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Report No. 156

Clause 167

12.67. Under this clause in section 399 for the words "ten years ", the words "seven years" are sought to be substituted. This offence is with reference to making preparation and making the sentence lesser appears to be proportionate.

Clause 168

12.68. Under this clause a new section 399A is sought to be inserted. The existing section 399 makes "preparation to commit dacoity" punishable. The dacbity is only an aggravated form of robbery when committed by five or more persons. Therefore, it is logical, if preparation to commit robbery is also made punishable under section 399A which is a new section. We suggest that the change may be made.

Clauses 169 and 170

12.69. The changes proposed under these sections are only consequential and can be made.

Clause 171

12.70. A new Explanation I is sought to be added in section 403. Consequently renumbering of the existing Explanation is also sought. The new Explanation which relates to offence of misappropriation committed by partner in respect of the property belonging to the partnership is sought to be covered. Therefore, the proposed changes can be brought about.

Clauses 172 and 173

12.71. Under these clauses some minor changes are proposed in sections 404 and 408. The changes can be brought about.

Clause 174

12.72. Under this clause the word "factor" occurring in section 409 is sought to be omitted. May be in certain respects the word "factor" may be obsolete, but there is no harm in retaining this word. Accordingly clause 174 may be omitted.

The Indian Penal Code Back

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