ASSAM AC T X X OF 1966
(R eceiv ed the as se nt o f the Pr es iden t on th e 29t h J an e, 1966
THE CODE OF CRIMIN AL PRO CEDURE (ASSAM AME NDM ENT)
ACT, 1966
[Published in the Assam Gazette 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
Preamble. Whereas it is exped ient fu rthe r to amend the Code Act No.5 of of Crim ina l Proc edure, 1898 (hereinafte r refe rred to1898
» as t he C ode) in its app lication to the Sta te of Assam, for the purposes and in the man ner here inafter a p- pea ring ;
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2 A
It is hereby ena cted in the Seventeenth Year of the Re publi c of India as fol low s:—
Short tit le, T (!) This Act may be call ed the Code of Crimin al ext ent and Procedure (Assam Am endment) Act, 1966. commence-
ment.
(2) It shall app ly to the Sta te of Assam. (3 ) It sha ll come into force on such d ate as the Sta te Government may, by notif icatio n in the Official Gazet te, app oin t.
Am end me nt 2. In section 10 of the Code, in sub-section (2),— (1) ef section 10 for the words "a n Addit ional Dis tric t Magist rat e"
°r5 occurr
in
S betw een the words " be " and " an d" the
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' '• words " one or more Add itional Dis tric t Mag istra tes"
shall be subs tituted ;
(2) for the wcrds "such Add itional Dis tric t Ma- gis tra te" occurring between the words "a nd " and
" shall " the words "an Addit ional Dis tric t Mag istra te"
shall be subs tituted.
Substitu tion Torsec
don 22 of the Code , the follow ing shall be of section 22 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 oin t for such per iod 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 noti ficat ion, and more than one Justice of the Peace may 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" means—
(a) in a Mu nic ipa lity , a ward as notified under Assam Act the Assam Mu nic ipa l Act , 1956, and XV of 1957.
(b) elsewhere, the are a included in a police sta tion,"
Insertion of 4. After section 22 of the Code 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
1898.
" Powers o f 22 A. (1) A Jus tice 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 c h are a ail the powers of a Police Officer referred to in section 54 and of an officer-in-charge of a police stat ion referred to in section 55.
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(2) A Jus tice of the P ri ce making an arrest in exercise of any powers unde r sub-section (1) shall, forthwi th take or cause to be taken the person ar rested before the officer -in-cha rge of the nearest police stat ion an d furn ish such officer with a rep or t as to the circumstances of the arrest . Such officer shall the reu pon re-arrest the pe rson.
(3) (i) A Justi ce o f the Peace for any local area shal l h ave power within such area , to call upon any member o f the police force on du ty or any Home Gu ard , to aid h im—■
(a) in tak ing or prev ent ing the escape of any person who has par ticipated in the commission of any cognizable offence or aga inst whom a reasonable com pla int has been made or credible information has been rece ived or a reasonable sus- picion exists of his having so part icipated ,
(b) in the p rev ent ion o f crim e in gen era l and , in pa rti cu lar, in the prev ent ion of a bre ach of the peace or a dis turban ce of the public tra nq ui lli ty .
(ii) Where a mem ber of the police force on du ty or any Hom e Guard has been called-up on to render aid unde r clause (i) , such call shall be deemed—
(a) when mad e upo n a mem ber of the police force, to have been made by a compe- tent author ity,
(b) whe n m ade upon a Hom e Guard , to have been made by a com petent au tho rity calling upon the Home Guard for duty under sub -sec tion (1) of section 7 of the Assam Hom e Gua rds Act, 1947.
Explanation— 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 Jus tice of the Peace 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 person re sid ing wi thin 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 document req uir ed by or unde r any law for the tim e being in force to be att ested by a Ma gis tra te, and un til the contr ary is proved , any cert ificate so issued shall be presume d to be cor rec t and any doc um ent so verb fied shall be deemed to be duly verified and any document so atte sted shal l be deemed to have been as fully atte sted as if he had been a Ma gis trat e. l' u ti e s o f 22B.(1) Sub ject to such rules as may be made by h s ti c e so f the Sta te Governm ent, every Justice o f the Peace for ti t Peace , a n y Jo c a J a r e a s h a l l—
(a) on receipt o f informat ion o f the occurrence of any inc ide nt involving a breach o f the peace , or of the commission of any offence within such local area , forthwi th make inqu iries in to the matter and re- port in wri ting the resu lt of his inqu iries to the nearest Ma gis trat e and 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 preven t the removal of anything from or the int er- ference in any way with, the place of occurrence of the offence ;
(c) when so requested in wri ting by a Police Officer mak ing an investig ation under Ch ap ter XIV in respect of any offence com mitted wi thin such local are a,—-
(i) ren der all assistance to the Police Officer making such an inves tigation,
(ii) record any sta tem ent ma de un de r exp ec- tat ion o f death by a person in respect of whom a crim e is believed to have been committ ed.
(2) Th e provisions of sub-section (2) of section 164 relating to the ma nner of record ing state men ts
r 5 Repeal of 5. Section 25 of the Code is hereby repe aled . Section 25
of Act No.5
ol 1898-
Powers of 6, Notwi ths tanding any thin g in this Act, t!te Magist rate . g t a t e Governme nt may invest any Jus tice of the Peace wi th powers of a th ird class Ma gis tra te to try such offences as may be prescribed.
Power to 7. (!) Th e Sta te Governmen t may, by notif icatio 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 section shall be laid as soon as may be after it is made, before the Assam Legis lative Assembly while it is in session for a total per iod 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 edia tely following the Assam Legislative Assembly agree in making any mod ification in the rule or the Assam Legisla tive Assembly agree that 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 annulment shall b e withou t pre judice to the val idity 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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