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Report No. 154

37. Police officer's power to require attendance of witnesses: Amendment of section 160

Do you agree with the recommendation of the Law Commission made in its 152nd Report that after the existing proviso contained in section 160(1) on Code of Criminal Procedure, 1973, a second proviso be added, on the following lines:

"Provided further that no person shall be required to attend at any place other than his or her dwelling place unless, for the reasons to be recorded in writing by the Investigating Officer, it is necessary to do so; and every such person shall be summoned by an order in writing"?

38. Do you agree that in order to prevent violation of section 154 by non-registration of F.I.R., there should be the insertion of a specific penal provision, say, as section 167A, in the Indian Penal Code, as recommended by the Law Commission in its 84th Report, para 3.32 thereof as follows:

"167A.-Whoever, being an officer-in-charge of a police station and required by law to record any information relating to the commission of a cognisable offence reported to him, refuses or without reasonable cause fails to record such information shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both"?



The Code of Criminal Procedure, 1973 Back




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