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Report No. 33

Section 44, Code of Criminal Procedure, 1898

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

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