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Report No. 156

Chapter XIII

Conclusion and Recommendations

13.01. We have now come to the end of our detailed study of the Code. The recommendations which we have made for its improvement are numerous, ranging from verbal changes designed to remove ambiguities and clarify underlying ideas, to substantial changes with a view to its simplification and modernisation along with some additions in the existing provisions.

13.02. No doubt, the evaluation of The Indian Penal Code (Amendment) Bill, 1978 was the main task in this Report. The said Bill was based on 42nd Report of the Law Commission, and could not become an Act in spite of having been passed by the Rajya Sabha as the then Lok Sabha was dissolved. Beside the said Bill, the Law Commission also examined a number of new problems and issues which gave rise to the necessity of undertaking a further comprehensive revision of the Indian Penal Code in the light of current socio-legal scenario.

13.03. We have given special attention to the extent and nature of the punishments prescribed in the Code for various offences and suggested modifications to bring them into accord with modem notions of penology. We have indicated in each Chapter of this Report, corresponding to a Chapter of the Code, the provisions which should be made in lieu of, or in addition to, the existing provisions, and also the amendments, both major and minor, to be made in them. Aksum up of the principal recommendations made in each Chapter is as under:

Chapter 1

13.04. At this stage, we may also mention that under clause 197 of the I.P.C. (Amendment) Bill, 1978, for the existing Chapter XIX, a new Chapter bearing the same number (Chapter XIX) is sought to be inserted to deal with "Offences against Privacy". In the existing Chapter XIX, three sections namely, sections 490,491 and 492 are mentioned. But out of them sections 490 and 492 were repealed and the only remaining section 491 deals with "Breach of Contract" to protect the contractual rights of the helpless persons.

In the proposed new Chapter XIX which is sought to be substituted in place of the existing Chapter, sections 491 to 492 are inserted and they deal with "Offences against Privacy" like use of artificial listening or recording apparatus either to listen or to record conversation of person or persons without their knowledge OP consent or making unauthorised photographs, etc.

We have dealt with this clause in detail in Chapter XII after duly referring to the contents of 42nd Report as well as the concept of right to privacy as extended under Article 21 of the Constitution and also various reports of foreign Law Commissions and ultimately recommended that these offences cannot appropriately be incorporated in the Indian Penal Code and that a separate legislation should be there to comprehensively deal with such offences against privacy.

It is also mentioned that Law Commission is proposing to take up a comprehensive study on this subject separately as early as possible.

(Para. 1.11)

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