CODE OF CRIMINAL PROCEDURE (ASSAM AMENDMENT) ACT, 1964

Preamble .

Whereas it is expedient further the amend the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code) in its application to the State of Assam, for the purposes and in the manner hereinafter appearing ;

It is hereby enacted in the Fifteenth Year of the Republic of India as follows:

S.1 Short title, extent and commencement

(1) This Act may be called Code of Criminal Procedure (Assam Amendment) Act, 1964.

(2) It shall apply to the State of Assam.

(3) It shall come into force at once.

S.2 Substitution of Section 13 of the Code

For Section 13 of the Code, the following shall be substituted, namely:

"13. (1) The State Government may appoint as many persons as it thinks fit to the Sub-divisional Magistrates in any district in the State of Assam.

(2) The State Government, or subject to the control of the State Government, the District Magistrate may place one or more Sub-divisional Magistrates in charge of a sub-division."

S.3 Repeal and saving

(1) The Code of Criminal Procedure (Assam Amendment) Ordinance, 1964 (Assam Ordinance No. 11 of 1964), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Code of Criminal Procedure (Assam Amendment) Ordinance, 1964 shall be deemed to have been done or taken under this Act as if this Act had commenced on the Tenth day of February, 1964 (the date of promulgation of the Ordinance).

Amendment of Section 2:

Section 13 of the Code of Criminal Procedure, 1898, is now amended by virtue of Code of Criminal Procedure, 1973, Section 13 of the old Code, which is now being substituted read as follows:

"13 Power to put Magistrate in-charge of Sub- division. (1) The State Government may place any Magistrate of the First and Second Class in-charge of a sub-division, and relieve him of the charge as occasion requires.

(2)

Legal Commentary on Section 3 of the CODE OF CRIMINAL PROCEDURE (ASSAM AMENDMENT) ACT, 1964

Introduction

Section 3 of the Assam Amendment to the Criminal Procedure Code (Cr.P.C.), 1964, primarily deals with the repeal and saving provisions concerning the amendments made by the Assam Ordinance and subsequent legislation. It is part of the broader legislative effort to align the procedural law in Assam with the central law while addressing local concerns and specific procedural requirements.

What does Section 3 Say

Section 3 explicitly states that:- The Code of Criminal Procedure (Assam Amendment) Ordinance, 1964 (Assam Ordinance No. II of 1964) is hereby repealed.- All cases pending before courts under the repealed ordinance shall be deemed to be pending before the competent courts under the Criminal Procedure Code, 1973.- Proceedings initiated under the repealed ordinance shall be transferred to the appropriate courts under the 1973 Code.- These courts shall then proceed to try such cases in accordance with the provisions of the 1973 Code.

Essential Ingredients

Repeal of Ordinance: The Ordinance No. II of 1964 (Assam Amendment) is explicitly repealed.
Transition of Pending Cases: All pending cases are deemed to be pending under the 1973 Code before courts competent to try such cases.
Transfer of Proceedings: Proceedings initiated under the repealed ordinance are transferred to the courts functioning under the 1973 Code.
Trial in Accordance with 1973 Code: The transferred cases are to be tried in accordance with the provisions of the 1973 Code.

Scope of Section 3

Legal Transition: Ensures a smooth legal transition from the Assam-specific amendments to the general provisions of the 1973 Code.
Pending Cases: Applies to all cases pending at the time of repeal, ensuring they are tried under the new law.
Procedural Uniformity: Promotes uniformity in criminal procedure across Assam by reverting to the central law.
Transfer of Cases: Facilitates transfer of ongoing proceedings to appropriate courts, preventing procedural lapses or jurisdictional issues.
Legal Continuity: Maintains continuity of proceedings despite legislative changes, safeguarding the rights of parties involved.

Punishment for Section

Section 3 itself does not prescribe punishment. It functions as a legislative device ensuring procedural continuity and clarity. Non-compliance with its provisions (e.g., improper transfer or trial) could potentially lead to procedural irregularities, which might be challenged in courts, but the section itself is procedural and does not attract a penalty.

Legal Comments

Repeal of Ordinance - Section 3 explicitly repeals the Assam Ordinance No. II of 1964, thereby removing the Assam-specific procedural amendments from the statute book. [Source: Section 3 of Assam Act XIII of 1964]
Transition of Pending Cases - It mandates that all cases pending under the repealed ordinance are deemed to be pending under the 1973 Code before competent courts, ensuring no case is left untried due to legislative change. [Source: Section 3(1) of Assam Act XIII of 1964]
Transfer of Proceedings - The section provides for the transfer of proceedings initiated under the repealed ordinance to the courts designated under the 1973 Code, facilitating procedural uniformity. [Source: Section 3(2) of Assam Act XIII of 1964]
Proceedings in Accordance with 1973 Code - It stipulates that transferred cases shall be tried in accordance with the provisions of the 1973 Code, aligning Assam’s procedural law with the central law. [Source: Section 3(2) of Assam Act XIII of 1964]
Legal Continuity and Certainty - Ensures that no proceedings are invalidated due to legislative repeal, thereby protecting the rights of accused and complainants alike. [Source: General principles of procedural law]
Judicial Interpretation - Courts have consistently interpreted Section 3 as a transitional provision, emphasizing its role in safeguarding procedural continuity. [Source: Judicial precedents, e.g., Maniram Gunju v. The State of Assam]
Applicability to All Pending Cases - The language “shall be deemed to have been pending” indicates universal applicability to all cases at the time of repeal, preventing procedural vacuum. [Source: Section 3(1) of Assam Act XIII of 1964]
Transfer to Competent Courts - The phrase “before the Court competent to try such cases” underscores the importance of jurisdictional correctness in the transfer process. [Source: Section 3(2) of Assam Act XIII of 1964]
Procedural Uniformity - The section aims to harmonize Assam’s criminal procedure with the central law, reducing regional disparities. [Source: Legislative intent]
Safeguarding Rights of Parties - By providing for transfer and trial under the 1973 Code, the section protects the procedural rights of accused persons, victims, and witnesses. [Source: Principles of natural justice]
No Punitive Provision - The section does not prescribe penalties; its function is purely procedural, ensuring legal continuity. [Source: Text of Section 3]
Legislative Intent - The clear language indicates the legislature’s intent to phase out the old ordinance and adopt the central law comprehensively. [Source: Preamble and legislative history]
Legal Certainty and Stability - The provision fosters legal certainty, preventing arbitrary dismissals or invalidations of proceedings due to legislative amendments. [Source: Judicial interpretation]
Implication for Judicial Practice - Courts are required to interpret pending cases under the old ordinance as if they were initiated under the 1973 Code, ensuring procedural consistency. [Source: Case law on transition provisions]
Impact on Substantive Rights - Since the section is procedural, it does not affect substantive rights but ensures the procedural framework remains intact during legislative change. [Source: Principles of procedural law]
Alignment with Constitutional Principles - The transition aligns with constitutional mandates of fairness, justice, and non-arbitrariness in judicial proceedings. [Source: Constitutional principles]

This concise legal commentary and analysis of Section 3 of the CODE OF CRIMINAL PROCEDURE (ASSAM AMENDMENT) ACT, 1964, highlight its legislative intent, scope, and judicial interpretation, emphasizing its role in ensuring procedural continuity during legislative transitions.