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Report No. 29


Sections 85, 135 and 136 of the Criminal Code for Courts (as amended in 1956) are quoted below1:-

"85. (1) Whoever fails to discharge; or violates; or evades the duty of his profession, occupation, or service; or commits any other act from hostility toward the People's Democratic order with the intent:

(a) of frustrating or obstructing the carrying out or accomplishment of the Government plan for the development of the national economy in some sector; or

(b) of causing serious disturbance in the activity of a public authority or other agent, nationalized enterprise, people's co-operative, or any other organization of the socialist sector shall be punished by confinement for from 3 to 10 years.

Section 135.-(1) Whoever, by negligence, frustrates or obstructs the operation or the development of the government, national, communal or other public enterprise or of a people's co-operative, particularly by failing to discharge or by violating the duty of his profession, occupation, or his service by evading the fulfilment of such a duty shall be punished by confinement not to exceed 1 year and by fine or (under aggravating circumstances) by confinement for from 3 months to 3 years and by a fine.

Section 136.-If a private businessman or other person who is responsible for the management of his enterprise fails-even through negligence-to discharge an obligation resulting from the uniform economic plan or from required public deliveries or public works, he shall be punished by confinement not to exceed 6 months."

1. Based on G & G Government Law, etc. in Soviet Union, etc., pp. 1017 and 1019.

Proposal to include certain Social and Economic Offences in the Indian Penal Code Back

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