Report No. 135

2.12. Violation of section 150, Cr. P.C. and proposed section 166A, I.P.C.-

The question of providing a penalty for violation of the proviso to section 160(1) of the Code of Criminal Procedure, 1973 was examined by the Law Commission of India, in its Report on Rape and Allied Offences.1 The Commission noted, that merely summoning a person in violation of this statutory mandate would presumably be punishable as wrongful restraint under section 341, Indian Penal Code, which provides a maximum penalty of imprisonment up to one month or fine up to five hundred rupees.

This, in the opinion of the Commission, was not adequate. Probably, a charge under section 166 of the Indian Penal Code (public servant disobeying direction of law with intent to cause injury to any person) could be made. But, in the opinion of the Commission, it would be better to have an express provision to cover such a violation, and the provision could be appropriately placed in the Chapter of the Indian Penal Code on "Offences by or against public servants". The recommendation of the Commission, therefore, was that section 166A should be inserted in the Penal Code, in the following terms:

1. Law Commission of India, 84th Report (Rape and allied offences: some questions of substantive law, procedure and evidence), paras. 13.6 and 13.20 (April, 1980).

"166A. Whoever, being a public servant-

(a) knowingly disobeys any direction of the law prohibiting him from requiring the attendance at any place of any person for the purpose of investigation into an offence or other matter, or

(b) knowingly disobeys any other direction of the law regulating the manner in which he shall conduct such investigation, to the prejudice of any person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both."

It was also recommended that the proposed offence should be cognizable, bailable and triable by any magistrate. We are of the view that this recommendation should be carried out, as a preventive measure against malpractice or acts of indifference which may create situations of harassment to women.