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Report No. 156

Clause 130

12.49. Under this clause sections 307 and 308 are sought to be substituted. In general, both the sections are analogous in many respects to the existing sections. Illustrations to section 307 are, however, sought to be deleted under the proposed section. The Law Commission in its 42nd Report proposed a new Chapter VB defining attempt and also prescribing punishment by inserting sections 120C and 120D. Consequently, the Law Commission also have recommended substitution of the new sections 307, 308 while dealing with Chapter VB and the proposed sections 120C and 120D.

We make it clear that it is not necessary to have these new sections 120C and 120D and also recommended to retain sections 307, 308 and 511 as they are except to delete the second part of existing section 307 which prescribes death as the punishment for any attempt made by a life convict. This has to be deleted for the same reasons for deleting section 303 (Vide Chapter VI).

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