Assam Criminal Law (Amendment) Act, 1934
No: 3 Dated: May, 09 1934
The Assam Criminal Law (Amendment) Act, 1934
Assam Act III of 1934
Preamble. - Whereas it is expedient to supplement the ordinary Criminal Law in Assam;
And whereas the previous sanction of the Governor-General has been obtained under sub-section (3) of Section 80-A of the Government of India Act to the passing of this Act;
It is hereby enacted as follows:
1. Short title, commencement, extent and duration. - (1) This Act may be called the Assam Criminal Law (Amendment) Act, 1934.
(2) It extends to the whole of Assam.
(3) This section and Section 2 shall come into force at once.
The remaining provisions of this Act, in whole or in part, shall come into force into such areas and on such dates as the appropriate Government may, by notification in the official Gazette, specify and for this purpose different dates may be specified for different areas.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, "the Code" means the Code of Criminal Procedure, 1898.
And the "appropriate Government" means in relation to any of the matters enumerated in List I in the Seventh Schedule to the Constitution, Central Government and in relation to any other matter, the State Government.
3. Power of the appropriate Government to direct trial by Commissioners in certain cases. - (1) The appropriate Government may, by order in writing direct that any person accused of any offence specified in the First Schedule shall be tried by Commissioners appointed under this Act.
(2) No order under sub-section (1) shall be made in respect of or be deemed to include, any person who has been committed under the Code for trial before a High Court, but save as aforesaid an order under that sub-section may be made in respect of, or may include, any person accused of any offence specified in the First Schedule whether the offence was committed before or after the commencement of this Act.
4. Appointment and qualification of Commissioners. - (1) Commissioners for the trial of persons under this Act shall be appointed by the appropriate Government.
(2) Such Commissioners may be appointed for the whole of Assam or for any part thereof, or for the trial of any particular accused person or persons.
(3) All trials under this Act shall be held by three Commissioners, of whom at least two shall be persons who at the time of appointment under this section are serving as, and have for at least three years served as or exercised the powers of Sessions Judges or Additional Sessions Judges, or are persons qualified under Clause (2) of Article 217 of the Constitution for appointment as Judges of a High Court.
(4) At any time before the commencement of trial of any person under this Act, the appropriate Government may, by an order in writing stating the reasons therefor withdraw the case of such persons from the Commissioners appointed for the trial to three other Commissioners appointed in this behalf.
(5) At any time in the course of trial or before the commencement of trial if the accused has any reasonable apprehension that he will not have a fair trial at the hands of the Commissioner appointed by the appropriate Government as aforesaid, he shall have the right to move the appropriate Government for a transfer of the case of three other Commissioners to be appointed by the appropriate Government.
5. Procedure of Commissioners. - (1) Commissioners appointed under this Act may take cognizance of offences without the accused being committed to them for trial, and in trying accused persons shall, subject to the provisions of Section 13, record evidence in the manner prescribed in Section 256 of the Code and shall, in other respects also, subject to the Act and to any rules made thereunder, follow the procedure prescribed by the Code for the trial of warrant case, by Magistrates.
(2) In the event of any difference of opinion among the Commissioners, the opinion of the majority shall prevail.
6. Powers of Commissioners. - (1) The Commissioners may pass upon any person convicted by them any sentence authorised by law for the punishment of the offence of which such person is convicted.
(2) If on any trial under the Act it is found that the accused person has committed any offence specified in the First Schedule, the Commissioners may convict such person of such offence and pass any sentence authorised by law for the punishment thereof.
7. Application of the Code of Criminal Procedure to proceedings of Commissioners. - The provisions of the Code, so far only as they are not inconsistent with the provisions of, or the special procedure prescribed by or under this Act shall apply to the proceedings of Commissioners appointed under this Act, and such Commissioners shall have all the powers conferred by the Court on a Court of Sessions exercising original jurisdiction.