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Report No. 177

Section 12 of the Bill seeks to introduce a new section, section 54A which runs thus:

"54A. Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction, may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit."

(The Parliamentary Committee has not made any comment on this proposal.)

Section 173 which occurs in chapter 12 as mentioned above, is sought to be amended by inserting a new sub-section, sub-section (3A), between the existing sub-sections (3) and (4), to the following effect:

"(3A) Where in respect of any offence compoundable under section 320, the person by whom the offence may be compounded under the said section gives in the course of investigation a report in writing to the officer in charge of the police station expressing his desire to compound the offence as provided for in the said section, such officer shall mention this fact in the police report under sub-section (2) and forward it to the Magistrate who shall thereupon deal with the case under section 320 as though the prosecution for the offence concerned had been launched "before that Magistrate."

(The Parliamentary Committee has disapproved this proposal on the ground that it may be misused by forcing the parties to agree to a compromise.)

Sub-section (1) of section 176 is sought to be amended by deleting the words "where any person dies while in the custody of the police or". After subsection (1), a new sub-section (1A), is sought to be introduced which runs thus:

"(1A) Where,-

(a) any person dies or disappears, or

(b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police, in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has been committed."

After sub-section (4) and before the explanation, a new sub-section, subsection (5) is proposed to be inserted to the following effect:

"(5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, as the case maybe, under sub-section (1A) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical man appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing."

(The Parliamentary Committee has suggested that the incidence of death, disappearance and rape occurring in judicial custody must also be brought within the purview of the proposed provisions. It has further suggested providing for compensation in the form of either employment to eligible family members or a pension of, say, Rs.1500/- p.m. to the bereaved family in the case of death in police/judicial custody.)

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