Report No. 113

Chapter 5

Recommendation

5.1. Amendment needed.-

On a consideration of all aspects of the matter and in the light of the comments received on the Working Paper, the Law Commission has come to the conclusion that there is need for amending the Evidence Act and inserting therein the proposed section. The Commission is aware that there may be special circumstances, where the drawing of a presumption against the police officer having custody of a person who is found to have received injuries may not be justified. However, such situations can be taken care of by the court not exercising its discretion. The reasons in support of amendment as set out earlier1 are adequate. It may also be added, that support for the proposed amendment has come not only from the public, but also from a few senior police officers2.

1. Chapter 3, supra.

2. See Chapter 4, supra.