Report No. 156

Clause 146

12.54. Under this clause a new section 354A dealing with offence of indecent assault on a minor is sought to be inserted. This aspect was considered in Chapter IX and accordingly for the reasons stated therein, this clause has. to be omitted.

Clause 149

12.55. Under this clause, the existing section 362 is sought to be substituted by the new section. This existing section 362 deals with offence of definition of abduction. Under the new section it is elaborated. This new section 362A dealing with hijacking of aircraft or any other vehicle is sought to be added. We have discussed about this new section in Chapter X. For the reasons mentioned therein the new section 362A need not be inserted. However, so for as the new section 362 is concerned, it has enlarged the meaning of abduction and it can be inserted.

Clause 151

12.56. Under this clause, after section 364, a new section 364A dealing with offences of kidnapping is sought to be inserted. Having regard to the present crime scenario of this nature, the new section is a salutary one and has been rightly carried out by Act No. 42 of 1993.

Clause 152

12.57. Under this clause, the existing sections 366 and 366A are sought to be substituted by the new section. The second half of the sections 366 and 366A are closely connected with each other. The Law Commission also accordingly recommended that they could appropriately be put together in one section. Accordingly, the second half of section 366 is incorporated 366A. the change is only consequential and we endorse the same.

Clause 155

12.58. Under this clause the existing section 368 is sought to be substituted. The Law Commission in its 42nd Report observed that the existing section 368 which deals with wrongfully concealing a person knowing to be kidnapped or abducted, leaves the punishment to be regulated according to the punishment for the principal offence of kidnapping of abduction. It would be better if specific punishment is provided in the section. The new section is on the same lines suggested by the Law Commission. Therefore, the substitution accordingly be made.

Clause 159

12.59. Under this clause, the existing sections 375 and 376 are sought to be substituted by new sections 375, 376A to 376C. For the reasons stated in Chapter IX this clause may be omitted. We, however, recommend a modification in clause 3 of section 375 by inserting the word "injury". The change may be brought about.