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State of Assam - Section

Section 18A in Criminal Rules (Assam)

18A.

Although the High Court sometimes entertain references under Section 438 of the Code of Criminal Procedure for enhancement of sentences [vide ILR 32 Bom 162 : and 55 Cal 417], it is desirable that motions for this purpose should be made whenever possible through the Senior Government Advocate of the High Court. Whenever, therefore, the Deputy Commissioner thinks that a sentence passed by any Court should be enhanced, he should send a report with all necessary papers to the Legal Remembrancer with the minimum of delay. The Legal Remembrancer shall submit the case with his opinion for Government's Orders.The report and papers should be sent so as to reach the Legal Remembrancer within one month of the date of the sentence.
(E)Defence of Papers Accused of Murder