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Report No. 43

2.6. Offences under the Penal Code.-

The subject-matter of Chapters 6 and 7 of the Penal Code which are to be incorporated in the new law also falls within Entry 1 and Entry 2, respectively, of the Union List. Though these matters pertain to "criminal law" and fall within "matters included in the Indian Penal Code at the commencement" of the Constitution (Concurrent List, entry 1), they relate primarily to the Union List, entries 1 and 2. The entries in the Concurrent List are to be read subject to those in the Union List1. Moreover, Concurrent List, entry 1, expressly excludes offences against laws with respect to any of the matters specified in List I or List II. There should accordingly be no constitutional difficulty in extending those provisions also to the whole of India including the State of Jammu and Kashmir.

1 Cf. Indu Bhushan v. Rama Sundari, (1968) 2 SCC 289.

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