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Report No. 156

Clause 144

12.53. Under this clause the existing sections 341 and 344 are sought to be substituted. The Law Commission in its 42nd Report recommended that under section 341 the sentence of imprisonment is unnecessary but fine may be upto Rs. 1,000 and where, however, the offence is jointly committed by ten or more persons, it should be more severely punishable with imprisonment of either description upto one year, or fine or both. Accordingly, the Commission recommended the revision of section 341 and also section 342.

While dealing with sections 343 and 344 the Law Commission recommended that both of them could be incorporated in one section and proposed new section 343 dealing with wrongful confinement for five days or more. In the Bill, however, we find on the same lines, the new sections are being incorporated. The question is whether the offence is aggravated if there are ten persons and whether there should be such a limit. We are of the view that the number of persons on the basis of constructive liability can be limited to two or more persons as we find in the proposed amendment in section 34, 35 and 38 I.P.C.

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