Report No. 156
Issue No. 14
All the Judges who responded to the working paper have agreed to the suggestion.
One State Government agreed in toto but the Government of Gujarat is of the view that no change is necessary under section 380 of the Indian Penal Code and new section 380A is not required to be inserted. Further, it is agreed for the suggestions of sections 381 and 381A under this issue.
One Advocate also agreed with the proposal.
Four police officers replied in the affirmative but one police officer is of the view that section 380 of the Indian Penal Code need not be amended for inclusion of theft of public property. Instead of enacting a new section like 380A, section 404 may be made cognizable and non-bailable offence. One explanation may be added to section 381 in order to clarify that servant includes employees. The incorporation of section 381A is not suggested because it is difficult to prove intoxication and unconsciousness.
State Law Commission agreed with the proposal.