Section 5 in The Code of Criminal Procedure (Assam) (Amendment) Act, 1983
5.
After Section 439 of the Code, the following shall be inserted as a new Section 439-A, namely-"439-A. Power to grant bail. - Notwithstanding anything contained in this Code, no person-(a)who, being accused or suspected of committing an offence under any of the following sections, namely, Sections 120-B, 121,121-A, 122, 124-A, 153-A, 302, 303, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 of the Indian Penal Code, 1860 (Act 45 of 1860). Sections 3, 4, 5 and 6 of the Indian Explosive Substances Act, 1908 (Act 86 of 1908) and Sections 25,26, 27, 28, 29, 30 and 31 of the Arms Act, 1959 (Act 54 of 1959) is arrested or appears or is brought before a Court; or(b)who, having any reason to believe that he may be arrested on an accusation of committing an offence as specified in Clause (a) has applied to the High Court or Court of Session for a direction for his release on bail in the event of his arrest, shall be released on bail, or as the case may be, directed to be released on bail, except on one or more of following grounds, namely:(i)that the Court including the High Court or the Court of Session, for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in Clause (a);(ii)that such person is under the age of sixteen years or a woman or a sick or an infirm person;(iii)that the Court including High Court or the Court of Session, for reasons to be recorded in writing, is satisfied that there are exceptional and sufficient grounds to release or direct the release of accused on bail."The Schedule[See Section 3 (4)]Modifications in the Code
