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Report No. 38

33. Section 6 and the general question of State liability in tort.-

While on section 6, we may draw attention to a previous report of the Law Commission1, in which the general question of liability of the State in tort was considered.

The recommendation made there was, in substance, to the effect that (so far as is material to the subject under discussion) while the State should be generally liable for the torts of its servants and agents, the existing immunity under the Indian Post Office Act, 1898, may be preserved2-3.

1. First Report (Liability of the State in Tort)

2. Compare the Federal Tort Claims Act, 28 U.S. Code (1948 Edn.) [Judiciary and Judicial Procedure, section 2680(b)] which barred "Any claim arising out of the loss, miscarriage or negligent transmission of letters or postal matter".

3. Title, 28 U.S. Code (1964 Edn.) deals with the question.

Indian Post Office Act, 1898 Back

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