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Report No. 152

6.4. Need for Penal sanction.-

The principal objective of the proviso to section 160(1) is to ensure that the examination of young persons and of women is undertaken in an environment familiar to them, so that the possibility of physical abuse is eliminated, as also the possibility of creation of psychological tension in their minds. In the modern era when the protection of privacy is given great importance, this provision obviously assumes considerable significance.

In any case, the under lying assumption that calling the woman etc. to the police station is an extremely undesirable enact implied that the provision must be complied with scrupulously. Unfortunately, as present, the law while enacting this restriction has failed to enact a direct and specific provision to enforce this salutary prohibition. It is to remedy this situation that a penal provision in the nature of criminal sanction is needed.

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