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Section 12

The Assam Frontier (Administration of Justice) Regulation,1945State Act of Arunachal Pradesh · Act 1 of 1945

(l) All inhabitants of the Tracts are bound to aid the village authority when required to do so for the maintenance of order of apprehending offenders, and are liable to fine for failing to give such assistance.

(2) such fine if imposed by the village authority shatl not exceed Rs.500*and ifimposed by the [Deputy Commissioner]t or an,[Assistant Commissionerl] shall not exceed Rs. 2000**.

(3) An appeal shall lie from an order passed under subsection (2) by a village authority to the IAssistant Commissionerlz and from an order passed under sub-section

(2) by an [Assistant Commissioner]r to the [Deputy Commissionerl'.

(4) If it appears that the community is to blame and that particular offenders cannot be discoYered, a fine not exceeding Rs.5000*** may be imposed uPon the community by the [Deputy Commissioner]'

(5) Any fine imposed under suLsection (2) or suusection

(4) shall be recovered by distraint of the property of the person or persons on whom it is imposed.

13. without prejudice to any punishment to which he may be Iiable under any other law' a member of a village authority shall, for any misconduct il the exercise of his functions under this Chaptel be punishable with line which may extend to Rs. 1000x*** or with imprisionment ofeither description for a L substituted for 'Political Officer' by NEFA (Admn) Regulation 1965.

2. Substituted for 'Assistant Political Officer' by NEFA (Admn) Regulation, 1965.

Substituted for "Rs- 50", by the Assam Frontier (Administration of Justice) Regulation, 1945 (Amendment) Act, 2005 (No. I of 2005).

Substituted for "Rs. 200" by the Assam Frontier (Administration of Justice) Regulation' 1945 (Amendment) Act, 2005 (No. I of 2005).

Substituted for "Rs. 1000" by the Asszun Frontier (Administration of Justice) Regulation, 1945 (Amendment) Act, 2005 (No. I of 2005).

Substituted for "Rs. 500" by the Assam Frontier (Administration of Justice) Regulation. 1945 (Amendmenl ) Acl. 2005 (No. I of 2005).

Aid to village authorities Punishment of members of a village authority.

58 term which may extend to six months. on conviction by the [Deputy Commissioner]r or an [Assistant Commissionerl] . An appeal shall lie from an order of [Assistant Commissioner], under this section to the lDeputy Commissioner]r.

14. The [Administratorlr may at any time catl for the proceedings in any matter under section I 2 or section 13, and may modify or set aside an order ofa village authoriry passed under subsection (2) of section 12, or an order, original or appellate, passed by the [Depury Commissioner]r or an [Assistant Commissioner]': under either of those sections.

C}iAPTER NI-CRIMINAL PR(rcEEDINGS

15. Criminaljustice, shall be administered by the lDeputy Commissionerlr the IAssistant Commissioner], and the village authorities.

16. The [Administraror]1 may appoint an fAdditional Deputy Commissionerll for the trial of panicular cases when he thinks fit, and may direct that such [Additional Deputy Commissionerlr, shall, for the purpose, exercise all or any of the powers of the I Deputy Commissioner]r .

17. The [Deputy Commissioner]r shall be competent to pass any sentence warranted by la\r.

18. The lAssistant Commissioner], shall exercise any powers not exceeding those of a Magistrate of the lst Class, as defined in the Criminal Procedure Code, with which they may be invested by the [Administrator]r .

1. Substituted for 'Political Officer' by the NEFA (Admirlistralion) Regularion I965.

2. Substituted for 'Assistant Political Officer, bv the NEFA (Admn) Regulation, .l 965.

3. Substituted for 'Governor' by the NEA (Reorgn) Annachal Pradesh ALO 1972.

4. Substituted for 'Additional Political Officer, bv the NEFA (Administration) Regulation I 965.

Revision.

Administration.

Appointment of Additional Deputy Commissioner.

Powers of Deputy Commissimer.

Powers of A\sistant Commissiorer.

59

19. The village authorities may try any case involving any of the under mentioned offences in which the person or persons accused is or are resident within theirjurisdiction :- Theft, including theft in a building' Mischief, notbeing mischief by lue or any explosive substance.

Simple hun.

Criminal trespass or house trespass' Assault or using criminal force.

20. A village authority may impose a fine not exceeding Rs. 3000+. for any offence which they are competent to try' and may also award payment in reslilution or compensation to the extent of the iniury sustained: such fines and payments may be enforced by distraint of the proPerty of the offender'

21. The [Deputy Commissionerlr or an IAssistant Commissionerl'? may order compensation to be paid to any person in a criminal case out ofthe proceeds offrnes imposed il the case'

22. The village authorities shall decide all cases in open Darbar in the presence of at least three independent wimesses and of the complainant and the accused. They are empowered to order the attendance of all the foregoing, and ofthe witnesses to be examined in the case, and to impose a fine not exceeding Rs. 200** on any person failing to atteBd when so ordered'

23. If any person on whom a fine has been imposed by a village autiority fails to dePosit the amount at once, or within such further time as the village authority may allow, the village authority shall send him to an lAssistant Comrnissioner]: to be dealt with in such rnatrner as he may deem frt, unless the accused person g ives notice ofhis intention to appeal against the decision

1. Substituted for 'Political Officer'by the NEFA (Administralion) Regulation I 965.

2. Substituted for 'Assistant Political Offlcer'by the NEFA (Admn) Regutation, I 965 .

* Substituted for "Rs. 50" by the Assam Frontier (Administration of Justice) Regulation, 1945 (Amendment) Act, 2005 (No. I of 2005).

x* Substiluted for "Rs. 50" by the Assam Frontier (Administration of Justice) Regulation, 1945 (Amendment) Act, 2005 (No. 1 of 2005).

Jurisdiction of village authorities.

Powers of village authorities Compen:ation Disposal of cases by village authorities and powers to compel attendance.

Procedure by village authorities after sentence.

60

24. ADy pa y aggneyed by a decision of a village aurhority may appeal within Thirty days*** to the IAssistant Commissionerlr who on receipt of such appeal, shall try the carie de novo.

25. An appeal shall lie from an original decision of an IAssistant Commissioner]' to the lDeputy Commissioner]r.

26. An appeal shall lie to the {High Court| against sentences of three years imprisonment aad upward, and sentences of death or transportation. In other cases there shall be no right of appeal, bur the lHigh Court]r may entertain an appeal [by special leave]a .

Where this provision sits

ActThe Assam Frontier (Administration of Justice) Regulation,1945
Section12
JurisdictionState of Arunachal Pradesh
StatusIn force as published by the source

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