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Report No. 156

Clause 203

12.92. The Law Commission has recommended in para. 22.6 read with para. 7.9 of its 42nd Report that clause (a) of sub-section (1) of section 505, I.P.C. should be incorporated with certain modifications in Chapter VII as new section 138A on the lines mentioned in the Report.

The Commission further recommended under para. 22.6 read with para. 8.26 of 42nd Report that the rest of the section 505 should be taken in Chapter VIII as new section 158B.

By virtue of clause 52 of the Bill, Chapter VII is proposed to be substituted and under the proposed section 138A thereof, the provisions of existing sub-section (1) of section 505, I.P.C. are proposed to be transposed with modifications. Similarly, by virtue of clause 58 of the Bill, sub-sections (2) & (3) of the existing section 505 are proposed to be transposed with modifications, as section 153C.

The Law Commission in para. 22.6 read with para. 7.9 of its 42nd Report, recommended that clause (a) of sub-section (1) relating to statements made with intent to cause mutiny, dereliction of duty, insubordination etc. among the armed forces should find a place in the Chapter relating to offences against the armed forces. The Commission recommended to add it as section 138A on the lines stated under para. 7.9 of the Report. The proposed section 138A is in accordance with the said recommendations to which we agree.

However with regard to the rest of section 505, i.e., section 505(2) and (3) of the Penal code, the Commission recommended under para. 22.6 read with para. 8.26 that the provisions could well be regarded as creating offences against public tranquility and should be taken in Chapter VIII as section 158B. It felt that the provisions of section 505(2) and (3) of the Penal Code really relate to public tranquility. This part of the section is very similar to, though not wholly covered by section 153A and thus it would be logical to include it in Chapter 8 immediately after section 153A.

A perusal of the proposed section 153C under clause 58 of the Bill shows that these provisions are on the lines of the proposed section 158B recommended under para. 8.26 of the 42nd Report which incorporates the provisions of section 505(2) and (3) with certain modifications. Thus the provisions under the existing section 505 may be omitted since these are covered and transposed In the proposed provisions as stated above.



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