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The Arms Act, 1878

( ACT NO. XI Of 1878 )

Chapter VII

MISCELLANEOUS

Time limit for completion of investigation
1[30B.(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act No. V of 1898) or in any other law for the time being in force, an investigation of an offence under this Act shall be completed:
 
 
 
 
(a) within fifteen working days from the date of arrest of the accused, where the accused is arrested at the time of commission of the offence by the police or by any other person and handed over to the police; or
 
 
 
 
(b) within sixty working days, from the date of receipt of information regarding the commission of the offence or from the date of receipt of an order of any magistrate for investigation of such offence when the accused is not arrested at the time of commission of the offence.
 
 
 
 
(2) Where an investigation is not completed within the period specified in sub-section (1), the investigation officer may, after recording the reasons in writing, complete the investigation within a further period of seven working days and shall report it in writing to his controlling officer and also to the magistrate concerned.
 
 
 
 
(3) Where an investigation is not completed within the extended period specified under sub-section (2), the investigation officer shall, within twenty four hours of the expiry of that period, report it in writing, stating reasons therefore, to his controlling officer and also to the Magistrate concerned.
 
 
 
 
(4) Upon receipt of a report under sub-section (3), the controlling officer or, when the investigation was ordered by a magistrate, the magistrate concerned, may transfer the responsibility for investigation to some other officer and, where the responsibility for investigation is so transferred, the officer who received the responsibility shall complete the investigation:-
 
 
 
 
(a) within seven working days from the date of receipt of the order of transfer, where the accused is arrested at the time of commission of the offence by the police or by any other person and handed over to the police; or
 
 
 
 
(b) within thirty working days from the date of receipt of the order of transfer in any other case.
 
 
 
 
(5) Where an investigation is not completed within the period specified under sub-section (4), the investigation officer shall, within twenty four hours of the expiry of that period, report it in writing, stating reasons therefore, to his controlling officer and also to the magistrate concerned.
 
 
(6) Where, after examination of the report submitted under sub-section (2) and (4), the controlling officer or when the investigation was ordered by a magistrate, the magistrate concerned finds that the investigation officer is liable for the non-completion of investigation within the specified period, such liability shall be deemed to be inefficiency of that officer and such inefficiency shall be recorded in his annual confidential report, and in appropriate case departmental action may be taken against him under the service rules applicable to him].

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    Section 30B was inserted by section 2 of the Arms (Amendment) Act, 2002 (Act No. XXX of 2002)
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