Section 23 in Rules for the Administration of Justice and Police in the Garo Hills District
23. Application of Criminal Procedure Code.
- The procedure of the High Court and Deputy Commissioner and his Assistants shall be guided by the sprit of the Code of Criminal Procedure, as far as it is applicable to the circumstances of the district and consistent with these rules. The Chief exceptions are :(a)only verbal order or notice 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, not exceeding sixteen days from that upon which the order is issued, and the order shall be made known to the person affected or to some adult member of his family of 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 236, Criminal Procedure Code. In cases requiring a sentence of three years or upwards 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 laskars 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 laskars and other dully recognised village authorities shall be paid to the Deputy Commissioner or his Assistant or other officer empowered to receive them, within eight days from the date of realization.(e)It shall not be necessary to examine witnesses on oath unless the accused so desires, except in cases where the accused is charged with murder. It shall suffice that the Deputy Commissioner or his Assistant, at the commencement of any trial, inform the accused that if he so requires the witnesses will be put on oath. It is, however, at all times optional with the Court to put witnesses on oath, but witnesses, whether on oath or not, shall be punishable for giving false evidence.For the defence of paupers accused of murder, Rules 49 to 51 of Assam Law Department Manual-Part II-Criminal Rules-shall be followed mutatis mutandis.(f)The Deputy Commissioner and his Assistants shall keep such registers as the High Court may from time to time prescribed.
