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Report No. 84

5.7. Recommendation to amend section 327, Cr. P.C.-

In the light of the above discussion, a specific proviso should be added to section 327 of the Code of Criminal Procedure, as under:-

Proviso to be added to section 327 of the Code of Criminal Procedure, 1973:1

"Provided further that unless the presiding judge or magistrate, for reasons to be recorded, directs otherwise, the inquiry into and trial of rape or allied offence shall be conducted in camera.

Explanation.-In this sub-section, the expression 'rape or allied offence' applies to-

(a) an offence punishable under section 354 or section 354A of the Indian Penal Code;2

(b) an offence punishable under section 376, section 376A, section 37613 or section 376C of that Code;3

(c) an attempt to commit, abetment of or conspiracy to commit any such offence as is mentioned in clause (a) or (b) of this Explanation."

Further, the following sub-section should be added to section 32 :

Sub-section to be added to section 327, Code of Criminal Procedu , 1973 after re-numbering present section as sub-section (1).

"(2) Where any proceedings are held in camera, it shall not be 1 flu for any person to print or publish any matter in relation to any such proc ding except with the previous permission of the Court."2-3

1. Section 327, Code of Criminal Procedure, 1973.

2. Section 354A was recommended to be inserted by the Law Commission in the 42nd Report (Indian Penal Code).



Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back




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