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Report No. 33

6. First point - proposal to impose duty to report bribery.-

The first point1 (proposal to make it incumbent on every public servant to report offences relating to bribery) is related to section 44, Code of Criminal Procedure, 1898. That the offence of bribery is a serious one need not be disputed. That the legislature has emphasised its seriousness is evident from the fact that in recent times special and stringent provisions2, have been enacted for its prosecution and punishment. If therefore, by an amendment the offence can be inserted in section 44 (or in a provision similar to section 44 to be put immediately after section 44), and if such amendment is not open to any serious objection, then the proposal for amendment deserves consideration. We, therefore, first proceed to examine whether the proposal fits in with the scheme of section 44.

1. Para. 5(1), supra.

2. See the Prevention of Corruption Act, 1947 (2 of 1947).

Section 44, Code of Criminal Procedure, 1898 Back

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