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Report No. 84

3.31. Present law.-

As to the present law on the subject, it would appear that the matter is not very specifically covered by the substantive criminal law. No doubt, there are provisions in the Indian Penal Code punishing public servants for the malicious exercise of their powers in certain cases, which it is unnecessary to discuss for the present purpose. Many Police Acts also contain provisions punishing a police officer for "violation of his duty"1 or provisions similarly worded. The punishment laid down is, however, usually mild; for example, in the Delhi Police Act it is imprisonment upto three months or fine upto Rs. 100. The punishment is mild presumably because such provisions are of a general character, embracing "violations of duty" of various degrees and shades.

1. Compare section 122(f)(iv), Delhi Police Act, 1978.

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