40. Powers of officers appointed. Whenever any person holding an office in the service of Government
who has been invested with any powers under this Code throughout any local area is 1[appointed] to an
equal or higher office of the same nature, within a like local area under the same 2[Provincial Government],
he shall, unless the 2[Provincial Government] otherwise directs, or has otherwise directed, 3* * * exercise
the same powers in the local area 4[in which] he is so 1[appointed].
7[41. Withdrawal of Powers. The Provincial Government may, on the recommendations of the High
Court, withdraw all or any power conferred by it under this Code on any person or Magistrate].
PART III
GENERAL PROVISIONS
______
CHAPTER IV
OF AID AND INFORMATION TO THE MAGISTRATES, THE POLICE AND PERSONS
MAKING ARRESTS.
42. Public when to assist Magistrate and Police. Every person is bound to assist a Magistrate
6[,Justice of the Peace] or policeofficer reasonably demanding his aid, 5* * *,__
(a) in the taking or preventing the escape of any other person whom such Magistrate or police
officer is authorized to arrest;
(b) in the prevention or suppression of a breach of the peace, or in the prevention of any injury
attempted to be committed to any railway, canal, telegraph or public property.
43. Aid to person other than policeofficer, executing warrant. When a warrant is directed to a
person other than a policeofficer, any other person may aid in the execution of such warrant, if the person
to whom the warrant is directed be near at hand and acting in the execution of the warrant.
1 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 8, for “transferred”.
2 Subs. by A.O., 1937, for “L.G.”.
3 The words “continue to” rep. by Act 18 of 1923, s. 8.
4 Subs. ibid., for “to which”.
5 The words “whether within or without the presidencytowns” omitted by A.O., 1961, Art.2 and Sch. (with effect from the 2nd March, 1956).
6 Subs., added and ins. by Ord. 12 of 1972, s. 2 and Sch.
7 Subs. by Ord. 37 of 2001, s.20 (w.e.f. 1482001).
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