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Report No. 154

78. Insertion of proposed section 357(A) in Cr. P.O

Do you agree that in order to provide separately for compensation for custodial offences, committed within the custody of a public servant, a new section 357(A) should be inserted as recommended by the Law Commission in its 152nd Report providing for adequate compensation with the types of harm suffered by the victim and such amount wholly or partly be collected from the delinquent public servant?


79. Alternatively whether a separate provision be inserted based on the concept of "victimology" providing for the constitution of a Compensation Board on the lines on those prevailing in the United Kingdom?

80. Compensation of persons groundlessly arrested: Amendment of section 358

Do you agree that sub-sections (1) and (2) of section 358 of the Code he amended to substitute the words "one thousand rupees" in place of the words "one hundred rupees", to make the provision more effective as laid down in clause 35 of the Code of Criminal Procedure (Amendment) Bill, 1994?

81. Order to release on probation of good conduct or after admonition Amendment of section 360

Do you agree that a new sub-section (3A) of section 360 of the Code be amended by providing such measures for effective implementation of correctional methods so that after release of the accused on probation, the accused is treated well and rehabilitated?

82. Appeal by the State Government or complainant against sentence or acquittal

Do you agree that the appeal against the sentence or acquittal against the orders of the Magistrate can be filed before the Sessions Court instead of High Court and that sections 377 and 378 be amended accordingly as contained in clause 37 of the Criminal Law (Amendment) Bill, 1994?

83. Suspension of sentence pending the appeal: release of appellant on bail: Amendment of section 389

Do you agree that a proviso be added to sub-section (1) of section 389 that in all cases where conviction is in respect of an offence punishable with 7 years or above the Public Prosecutor be given an opportunity for showing cause against such release?

84. Prevention in Women's institutions: insertion of a new section 417A

Do you agree with the suggestion of the Law Commission of India in its 84th Report on 'Rape and Allied Offences' that section 417A be inserted in the Code of Criminal Procedure so that where there is no suitable arrangement in the locality for keeping arrested women in custody in a place of detention exclusively meant for women the arrested women be sent to a institution established and maintained for the reception, care, protection and welfare of women or children licensed under the women's and Children's Institutions (Licencing) Act, 1956 or an institution recognised by the State Government?

85. Period of detention undergone by the accused to be set-off against the sentence of imprisonment: Amendment of section 428

Do you suggest insertion of the following proviso to section 428 to the effect that in cases referred to in section 433A also, such period of detention shall be set-off against the period of 14 years referred to in that section in appropriate cases?

86. Special provisions in respect of women

(a) In respect of women convicted of any offence, should there be any further change under sections 433 and 433A of the Code of Criminal Procedure regarding remission or commutation at sentences?

(b) Whether any further changes are necessary under section 125 of file Code of Criminal Procedure in matter of maintenance of wife, children, etc.?

The Code of Criminal Procedure, 1973 Back

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