Report No. 64

6.28. Suggestion to repeal section 18 not accepted.-

It has been suggested that section 18 may be repealed1. It is stated that instead of issuing notices, punitive action as contemplated in the Act should be taken. "We do not warn thieves before catching them."

We apprehend, however, that the suggestion is based on an incomplete and inaccurate conception of the scope2 of section 18. The section does not deal with "notice" before prosecution or before punitive action. Its main object is preventive. Moreover, it is wrong to suppose that in every case of conduct amounting to violation of the Act, prosecution is the only remedy. Lastly, sub-section (2) of section 18 of the Act requires no notice, and can operate immediately on conviction. For these reasons we do not accept the suggestion that the section be repealed.

1. Suggestion of the Central Bureau of Correctional Services.

2. Para. 6.27A, supra.