Report No. 135
2.10. Section 160(1), proviso, Cr. P.C., 1973: Examination at the residence.-
At present, the proviso to section 160(1) reads as under:-
"Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides."
Although the intention underlying this proviso must have been that the persons concerned should be examined in their house, some ambiguity arises in this regard, because the expression "place", employed in the proviso, is not very precise. As defined in section 2 of the Code, the word "place" includes house, building, tent, vehicle and vessel. Now, this definition is inclusive. It does not indicate very clearly that in the context of section 160(1), proviso, the word "place" means the actual dwelling place of the minor or woman.
It is possible that it may be construed as meaning the locality of residence over which the police officer concerned has the jurisdiction. It appears desirable to avoid such a misconstruction. It may be stated that the Law Commission, in its Report on Rape and Allied Offences,1 recommended that it should be provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than his or her dwelling place. We are of the view that this recommendation should also be carried out, by suitably amending the Code of Criminal Procedure, 1973.
1. Law Commission of India, 84th Report (Rape and allied offences: some questions of substantive law, procedure and evidence), paras. 3.17 and 3.18 (April, 1980).