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Report No. 29

Appendix 4

Existing Statutory Provisions Regarding Offences in the Nature of Breaches of Contracts Resulting in Delivery of Goods not According to Specifications

There are no direct provisions penalising such breaches of contracts for delivery. But these may be noted:-

Section 420, Penal Code

Punishes "cheating"1.

Rule 125(3)(dd), Defence of India Rules. 1962.

Authorises the making by the Government of an order for securing the production, manufacture, supply or sale, according to the prescribed standardsand specifications of any article or thing which appears to the Government as essential to any of the purposes specified in rule 125(2)

The various enactments relating to weights and measures (listed in the Second Schedule to the Standards of Weights and Measures Act, 1966).

These would be relevant for the use of false weights or measures.

Section 5, Indian Standards Institution Act, 1952 read with section 13. See also the Agricultural Produce (Grading and Marketing) Act, 1937 and the Drugs Act, 1940.

This would be relevant for goods falsely bearing the standard mark.

. See Banwari Lal v. State, AIR 1963 SC 162.

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

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