Report No. 156

Chapter XII

The Indian Penal Code (Amendment) Bill, 1978

13.15. We have carefully perused the I.P.C. (Amendment) Bill, 1978 which have 151 amendments, 95 substitutions, 32 omissions and 25 insertions. The changes proposed in the Bill contemplate to bring about the basic penal statute of this country updated to remove lacuna and make it useful for meeting the optimum needs. We find that some of the changes contemplated go beyond the recommendations made by the Law Commission in its 42nd Report. Therefore, we think it necessary to re-examine all clauses of the Bill.

1. The amendments sought in clauses 1, 6, 7, 8, 12, 16, 39, 40, 44, 46, 47, 49, 50, 51, 53, 55, 56, 57, 59, 60, 61, 62, 65, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 92, 95, 96, 97, 98,99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 112, 113, 114, 115, 116, 117, 118, 120, 121, 126, 127, 129, 132, 133, 135, 136, 138, 139, 140, 141, 142, 143, 147, 148, 150,153, 154, 156, 157, 158, 185, 186, 189, 191, 192, 193, 195, 200, 202, 205 and 207 are only inconsequential and the came may be carried out.

(Para. 12.02)

2. Clauses 2 to 8 - By these clauses, some amendments are sought in sections 4 to 17 of the Code. We do not recommend any changes in sections 8, 9 and 11 of the I.P.C..

Consequently, clauses 2 to 8 of the Bill have to be deleted Remaining amendments in various sections are pertaining to various words and explanations used in the Code and the same are based mainly on 42nd Report.

(Para. 12.03)

3. Clause 9 - By virtue of this clause sections 18 to 21 are sought to be substituted.

We are of the view that unless major changes are brought out, it is not desirable to insert new clause and make them amenable to any of the relevant penal provisions.

(Para. 12.04)

4. Clause 10 - By virtue of this clause, the definition in the existing section 25 is sought to be substituted.

We agree to the proposed substitution.

(Para. 12.05)

5. Clause 11 - By this clause, an amendment in section 29 of the I.P.C. is sought.

In view of the changes in the audio and video technology and computers, it is recommended that following Explanation (3) may be added to the existing section.

"Explanation (3):-The term 'document' includes any disc, tape, sound track or other device on or in which any matter or image or sound is recorded or stored by mechanical or other means".

(Para. 12.06)

6. Clause 12 - In this clause, existing sections 31, 32 and 33 which define the word "will" are sought to be omitted.

On examining, we are of the view that there is no harm in retaining the existing sections 31, 32 and 33 of the I.P.C. Therefore, clause 12 has to be omitted.

(Para. 12.07)

7. Clause 13 - By virtue of this clause, the words "several persons" whenever they occur are sought to be substituted by the words "two or more persons".

We are of the view that by carrying out this amendment the language of section 34 becomes more explicit. For the same reason the expression "several persons" occurring in sections 35 and 38 also can be substituted by the expression "two or more persons".

(Para. 12.08)

8. Clause 14 - Under this clause it is proposed to substitute section 40 by another section.

We recommend that section 40 may be substituted on the following lines:-

"Section 40.-Offences which mean any act or omission made punishable by any law for the time being in force and capital offence means offence for which death is one of the punishments provided by the law".

(Para. 12.09)

9. Clause 15 - By this clause section 43 is sought to be substituted by a new section.

We agree that section 43 needs amendment as sought in this clause.

(Para. 12.10)

10. Clause 16 - Under this clause, existing sections 48, 49 and 50 defining words "vessel, year, month, section" respectively are sought to be omitted for the reasons that they are defined in the General Clauses Act.

We are of the view that these sections need not to be omitted and accordingly clause 16 of the Bill has to be deleted.

(Para. 12.11)

11. Clause 17 - The existing section 52 defines the word "good faith" and section 52A defines the word "harbour". As per this clause, both these sections are to be substituted by new sections.

We agree to the substitution of sections 52 and 52A.

(Para. 12.12)

12. Clause 18 - Under this clause, the existing section 53 is sought to be substituted.

We do not endorse the addition of new forms of punishments except public censure.

(Para. 12.13)

13. Clause 19 - Under this clause sections 54, 55 and 55A of the Indian Penal Code are sought to be omitted.

We agree and are of the view that clause 19 is very appropriate in view of the changes in the Cr. P.C..

