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Report No. 33

40. Delicate choice not to be forced on informant.-

The point is, that the informant should not be forced to make the delicate choice of deciding (i) whether he should take the risk of being sued in defamation (by reporting a suspected case of bribery, in order to avoid a prosecution under sections 176 and 202, Indian Penal Code), or (ii) whether he should take the risk of remaining silent and incur the consequential risk of a prosecution (by not reporting in order to avoid a suit for damages for defamation).

Section 44, Code of Criminal Procedure, 1898 Back

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