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Report No. 37

401. Section 147A (New).-

A new provision, allowing the conversion of proceedings under section 147 into those under section 145 and vice versa, is required for the following reasons.

It might happen, that a party makes an application under section 145, but it turns out in the proceedings that what is in question is not a right to possession to a land or water, but a right to its user-in which case the party should have resorted to section 147 instead of section 145. The converse situation may arise, where a party resorts to section 147 in a case where section 145 was applicable. There has been a controversy1-3 whether, in such situations, it is competent for the Magistrate to convert the proceedings brought under one of these sections into a proceeding under the other relevant section. It is desirable to empower the Magistrate to proceed under the provision which is found to be really applicable.

Necessary amendment is recommended.4

1. K.E. v. Abdullah, AIR 1949 Nag 275, para. 4 (Reviews cases).

2. Turab Ali, AIR 1933 Lah 145.

3. Anath v. Wahid Ali, AIR 1925 Cal 1022.

4. Section 147A (proposed).

402. Section 148.-

In section 148, the words "'Chief Presidency Magistrate" be added. (Cf. the Bombay amendment).

403. Sections 149 and 150.-

It has been suggested1 that in section 149 "breach of peace" should be added. We do not favour it. It may prove to be vague. Most of the offences affecting peace are even now cognizable, and therefore fall under the general power of arrest.2

No change is needed in section 150.

1. F. 27(3)/55-Judl. II (Home Member), Appendix I, Item No. 25.

2. Section 54.

404. Section 151 and seizure of subject of dispute.-

Under section 151, a suggestion1 has been made to allow seizure of the animate or inanimate matter which is the subject-matter of dispute, leading to a breach of peace. But the suggestion has not found favour with us. The proposed power may turn out to be very wide and sometimes embarrassing.

1. F. 3(2)/55-L.C., Pt. I, S. No. 72.

405. Section 151 and breach of peace.-

A suggestion1 to add in section 151 a design to commit a breach of peace has been made, but has not found favour with US.2

1. F. 27(3)/55-Judl.II (Home Ministry File), Appendix I, Item No. 26.

2. Cf discussion regarding section 149.

406. Section 152.- No change is needed in section 152.

407. Section 153.-

The power under section 153 may be allocated to both kinds of Magistrates. Hence no change in the language is necessary.

408. Section 154 and First Information Report by accused.-

The following suggestion1 has been made by a High Court Judges:-

"It may be provided that a first information report made by an accused is admissible in evidence.

"There are already conflicting decisions under this section, and much valuable evidence is shut out, on account of legal difficulties in admitting such report."

The suggestion has been made under section 162, but seems to pertain to section 154.

1. F. 3(2)/55-L.C., Pt. III, S. No. 49(a).

409. We studied the case-law on the subject. Decisions during the last few years show, that there is no conflict or uncertainty so far as section 154 is concerned. The uncertainty arises by reason of the difficulty of determining whether a particular statement is a "confession" and therefore excluded by section 25 of the Indian Evidence Act, 1872.

We do not, therefore, recommend any change in section 154 in this respect.

Code of Criminal Procedure, 1898 (Sections 1-176) Back

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