r/~ 28 ·-io. 28 Registe-red No. A· 12 ..
The Assam Gazette "l}flCfRICf BXTRAORDIN ARY r ~lCf9j<:, <f,_~MR, 8 t~~(lf<'fl', 1934, 19 .:rt~, 1905 (Xf<!') ~ispur, Wednesda'.y, 8th February, 1984, 19th · fagha, 1905 (S. E.)
--- -·-- ·---------------- --- -- ·-- --- - ---- GOVERNMENT OF ASSAM • ORBERS BY rrHE GOVERNOR LEG)SLATIVE DEPARTMENT: LEGISLATI\'.:E BRANCH I - · ~· '. ·~ ·~ -~ ~ .. :.: ;::~ 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.
• I 196 'r!IE ASSAM GAZETTE, EXTRAORDINARY, FEB. 8, lt84 ·- - ------- ----------------- -------- 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 Magil?trate in the State of Assam ; and
(c) words and expressions used herein and not defined in the .Code shall have the meanings respectivelv assigned to them in the Code.
if"' ·r,.k· · · ~ Conferment 3 r1) of tem-,o- · .\ Notwitpstanding anytping to. the contrary contained in the ·Code, the Executive .
Magistr;:ites may, in-addition tp the Judicia~ -Magistrates, exercise powers ·of ,, remand under Section 167 of the Code. ; ·1~ 1 ' rary powers on Executive Magistrates.- THE ASSAM. GAZETTE, EXTRAORD1 ~-1ARV, .-FEB. ·8, I 984 · J~7 _ _...,.,, ·-~ ·---- ---- _ ________ ...........
'(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 :
·J ·j .•. ~ "' • • l 45 of 1860.
(a) offences under the Indian Penal Code. or · ·any 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. .
45 of 0
1830.
(b) other ·offences, · ·being qffences pun'.ishable under Chapter VIII · (Offences against the public tranqutlity}, · and Chapter X (Con tempts of the lawful · authority of public servants), ·of the Ind]an I?enal Code:
·~ I ·. '
(3) For the pur pose of this Section, the Code shall have· effect subfecf to the modifications ·specified in the Schedule .. and subject to' . such: . other . modificatfons ~ ' . as may be necessary:
"/ (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!Dent 4 In Section 197 of the Code·-to Section · . .
-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 substituted ·: · ·
(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 substituted: · ·
(c) after sub-section (4), the following sub sections shall be inserted, namely :- ' • ' 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 . ' - \ i98..._ THE '.ASSAM GAZE'l'TE, EXTRAORDINARY. FEB 8, 1984 .
.. any class or category specified under sub-section (3) alle~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.
;iiN ' ~"'."~ • ':·~i·~·· .
(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 ring the appeal within the said peri'od.
j ~ ~ - THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 8; 1984 . 199 - ·-·------- ·--- . ---~ ·---- "Power to ~rant bail.
(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:-
439A. (1) Notwithstanding 1 anything 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 i • I ·200 THE ;.A,SSAM· GAZETTE EXTRAORDINARY· · FEB ·8 ·198.4 -----:---- .........____ ____ '_ .. ~~--·--~-. .
j •.
/ 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 ·g1~1ilty 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, See Section 3(.3) . Modifications in .the .Code.
1. In Section 167 of the Code :- '· . ,,
(a) in sub-section fil .
"Judicial Ma§2:ist:rate" as reference also ,to the reference to shall -be construed Executiv~ Magistrate; '
(b) in sub-section (2) :- _(i) for the word ,;Magi'st~ate" at the first two places where -that word :s ureced ·ed · by the. definite article. the words ".Judicial Mai?:istrate or the EX-ecutive .Magistrate, as the c~se may be.," shaU be substituted ; .
I 'I;'HE: ASSAM GAZE'l'TE, EXT~AORDINARY, FEB. 8, 1%4 20i ·--- -.'------~- ,,- ., ~ -
(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. ' "· I· ' , . . I ..s . .. ~ • ,. \
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 ·code·, 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 .
\ I ' 202 THE ASSA~ GAZETTE, EXTRAORDINARY, F;EB. 8, i984 -···--------· ____.,-- - - . - - ...> 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 1 words "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.
--.-.-- ..... ~----·-J -· -·-.--.---- GAUHATI-Printed and published bv the Sundt i/c., As~am Govt, Printing Press (Ex-Gazette) No 55 ·- 1,040-800-8-2-1984, • ' .·