The Law Commission of India Submits 2 more Reports to the Government and brings out A Consultation Paper

The present (19th) Law Commission (2009-12) has prepared and forwarded the following Consultation Paper and Reports to the Government of India:

•           Consultation Paper titled ‘Unlawful interference of Caste Panchayats etc. with marriages in the name of honour: A suggested legislative framework’ to elicit the views from all concerned;

•           The 237th Report on ‘Compounding of (IPC) Offences’; and

•           The 238th Report on ‘Amendment of Section 89 of the Code of Civil Procedure, 1908 and Allied Provisions’.

The 237th Report is in response to the observations of the Supreme Court of India in two cases that the Law Commission of India should undertake the exercise of identifying more compoundable offences. Accordingly, the Law Commission of India under the Chairmanship of Justice P. V. Reddi embarked on the task of identifying appropriate offences which could be added to the list of compoundable offences under Section 320 of the CrPC. This exercise was confined only to the offences made punishable under the Indian Penal Code.

The 238th Report is in the context that the Supreme Court of India had observed in Afcons Infrastructure case (2010 8 SCC 24) that there are many drafting errors in Section 89 of the CPC and suggested amendments to the Section which may be considered by the Law Commission of India. In order to remove the deficiencies in Section 89 - which is a pivotal provision for facilitating dispute resolution in civil matters - and to make it more simple and straightforward, the Law Commission has proposed amendments to Section 89 CPC as well as Order X Rules 1-A to 1-C. Further, the amendment of Section 16 of Court Fee Act has also been suggested.

The above Consultation Paper and Reports have been uploaded on the website of the Law Commission of India : htt://lawcommissionofindia.nic.in.

With this, the 19th Law Commission has submitted 4 Reports to the Government till now. The earlier 2 Reports were on:

i)          Conversion/reconversion to another religion - mode of proof; and

ii)         Court-fees in Supreme Court vis-à-vis Corporate Litigation.