Section 4 in The Code of Criminal Procedure (Assam) (Amendment) Act, 1983
4. Amendment of Section 197.
- In Section 197 of the Code-(a)in sub-section (1), for the words "in the discharge of" the words "in, or in connection with, the discharge of" shall be substituted;(b)in sub-section (2), for the words "in the discharge of' the words" in, or in connection with, the discharge of" shall be substituted;(c)after sub-section (4), the following sub-sections shall be inserted, namely:"(5) Notwithstanding anything contained in this Code-(a)where a compliant is made to a Court against a public servant belonging to any class or category specified under sub-section (3) alleging that he has committed an offence, the Court shall postpone the issue of process against the accused and make a reference to the State Government; or(b)where an accused, either by himself or through a pleader, claims before a Court that he belongs to any class or category specified under sub-section (3) and that the offence alleged to have been committed by him arose out of any action taken by him while acting or purporting to act in, or in connection with, the discharge of his official duty, the Court shall forthwith stay further proceedings and make a reference to the State Government.(6)(i)Where a reference is received from a Court under sub-section (5), the Stale Government shall issue a certificate to the Court that the accused person, was, or was not acting or purporting to act in, or in connection with, the discharge of his official duty.(ii)If the State Government certifies that the accused was acting or purporting to act in, or in connection with the discharge of his official duty, the Court shall dismiss the complaint or discharge the accused:Provided that the complaint (sic, complainant) may, within sixty days from the date of the issue of such certificate prefer an appeal to the High Court against the certificate;Provided further that the High Court may entertain the appeal after the expiry of the said period of sixty days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period.(iii)If the State Government certifies that accused was not acting or purporting to act in, or in connection with, the discharge of his official duty, the Court may proceed further with the complaint in accordance with the provisions of this Code.(7)The provisions of sub-sections (5) and (6) shall apply to all proceedings pending on the date of commencement of this Ordinance in respect of which a Court has taken cognizance of an offence in accordance with the provisions of this Code."
