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Report No. 156

31. Amendment of section 100: when the right of private defence of the body extends to causing death.-

Whether it is necessary to limit the 5th paragraph, under section 100 of the Penal Code only to cases where the abduction is punishable under the Code as proposed in the Bill or the present 5th paragraph as such is to be retained?

32. Amendment of section 101.-

Should section 101 be amended by adding the words "or the involuntary causing death to the assailant" in the end, so that those cases where the death is caused, but not voluntarily, like rash and negligent act could also be included.

33. Amendment of section 103: When the right of private defence of property extends to causing death.-

Whether it is necessary to substitute the words "criminal trespass" for 'house trespass' so as to include hijacking of aircraft or sabotage under clause 4 of section 103 and whether clause 2, namely, 'house breaking by night' can be omitted?

34. Amendment of section 105: Commencement and continuance of the right of private defence of property.-

In the light of the proposed amendments to sections 99 and 193, do you suggest any changes in section 105?

35. Amendment of sections 108 & 108A: Abettor and Abetment in India of offences outside India.-

It is proposed in the Indian Penal Code (Amendment) Bill, 1978 that for sections 108 and 108A, the following sections shall be substituted, namely:-

"108(1). A person abets an offence, who abets the doing of a thing which is that offence or which would be an offence if done by a person capable by law of committing that offence with the same intention or knowledge as that of the abettor (See clause 38 of the Bill)."

What are your views?

36. Amendment of sections 115 and 116: Punishment for abetment.-

Do you think that the punishment under sections 115 and 116 for unsuccessful abetment of offences should be more rigorous?

37. Insertion of section 117A for abetment by a child under 15 years of age.-

Whether a new section 117A should be inserted to cover the abetment of commission of offence by a child under 15 years of age?

38. Amendment of section 119: Public servant concealing design to commit offence which it is his duty to prevent etc.: Punishment.-

Do you think that it is necessary that the 3rd, 4th and 5th paragraphs in section 119 should be substituted by providing a severe punishment in cases where capital offences are being committed and also in cases where capital offences are not committed, but where there was a failure on the part of the public servant to prevent or where there was a facilitation by him?

39. Insertion of new Chapter VB: 'Attempts' & 'Punishment'.-

Do you agree that the word "Attempt" be defined and punishment for it should be prescribed in view of the holding of the Supreme Court in Abhayanand v. State of Bihar, (1962) 2 SCR 241, the recommendation of the Law Commission in its 42nd Report on Indian Penal Code and clause 45 of Indian Penal Code (Amendment Bill), 1978 that after Chapter VA of the Penal Code, the following Chapter VB be incorporated?

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