Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 4] [Entire Act]

State of Assam - Subsection

Section 4(6) in The Code of Criminal Procedure (Assam) (Amendment) Act, 1983

(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.