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Report No. 156

Question Nos. 51 to 53

The majority of the persons who responded to the questionnaire, replied in affirmative. State Law Commission also differs the suggestions except omission of section 226 (under Question 53).

Question No. 54

Most of the judges including State Law Commission and an Advocate are not in favour of omission of sections 246 & 254.

Question Nos. 55 to 62

Responses to these questions are in the affirmative. State Law Commission has highlighted the amendment in the Motor vehicle Act in the year 1994 under sections 113, 114 & 115, therefore, insertion of new section 279A may not be necessary.

Question No. 63

Except one Judge who is silent on the issue, all of them do not want any change in the definitions of 'culpable homicide' and 'murder'. As per State Law Commission, the existing definitions do not require any change.

Question No. 64

Majority of the persons including State Law Commission who responded to the questionnaire, are of the view that it should be left to the discretion of the court and there is no need of any addition in section 302B.

Question No. 65

This question has been responded in the affirmative by the judges and the State Law Commission. But latter is of the opinion that the offence should be made non-bailable and cognizable.

Question No. 66

The amendment of sections 307 and 308 of the Indian Penal Code has not been favoured by majority of the Judges and by the State Law Commission. A police officer is of the view that both the sections should be clubbed together and the maximum punishment may be made upto life imprisonment.

Question No. 67

Five judges agreed for the omission of section 309 but two judges and Addl. Registrar did not favour the same.

An Advocate is also of the view that the section 309 of I.P.C. deserves to be deleted.

The Law Commission of the State of Himachal Pradesh has quoted the case of Ginn Kanzbar v. State of Punjab, AIR 1996 SC 947 and suggested no change under this section.



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