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Report No. 43

7.45. Imprisonment under section 3(1)-Recommendation for amendment.-

This classification is unnecessary. Apart from the involved nature of the language used, it may be difficult in practice to classify offences into those two parts. It would not be easy to demarcate precisely the scope of the quoted words, especially the phrase "in relation to the naval, military or air force affairs of Government." If a wide meaning is given to that phrase, it may include almost all offences under section 3(1) within the graver part punishable with 14 years. We, therefore, recommend that the distinction should be removed, and the maximum should be 14 years' rigorous imprisonment, leaving it to the discretion of the trying court to impose a lesser sentence, according to the facts and circumstances of each case.



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