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Report No. 43

7.47. Drafting changes recommended in section 3(1).-

No other change of substance is necessary in sub-section (1) of section 3, but we recommend a few drafting changes.

Some of these are consequential on the amendments proposed in the definitions, e.g, removal of the word 'plan'1 from section 3(1), and change in the expressions indicating prejudice to sovereignty and integrity of India or safety or interests of the State.2

The lengthy phrase "which is calculated to be, might be, or is intended to be, useful to any enemy", which occurs in section 3, is proposed to be replaced by the shorter but equally comprehensive phrase "which is intended or likely to be".

In clause (c) of section 3(1), words referring to the various types of documents or information are proposed to be shortened. In particular, the expression 'document or information' is regarded as sufficient to cover code words and pass words. It also appears to be desirable to split up the clause into two portions, (i) obtaining etc., a document, or information, and (ii) publishing it3.

1. See proposed definition of "sketch"; para. 7.36, above.

2. See proposed definition of the expression "prejudicial to national security".

3. Revised drafts of penal provisions in sections 3 to 10 are given in para. 7.86, below.



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