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Report No. 43

7.59. Overlapping in part between section 3(1) and section 5(1).-

The wrongful communication of an official secret is also dealt with in section 3(1)(c) and there may be some overlapping between that section and section 5(1). But section 3(1)(c) is restricted to communications intended to be useful to an enemy or relating to matters likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States (after the amendment made by Act 24 of 1967). Section 5(1) on the other hand is somewhat wider, and penalises not only communication and use for a purpose prejudicial to the safety and interest of the State but also unauthorised retention, or failure to take care of such official secret.

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