Report No. 37
331. Sections 133, 134 and Uttar Pradesh Committee's suggestion.-
With reference to section 133, the U.P. Committee1 has suggested that, to remove changes of misunderstanding, sections 133 and 134 of the Code may be amended suitably.
We are already recommending certain verbal changes.2
1. F. 3(2)/55-L.C., Pt. VII, S. No. 449, Suggestion of the U.P. Committee for Investigation of Causes of Corruption in Subordinate Courts in U.P., (1963), Report, pp. 43-44 (Draft at pp. 227 to 230).
2. See section 133, as proposed.
332. Section 133(1) and Magistrates empowered.-
With reference to section 133(1), it is the suggestion of a High Court Judge1 that powers under the section be limited to the District Magistrate and to Sub-divisional Magistrates specially selected. We have given our anxious consideration to this suggestion. But, since the Legislature has, in 1923, deliberately expanded the category of Magistrates who could act under section 133, we hesitate to make a recommendation for reverting to the old position.
[The reason given in the Bill of 1914 which ultimately led to the Amendment Act of 1923 was that instead of Magistrates specially empowered, all First class Magistrates were empowered to act under the section whenever necessary.2]
[Section 133(1), as enacted in 1898, was confined to the District Magistrate, Sub-divisional Magistrate, and First Class Magistrates specially empowered. In 1923, it was extended to all First Class Magistrates. Second Class Magistrates (unless they are also Sub-divisional Magistrates) are not mentioned.]
1. F. 3(2)/55-L.C., Pt. II, S. No. 33(a).
2. See Gazette of India, Pt. V, 28th March, 1914, Statement of Objects and Reasons to the Amendment Bill, under clause 19.
333. Section 133 and Jury.-
A suggestion to abolish jury in proceedings under section 133 has been made by a State Government.1 But we are unable to agree with it. Orders under section 133 are of a far-reaching nature. Jury is a good safeguard for such orders, as affording an indication of what is considered reasonable and proper.2
1. F. 3(2)/55-L.C., S. No. 28.
2. See also para. 341, infra.
334. Section 133 and summons procedure.-
A suggestion to insert a provision that the summons procedure be followed in cases under section 133 et seq. was considered. No such change is necessary.1
1. See section 137(1), which already provides that evidence shall be taken as in a summons case.
335. Section 134.- No change is needed in section 134.
336. Section 135.- As regards section 135, certain points have been considered1 under section 139A.
1. See discussion under section 139A.
337. Sections 135 and 136 and Uttar Pradesh Committee's suggestion.-
The following suggestion has been made by the U.P. Committee,1 with reference to sections 135 and 136.
Trial by jury having been abolished, sections 135 and 136 of the Code (which still retain the provision for appointment of jury) should also be amended suitably.
We have already expressed our views in 'the matter.2
1. F. 3(2)/55-L.C., Pt. VII, S. No. 449, Suggestion of the U.P. Committee for Investigation of Causes of Corruption in Subordinate Courts in U.P. (1963), Report, pp. 43-44 (Draft at pp. 227 to 230).
2. See discussion regarding section 133 and jury (Para. 333, supra).
338. Section 136.- No change is needed in section 136.
339. Section 137.-
Section 137, may be amended as follows:-
(i) for the word "he" in section 137(1), the words "such person" should be substituted. A section should not, ordinarily, use a pronoun referring to a noun used in a previous section;
(ii) in section 137(2), the Magistrate should have power to modify the order.1
1. As to existing law, see
(i) Sadanand, AIR 1958 All 174.
(ii) Juje D Silva, AIR 1943 Mad 335.
(iii) Secretary, Rate Payer's Committee, AIR 1952 Cal 127.
340. Section 137A (New).-
The suggestion of the U.P. Committee for investigation into corruption etc.1 to the effect that in proceedings under section 133 et seq., the court should have a power to direct a local inquiry or to summon and examine an expert, has been found acceptable to us. A section to that effect may be inserted.2
1. F. 3(2)/55-L.C., Pt. VII, S. No. 449, Report of the Committee, (1963), p. 44, and draft at p. 230.
2. See section 157A (as proposed).
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