Report No. 64

5.54. Recommendation to insert new section.-

We have considered the matter carefully. While the recommendation made by a previous Law Commission1 in its Report on the Penal Code, read with the existing provisions in the Penal Code, furnishes the needed safeguards in general terms, we have come to the conclusion that, having regard to the possibility of misconduct in view of the nature of the duties which police officers have to perform under the Act, and other relevant circumstances, a specific provision in the Act on the subject is needed. Accordingly, we recommend that the following new section should be inserted in the Act-

"17A. If a police officer having the charge or custody of a woman or girl under this Act, compels or seduces to illicit sexual intercourse with any such woman or girl, he shall be deemed to be guilty of-

(a) an offence under section 376 off the Indian Penal Code, if he compels her to such intercourse,

(b) an offence under section 376A of that Code, if he seduces her to such intercourse."

We may make it clear that in the above new section, where we refer to section 376A, of the Indian Penal Code, we have in mind the section proposed to be inserted by the I.P.C. (Amendment) Bill, 19722, which is now pending before a Joint Committee of Parliament.

1. Para. 5.53, supra.

2. See the Indian Penal Code.