(Para. 12.14)

14. Clause 20 - Under this clause the words "imprisonment for 20 years", are sought to be substituted by the words "rigorous imprisonment for 20 years".

We agree to the proposal.

15. Clause 21 - By virtue of this clause, sections 64 and 65 are to be substituted.

We are of the view that the proposed amendments are Incidental and they may be carried out.

(Para. 12.16)

16. Clause 22 - By this clause section 66 of the I.P.C. is sought to be omitted. In view of the revised sections 64 and 65, section 66 may be omitted.

Para. 12.17)

17. Clause 23 - Under this clause, sections 67 and 68 are sought to be substituted.

We are of the view that the existing sections may be substituted.

(Para. 12.18)

18. Clause 24 - Under this clause the existing section 69 providing for termination of Imprisonment on payment of proportional part of fine is sought to be omitted.

We are of the view that this omission is necessary in view of the new revised section 68.

(Para. 12.19)

19. Clause 25 - Under this clause the existing sections 70, 71 and 72 providing for the limitation of time for levy of fine and limit of punishment in case made of several offences are sought to be substituted.

We are of the view that amended sections are comprehensive and the amendments may be carried out.

(Para. 12.20)

20. Clause 26 - Under this clause, sections 73 and 74 providing for solitary confinement by way of punishment is sought to be omitted.

We are of the view that it is necessary to omit these two sections.

(Para. 12.21)

21. Clause 27 - Under this clause new sections 74A, 748, 74C and 74D are sought to be incorporated.

We are of the view that proposed sections 74A and 748 need not to be incorporated. We also do not recommend incorporation of new section 74D. Consequently, the new section 74C providing for additional punishment by way of censure can be numbered as 74A and may be added.

(Para. 12.22)

22. Clause 31 - Under this clause, section 94 is sought to be substituted. Also new sections 94A and 94B are sought to be inserted.

We are of the view that with the classifications indicated, section 94 may be substituted. We also recommend that the proposed new sections 94A and 94B be deleted from clause 31. If necessary some of such provisions may be added in the other enactments including the Companies Act to strengthen the same to meet such a situation.

(Para. 12.23)

23. Clauses 32 to 37 - Under these clauses, some of the existing sections relating to right of private defence of persons and property are either sought to be amended or substituted. However, in the Bill, no change in respect of sections 96 to 98 is mooted.

(ii) We recommend that the third paragraph in the existing section be included in the proposed section and rearrange the clauses.

(Para. 12.24)

(iii) We are of the view that the proposed change in section 100 is appropriate.

(iv) Clause 34 seeks an amendment in the existing section 101. This change appears to be appropriate.

(v) In the proposed section 103 of the Bill, there is a new clause (d) relating to the offences of mischief to property, house, or intended to be used for the purpose of Government or any corporation. Two more new clauses (e) and (f) are sought to be added in the proposed section.

In this context, it is recommended that if the new section 362A is to be added then there is no need of clause (e). Clause (f) can be retained but may be renumbered as (e).

(vi) Under clause 36, a minor amendment to section 104 is proposed. We are of the view that the changes may be carried out.

(Para. 12.24)

24. Clause 37 - Under this clause, the existing section 105 is sought to be substituted by a new section bearing the same number.

We are of the view that in the proposed new clause (c), the words "hijacking of aircraft" have to be omitted

(Para. 12.25)

25. Clauses 38 to 44 - (i) Clause 38 of the I.P.C. (Amendment) Bill, 1978 has incorporated some changes. Section 108 as mentioned in clause 38 is in conformity with the recommendation made by the Law Commission in its 42nd Report and, therefore, we do not recommend any further change.

(Para. 12.26)

(ii) Under clause 39, changes sought are minor in nature and are warranted.

(iii) The changes suggested in clauses 40-44 are warranted.

(Para. 12.26)

26. Clause 45 - Under this clause, a new Chapter VB seeks to insert new sections 120C and 120D defining attempt and punishment for offence of attempt. The existing section 511 is also sought to be omitted.

We have carefully examined this clause and recommend that section 511 be retained and this clause be deleted.

(Para. 12.27)

27. Clause 47 - Under this clause, a new section 123A is sought to be inserted. We are of the view that the proposed section may be inserted.

(Para. 12.28)

28. Clause 48 - Under this clause, the existing section 124A which deals with Sedition is sought to be substituted by a new section bearing the same number. We agree.

We are of the view that the proposed section 124B need not be inserted.

