Criminal Rules (Assam)

{
    "id": 13667,
    "slug": "criminal-rules-assam",
    "title": "Criminal Rules (Assam)",
    "short_title": "Criminal Rules (Assam)",
    "act_number": "",
    "act_year": 0,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Criminal Rules (Assam)",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1A",
            "title": "1A. Appointment of Public Prosecutors.",
            "chapter": null,
            "content": "2.\n3.\n4.\nChapter II\n(A) Duties and Functions of Public Prosecutors\n5.\n6.\n7.\n8.\n(B) Employment of Public Prosecutors, Other Pleaders and Counsels\n9.\n10.\n11.\n12.\n13.\n14.\n15.\n(C) Representation of State to the High Court\n16.\n17.\n(D) Procedure in Appeal Against Acquittal\n18.\n(DD) Procedure in Moving for Enhancement of Sentence\n18A.\n(E) Defence of Papers Accused of Murder\n19.\n(a) The pleaders on the panel shall be engaged by rotation except where an accused chooses a pleader out of his turn, in which case the pleader thus chosen shall lose his ordinarily turn unless he is again chosen out of his turn.\n(b) The wishes of the accused shall be ascertained by the Sessions Judge through the District Magistrate who shall depute a Magistrate to interview the accused in jail with a list of pleaders on the panel.\n(c) The Sessions Judge shall keep the District Magistrate supplied with an up-to-date list of pleaders on the panel, not excluding those who have had their turn, whether by rotation or because they were chosen by an accused out of their turn\n20.\n21.\n(b) In regard to cases where a sentence of death is referred by a Court of Sessions to the High Court for confirmation under the provision of section 374, Criminal Procedure Code, procedure similar to that described in paragraph (a) above will be followed. The Court of Sessions will, when submitting the case to the High Court, send intimation to the District Magistrate, who will inform the Legal Remembrancer, whether accused has means to defend himself at the reference.\n(c) An accused in all these cases shall be informed of the arrangements made in his behalf.\nChapter III\nProsecutions by or Against Government Officers\n22.\n23.\n24.\n(a) In regard to prosecutions against officers, referred to in Section 197, Criminal Procedure Code, 1898, there will always be ample time to obtain the orders of Government for undertaking the defence of the officer and these shall be obtained. In the case of prosecutions against other public servants when it is impossible to obtain the orders of Government before the commencement of the proceedings, it must rest with the local officer to decide, subject to the control of the Government, whether the defence shall be undertaken by Government or not. When, however, it is probable that the orders of Government can be obtained in time, a full report shall be at once submitted to Government through the Legal Remembrancer.\n(b) If such orders are received before the commencement of the proceedings, they shall be acted on. If not, the local officer shall themselves decide upon the course to be taken.\n(c) In petty cases which, in the opinion of the Deputy Commissioner, do not present any difficulty of law or evidence, the prosecuted officer shall make his own defence, and the Deputy Commissioner shall see that in such cases no pleader is engaged. In the same way request for the payment of counsel will be entertained only under very exceptional circumstances.\n(d) When the prosecuted officer is discharged or acquitted, the case will be dealt with as provided under Rule 23, allowance being made for the expenses, if any, realizable under the order of the Court.\n(e) An incriminated officer, who is left to arrange for his own defence, shall, before engaging a lawyer, report in writing the name of the person selected and his proposed remuneration to the Deputy Commissioner through the head of the office; and it will then be for the Deputy Commissioner to say whether in the event of his being acquitted, he will advise Government to pay the whole or only part of the fees proposed.\n(f) Charges, the payment of which may be applied for under these Rules, shall be moderate, and Government do not undertake to pay unnecessary expenses which an officer concerned may choose to incur.\nChapter IV\nFees\n25.\n26.\n27.\n27A.\n28.\n29.\n30.\n31.\n(a) rupees 25 a day when engaged within his headquarters station; and\n(b) rupees 25 a day when engaged away from headquarters station but within the district.\n(c) rupees 30 a day engaged within the headquarters station;\n(d) rupees 35 a day when engaged away from his headquarters station but within the district.\n32.\n33.\nChapter V\nGeneral\n34.\n35.\n36.\n36A.\n37.\n38.\n39.