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Report No. 29

Appendix 31

Proposals as shown in The Form of Draft Amendments to The Indian Penal Code

(This is a tentative draft only)

1. After section 379 of the Indian Penal Code (45 of 1860) (hereinafter called "the Code"), the following section shall be inserted, namely:-

"379A. Theft of public property.-Whoever commits theft in respect of any public property shall be punished with imprisonment of either description which may extend to seven years, and shall also be liable to fine.

[New]

Explanation.-In this section "public property" means the property of the Government, and includes the property of-

(a) a corporation established by or under a Central, Provincial or State Act;

(b) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); and

(c) a local authority."

[Cf. section 21 Twelfth Clause, Indian Penal Code, as amended by Act 40 of 1964.]

2. Section 420A.-After section 420 of the Code, the following section shall be inserted, namely:-

"420A. Cheating public authorities.-Whoever in pursuance of any contract for the delivery of any goods, the construction of any building or execution of other work, cheats the Government or other public authority-

[New]

(a) in the case of a contract for the delivery of goods, by supplying goods which are less in quantity than, or 'inferior in quality to, those he contracted to deliver, or which are otherwise not in accordance with the contract, or

(b) in the case of a contract for the construction of a building or execution of other work, by using goods which are less in quantity than, or inferior in quality to, those he contracted to use, or which are otherwise not in accordance with the contract,

shall be punished with imprisonment of either description for a term which may extend to seven years, and shall be also liable to fine.

[Cf. section 25, Indian Penal Code, Fraudulently.]
[Cf. section 420, Indian Penal Code.]

Explanation.-In this section, "public authority" means-

(a) a corporation established by or under a Central, Provincial or State Act;

(b) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); and

(c) a local authority.

[Cf. Section 21, Twelfth clause, Indian Penal Code, as amended by Act 40 of 1964.]



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




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