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Report No. 24

Section 5

In section 5 of the principal Act,-

(a) in sub-section (1), after the word, figure and brackets "sub-section (5)", the words, figures and brackets "sub-section (6) or sub-section (7)" shall be inserted;

(b) in sub-section (2), the following words shall be inserted at the end, namely:-

"and any person so required shall be bound to furnish such information.".

(c) sub-section (5) shall be re-numbered as sub-section (7), and before that subsection as so re-numbered, the following sub-sections shall be inserted, namely:-

"(5) If any person, by words either spoken or intended to be read, makes or publishes any statement or does any other act which is calculated to bring the Commission or any member thereof into disrepute, he shall be punishable with simple imprisonment which may extend to two years or with fine or with both.

(6) The provisions of section 198B of the Code of Criminal Procedure, 1898 (5 of 1898), shall apply in relation to an offence under sub-section (5) as they apply in relation to an offence referred to in sub-section (1) of the said section 198B, subject to the modification that no complaint in respect of such offence shall be made by the Public Prosecutor except with the previous sanction-

(a) in the case of a Commission or member of a Commission appointed by the Central Government, of that Government;

(b) in the case of a Commission, or a member of a Commission appointed by the State Government, of that State Government.".

Commissions of Inquiry Act, 1952 Back

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