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Report No. 156

Question No. 1

All the seven Judges who responded to the questionnaire, agreed with the suggestions of the Law Commission of India. However, the Addl. Registrar of the M.P. High Court has responded in the negative. One Advocate also has agreed to the suggestion. The police officer has offered no comments for question Nos. 1 to 17. The Law Commission of the State of Himachal Pradesh agreed with the proposal. Nirantar, a Woman Organisation has not responded to this issue.

Question No. 2

Seven Judges and One Addl. Registrar of High Courts have responded in the affirmative. The Law Commission of the Himachal Pradesh has also supported the proposal.

Question No. 3

Most of the Judges who responded to our questionnaire have agreed with the proposal. Law Commission of the State of Himachal Pradesh and one Advocate also agreed as proposed to omit the definition of 'Servant of government" under section 14, Indian Penal Code, 1860.

Question No. 4

Except Addl. Registrar and 'glirantarc all the Judges, State Law Commission of Himachal Pradesh and one Advocate favoured the Omission of definition of "Government" under section 17.

Question No. 5

Majority of the persons who responded to our questionnaire agreed with the suggestion of amendment of the definition of the word 'India' under section 18 of the Indian Penal Code.

Question No. 6

Except one none of the Judges have agreed about the amendment of the definition of the word 'Judge' under section 19. One Judge is of the view that the word 'Judge' may be defined only as a Judge or Judicial Officer presiding over a Civil Court or Criminal Court under the provisions of Code of Civil Procedure or Code of Criminal Procedure. State Law Commission of Himachal Pradesh suggested to include the member of the 'Gram Panchayat' including its president(s) exercising Judicial Powers in respect of Civil matters.

Question No. 7

Most of the persons who responded to our Questionnaire, have agreed with the suggestion.

Question No. 8

Majority of the persons replied in the affirmative, however, Five Judges have further suggested that the members of the Parliament and the legislatures should also be brought within the definition of the public servant.

Question No. 9

The proposal of insertion of new definition of the word 'State' under section 21A has been supported by most of the persons who responded to the Questionnaire.

Question No. 10

The suggestion for the amendment of the definition of the word "fraudulently" under section 25 has been endorsed by majority of Judges and also by the Law Commission of Himachal Pradesh.



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