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Report No. 156

Annexure V

Proceedings of Workshop on Indian Penal Code (Amendment) Bill, 1978 and Indian Evidence Act, Held at Shimla on 26th April, 1997 Organised by Himachal Pradesh State Law Commission In Collaboration With the Law Commission of India

A workshop on Indian Penal Code (Amendment) Bill, 1978 was held at Shimla on 26th April, 1997 under the auspices of the Law Commission of India and the Himachal Pradesh State Law Commission.

The Workshop was inaugurated by Hon'ble Chairman, Law Commission of India, Mr. Justice K. Jayachandra Reddy. It was presided over by Mr. Justice R.S. Thakur, vote of thanks was presented by Member-Secretary, Shri Jiwarand Jiwan, IAS. The Workshop was attended by around 50 participants representing Judiciary, Executive, Police and Law Faculty of the Himachal Pradesh University.

In his inaugural address, Hon'ble Mr. Justice K. Jayachandra Reddy, Chairman, Law Commission of India, said that there is need to amend various provisions of the Indian Penal Code, 1860. He suggested setting up of an independent investigating agency with an independent prosecution department, for the fair trial of criminal cases and speedy dispensation of justice. It was also observed by him that people are losing confidence in the investigation agencies because of the delay.

He said that during investigation the concerned officers are being asked to perform other routine duties as well, which causes the delay. He suggested that the role of investigation agencies should not be undermined as they form the link between the court and other wings. He advocated close co-ordination between the investigating and prosecution agencies for the speedy disposal of criminal cases.

Justice Reddy further said that it is the duty of the defence not to mislead the court and be fair and ensure that the guilty persons do not escape and the innocent are not punished. In the last, he drew attention of the participants to certain important proposed provisions as contained in Indian Penal Code (Amendment) Bill, 1978, while throwing these open for interaction.

Mr. Justice R.S. Thakur, Member, Himachal Pradesh State Law Commission, in his presidential address, welcomed the Chairman, Law Commission of India and Justice R.L. Gupta, Member, National Law Commission. He emphasised the need to amend the Indian Penal Code in view of the present day requirement. He also dilated on the rising crime graph and criminal law after the independence.

After the inaugural session, the first session started at 11.30 AM on the Indian Penal Code (Amendment) Bill, 1978. Justice Reddy, Chairman, Law Commission of India, chaired the first session. He pointed out that there are four agencies involved in criminal justice delivery system. These are investigating agency, prosecution, defence and Court. He laid emphasis on fair work assigned to each of them, for the speedy and fair trial. He stressed the need for taking police into confidence.

According to him, co-ordination between investigating agency and prosecution is also need of the hour. He referred to various provisions of Indian Penal Code (Amendment) Bill, 1978, which require specific deliberation during the course of workshop in order to meet the present day requirement in criminal justice system. During the discussion, however, he highlighted the difference between 'knowledge' and 'intention' for the purpose of completing the offence of murder. In the end, Justice Reddy threw open for discussion the issue of victimology.

In his reaction, Dr. I.P. Massey, Member, Himachal Pradesh State Human Rights Commission, appreciated the work done by the Law Commission of India on Indian

Penal Code (Amendment) Bill, 1978. His emphasis was mainly on sections 309, 376, 377, sections 124(A), 124(B), which according to him, require updating. Mr. M.S. Mandayal, Presiding Officer, Labour Court, wanted a change in the definition of word 'India' as defined under section 18 of the Indian Penal Code. He was of the view that the definition should be widened so as to cover the whole of India including Jammu & Kashmir.

He proposed that provision under section 345 of the Code of Criminal Procedure should be suitably made in view of the section 228 of the Indian Penal Code. Further, he stressed the need to amend section 21 of Indian Penal Code to cover specifically the elected representatives such as M.L.As, M.Ps and Pradhans of Gram Panchayats etc., in the definition of Public Servants.

Additional Secretary (Law) to the Government of Himachal Pradesh, Shri K.C. Negi, suggested that ours being a welfare state, there should be provision in the Indian Penal Code to compensate adequately the victim or his family on the analogy of motor vehicle cases. He further suggested that protection should be provided to the witnesses in criminal cases inside and outside the Court, which provision is missing for the present.

Top-ranking police officers of the State including D.S.Ps and I.G.Ps took active part in the deliberations. Shri R.K. Srivastava, Director-General (CID) suggested that section 73 of the Indian Penal Code should be dropped because of the provision under section 76 thereof. Mr. Srivastava suggested that word 'near relative' in the proposed section 94 should take in its sweep a 'friend' also. He too spoke on quantum of punishment to be awarded under sections 302 and 304A of the Indian Penal Code.

