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Report No. 41

Chapter IV

Aid and Information to The Magistrates and The Police

4.1. Previous Reports.-

In this short chapter which consists of only four sections, no major changes of substance were recommended in the previous Report. The Law Commission in its 33rd Report considered a suggestion to insert a provision in this chapter under which a duty would be cast on public servants to give information about the commission of offences under sections 161 to 165A of the Indian Panel Code and section 5 of the Prevention of Corruption Act. 1947, but advised against the proposed measure.

4.2. Section 42.-

The words "whether within or without the Presidency towns" may be omitted from section 42 as being superfluous.

4.3. Section 44.-

Under section 44, every person aware of the commission of, or of the intention to commit, certain specified offences is bound to give information to the nearest Magistrate or police officer. Amongst the sections mentioned at present are sections 435 and 436 of the Indian Penal Code, relating to mischief by fire. With the object of encouraging the detection of similar offences in respect of roads, bridges, embankments, ligh.-houses, vessels etc., the previous Report1 recommended the addition of sections 431 to 434 and 437 to 439 of the Indian Penal Code. We agree with this recommendation. In this section also the words "whether within or without the presidency towns" are superfluous and may be omitted

1. 37th Report, para. 176(v).

4.4. Section 45.-

While in the main paragraph of section 45(1), certain words were added in 1955 to cover members of village panchayats, consequential amendment was not made in clause (a) of the section. A recommendation to make this amendment was made in the previous Report.1

1. 37th Report, para. 180.

4.5. Amendments recommended.-

The following amendments may, accordingly, be made in this chapte.-

(1) In section 42, the words "whether within or without the Presidenc.-towns" shall be omitted;

(2) In su.-section (1) of section 44,

(i) the words "whether within or without the Presidenc.-towns" shall be omitted; and

(ii) for the figures "435, 436", the figures and words "431 to 439", shall be substituted; and

(3) In section 45, su.-section (1), clause (a), after the words "or polic.-officer", the words "or of the panchayat of which he is a member" shall be inserted.

Code of Criminal Procedure, 1898 Back

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