(Para. 12.29)

29. Clause 52 - Under this clause, the existing Chapter VII is sought to be substituted by a new Chapter bearing the same number.

We are of the view that there is no harm in substituting the existing chapter.

(Para. 12.30)

30. Clause 54 - By this clause, a new section 147A is sought to be added. We agree with the proposed insertion.

(Para. 12.31)

31. Clause 58 - Under this clause, a new section 153C is sought to be added. We agree that section 153C may be added.

32. Clauses 63 & 64 - Clauses 63 and 64 of the Bill seek amendments in sections 161, 162, and 163 I.P.C..

Since these sections had already been repealed by the Prevention of Corruption Act, 1988 and transposed thereto, clauses 63 and 64 have to be, therefore, omitted.

33. Clause 66 - Under this clause, a new section 166A is sought to be inserted. We are of the view that the proposed section 166A may be inserted.

(Para. 12.34)

34. Clause 66 - Under this Clause, a new section 167A is sought to be inserted in Chapter IX.

We agree that the proposed section may be inserted.

(Para. 12.35)

35. Clause 91 - Under this clause, two new sections 198A and 198B are sought to be added in Chapter XI.

We think that addition of new sections 198A and 198B is unnecessary. Consequently, clause 91 has to be omitted.

We are of the view that the new section 207A may be inserted in the Code.

(Para. 12.37)

37. Clause 94 - By this clause, the existing section 211 is sought to be substituted by a new section with the same number.

The change proposed is an appropriate one.

(Para. 12.38)

38. Clause 100 - By this clause, the existing section 229 is sought to be substituted by the two new sections, namely, 229 and 229A.

We are of the view that both the sections are very much needed in the Code.

(Para. 12.39)

39. Clause 110 - By this clause, a new section 254A is sought to be inserted in the Code.

We are of the view that the new section may be inserted in the Code.

(Para. 12.40)

40. Clause 111 - Under this clause, for section 263A of the Code, new sections 263A, 263B and 263C are sought to be substituted.

We agree to the proposal.

(Para. 12.41)

41. Clause 112 - By this clause, the substitution of words "two years" for "one year" in the sections 264-267 is sought to be contemplated.

We agree to the proposal.

(Para. 12.42)

42. Clause 119 - Under this clause, a new section 279A is sought to be inserted.

Having regard to the increase in the volume of road traffic and indiscriminate use of vehicles whether they are roadworthy or not, such a provision is very much needed.

(Para. 12.43)

43. Clause 122 - Under this clause, a new sub-section is sought to be inserted in section 292 of the I.P.C.

We are of the view that the proposed amendment would be appropriate addition. However, we are of the view that the sentence may be made "three years" in section 292 in place of "two years" to be on par with the new section 292A.

(Para. 12.44)

44. Clause 123 - Under this clause, after section 292, a new section 292A is sought to be inserted to deal with an offence of printing etc. of grossly indecent or scurrilous matter or matter intended for blackmail.

We are of the view that section 292A may be inserted.

45. Clause 124 - The existing section 294A deals with offence of keeping lottery office. By this clause this section is sought to be substituted by a new section. New section 294B for sale distribution etc. of lottery tickets is also sought to be added.

The proposal is salutary one.

(Para. 12.46)

46. Clause 125 - By this clause, section 302 is sought to be substituted by the new section bearing the same number.

We are of the view that this clause may be deleted as there is no need of any amendment in section 302.

(Para. 12.47)

47. Clause 128 - Under this clause, a new section 304B is sought to be inserted.

At the outset we must point out that in 1986 by amending Act 43 of 1986, the existing section 304B dealing with dowry death was inserted.

Therefore, we recommend that this may be inserted in section 304A as sub-section (2).

(Para. 12.48)

48. Clause 130 - Under this clause, sections 307 and 308 are sought to be substituted.

We are of the view that there is no need to disturb the existing sections 307 and 308 of the Code except the second part of existing section 307.

(Para. 12.49)

49. Clause 131 - Under this clause, the existing section 309 which makes attempt to commit suicide punishable is sought to be omitted.

We are of the view that the existing section 309 has to be retained and the clause be omitted.

(Para. 12.50)

50. Clause 134 - Under this clause, the existing section 320 defining grievous hurt is sought to be substituted.

We are of the view that the proposed changes are only peripheral, but a little more explanative. Therefore, that can be carried out.

(Para. 12.51)

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