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Report No. 273

(ii) 152nd Report (1994): Custodial Crimes

3.7 The Commission dealt with the issues of arrest and abuse of authority by the officials and making reference to all Constitutional and statutory provisions including Articles 20, 21 and 22 which are bound to be observed mandatorily as they deal with the life and liberty of persons.

It also took into consideration the provisions of the Indian Penal Code, 1860 particularly sections 166 & 167 (disobeying directions of law by public officers), 220 (confining a person for corrupt and malicious reasons), 330 & 331 (illegal restraint and causing harm to body) sections 340-348 (wrongful restraint and wrongful confinement), sections 376(2) (aggravated form of rape committed by police officers etc.), 376B to 376D (Custodial sexual offences) and sections 503 and 506 (criminal intimidation).

The Commission also considered the provisions of Cr.PC, particularly section 41 (arrest), section 49 (restraints), section 50 (grounds of arrest), section 53 (medical examination of the accused), section 54 (medical examination at the request of the arrested person), sections 56-58 (action after arrest), sections 75-76 (arrest under warrant), section 154 (information in cognizable cases), section 163 (provision of inducements) section 164 (confession before magistrate), section 313 (examination of the accused in court), section 357 (compensation).

3.8 The Commission also considered the various provisions of the Indian Evidence Act, 1872, e.g., sections 24-27. The main recommendation of the Commission included amendment of IPC by inserting new provision for punishing the violation of section 160, Cr.PC. It also recommended amendment of Cr.PC by adding the provision section 41(1A) for recording the reasons for arrest and to add section 50A to inform the relatives etc. With regard to Indian Evidence Act, the Commission reiterated adding new provision, i.e. section 114B as recommended in the 113th Report.

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