Report No. 113

3.2. Question of amendment considered.-

The question to be considered is this. Is it desirable to enact a special rule for such a situation ? Prima facie, there seems to be a need for such a provision in the light of the incidents that are reported from time to time. Some incidents might possibly go unreported also. It may be mentioned that in the context of the law of rape as contained in the Indian Penal Code, Parliament has recently enacted a special provision addressed to the situation of women who are sexually exploited by persons in whose custody or under whose charge they might have been placed for the time being.

The provision became necessary in view of reported incidents of abuse of position and transgression of the law by such persons. Incidents of torture during police custody are analogous to the above mentioned situation and amount to abuse of official position, resulting in a transgression of the law. It is, therefore, a matter for serious consideration if there should not be inserted a suitable provision addressed to the problem which the Supreme Court had to deal with.