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Report No. 156

Clause 183

12.81. Under this clause, Chapter XVIIA is sought to be introduced by way of inserting section 462A. A perusal of this new section manifestly shows that it is meant to cover the offences committed in relation to private employment. The relationship between an employer and employee in a private employment is different as compared to the employment relating to a public servant as defined in section 21 of I.P.C.. Corruption by public servant is of public concern and is specifically dealt with under the Prevention of Corruption Act as well as by some of the provisions in I.P.C..

The same principle cannot be made applicable to private employees even if the acts mentioned under the new section amount to a kind of misconduct with reference to discharge of his duty vis-a-vis the employer. If during the course of such employment the employee commits offences like forgery, cheating, criminal breach of trust, misappropriation etc., then that would definitely amount to an offence punishable under the Penal Code.

But other types of acts like taking some remuneration other than legal remuneration for doing some act by themselves may not amount to any one of these offences and if such act or omission by the employee results in injury or loss to the employer then that would be a cause for dismissing or claiming damages and the liability will be one of the tortuous nature. Having carefully considered all the aspects, we are of the view that this new Chapter dealing with offences relating to private employment need not be there. So consequently clause 183 should be omitted.

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