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Report No. 156

Clause 131

12.50. Under this clause the existing section 309 which makes attempt to commit suicide punishable is sought to be omitted. But in view of the recent judgment by the Supreme Court in Gian Kaur (Smt) v. State of Punjab, 1996 SCC (Cr) 374, vires of the section has been upheld, consequently, the existing section 309 has to be retained and clause 131 has to be omitted from the Bill (Vide Chapter VIII).

Clause 134

12.51. Under this clause the existing section 320 defining grievous hurt is sought to be substituted. The Law Commission in its 42nd Report observed that the word "privation" used in the existing section is archaic and "emasculation" in that clause may be omitted as the same is covered by the widened 5th clause. The proposed changes are only peripheral, but a little more explanative. Therefore, that can be carried out.

Clause 137

12.52. Under this clause the existing section 328 is sought to be substituted by the new section. In content though both the sections are same except in the new section in place of "unwholesome drug or other thing" the word "unwholesome substance" are inserted which are of same effect but little wider.

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