\n40.\n41.\n42.\n43.\nVoucher No..... of list of payment for 19.....\nVoucher No..... of list of payment for 19.....\nForm A\nForm A\n[ Vide Rule 33]\nNo. of case\nCourt attended\nName of the first accused or appellant\nSection of the Act\nDate of attendance\nFees charged\nRemarks (If extra fees charged, the hour at which\n\t\t\t\tcourt rose or other reasons)\n1\n2\n3\n4\n5\n6\nTotal Rupees (in words)\nReceived contents\nChecked with Work Register and countersigned for Rupees (in\n\t\t\t\twords)\nGovernment Pleader\nDated 19, District Magistrate\nPassed for Rs., Rupees\nDated 19,\nLegal Remembrancer, Assam\nExamined and entered\nPay Rs. ,\n\t\t\t\tRupees\nAccountant\nDate 19, Treasury Officer\nFor Use in the Accountant General's Office\nNoted in page............ of Audit Register\nAdmitted Rs.\nObjects Rs.\nfor reasons given below:\nAuditor\nSuperintendent\nForm B\nForm B\n[ Vide Rule 33]\nDate\nCourt\nWhether original case or appeal\nName of first accused or appellant\nSection of the Act\nSignature of presiding officer\nRemarks\n1\n2\n3\n4\n5\n6\nForm C\nForm C\n[ Vide Rule 27]\nAppellate/Petitioner\nStatement showing the Sections of Cr. P.C., 1973 (2 of 1974) applicable in full in the whole of Nagaland\nStatement showing the Sections of Cr. P.C., 1973 (2 of 1974) applicable in full in the whole of Nagaland\nSl. No.\nSections\nChapter\nSubject\nModification, if any\nNo. and Date\n1.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "11",
            "title": "Section 11 & 12",
            "chapter": null,
            "content": "II\nCourts of Judicial Magistrates, Chief Judicial Magistrates and\n\t\t\t\tAdditional Chief Judicial Magistrates\nWith modification Section 11-\nIn sub-section (1) the words \"after consultation with the\n\t\t\t\tHigh Court\" shall be deleted.\nNo. 1 LAW 170/74/LEG dated 30th July, 1975.\nIn sub-sections (2) & (3) the words \"High Court\"\n\t\t\t\tshall be substituted by the words \"State Government\"\n\t\t\t\twherever it occurs.\nIn sub-section (3) after the words \"Judicial service\"\n\t\t\t\tthe words \"civil service\" shall be inserted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "12-",
            "title": "Section 12- In sub-sections (1), (2) & (3) the words ‘High\n\t\t\t\tCourt' shall be substituted by the words 'State Government'\n\t\t\t\twherever it occurs.",
            "chapter": null,
            "content": "2.\nSections 20 to 23\nII\nExecutive Magistrates, Special Executive Magistrates, Local\n\t\t\t\tjurisdiction of Executive Magistrates, Subordinates of Executive\n\t\t\t\tMagistrates\nWithout modification\nLAW 82/70 (Vol. II), dated 19-6-1975.\n3.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "36",
            "title": "Section 36",
            "chapter": null,
            "content": "IV\nPower of superior officers of police\nWithout modification\nLAW 82/70 dated 3-5-1974.\n4.\nSections 41 to 60\nV\nArrest of persons\ndo\nLAW 82/70 dated 5-7-1977.\n5.\nSections 70 to 90\nVI\nWarrant of arrest, proclamation and attachment and other Rules\n\t\t\t\tregarding process\ndo\ndo\n6.\nSections 95 & 96\nVII\nPower to declare certain publications forfeited and issue\n\t\t\t\tsearch warrants for the same. Application to High Court to set\n\t\t\t\taside declaration of forfeiture\ndo\nLAW 82/70 dated 24-6-1974.\n7.\nSections 106 to 124\nVIII\nSecurity for keeping the peace and for good behaviour\ndo\nApplicable vide S.52 of Cr.P.C.\n8.\nSections 129 to 148\nX\nMaintenance of Public Order and tranquillity\ndo\ndo\n9.\nSections 149 to 153\nXI\nPreventive action of the police\ndo\ndo\n10.\nSections 154 to 176\nXII\nInformation to the Police and their powers to investigate\ndo\nLAW 82/70 dated 3-5-1974.\n11.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "207",
            "title": "Section 207",
            "chapter": null,
            "content": "XVI\nSupply to the accused copy of police report and other\n\t\t\t\tdocuments\ndo\ndo\n12.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "373",
            "title": "Section 373",
            "chapter": null,
            "content": "XXIX\nAppeal from orders requiring security or refusal to accept or\n\t\t\t\trejecting surety for keeping peace or good behaviour\ndo\nLAW 82/70 dated 19-6-1975.\n13.\nSections 432 to 435\nXXXII\nSuspension, remission and commutation of sentences\ndo\nLAW 82/70 dated 5-7-1977.\n14.\nSections 436 to 450\nXXXIII\nProvisions relating to bail and bonds\ndo\ndo",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 11th February, 2020 [ass136]",
        "Act Number": "",
        "Enactment Date": "",
        "Act Year": "",
        "Short Title": "Criminal Rules (Assam)",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}