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Report No. 156

Clause 66

12.34. Under this clause a new section 166A is sought to be inserted which deals with offences by or relating to public servants. It may be mentioned that sections 161 to 165A which deal with offences of misconduct have been deleted in the I.P.C. and made offences under the Prevention of Corruption Act, 1988. The remaining sections 166 to 171 deal with other kinds of offences committed by a public servant. The existing section 166 deals with offences of disobeying law by public servants with intent to cause injury.

The Law Commission in its 42nd Report observed that the Code does take into account this kind of misconduct by a public servant where the misconduct takes the shape of bribery. It is further observed that it is desirable to ensure that no public servant shall in the exercise of the duties of his office while acting under colour of his office, do any act which is wrongful in itself, or do an otherwise lawful act in wrongful manner.

From this point of view the Law Commission recommended that there will be a penalty to punish misconduct and also recommended insertion of new section 166A. The content of new section 166A proposed is different from the content of section 166 as we finds earlier. The words as to "maliciously to cause injury to any person" are added, otherwise the spirit behind the section is more or less same. Therefore, 166A may be inserted.

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