Report No. 33
Section 44, Code of Criminal Procedure, 1898
Contents |
1. |
Subject-matter of the Report |
2. |
Why subject taken up |
3 - 4 |
Suggestion stated |
5. |
Points made of the suggestion enumerated |
6. |
First point - proposal to impose duty to report bribery |
7. |
Analysis of offences specified in section 44, Code of Criminal Procedure |
8 - 17 |
History of section 44 |
18. |
Bribery whether analogous to offences in section 44, Code of Criminal Procedure |
19. |
Section 45 of the Code considered |
20 - 21 |
Provisions in special laws |
22. |
Dilemma before the person bound to give information |
23 - 24 |
Qualified privilege |
27. |
English case as to qualified privilege |
28. |
History of qualified privilege |
29. |
Indian decisions as to qualified privilege |
30. |
Legal duty |
31. |
Indian cases as to legal duty |
32. |
Information given to police |
33. |
Statements in aid of justice |
34. |
Statements regarding suspected crime |
35. |
Statements as to misconduct of public servant |
36. |
Difficulty to be considered |
37. |
Mr. Justice Slade's view |
38. |
Partly true cases |
39. |
Conflict between duty to report and duty not to malign one's neighbour |
40. |
Delicate choice not to be forced on informant |
41. |
Present legal position |
42. |
No protection for wrong assumption |
43 - 45 |
Privilege for first information report |
46. |
Position at criminal law |
47. |
Good faith under Indian Penal Code |
48 - 52 |
Decisions under section 499, Indian Penal Code |
53. |
Moral duty |
54. |
Need for confining section 44, Code of Criminal Procedure within certain limits - (Observations of Criminal Law Commissioners) |
55. |
Considerations outlined above to be borne in mind |
56. |
Whether practical benefit likely to accrue |
57. |
Second point-disclosure in investigation |
58. |
Third point-disclosure in evidence |
59 - 63 |
Failure to state the whole truth |
64 - 74 |
Analysis of Comments received |
75. |
Conclusion |
76. |
Appendices |
Appendix 1 |
English Law as to Misprision of Treason and Felony |
|
It may be noted, that bribery is not a felony, but a misdemeanour, at common law4-5 |
Part I |
Felony and Misdemeanour |
1. |
Abolition of distinction between felony and misdemeanour |
2. |
Arrest without warrant |
5 and 12 |
Penalties for concealing offences or giving false informations |
Appendix 2 |
List of Provisions Apparently Analogous to Section 44, Code of Criminal Procedure, or Section 176, Indian Penal Code |
|
Acts are arranged alphabetically |
Appendix 3 |
List of Provisions Analogous to Section 45 of the Code of Criminal Procedure in Some Laws Relating to Police and Forests |
|
The list is illustrative only |