The Code of Criminal Procedure (Assam Amendment) Act, 1966

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Th e 4th Jul y 1966
No. LjL .31/65/40.—Th e following Act of th e Assam Legislative Assem­
bly which receiv ed the  assent of the Presiden t gis hereby published  for 
general inform ation.
ASSAM AC T X X  OF  1966
(R eceiv ed the as se nt o f the Pr es id en t on th e 29t h J an e, 1966
THE  CODE OF CRIMIN AL PRO CED URE  (ASSAM AME NDM ENT )  
ACT, 1966
[Published in the Assam Gaz ette E xtr aor din ary , dated the  5th  Ju ly  1966] 
An
Act
further  to amend the Code of Criminal Procedure, 1898 in its  
application to the State o f Assam
Prea mble. Whereas it is e xped ient fu rthe r to amend  the Code Act No.5 of 
of Crim inal Proc edure, 1898 (herein afte r referred  to 18 98»  
as t he  C ode) in its app lication to the  Sta te of Assam, 
for the  purposes an d in the man ner here inafter  a p­
pea ring ;
 
 
2 A
It  is hereby ena cted in the Seventeenth  Year of the 
Re pu bli c of In dia as follow s:—
Sh ort title,  T (!) This Act may b e called the  Code of Cri min al 
ext ent and Procedure (Assam Am endment) Act, 1966. 
commence­
ment.
(2) It  shall app ly to the  State of Assam.
(3 ) It  shall come into force on such  d ate  as the 
State Governm ent may, by notificatio n in the  Official 
Ga zette, app oint.
Am end me nt 2. In  section 10 of the Code, in sub-section (2),— (1) 
ef section 10  for the words “a n Ad dition al Dis trict Magistrate” 
°r 5 o c c u r r in S betw een the  words “ be ” an d “ an d”  the 
0 ' '•  words “ one or more  Add itional Distric t Mag istra tes”
shall be substituted ;
(2) for the  wcrds “such Add itional Dis trict Ma­
gistrate”  occurring between the  words “a nd ” and 
“ shall ” the word s “an Additional Dis trict Mag istra te” 
shall be subs titute d.
Sub stitu tion  Tor s e cdon  22 of  the Code , the  follow ing shall be 
of section 2 2 substituted, name ly:  —  
of Act No .5
of 1898.
“ Appo int- 22. Th e Sta te Governm ent may, by notification 
m en to f Jus- in the Official Gaz ette , app oint for such period as may 
tices of the be  specified in the notif icati on and subject to such 
Peace. rules as may be mad e by the  Sta te Gov ernmen t, any 
person who is a citiz en of Ind ia and  as to whose 
integr ity a nd suitab ility it is satisfied, to be a Justice 
of the  Pea ce for a local are a to be mentioned in t he  
notification, and mor e than  one Justice of the Peace
ma y be app ointed for the same local are a.
Exp la nat io n—In  this section a nd  in section 22A a nd
228, “ local area ” mea ns—
(a) in a Mu nicipality , a ward as notified under Assam  Act 
the  Assam Mu nic ipa l Act, 1956, and XV of 195 7.
(b) elsewhere, the are a included in a police 
station,”
Insertion  of 4. After section 22 of the  C ode as so substitu ted the 
sections 22A follow ing shall be inserted as sections 22A an d 22B, 
and 22B in namely :—
Act No.5 of
18 98 .
“ Powers of 22 A. (1) A Justice  of the Peace for any local area 
Just ices  of shall, for the purp ose of  mak ing arrest, have within 
the Peace. s u ch are a ail the powers of a P olice Officer referred to 
in section 54 and  of an offic er-in-charge of a police
stat ion referred to in section 55.

