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Report No. 33

19. Section 45 of the Code considered.-

We have also considered the provisions of section 45 of the Code of Criminal Procedure 1, under which village-headmen, accountants, landholders and others are bound to report certain matters. Most of these matters relate to offences affecting the maintenance of order or security,- Offences under sections 460, 489A, 489B, 489C and 489D, Indian Penal Code are also reportable under section 45(1) and under section 45(1)(f), the District Magistrates can require the persons mentioned in the opening sentence, of section 45(1) to communicate information respecting any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property, respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, has directed him to communicate information. Bribery and corruption do not seem to be analogous to the matters which are specifically mentioned in section 45 or regarding which an order can be made under section 45(1)(f).

As regards section 45(1)(e), which mentions, inter alia, section 489A, Indian Penal Code, etc. (offences relating to currency notes) , it should be observed that it applies in respect of the commission of these acts at a place out of India near the village. The overt acts required in offences affecting currency notes would be obvious. A private person can hardly claim that an act of counterfeiting or possession of instruments of counterfeiting, etc., has a lawful purpose.

1. Section 45, Code of Criminal Procedure, 1898.

Section 44, Code of Criminal Procedure, 1898 Back

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