Section 22 in Rules for the Administration of Justice and Police in the Sibsagar, Nowgong and Mikir Hills Tracts (Mikir Hills)
22.
The procedure of the High Court, and the Deputy Commissioner and his Assistants shall be in the spirit of the Code of Criminal Procedure, as far as it is applicable to the circumstances of the tracts and consistent with these rules. The Chief exceptions are:(a)Only verbal order of notice or summons shall be requisite, except when the regular police are employed or the person concerned is not a resident of or in the district at the time; or if in the district, but resident beyond it, where his place of abode is not known. But verbal order or summons shall be for a fixed day, and the order shall be made known to the person affected or to some adult member of his family or proclaimed at the place he was last known to be at, in sufficient time to allow him, if he sees fit, to appear.(b)A note of the substance of all the proceedings in cases tried before them must be kept by the Deputy Commissioner and his Assistants in the form prescribed by Section 263 of Act V of 1898. In cases requiring a sentence exceeding three days, a full note of the evidence and proceedings must be kept. Examinations and proceedings shall generally be recorded in English only.(c)The proceedings of mauzadars, gaonburas or other duly recognised village authorities need not be in writing, but if at the trial before the village authorities any person who can write can be found, a brief note of the proceedings is to be made.(d)All fines levied by mauzadars, gaonburas or other duly recognised village authorities shall be paid to the Deputy Commissioner or his Assistants or other officers empowered to receive them, within eight days from the date of realization.(e)It shall be discretionary to examine witnesses on oath in any form, or to warm them that they are liable to the punishment for perjury if they state that which they know to be false.For the defence of paupers accused of murder, Rules 19 to 21 of Assam Law department Manual-Part II-Criminal Rules-shall be followed mutatis mutandis.
