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Report No. 84

3.32. Insertion of section 167A, Indian Penal Code recommended.-

Having regard to what we have stated above, we would recommend the insertion of a specific penal provision, say, as section 167A, in the Indian Penal Code on the subject. In view of the general scheme adopted in that Code, the proposed provision would not be confined to refusal to register the offence of rape and would cover other cognisable offences as well. The following is a rough draft of the provision that we recommend:-

"167A.-Whoever, being an officer-in-charge of a police station and required by law to record any information relating to the commission of a cognisable offence reported to him, refuses or without reasonable cause fails to record such information shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both."1

1. The proposed offence should be cognisable, bailable and triable by any Magistrate. Complaint of any particular police officer should not be required for taking cognisance.



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




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