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 |