Mr. A.K. Puri, Inspector-General of Police (Law & Order), voiced his concern saying that military service has not been defined under the Code. He further felt that there is no need to re-draft section 124(B). in his opinion, it can be misused. Shri S.R. Mardi, Superintendent of Police, Shimla, was of the view that sections 427, 182, 186, 189, 199(A), and 174 to 187 of the Indian Penal Code should be made cognizable, and non-bailable.

Professor C.L. Anand, Chairman, Department of Law, Himachal Pradesh University, Shimla, suggested that section 99 of the Indian Penal Code should be made subject to section 46 Cr. P.C. He dwelt on sections 84, 299 and 300, I.P.C.

Hon'ble Chairman, Law Commission of India, dealt with all the points raised by the distinguished participants and he presented the correct perspective of all legal provisions which came up for discussion.

The following were present:

1. Mr. Justice K. Jayachandra Reddy, Chairman, Law Commission of India.

2. Mr. Justice R.L. Gupta, Member, H.P. State Law Commission.

3. Mr. Justice R.S. Thakur, Member, H.P. State Law Commission.

4. Shri Jiwanand Jiwan, Member-Secretary, Law Commission of H.P.

5. Shri M.D. Sharma, Joint-Secretary (Drafting), H.P. State Law Commission.

6. Shri S.S. Thakur, Secretary (Law) to the Govt. of H.P.

7. Shri S.N. Verma, Secretary (Home) to the Govt. of H.P.

8. Shri K.C. Negi , Addl. Secretary (Law) to the Govt. of H.P.

9. Shri Subhash Ahluwalia, Director, Public Relations, H.P.

10. Shri C.S. Sharma, Joint-Director (Prosecution), Himachal Pradesh.

11. Shri Rameshwar Sharma, President, Distt. Consumer Disputes Redressal Forum, Shimla.

12. Shri B.S. Thakur, Director-General of Police, H.P.

13. Shri A.K. Puri, Inspector-General of Police (Law & Order), H.P.

14. Shri I.N.S. Sandhu, Addl. Director-General (Prisons), H.P.

15. Shri R.K. Srivastava, Addl. Director-General (CID), H.P.

16. Shri C.R.B. Lalit, Registrar, H.P. University.

17. Shri B.S. Chauhan, Distt. & Sessions Judge, Shimla

18. Shri M.S. Mandayal, Presiding Officer, Labour Court Shimla

19. Shri T.N. Vaidya, Secretary, State Legal Board, Shimla

20. Shri K.C. Chauhan, Member, H.P. Environmental Commission, H.P.

21. Shri S.R. Sharma, Superintendent of Police, Lokayukta, H.P.

22. Shri S.R. Mardi, Superintendent of Police, Shimla

23. Shri Trilok Chauhan, General Secretary, Bar Association, High Court of Himachal Pradesh

24. Shri Vineet Gautam, President, Distt. Bar Association

25. Shri Surender Steta, General-Secretary, Distt. Bar Association.

26. Shri Malkiat Singh Chandel, Advocate

27. Shri K.D. Sood, Advocate

28. Dr. I.P. Massy, Member, Human Rights Commission, H.P.

29. Prof. C.L. Anand, Dean of Law Faculty, H.P. University

30. Dr. P.L. Mehta, Associate Professor of Law, H.P. University

31. Dr. Suresh Kapoor, Associate Professor of Law, H.P. University.

32. Dr. O.P. Chauhan, Associate Prof. Law, H.P. University

33. Dr. D.N. Gupta, Asstt. Professor Law, H.P. University

34. Dr. H.R. Jhingta, Asstt. Professor of Law, H.P. University

35. Dr. K.C. Thakur, Asstt. Professor of Law, H.P. University

36. Shri S.N. Sharma, Asstt. Professor of Law, H.P. University.

37. Shri Dinesh Sharma, Law Officer, H.P. State Law Commission.

38. Shri Dalip Singh Kanwar, Section Officer, H.P. State Law Commission

39. Dr. Surinder Singh Jaiswal, Law Officer, State Law Commission

40. Shri Ashok Kumar Mohindru, Reader, H.P. State Law Commission

41. Shri Paras Ram, Sub Inspector (Lokayukta), H.P.

42. Shri B.M. Sharma, Advocate

43. Shri Avtar Singh, Advocate

44. Shri Shashi Kumar Shirshoo, Advocate

45. Shri Sanjay Sharma, Advocate

46. Shri Bhagwan Chand, Advocate

47. Shri Vinod Sood, Advocate

48. Shri Pramod Thakur, Advocate

49. Shri Guljar Singh Rathore, Advocate

50. Shri Chander Mohan Sharma.



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