Z 3
(2) A Justice of the P ri ce  making an arrest in 
exercise of any powers un de r sub-se ction (1) shall, 
fort hwi th take  or cause to be tak en the perso n arrested 
before the  officer-in-cha rge of the  nearest police 
stat ion an d furnish such officer wit h a rep ort as to 
the circu mstan ces of the  arrest. Such officer shall 
the reu pon re-arrest the  person.
(3) (i) A Justi ce o f the Peace for any local area 
shall h ave  power within such area , to call upon any 
member o f the  police force on  duty or any Home 
Gu ard , to aid  h im— ■
(a) in tak ing or prev enting the  escape  of any
person  who has par tici pated in the 
commission  of any cognizable offence 
or aga inst  whom  a reasonable com pla int 
has been made or  credible information 
has been received or a reas onable sus­
picion exists of his having  so participated ,
(b) in the  p rev ention o f crim e in gen era l and ,
in pa rti cu lar, in the  prev ention of a 
bre ach of the peace or a dis turban ce of 
the  public tra nq uillity.
(ii) Wh ere a mem ber of  the  police force on 
du ty or any Hom e Guard  has been calle d-up on to 
render aid  un de r clause  (i) , such call shall be 
deemed —
(a) when mad e upo n a mem ber of th e police
force, to have  been made by a compe­
te nt  aut hor ity,
(b) whe n m ade  upo n a Hom e Guard , to have
been made by a com petent autho rity 
calling upon the  Home Guard  for duty  
under  sub -section (1) of section 7 of the 
Assam Hom e Gua rds Act, 1947.
Exp lana tion —In  this section the expression “Hom e 
Gu ard ”  will have  the  same mea ning as in the Assam 
Hom e Gua rds Act, 1947.
(4) A Justice of  the Peac e for a ny local are a may, 
in accordance w ith  such rules as may  be made by the 
Sta te Governm ent,—
(a) issue a  certificate as to the identit y of  any
perso n re siding within such area , or
(b) verify any docume nt bro ught before him
by any person, or
Assam A c t
X X I V  o f 
1947.
Assam Ac»
X X I V  of 
1947.

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(c) atte st any  such doc ument req uir ed by or 
un de r any law for the  tim e being in 
force to be attested by a Ma gis trate, 
and un til  the  contr ary  is proved , any 
certificate so issued shall be pres ume d 
to be cor rec t and any doc um ent  so verb 
fied shall be dee med  to be dul y verified 
and any doc ument so atte sted shall be 
deemed  to have been  as fully atte sted 
as if h e had been  a Ma gistrat e.
l' u ti e s  of 22B.(1) Sub ject to such rules  as may be made by 
h sti c e so f the Sta te Gov ernm ent, every Ju stice o f the  Peac e for 
ti  t  Peace , a n y J o c a J a r e a  s h a ll—
(a) on receipt o f information o f the  occu rrence 
of any inc ide nt 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 resu lt of his inquiries 
to the  nearest Ma gistrat e an d to the  
ofiicer-in-charge of the nea res t police 
stat ion ;
(b) if the offence referr ed to in clause (a) is
a cognizable offence, also pre ven t the 
removal of anything from or the  int er­
ference in any way wit h, the place of 
occurrence of  th e offence ;
(c) when so re quested  in writing  by a Police
Officer mak ing an investig ation under 
Ch ap ter X IV  in  respect of an y offence 
com mitted  wi thin such local are a,—-
(i) ren der all assistance to the Police Officer
making such an investigation,
(ii) record any statem ent  ma de un de r exp ec­
tation  o f death  by a pers on in respect 
of whom a crim e is believed to have 
been committed.
(2) Th e provisions of sub-section (2) of  section 
164 relating to the  ma nner of record ing state men ts 
shall, as far as m ay be, app ly to the  r ecordin g of a 
stat ement under sub-clause (ii) of clause  (c) of  sub­
section (1) as if the stat ement were reco rded  by a 
Magistrat e of the  first class.”
k

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Rep eal of  5. Sectio n 25 of the Code is hereby repe aled .
Section 25 
of  Act No.5 
ol 189 8-
Powers of  6, Notwi thstanding any thin g in this Act, t!te
Magistrate . g t a t e  Governme nt may  invest any  Jus tice  of the 
Peace with powers of a third  class Ma gistrate to try  
such offences as may  be pres crib ed.
Power to  7. (!)  Th e Sta te Governmen t may, by notificatio n 
make rule . i n  t h e  Official Gazett e, make rules for car rying out
the  purposes of this Act.
(2) Every rule  mad e u nder this secti on 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 whi ch may be 
comprised in one session or in two successive sessions, 
and if, before the  expiry of the  session in which  
it is so lai d or th e sessions imm edia tely following 
the  Assam Legislative Assembly agree in making any  
mod ification in the  rule  or the  Assam Legislative 
Assembly agree th at the rul e should  not be made, 
the  rul e shall ther eaft er have  effect only in such 
modified form  or be of no  effect, as the  case may 
b e ; so however, th at  any such modifica tion or 
annulm ent shall b e wit hou t prejudice to the validit y 
of an yth ing  previously don e under  th at  rule.
B. SARM A,
Secy. to the  Govt, of Assam, 
Law  De partm ent.

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