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Report No. 43

7.53. Section 4(1).-

Section 4(1) provides that in any proceedings against a person for an offence under section 3, the fact that he has been in communication with, or attempted to communicate with, a foreign agent, whether within or without India, shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety or interests of the State, obtained or attempted to obtain information which is calculated to be or might be, or is intended to be, directly or indirectly, useful to an enemy.

This provision creates no presumption, but establishes rule about "relevance" of one fact to another. The relevance is for both the actus reus and the mens rea as will be clear if reference is made to section 3. The act of obtaining information useful to an enemy, for a purpose prejudicial to the safety or the interests of the State, is, under section 3, punishable with imprisonment for not more than 14 years. Section 3, thus, requires (i) an act, and (ii) a purpose. The act is obtaining of the information. The purpose is one prejudicial to the interests or safety of the State. Under section 4(1), communication with a foreign agent is relevant, both to prove the act of obtaining information which might be useful to an enemy, and to prove the purpose.

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