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Report No. 84

3.20. Section 166A, I.P.C. recommended.-

The following is a rough draft of the provision that we would recommend to be inserted in the Indian Penal Code on the subject mentioned above:-

(To be inserted in the Indian Penal Code)

"166A. Whoever, being a public servant-

(a) knowingly disobeys any direction of the law prohibiting him from requiring the attendance at any place of any person for the purpose of investigation into an offence or other matter, or

(b) knowingly disobeys any other direction1 of the law regulating the manner in which he shall conduct such investigation, to the prejudice of any person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both."2

1. Cf. sections 162(1), 163, 171, Code of Criminal Procedure, 1973.

2. Consequential amendment to be made in the Schedule to the Code of Criminal Procedure, 1973, so as to provide that the proposed that the proposed offence shall be cognisable, bailable and triable by any Magistrate.

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