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Report No. 156

51. Clause 137 - Under this clause, the existing section 328 is sought to be substituted by a new section. In content, both the sections are same except in the new section in place of "unwholesome drug or other thing" the words" unwholesome substance" are inserted which are of same effect but little wider.

(Para. 12.52)

52. Clause 144 - Under this clause, the existing sections 341 to 344 are sought to be substituted.

We are of the view that the number of persons on the basis of constructive liability can be limited to two or more persons as we find in the proposed amendment in sections 34, 35 and 38 I.P.C.. Therefore, the proposed clause may be amended accordingly.

(Para. 12.53)

53. Clause 146 - Under this clause, a new section 354A dealing with offence of indecent assault on a minor is sought to be inserted.

We are of the view that this clause has to be omitted.

(Para. 12.54)

54. Clause 149 - Under this clause, the existing section 362 is sought to be substituted by the new section.

We are of the view that the proposed change may enlarge the meaning of abduction and the same may be carried out.

(Para. 12.55)

55. Clause 151 - Under this clause, a new section 364A dealing with offences of kidnapping is sought to be inserted.

Having regard to the present crime scenario of this nature, the new section is a salutary one and, the same is inserted in the Code.

(Para. 12.56)

56. Clause 152 - Under this clause, the existing section 366 and 366A are sought to be substituted by the new section.

We are of the view that the change is only consequential and we endorse the same.

(Para. 12.57)

57. Clause 155 - Under this clause the existing section 368 is sought to be substituted.

We endorse the substitution.

(Para. 12.58)

58. Clause 159 - Under this clause, the existing sections 375 and 376 are sought to be substituted by new sections 375, 376A to 376C.

We are of the view that this clause may be omitted. However, we recommend a modification in clause 3 of section 375 by inserting the word "injury".

(Para. 12.59)

59. Clause 160 - Under this clause, the existing section 377 is sought to be substituted by a new section.

We endorse the substitution on the lines suggested in Chapter IX.

(Para. 12.60)

60. Clause 161 - (i) Under this clause, the existing sections 380 and 381 are sought to be substituted. Also a new section 380A is proposed to be inserted.

The changes may be carried out.

(ii) Similarly, a new section 381A needs to be inserted in the Code.

(Para. 12.62)

61. Clause 162 - Under this clause, a new section 385A is sought to be inserted. The proposed section is intended to cover an offence of blackmailing with the dishonest intention.

We are of the view that the new section dealing with such offences is very necessary and insertion may be carried out.

(Para. 12.63)

62. Clause 163 - Under this clause, the words "may be punished with imprisonment for life" occurring in sections 388 and 389 are sought to be substituted with imprisonment of lesser periods.

We are of the view that the substitution of the words "may be punished with imprisonment for life" with "lesser periods of sentence" is called for.

(Para. 12.64)

63. Clause 164 - Under this clause, section 396 is sought to be substituted. We are of the view that no change in this section is necessary.

(Para. 12.65)

64. Clauses 165 and 166 - Under these clauses, the words "uses any deadly weapon, or" in section 397 is sought to be omitted and in section 398 after the words "at the time of" the words "committing or" are sought to be inserted and for the words "seven years", the words "five years" are sought to be substituted.

We are of the view that it is better to retain the existing words and the said clauses may be omitted.

(Para. 12.66)

65. Clause 167 - Under this clause, in section 399 for the words "ten years", the words "seven years" are sought to be substituted.

We are of the view that as the offence in this section is with reference to making preparation, making the sentence lesser appears to be proportionate.

(Para. 12.67)

66. Clause 168 - Under this clause, a new section 399A is sought to be inserted. We agree to the proposal and the required change may be carried out.

(Para. 12.68)

67. Clauses 169 and 170 - By virtue of these clauses, a few words in sections 400-402 are sought to be substituted.

The proposed changes are only consequential and we are of the view that the same may be carried out.

(Para. 12.69)

68. Clause 171 - A new Explanation I is sought to be added in section 403. We are of the view that the proposed changes may be brought about.

(Para. 12.70)

69. Clauses 172 and 173 - Under these clauses, some minor changes are proposed in sections 404 and 408.

We are of the view that the proposed changes may be carried out.

(Para. 12.71)

70. Clause 174 - Under this clause, the word "factor" occurring in section 409 is sought to be omitted.

We are of the view that there is no harm in retaining this word. Accordingly, this clause may be omitted.

(Para. 12.72)

71. Clause 175 - Under this clause, the existing section 410 is sought to be substituted.

We are of the view that the proposed new section is appropriate and may be carried out.

(Para. 12.73)

72. Clause 176 - By this clause, the existing sections 411 and 414 are sought to be amended.

We agree to the amendments in both the sections.

(Para. 12.74)

73. Clause 177 - Under this clause, the existing section 415 is sought to be substituted.

We are of the view that the substitution may be carried out but we may also mention that it would be better to retain the existing illustrations in the section.

(Para. 12.75)

74. Clause 178 - Under this clause, section 420 is sought to be substituted. New sections namely, sections 420A, 420B and 420C are also sought to be inserted.

