2.
3.
4.
Chapter II
(A) Duties and Functions of Public Prosecutors
5.
6.
7.
8.
(B) Employment of Public Prosecutors, Other Pleaders and Counsels
9.
10.
11.
12.
13.
14.
15.
(C) Representation of State to the High Court
16.
17.
(D) Procedure in Appeal Against Acquittal
18.
(DD) Procedure in Moving for Enhancement of Sentence
18A.
(E) Defence of Papers Accused of Murder
19.
(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.
(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.
(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
20.
21.
(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.
(c) An accused in all these cases shall be informed of the arrangements made in his behalf.
Chapter III
Prosecutions by or Against Government Officers
22.
23.
24.
(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.
(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.
(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.
(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.
(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.
(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.
Chapter IV
Fees
25.
26.
27.
27A.
28.
29.
30.
31.
(a) rupees 25 a day when engaged within his headquarters station; and
(b) rupees 25 a day when engaged away from headquarters station but within the district.
(c) rupees 30 a day engaged within the headquarters station;
(d) rupees 35 a day when engaged away from his headquarters station but within the district.
32.
33.
Chapter V
General
34.
35.
36.
36A.
37.
38.
39.
40.
41.
42.
43.
Voucher No..... of list of payment for 19.....
Voucher No..... of list of payment for 19.....
Form A
Form A
[ Vide Rule 33]
No. of case
Court attended
Name of the first accused or appellant
Section of the Act
Date of attendance
Fees charged
Remarks (If extra fees charged, the hour at which
court rose or other reasons)
1
2
3
4
5
6
Total Rupees (in words)
Received contents
Checked with Work Register and countersigned for Rupees (in
words)
Government Pleader
Dated 19, District Magistrate
Passed for Rs., Rupees
Dated 19,
Legal Remembrancer, Assam
Examined and entered
Pay Rs. ,
Rupees
Accountant
Date 19, Treasury Officer
For Use in the Accountant General's Office
Noted in page............ of Audit Register
Admitted Rs.
Objects Rs.
for reasons given below:
Auditor
Superintendent
Form B
Form B
[ Vide Rule 33]
Date
Court
Whether original case or appeal
Name of first accused or appellant
Section of the Act
Signature of presiding officer
Remarks
1
2
3
4
5
6
Form C
Form C
[ Vide Rule 27]
Appellate/Petitioner
Statement showing the Sections of Cr. P.C., 1973 (2 of 1974) applicable in full in the whole of Nagaland
Statement showing the Sections of Cr. P.C., 1973 (2 of 1974) applicable in full in the whole of Nagaland
Sl. No.
Sections
Chapter
Subject
Modification, if any
No. and Date
1.
Section 1A • Criminal Rules (Assam)
1A. Appointment of Public Prosecutors.
criminal-rules-assam-sec-1A.json
•
Section 1A
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"title": "1A. Appointment of Public Prosecutors.",
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"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.",
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