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Report No. 43

7.38. Section 3(1)-Analysis.-

Section 3(1) deals with the most important offence under the Act. Though described as 'spying', it comprises acts of three types, as indicated in three clauses of the sub-section. Clause (a) emphasises certain acts done in relation to a 'prohibited place', described as approaching, inspecting, passing over, being in the vicinity of, or entering 'for any purpose prejudicial to the safety or interests of the State'. Clause (b) is concerned with making a sketch etc., useful to an enemy, with the same purpose. Clause (c) deals with obtaining or communicating etc., any secret official code or pass word or sketch etc., or information useful to an enemy, relating to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of the State or friendly-relations with foreign States, again with the same purpose.

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