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Report No. 42

Appendix 1

Questionnaire

On Revision of the Indian Penal Code

Application of the code

1. Extra-territorial operation of the Code in respect of aliens is at present confined to offences committed on ships or aircraft registered in India (section 4). Should this be enlarged in any manner, e.g. to offences committed by aliens in the service of Government outside India?

Punishments

2. The punishments provided in the Code are death, imprisonment for life, rigorous and simple imprisonment, forfeiture of property and fine. Do you consider it necessary or desirable to add any other punishments, e.g.

(a) banishment for a term to a specified locality within India;

(b) externment for a term from a specified locality;

(c) corrective labour;

(d) imposition of a duty to make amends to the victim, by repairing the damage done by the offence;

(e) publication of name of the offender and details of the offence and sentence;

(f) confiscation.

In respect of what offences or types of offences would such punishments be appropriate?

3. The Code lays down only the maximum punishment for offences, and no minimum punishment except in very few cases. Are you in favour of laying down a minimum term of imprisonment for any offences? If so, for what offences?

4. Should imprisonment for life as the punishment prescribed for some offences be replaced by imprisonment for a specified long term, e.g. 20 years?

5. Have you any general suggestions to make for a reduction or increase in the quantum of punishment for various offences under the Code?

6. Are you in favour of providing any special form of punishment (such as, ordering suspension or winding up of business), for persistent violations of the law by Corporations?

7. (a) Where an offence is conjointly committed by a group of persons (say, exceeding ten in number), should the maximum punishment be higher than the maximum prescribed for that offence?

(b) For instance, should 'gherao' (wrongful restraint by a large group of persons) be made a separate offence with a severe punishment?

(c) have you any other additions to suggest for dealing with violent crimes committed by organised groups or by unruly crowds?

8. When a person commits an offence in a state of intoxication (self-induced), should that be made a ground for enhanced punishment?

9. (a) Do you think that there are too many provisions in the Code dealing with aggravated form of particular offences and the law should be simplified in this respect?

(b) Would it be preferable to give a list of aggravating and another of mitigating circumstances and provide generally that, in case of aggravating circumstances, the ordinary maximum punishment will be doubled, and, in case of mitigating circumstances, it will be halved?



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