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Report No. 84

1.6. Earlier reports of the Law commission.-

At this stage, it is proper to mention that some of the matters that now fall for consideration have been dealt with by the Law Commission in its Report on the Penal Code1 and in its Report on the Indian Evidence Act,2 wherein certain recommendations were made for reform of the law. We shall, at the proper place, make a reference in detail to those recommendations, and also indicate our views as to whether any further changes in the law are needed.

However, it would be appropriate to mention here a very important recommendation made by the Commission in regard to the Penal Code. In order to deal with cases where the circumstances are such that a male may be able to take undue advantage of the situation and seduce the woman to illicit intercourse, the Commission recommended the insertion in the Code of three specific sections, intended respectively to deal with illicit intercourse

(i) by a person having custody of a woman, with that woman,

(ii) by superintendent of an institution, with an inmate of the institution, and

(iii) by a person in charge of a hospital, with a mentally disordered patient.

These recommendations,3 made after careful consideration and intended to deal with social problems of some seriousness that were anticipated by the Law Commission, have assumed still greater importance during the period of nine years that has, elapsed since the Commission forwarded its recommendations. The substantive law relating to the offence of rape and sexual exploitation of women would, to a large extent, be fortified and improved by implementing these recommendations.

1. Law Commission of India, 42nd Report (Indian Penal Code).

2. Law Commission of India, 69th Report (Indian Evidence Act, 1872).

3. Law Commission of India, 42nd Report (Indian Penal Code), pars. 16.113 to 16.123.

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

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