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Report No. 87

4.8. Section 1(2) to be amended.-

If the view taken by us1 about legislative competence is correct in law, then there should be no difficulty in extending the Act of 1920 to the whole of India except the State of Jammu and Kashmir. Once this is done, the way is clear for considering improvements in various sections of the Act. The changes to be proposed need not therefore be confined to the provisions of section 5. In the light of the above discussion, we recommend that the Act should be extended to the whole of India except the State of Jammu and Kashmir. The amending Act will, of course, take care to repeal corresponding laws in force in areas formerly comprised in Part B States and make such transitional provisions as may be necessary.

1. Para. 4.7, supra.



Identification of Prisoners Act, 1920 Back




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