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Report No. 152

14.2. Indian Penal Code.-

The Law Commission reiterates its earlier recommendation made in the 135th Report on 'Women in Custody'. We recommend that a new section 166A be inserted in the Indian Penal Code, 1860 for punishing the violation of section 160 of the Code of Criminal Procedure, 1973:

"166A. Whoever, being a public servant-

(a) knowingly disobeys any direction of the law prohibiting him from requiring the attendance at any place of any person for the purpose of investigation into an offence or other matter, or

(b) knowingly disobeys any other direction of the law regulating the manner in which he shall conduct such investigation, to the prejudice of any person shall be punished with imprisonment for a term which may extend to one year or with fine or with both."

The proposed offence should be cognizable bailable and triable by any magistrate."

(Para 6.5)

14.3. The Commission reiterates need for insertion of section 167A in the Indian Penal Code, 1860 as recommended in its 84th Report of 'Rape and Allied Offences, and some question of substantive law, procedure and evidence' (para 3.3), on the following lines:-

"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 cognizable offence reported to him, refuses or without reasonable cause fails to record such information, shall be punished with the imprisonment of either description of or a term which may extend to one year or with fine or with both."

(Para 8.3)

Custodial Crimes Back

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