Report No. 64

5.53. Abuse of authority by police officer-whether provision needed-sections 17A and 17B (New).-

We have examined the question whether any specific provision is needed to prevent immoral behaviour by police officers who may be in charge of girls rescued under the Act. Abuse of authority by a public servant in various situations is dealt with in several sections of the Penal code.1 Sexual misconduct of a particular type by a public servant or others is also dealt with in several other sections2 in the Code. In particular, inducing any woman to go from any place in order to force or seduce her to illicit intercourse, is punishable under the latter part of section 366, Penal Code.

It may also be noted in this connection that a previous Law Commission3 has, in its Report on the Penal Code, recommended the addition of certain provisions (in the Chapter on offences affecting the human body) for dealing with sexual misconduct. The object was to punish persons who commit acts, which, though technically not proved to be rape, represent mis-conduct in sexual matters by an abuse of position. The relevant portion of the Report is quoted below:-

"There are certain situations in which, although force or fraud cannot be established, the compulsionof the situation is such that the women's will is dominated by the will of the man, and taking an undue advantage of the situation, the man takes liberties with the woman. The woman's submission to sexual intercourse in such a situation is really not a willing consent, and we think that provisions punishing this reprehensible conduct on the part of the man should be included in the Penal Code. We do not, however, wish to make the provisions very wide, because they may furnish a weapon for blackmail in the hands of unscrupulous women or their relations. We would confine it to those situations where the need for throwing a cloak around the woman for protecting her chastity outweighs the opportunity for blackmail. On this principle we recommend the insertion of three new sections as follows:"

[Sections recommended not quoted here]

1. E.g. section 220, Indian Penal Code.

2. E.g. sections 342, 354, 366, 366A, 376, etc., Indian Penal Code.

3. 42nd Report, (Penal Code, para. 16.123).