Report No. 135
The Indian Penal Code should be amended in the following manner:-
For violation of the mandate contained in section 160(1), Code of Criminal Procedure, 1973 (to the effect that a person below 15 years or a woman shall be examined only at his or her residence), a specific penal provision should be inserted. The proposed provision (section 166A) may be on the following lines:-
"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 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."
The proposed offence (section 166A, I.P.C.) should be cognizable, bailable and triable by any Magistrate.
(See para. 2.12)