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Report No. 64

7.2. Section 23(2)(b)-Change recommended.-

Section 23(2) enumerates in detail the matters as to which rules can be made. We shall deal with only those clauses of the sub-section which require discussion. Section 23(2)(b) authorises rules relating to-

"(b) the placing in custody of women and girls released under sub-section (1) of section 10 or for whose safe custody orders have been passed under sub-section (1) of section 17 and their maintenance"

It may be recalled that section 10(1) deals with release of convicted women and girls on admonition or on probation. The placing in custody of such women and girls so released may sound inconsistent with release on probation, and that is the reason why there is a suggestion1 to delete this part of the clause. The suggestion is that the words 'released under sub-section (1) of section 10 or' should be deleted.

It is stated that the concept of release from custody is inconsistent with the idea of probation. We broadly agree with this approach, but we do not accept the suggestion in toto. Instead, we recommend that in section 23(2)(b) the words "where the women or girls are without a home" should be added after the words "sub-section (1) of section 10". This will narrow down the scope of this part of section 23(2), clause (b).

1. Para. 7.6.

Suppression of Immoral Traffic in Women and Girls Act, 1956 Back

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