1860.

SE'ctions 3,4.5. and 6 of the                  - Indian
Explosive Substances Act, 1908. and

Sections 25, 26. 27, 28, 29, 30 and 31 of
the Arms Act. 1959 is arrested or app- ·
ears or is brou,ght before a Court: or

(b) who, having any reason to believe that

he may be arrested on an accusat~on of
committing an offence as               - sp10cified in

clause (a) has applied to the High Court
or Court of Session for a direction                  - for
his release on bail in the eve1:t of his

arrest. shall be released on hail, . 01· as

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###### the case may be; directed· to be released
on bail; .except on one or more of the

following grounds; namely:-

' (i) ·that the Court including the High

Cour-t · or the Court of Session. for

                             - reasons to be :recorded in writi'.i'J~ is
satisfied that there are reasonable
grounds for believing that such
person is not                - 1~1ilty of any ' offence

specified in clause (a) ;

(ii) that such person is · under the age _nf_

sixteen years or a woman or a ·sick

or an infirm person ;

(iii) that the court including High Court
or .the Court- cf Session. fo1· reasons
to be recorded in 'writing· is satisfied
###### that there are exceptional and · suffi-
cient grounds to release O!' di.feet the
release of the accused on bail.',~ .........                  - p :.:·-;· -~

'·

THE SCHEDULE,

j                           -

See Section 3(.3)

. Modifications in .the .Code. . ,,

1. In Section 167 of the Code :-

(a) in sub-section fil. the reference to

###### "Judicial Ma§2:ist:rate" shall -be construed

as reference also ,to Executiv~ Magis-

###### trate; '

(b) in sub-section (2) :-

_(i) for the word ,;Magi'st~ate" at the first

###### two places where -that word :s ureced-

                - d· by the. definite article. the words

".Judicial Mai?:istrate or the EX-ecutive

.Magistrate, as the c~se may be.," shaU

###### be substituted ; .

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'I;'HE: ASSAM GAZE'l'TE, EXT~AORDINARY, FEB. 8, 1%4 _20_ _i_

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(ii) for the word "Magistrate",. at the **place**

,where that word is preceded by the

.:-indefinite article "a", the words · and

. _brackets "Magistrate (whether Judicial

.or Executive)" shall be substituted ;

.,

(iii) paragraph (c) of,,.A:he TJroviso shall be
###### omitted;

,,-

(c) Sub-section: (2A) shall be omitted:-

(d) in sub-section (4), for the words "to the
Chief Judicial Magistrate,'~              - the· words              -

###### ''where such Magistrate is a Judicial

Magistrate, to the Chief Judicial Magis-
###### trate. and where such Magistrate is an

Executive Magistrate to the Session

###### Judge" ·shall be substituted. '

"· _..s I·_ . .. ' , . . ~                                                                                                                               - ,. I \

2. In Section 190 of the Code, in sub-section
(1 ), after· th~ words "any Magistrate of the first
class" the words "any Executive           - Magistrate"

###### shall be inserted ;

3. In Section 191 of the                 - ode·, j;he reference
to "Chief Judicial Magistrate" shall, in relation
###### to an offence taken cognizance of by an Ex.ecutive
Magistrate, be construed as a reference to the
District lV[agistrate.

4. In Section .192 of the Code :-

{i) in sub-section (1), after . the word "Ahy' [1 ]

: ""· the words "District Magistrate" shall be
###### inserted; ·

"
(ii) sub-section (2) shall be substituted as
###### follows:-

. "(2) Any Sub-divisional Magistrate or

                        - Magistrate of the' first class empower-
###### ed in this behalf . by District Magis-

. trate or Chief Judicial Magistrate. as

###### the case m_ay be; may,. after taking .

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_202_ THE ASSA~ GAZETTE, EXTRAORDINARY, F;EB. 8, i984

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cognizance of an pffence, make over
###### the case for enquiry or trial to such other competent Magistrate as the
District Magistrate or Chief Judicial
Magistrate may, by general or special

or~r. specify, and thereupon such

Magistrate may hold the enquiry or
**trial.**

5. In Section 374 of the Code, in clause (a) of

sub-section (3) .. for the 1words "Magistrate of the

first class, or of the second · class," the words

"Magistrate of the first class. Executive Magis-
###### trate ot a Magistrate of the second class." shall

be substituted.

MD. SAADULLAH, .

Secretary to the Govt. of Assam,
Legislative Dep~rtment.

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GAUHATI-Printed and published bv the Sundt i/c., As~am Govt, Printing Press

(Ex-Gazette) No 55 ·- 1,040-800-8-2-1984,

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