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Report No. 154

Sections 161 & 162

D.G.P. Thiru S. Sripall agreed with the proposal to get the accused arrested in warrant cases. Whereas in respect of summons cases to ascertain the facts contradicting the witnesses and get the attestation. Chairman, Law Commission India referred to section 157 of the Indian Evidence Act and said that ne wished the following:

(a) Police Commission suggestion on the above is agreeable.

(b) Regarding the statement as above, said that there is no harm in taking the signature to be attested. This would enable to identify the witnesses. The witnesses should be produced before the higher authority and the magistrate. This would be much more authentic as well as contradicting.

Thiru Saravanaperumal, Director of Prosecution said that the above will only lead to overburden the magistrate who will not be accepting to this. However, amendment to these sections was sought by him and other police personnel.

Section 167

Chairman, Law Commission of India said that the arrested persons for the first fortnight should be kept under police custody and thereafter under judicial custody and therefore amendment to section 167 is necessary. There was no objection from the police officers.

The Code of Criminal Procedure, 1973 Back

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