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Report No. 156

76. Substitution of new section for section 368: Wrongful concealing of kidnapped or abducted person.-

Do you agree that a specific punishment for the above offence be provided as provided in clause 155 of I.P.C. Amendment Bill, 1978: 'rigorous imprisonment upto 7 years and fine'.

77. Amendment of section 369: Kidnapping or abduction of a child to steal from its person.-

Do you agree that for the above offence, a minimum punishment be prescribed? If so, what should be the quantum? In clause 156 of I.P.C. Amendment Bill, 1978 minimum punishment of two years is prescribed.

78. Amendment of section 373: 'Buying, IIiring, or obtaining possession of a minor for prostitution or illicit intercourse or for any unlawful or immoral purposes'.-

Do you agree for insertion of Explanation III to section 373 in view of conflict of opinion between different High Courts and as suggested by the Law Commission in its 42nd Report and as mentioned under clause 158 of the I.P.C. Amendment Bill, 1978 which reads as under:

"Explanation III.-For the purposes of this section, it is not necessary that the possession of the minor should have been obtained from a third person."

79. Amendment of section 375: Rape.-

Do you agree that in para 'sixthly', for the words "sixteen years', the words 'eighteen years' be substituted, and in Exception for the words 'fifteen years', the words 'seventeen years' should be substituted. In view of the fact that while the minimum age for girls was raised to eighteen years by amending the Child Marriage Restraint Act, 1929, age of consent for sexual intercourse under the existing law has remained fixed at sixteen, and in case of wife, fifteen years.



The Indian Penal Code Back




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