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Report No. 152

6.5. Section 164A, I.P.C. recommended.-

As discussed earlier, section 160 of the Criminal Procedure Code, 1973 is observed more in its breach, than in its compliance. As a result, the object of protection by law to safeguard, the interest of witness is defeated. The Law Commission in its 84th Report on "Rape and Allied Offences: Some Question of Substantive Law, Procedure and Evidence" considered this question and recommended to enact a specific provision as section 166A in the Indian Penal Code to cover violation of section 160 of the Criminal Procedure Code.

Again in its 135th Report on "Women in Custody", the Law Commission recommended the insertion of section 166A in the Indian Penal Code providing for punishment to a public servant who knowingly disobeys any direction of the law prohibiting him from requiring the attendance of a person for the purposes of investigation into an offence. Unfortunately earlier recommendations have not been implemented. Consequently the safeguard provided to a witness continues to be defeated.

6.6. In the light of what we have stated in this Chapter, we reiterate the recommendation made in the aforesaid earlier Reports1 of the Law Commission of India to the effect that after section 166 of the Indian Penal Code, there should be inserted a new section 166A punishing the violation of section 160 of the Code of Criminal Procedure, 1973, Even if the view is taken that the situation is governed by section 166 of the Penal Code or by some other section of the code, we are very strongly of the view that there is need for a specific provision as recommended by us.

1. Law Commission of India, 84th Report on Rape and Allied Offences-Some Questions of Substantive Law, Procedure and Evidence, and Report on Whomen in custody.

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