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Report No. 154

44. Conviction by Nyaya Panchayat not a previous conviction.-

A conviction by a Nyaya Panchayat under this Act shall not be deemed to be a previous conviction for the purpose of section 75 of the Indian Penal Code.

45. Res judicata and pending suits and cases.-

(1) The Nyaya Panchayat shall not try any suit in respect of any matter which is pending for decision in, or has been heard and decided by a Court of competent jurisdiction in a former suit between the same parties or those under whom they claim.

(2) Where a case is pending in any court against an accused person in respect of any offence or where an accused person has been tried for any offence, no Nyaya Panchayat shall take cognizance of any such offence or on the same facts, of any other offence of which the accused might have been charged or convicted.

46. Assistance of Police to the Nyaya Panchayat.-

Every Police Officer functioning within the jurisdiction of a Nyaya Panchayat shall be bound to assist the Nyaya Panchayat in the exercise of the lawful authority.



The Code of Criminal Procedure, 1973 Back




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