The proposed changes may be carried out.

(Para. 12.76)

75. Clause 179 - Under this clause, the existing sections 426 to 432 are sought to be substituted by new sections covering in general the offence of mischief.

(i) We have examined new sections 426 to 431 and recommend that the sentence of "three years" prescribed under each of these sections may be enhanced to "five years".

(ii) About section 432, it may be mentioned that after the I.P.C. (Amendment) Bill, 1978, special legislations were brought in 1982 which were amended in 1994, as mentioned in Chapter X. We recommend deletion of new section 362A.

For the same reasons, we recommend that section 3A of the Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 (SUACA) may be amended. If amendments to section 3A of this Act is not to be carried out in the same manner, then the proposed section 432 may be retained in the clause, but the sentence under section 432 may be brought in accordance with section 3A of the said Act.

(Para. 12.77)

76. Clause 180 - Under this clause, the new sections 434 to 440 are sought to be substituted.

(i) We recommend that the word "Aircraft" occurring in the proposed section 434 may be omitted in view of our suggestion made in Chapter X.

(ii) In respect of other types of mischief regarding aircraft, section 3A of the SUACA is to be amended. If net, the section as proposed may be retained and the sentences be brought in accordance with section 3A of the SUACA Act.

(iii) In the proposed sectioh 438, the sentence of three years may be enhanced to five years.

(Para. 12.78)

77. Clause 181 - Under this clause, section 441 is sought to be substituted.

However, it may be mentioned that the proposed amendment does not carry any substantial change.

(Para. 12.79)

78. Clause 182 - Under this clause, section 443-460 are sought to be substituted.

We have considered this provision and we think that such substitution in the place of the existing section will be salutary.

(Para. 12.80)

79. Clause 183 - Under this clause, Chapter XVIIA is sought to be introduced by way of inserting section 462A.

We are of the view that this new Chapter dealing with offences relating to private employment is not necessary. So consequently this clause may be omitted.

(Para. 12.81)

80. Clause 184 - By this clause, an amendment is sought to be inserted in section 464 of the I.P.C.

We recommend that an Explanation 3 in section 464 of the I.P.C. on the following lines may also be added:

"Explanation 3.-Knowingly committing forgery of a copy of a document or knowingly making a false copy of a document or copying a false document which he knows or believes to be a false document, with the intention that he or another shall use it to induce somebody to accept it as a copy of a genuine document to do or not to do some act to his own or any other person's prejudice, will amount to making a false document."

(Para. 12.82)

81. Clause 187 - Under this clause, section 467 is sought to be amended. We agree to this change.

(Para. 12.83)

82. Clause 188 - By this clause, substitution of new sections for existing section 470 and 471 is sought.

We recommend that the changes may be carried out.

(Para. 12.84 )

83. Clause 190 - Under this clause, the existing section 474 is sought to be substituted.

The change suggested is only peripheral and the same is endorsed.

(Para. 12.85)

84. Clause 194 - By virtue of this clause, certain amendments are sought to be made under the Explanation part of section 489A of the Code.

Since the proposed changes are clarificatory in nature, the same may be carried out.

(Para. 12.86)

85. Clause 196 - By this clause, a new section 489F is sought to be inserted. We agree to the insertion of the proposed section.

(Para. 12.87)

86. Clause 197 - Under this clause, the existing Chapter XIX is sought to be substituted regarding offence against privacy.

(i) Since there is a need to have separate legislation on the subject, the proposed substitution may not be carried out.

(ii) We further recommend that existing section 491, I.P.C. may be retained and the punishment therein may be enhanced from "three months" to "one year" and the existing limit of imposing fine of Rs. 200 may be substituted by the words "fine only". And the offence be made cognizable.

(Para. 12.88)

87. Clause 198 - Under this clause, the existing section 494 is sought to be substituted.

We think that the proposed new section may be substituted but as already mentioned, the Explanation 3 should be added in accordance with the principle laid down by the Supreme Court.

(Para. 12.89)

88. Clause 199 - Under this clause, the existing section 497 is sought to be substituted.

We have already suggested some changes in Chapter IX. In the proposed section, the words "by the man" have to be omitted.

89. Clause 201 - Under this clause, the existing section 500 is sought to be substituted.

We recommend that the changes be carried out.

(Para. 12.91)

90. Clause 203 - By this clause, the omission of section 505 is sought.

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 may be omitted since these are covered and transposed proposed provisions as stated above.

(Para. 12.92)

91. Clause 204 - By virtue of this clause, a new section 507A is proposed to be inserted.

We endorse the proposal.

(Para. 12.93)

92. Clause 206 - By this clause, it is sought that Chapter XVII, containing only section 511, of the Indian Penal Code shall be omitted.

We are of the view that section 511 is working well and there is no need to omit it.

We recommend accordingly.

Justices K. Jayachandra Reddy, Chairman.

Justice R.L. Gupta, Member.

Ch. G. Krishnamurthy, Member.

Mrs Alice Jacob, Member.

R.L. Meena, Member-secretary.



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