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Report No. 33

7. Analysis of offences specified in section 44, Code of Criminal Procedure.-

The offences specified in section 44 of the Code of Criminal Procedure, 1898, seem to lend themselves to a broad classification as follows: -

Sections of the Indian Penal Code referred to in section 44,Code of Criminal Procedure. Nature of the offence.
Sections 121 to 126 and 130, Indian Penal Code. Offences against the State.
Sections 143 to 146 and 148, Indian Penal Code. Offences against public tranquility.
Sections 302 to 304, Indian Penal Code. Serious offences against the person, causing death.
Section 382, Indian Penal Code (Theft after preparation made for causing death), sections 392 to 399 and 402, Indian Penal Code (Robbery and Dacoity). Offences against property, evincing a determination to carry out one's object by violent means.
Sections 435 and 436, Indian Penal Code (Mischief by fire), sections 449, 450 and 456 to 460, Indian Penal Code (House-trespass to commit serious offences or offences where death or grievous hurt caused).

From this classification, it would appear that the offences in respect of which information is required to be given, are either those which create a sense of insecurity or show a malignant heart bent upon mischief-offences which, by their very nature, are such that immediate arrest is necessary to restore the sense of security or to prevent the offender from inflicting further harm. This is true even of the offence under section 382, Indian Penal Code which, though not constituting full-fledged robbery, practically amounts to robbery1. Further, the overt acts which constitute most of the offences specified in section 44 of the Code of Criminal Procedure, 1898, are so obvious, that ordinarily it would not be difficult for a layman to determine that an "offence" of the specified category has been committed.

1. Section 392, Indian Penal Code.



Section 44, Code of Criminal Procedure, 1898 Back




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