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Report No. 152

5.22. Other matters.-

The recommendations that we have made in some of the paragraphs immediately preceding this paragraph seek to take care of important matters on which a legislative position is urgently desired. For the present, we are not recommendations regarding some matters touched upon in this Chapter, because they may not lend themselves easily to legislative formulation.

However the need to codify them in the Police Manual is very urgent. We are referring here to such specialised topics as relate to the arrest of judicial officers and the arrest of Members of Parliament. The fact that in this report, we are not suggesting legislative amendment on these points, does not mean that they are not of vital importance. If such problems recur, it may be necessary to attend to them by recommending statutory provisions.

As regards matters dealt with in the Law Commission of India's 135th Reports (Women in Custody), we have already made a recommendation in this Chapter1 on points directly relevant to the theme of arrest in the context of the present Report. But the remaining recommendations made in that Report also need to be implemented. We note that in the Bill recently introduced to amend the Code (9th May, 1994), one or two of the points dealt with in the 135th Report have been implemented.

But many other recommendations of that Report have been left out even though they relate to provisions of the Code of Criminal Procedure, 1973. We have not been able to locate in the Notes on Clauses to the Bill any reasons for this non-implementation. We are of the view that the remaining recommendations should also be implemented as that would safeguard the interest of women.

1. Para. 5.17, Supra.

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