Report No. 42
166. Amendment of section 398.-
In section 398 of the Code.-
(a) after the words "at the time of" the words "committing or" shall be inserted; and
(b) for the words "seven years" the words "three years" shall be substituted.
167. Amendment of section 399.-
In section 399 of the Code, for the words "ten years", the words "seven years" shall be substituted.
168. Substitution of new sections for sections 400 to 402.-
For sections 400, 401 and 402 of the Code, the following sections shall be substituted, namely.-
"400. Belonging to gang of dacoits.- Whoever belongs to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine.
401. Belonging to gang of thieves or robbers.- Whoever belongs to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of dacoits, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
402. Assembling for purpose of committing robbery or dacoity.- Whoever
(a) is one of three or more persons assembled for the purpose of committing robbery, or
(b) is one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine."
169. Amendment of section 403.-
In section 403 of the Code.-
(a) after illustration (c) to the main section, the following illustration shall be inserted, namely.-
"(d) A and B are partners in a firm which carries on the business of jewellers. A takes a jewel which is the property of the firm, intending to show it to a prospective customer. Here as A has a "right to do so, A does not dishonestly misappropriate. But if A sells the jewels and appropriates the whole proceeds to his own use without authority to do so under the partnership agreement, he is guilty of an offence under this section,"
(b) for Explanation 2 (including all three paragraphs), the following Explanation shall be substituted, namely.-
"Explanation 2.-It is not dishonest misappropriation for a person who finds property not in the possession of any other person, to take it for the purpose of protecting it for, or of restoring it to, the owner; but it is such misappropriation if he appropriates it to his own us.-
(a) when he knows, or has the means of discovering the owner, or
(b) when he does not in good faith believe that the owner cannot be discovered, or
(c) before he has used reasonable means to discover and give notice to the owner, and allowed a reasonable time for the owner to claim the property."
170. Amendment of section 408.-
In section 404 of the Code before the word "property", the word "any" shall be inserted.