LexThe CODE OF CRIMINAL PROCEDURE (ASSAM AMENDMENT) ACT, 1983
Assam · state statute
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The Assam Gazette
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BXTRAORDIN ARY
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~lCf9j<:, <f,_~MR, 8 t~~(lf<'fl', 1934, 19 .:rt~, 1905 (Xf<!')
~isp ur, Wednesda'.y , 8th February, 1984, 19th · fagha,
1905 (S. E.)
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GOVERNMENT OF ASSAM •
ORBERS BY rrHE GOVERNOR
LEG)SLATIVE DEPARTMENT: LEGISLATI\'.:E BRANCH
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NOTIFICATIO~ ,
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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 GAZETT E, EXTRAOR DINARY, FEB. 8, lt84
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f : . :. -. ', "'. "ASSA M; 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
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to confe r, 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 temporar y 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:-
Shor t title , 1. (i) · This Act m~y be called The Code i of
exte nt and Criminal Procedure . r Assam Amendment) comm ence- \
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· · · ~
Conferm ent 3 r1) of tem -,o- · .\ Notwit pstanding 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 Ex ecutive
Magistrates.-
THE ASSAM . GAZETTE, EXTRAORD1 ~-1ARV, .-FEB. ·8, I 984 · J~7 _ _...,.,, · -~ ·---- ---- ___ ______ ...........
'(2) Notwithst-anding anything contained in the
Cod e, 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 :
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45 of 1860.
(a) offences under the Indian Penal Code . or ·
·any oth er Law _for the ! time being in
"force pun ishable with imp:i;.isonment which
may extend ' to six months or with fine or
with both. .
45 of
0
1830.
(b) other ·offenc es, · ·being qffenc es 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:
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(3) For the pur pose of this Section, the Code
shall have · effec t subfecf to the modifications
·specified in the Schedul e .. and subject to'
. such: . oth er . modific atfons ~ ' . 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 subs-
tituted ·: · ·
(b) in sub-s ection (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 :- '
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:' (5). -Nohvithstand ing 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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i98..._ THE '.ASSAM GAZE'l'TE, EXTRAORDINARY. FEB 8, 1984 .
.. 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.
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(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.
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THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 8; 1984 . 199
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"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,
name ly:-
439A. (1) Notwithstanding 1 anything
con taine d in this Code. no person-
(a) who, being accused or suspected of
committi r 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 Sub stances 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
committin g 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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·200 THE ;.A,SSAM· GAZETTE EXTRAORDINARY· · FEB ·8 ·198.4 -----:-- -- .........____ ____ '_ .. ~~--·--~-. .
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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 ·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.', ~
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THE SCHEDULE ,
See Section 3(.3)
. Modifications in .the .Code.
1. In Section 167 of the Code :-
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(a) in sub-section fil.
"Judicial Ma§2:ist:rate"
as reference also ,to
the reference to
shall -be construed
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
·ed · 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 20i ·--- -.'------~-
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~ -(ii) for the word "Magistrate", . at the place
,where that word is preceded by the
.:-indefinite art icle "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 Magis trate 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. '
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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 .
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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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