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Report No. 29

39. Permanent offences and temporary malpractices.-As has been pointed out in one article1, some offences go against the fundamental structure of the society. On the other hand, there are some activities which are regarded as offences because of a temporary dislocation of the economic structure. "Statutory offences mainly belong to the second category. They are intended to counter-act passing phenomena. So long as human life is considered of value-and it be eternally so-taking away human life would be considered a crime. On the other hand, if things return to normal, there will be no necessity for any Guest Control Order or for the matter of that any Control order."

1. (1964-65) 69 CWN (No. 14), p. 57 (8th February, 1965, Editorial note).

40. Example of Guest Control order cited.-As regards the argument that courts attach more gravity to offences mentioned in the Penal Code, it has been stated1-"An offence of, say, entertaining more than 100 guests in violation of the Guest Control Order cannot be looked upon by anybody as an offence as heinous as rape, even if it is enacted in the Penal Code as section 376-A".



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




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