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State of Assam - Section

Section 45 in The North Cachar Hills Autonomous Districts (Administration of Justice) Rules, 1955

45.

(1)In Criminal cases the procedure of the Subordinate District Council Court and the District Council Court shall, subject to the provisions of this rule be in the spirit of the Code of Criminal Procedure, 1898, so far as it is applicable to the circumstances of the district and not inconsistent with these rules. The Chief exceptions are-
(2)Where a Court constituted under these rules requires in course of the discharge of its functions, the service of the regular police which is at the disposal of the Deputy Commissioner, that Court may send a requisition for such services to the Deputy Commissioner who will generally comply with such requisition unless he considers the compliance to be not possible for any special reasons.
(3)Summons on any person residing outside the jurisdiction of the North Cachar Hills Autonomous district or on a person who does not belong to a Scheduled Tribe shall be issued by a Court through the Deputy Commissioner of the District.
(4)A note on the substance of all the proceedings in cases tried before them must be kept by the District Council Court and the Subordinate District Council Court in the Forms prescribed in Appendix II.In cases in which a sentence of imprisonment of not less three months is imposed full note of the evidence and proceeding must be kept.
(5)There shall be no preliminary enquiries by regular or village police unless the District Council Court or subordinate District Council Court sees fit to direct one.
(6)Recognisance to appear need not to taken unless it seems necessary to the District Council Court.
(7)Examinations and proceedings in the Subordinate District Council Court or District Council Court generally shall be in English or in any of the recognised languages of the district.
(8)It shall not be necessary to examine witnesses upon oath or affirmation unless the accused so desires. It shall suffice if the District Council Court or the Subordinate District Council Court at the commencement of any trial, informs the accused that, if he so desires, the witnesses, will be put on oath. It is, however, at all times optional with the Court to put the witnesses, on oath or affirmation, but witnesses, whether on oath or affirmation or not, shall be punishable for giving false evidence.