The Code of Criminal Procedure (Assam Amendment) Act, 1966
Th e 4th July 1966

No.LjL .31/65/40.—The following Act of the Assam Legislative Assem­

bly which received the assent of the President gis hereby published for
general inform ation.

ASSAM AC T XX OF 1966

**(Received the as se nt of the Pr esiden t on the 29th Jane, 1966**

**THE CODE OF CRIMINAL PROCEDURE (ASSAM AMENDMENT)**

**ACT, 1966**

[Published in the _Assam Gazette E xtraordinary, dated the 5th Ju ly 1966]_

**An**

#### Act

 further to amend the Code of Criminal Procedure, 1898 in its
 application to the State of Assam

Preamble. Whereas it is expedient further to amend the Code Act No.5 of

of Crim inal Procedure, 1898 (hereinafter referred to 18 98 »

as the Code) in its app lication to the State of Assam,
for the purposes and in the manner hereinafter a p­
pearing ;


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It is hereby enacted in the Seventeenth Year of the

Republic of India as follows:—

Short title, T (!) This Act may be called the Code of Criminal

extent and Procedure (Assam Amendment) Act, 1966.
commence­

ment.
(2) It shall apply to the State of Assam.

(3) It shall come into force on such d ate as the

State Government may, by notification in the Official
Gazette, appoint.

Amendment 2. In section 10 of the Code, in sub-section (2),— (1)

ef section 10 for the words “a n Additional District Magistrate”

°r 5 o c c u r r in S between the words “be” and “an d” the

0 ' '• words “ one or more Additional District Magistrates”
shall be substituted ;

(2) for the wcrds “such Additional District Ma­

gistrate” occurring between the words “a nd ” and

“ shall” the words “an Additional District Magistrate”
shall be substituted.

Substitution Tor [s e c] don 22 of the Code, the following shall be

of section 22 substituted, namely: —

of Act No .5
of 1898.

“ Appoint- 22. Th e State Government may, by notification

men tof Jus- in the Official Gazette, appoint for such period as may
tices of the be specified in the notification and subject to such
Peace. rules as may be made by the State Government, any
person who is **a** citizen of India and as to whose
integrity and suitability it is satisfied, to be a Justice

of the Peace for a local area to be mentioned in the
notification, and more than one Justice of the Peace
may be appointed for the same local area.

**Exp lanation—In this section and in section 22A and**

228, “local area” means—

(a) in a Municipality, a ward as notified under Assam Act

the Assam Municipal Act, 1956, and XV of 1957.

(b) elsewhere, the area included in a police

station,”

Insertion of 4. After section 22 of the Code as so substituted the

sections 22A following shall be inserted as sections 22A and 22B,
and 22B in namely :—
Act No.5 of
1898.

“ Powers of 22 A. (1) A Justice of the Peace for any local area

Justices of shall, for the purpose of making arrest, have within

the Peace. s u c [h area ail the powers of a Police Officer referred to ]
in section 54 and of an officer-in-charge of a police
station referred to in section 55.


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(2) A Justice of the Price making an arrest in

exercise of any powers under sub-section (1) shall,
forthwith take or cause to be taken the person arrested

before the officer-in-charge of the nearest police

station and furnish such officer with a rep ort as to
the circumstances of the arrest. Such officer shall

thereupon re-arrest the person.

(3) (i) A Justice o f the Peace for any local area

shall have power within such area, to call upon any

member of the police force on duty or any Home

Gu ard , to aid him—■

(a) in taking or preventing the escape of any

person who has participated in the

commission of any cognizable offence
or against whom a reasonable com plaint
has been made or credible information
has been received or a reasonable sus­
picion exists of his having so participated,

(b) in the prevention of crime in general and,

in particular, in the prevention of a
breach of the peace or a disturbance of
the public tranquillity.

(ii) Where a mem ber of the police force on

duty or any Hom e Guard has been called-upon to
render aid under clause (i), such call shall be

deemed—

(a) when made upon a mem ber of the police

force, to have been made by a compe­
tent authority,

(b) when made upon a Home Guard, to have Assam A c t

been made by a competent authority X X I V o f
calling upon the Home Guard for duty 1947.
under sub-section (1) of section 7 of the
Assam Home Guards Act, 1947.

_Explanation— In this section the expression “Home_ Assam Ac»

Guard” will have the same meaning as in the Assam X X IV of
Hom e Guards Act, 1947. 1947.

(4) A Justice of the Peace for any local area may,

in accordance w ith such rules as may be made by the

State Government,—

(a) issue a certificate as to the identity of any

person residing within such area, or

(b) verify any document brought before him

by any person, or


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(c) attest any such document required by or

under any law for the time being in
force to be attested by a Magistrate,
and un til the contrary is proved, any
certificate so issued shall be presumed
to be correct and any document so verb
fied shall be deemed to be duly verified
and any document so attested shall be
deemed to have been as fully attested
as if he had been a Magistrate.

l' u ti e s of 22B.(1) Subject to such rules as may be made by

hsti cesof the State Governm ent, every Justice of the Peace for

ti t Peace, a n [y J]o c a [J ] a r e a [ sh a ll—]

(a) on receipt of information o f the occurrence

of any incident involving a breach o f the
peace, or of the commission of any
offence within such local area, forthwith
make inquiries in to the matter and re­
port in writing the result of his inquiries

to the nearest Magistrate and to the
ofiicer-in-charge of the nearest police

station ;

(b) if the offence referred to in clause (a) is

a cognizable offence, also prevent the
removal of anything from or the inter­
ference in any way with, the place of
occurrence of the offence ;

(c) when so requested in writing by a Police

Officer making an investigation under
Ch apter XIV in respect of any offence
com mitted within such local area,—-

(i) render all assistance to the Police Officer

making such an investigation,

(ii) record any statement made under expec­

tation of death by a person in respect
of whom a crime is believed to have
been committed.

(2) The provisions of sub-section (2) of section

164 relating to the manner of recording statements

shall, as far as may be, apply to the recording of a
statement under sub-clause (ii) of clause (c) of sub­
section (1) as if the statement were recorded by a
Magistrate of the first class.”

# k


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Repeal of 5. Section 25 of the Code is hereby repealed.

Section 25

of Act No.5

ol 1898-

Powers of 6, Notwithstanding anything in this Act, t!te

Magistrate. g t a t e Government may invest any Justice of the

Peace with powers of a third class Magistrate to try
such offences as may be prescribed.

Power to 7. (!) Th e State Government may, by notification

make rule. i n t h e [ Official Gazette, make rules for carrying out]

the purposes of this Act.

(2) Every rule made under this section shall be

laid as soon as may be after it is made, before the
Assam Legislative Assembly while it is in session
for a total period of fourteen days which may be
comprised in one session or in two successive sessions,
and if, before the expiry of the session in which
it is so laid or the sessions imm ediately following

the Assam Legislative Assembly agree in making any
modification in the rule or the Assam Legislative

Assembly agree that the rule should not be made,
the rule shall thereafter have effect only in such

modified form or be of no effect, as the case may
b e ; so however, th at any such modification or

annulment shall be without prejudice to the validity
of anyth ing previously done under that rule.

B. SARMA,

Secy. to the Govt, of Assam,

Law Departm ent.


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