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State of Assam - Section

Section 22 in Criminal Rules (Assam)

22.

When a prosecution is instituted by a Government Officer and the charge is of a cognizable offence, the prosecution shall ordinarily be conducted by the police. Where the offence is non-cognizable or, though cognizable, calls for special arrangement, the officer who prefers the complaint shall refer for instructions to the Deputy Commissioner. The Deputy Commissioner may either instruct the officer himself to prosecute or if the case is of a complicated or difficult nature rendering legal assistance necessary, direct the Public Prosecutor to prosecute, and, if he gives such a direction, shall report the matter for the sanction of the Legal Remembrancer. The Legal Remembrancer shall check any tendency to employ the Public Prosecutor or pleaders unnecessarily.