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ANSWERS
147 more honest, the science made more exact and the judges more shrewd.
16. Raising of the age of Consent does not materially reduce the difficulty or margin of error.
17. Yes. In case of marital offences, the punishment prescribed should simply be fine, or simple imprisonment for six months or both in case the age of the girl is below 12, and only fine in case it is above 12. The law requires to be amended in this respect. In cases of extra-martial ollences sentence provi. ded in section 376 I.P.C. should be retained.
18. In case of marital offences summons should be issued in the first instance and not warrant; otherwise the present procedure may be kept.
19. In case of marital offences police should not have authority or power to investigate, without a written order, to that effect of a District or Presidency Magistrate made on the private complaint lodged with him, within a month of the alleged offence, and after a preliminary enquiry by himself or through a magistrate of Ist. class. It is the only safeguard we can suggest against improper prosecution or extoration.
20. No. In our opinion Legislation fixing the minimum age of marriage will be more effective and in consonance with public opinion.
21. We should never like to strengthen or embolden the penal law, so far as preventing the marital offences are concer. ned. It would only serve to create mischief. We will rather rely on the progress of social reform by means of education and social propaganda.
(sd). MAHABIR PRASAD, B.A., LL B., Advocate.
President. (Sd). PANNALAL JAIN AGARWAL,
Secretary.
Shree Sudharmaswami Gyanbhandar-Umara, Surat
www.umaragyanbhandar.com