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Report No. 156

Clause 27

12.22. Under this clause new sections 74A, -74B, 74C and 74D are sought to be incorporated. New section 74A provides for imposition of punishment of community service. We have already discussed this aspect in Chapter II. We have reached the conclusion that the punishment by way of community service cannot be executed in a practical manner.

The proposed section 74B provides for compensation to the victims. In our Report on Cr. P.C. we have proposed suitable amendments to section 357 providing for such compensation and all the aspects mentioned in section 74B in I.P.C. have been incorporated there. Therefore, we do not recommend addition or Incorporation of new sections 74A and 74B.

Section 74C, however, provides for imposition of the punishment by way of censure in addition to the substantive sentence under sub-section (3) and this is limited to offences mentioned in Chapters 12, 13, sections 272 to 276, 383 to 389, 403 to 409, 415 to 420 and offences under chapter 18 as well as offences under proposed new sections 420A and 462A under the Bill. These are all offences where persons entrusted with some public duties commit offences. Therefore, the additional punishment by censure will have salutary effect.

The new section 74D provides for imposition of additional punishment, namely, disqualification for holding office. This applies to public servants. We have discussed this aspect in Chapter II and reached the conclusion to leave this aspect to the concerned Departments for taking disciplinary action under the relevant Acts or rules. Therefore, we do not recommend incorporation of this new section 74D. Consequently, the new section 74C providing for additional punishment by way of censure can be numbered as 74A and may be added.

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