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Report No. 33

18. Bribery whether analogous to offences in section 44, Code of Criminal Procedure.-

Bribery, in our opinion, does not bear an analogy to the offences specified1 in section 44. There is no question of a sense of insecurity2 being created by bribery, or of the public tranquility being disturbed or of violence being employed. The harm, though serious, is not of the same category as that resulting from the offences mentioned in section 44. Moreover, it may be difficult for a layman to satisfy himself fully about the facts and decide whether the act of giving money or other gratification is accompanied by the various circumstances so as to fulfil all the ingredients of the offence as defined in section 161, Indian Penal Code and connected sections.

1. Para. 7, supra.

2. Contrast para. 7, supra, as to murder, etc.

Section 44, Code of Criminal Procedure, 1898 Back

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