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Report No. 156

85. Amendment of section 380: Theft in dwelling-house etc.-

Whether any change is necessary in section 380 to cover the theft of public property in a public place of worship, etc.?

86. Insertion of new section 380A.-

Whether a new section 380A can be inserted to make the theft from the possession of a person who was a victim of calamity like fire, accident, earthquake, etc. and whether such a theft should be treated as an aggravated one?

87. Amendment of section 381: Theft by clerk or servant of property in possession of Master.-

Whether section 381 should be amended to cover the thefts committed by all employees not necessarily by clerks and servants, as you find in the present section?

88. Insertion of new section 381A.-

Whether section 381A can be inserted to cover cases where the culprit puts any person in a state of intoxication or unconscious by means of a drink or drug in order to commit theft of any property in possession of such a person?

89. Insertion of new section 385A: Extortion by dishonestly threatening by blackmail.-

Whether a new section 385A can be inserted to cover cases where the culprit dishonestly threatens by blackmail to commit extortion?

90. Amendment of section 396: Dacoity with murder.-

Whether section 396 requires amendments to make everyone of the persons conjointly committing dacoity liable and if one of them commits murder, everyone of such persons should be made liable and be punished with death or imprisonment for life or rigorous imprisonment may be extended upto ten years in the circumstances specified in the clauses of the new proposed section 302?

Or, whether section 396 in its present form is enough to meet the situation?

91. Insertion of new section 399A: Making preparation to commit robbery.-

Whether a new section 399A can be inserted to make preparation for committing robbery also punishable?

92. Amendment of section 410: Stolen Property.-

Whether section 410 should be amended or to be substituted so that property obtained by cheating or misappropriation is also covered and whether the scope of the words 'stolen property' should be explained by way of an explanation?

93. Amendment of sections 411 and 414.-

Whether to sections 411 and 414 a further clause is to be added to make the offence in respect of the stolen property of the government or local authority or of a corporation, an aggravated one?

To make the definition of cheating clearer whether the words 'harm to any person' should be substituted by the words "harm to that person" as suggested in clause 177 of the Bill?

94. Insertion of new section 420A.-

The Law Commission in its 29th Report on "Proposal to include certain social and economic offences in the Indian Penal Code" considered how to tackle the problem of cheating government, corporation, local authority on a large scale by dishonest contractors. To combat this malady, it is recommended to insert a new section 420A? Whether any further changes are necessary in this context.

95. Insertion of new section 420B: Employees taking bribe in respect of affairs or business of employer or of person who engaged him.-

In order to curb the aforesaid act whether there should be a separate provision in the Penal Code providing for punishment for such an act. On the model of an English Statute, the Law Commission recommended a new section 420B to cover the cases of taking bribe by private persons also in respect of employer's affairs or business. Your suggestions in this respect would be of great assistance.

96. Substitution of new sections for sections 426 to 432: Mischief.-

Do you agree with the recommendation of the Law Commission in its 42nd report on Indian Penal Code and clause 179 of the Indian Penal Code (Amendment) Bill, 1978 that for sections 426 to 432 of the Penal Code, new sections be substituted to make the offences of mischief more detailed and comprehensive and to increase the quantum of punishment? If so, how?

97. Substitution of new sections for sections 434 to 437: Mischief.-

Do you agree with the recommendation of Law Commission in its 42nd Report on Indian Penal Code; and clause 180 of the Indian Penal Code, (Amendment) Bill, 1978 that for sections 434 to 438 of the Penal Code, new sections be substituted, to make the provisions of offence 'Mischief' more clear and comprehensive and to enhance the quantum of punishment? If yes, what should be the quantum of punishment under different sections and what are all the provisions to be amended?



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