Report No. 84
3.17. Defect in drafting.-
Though it is clearly the policy of the law to ensure that the interrogation of the persons in question (women and young boys) should be done at their residence, the object is not, at present, fully reflected in the words employed for the purpose in section 160(1), proviso. The expression "place" is a wide one. Its definition1 in the Code is also an inclusive one, and in any case, does not indicate very clearly that in the context of section 160(1), proviso, "place" means a place where the person resides.
It is a mistake to think that section 160(1), proviso enjoins the police officer to interrogate a woman at the place where the woman resides. This is not so. "Place" means the locality in which the woman resides and ever which the police officer has jurisdiction. In order to reflect the legislative policy more fully and to fortify the protection sought to be enacted in the proviso, the phraseology, in our opinion, requires a slight alteration.
1. Section 2(p), Code of Criminal Procedure, 1973.