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Report No. 43

1.16. Form of the new law.-

Another question is whether the new law should be a separate enactment, or else, whether it could be inserted as a separate chapter in the revised Indian Penal Code. It is true that crimes affecting national security form an essential part of the criminal law of the country, and we find that in many foreign codes, these crimes are included in a separate chapter in the penal Code. But we consider it desirable to pass separate legislation on the subject, for the following reasons:-

(1) A special rule of limitation1 may have to be provided for some offences affecting national security.

(2) The necessity of obtaining sanction from the Government before initiating prosecutions for offences under the new law is a special feature, not found in respect of most of the offences under the Penal Code.

(3) In some other respects also, the provisions of the Criminal Procedure Code may have to be modified in their application to offences under the new law.

(4) The rules of evidence ordinarily applicable for trial of criminal cases will have to be very much modified in their application for the trial of some of the offences under the new law.

These reasons make the new law distinguishable from most of the provisions of the Indian Penal Code and it may, hence, be somewhat incongruous if the new law is introduced as a separate chapter in the Indian Penal Code. We therefore recommend separate legislation on the subject.

1. See Chapter 11 below.

Offences Against the National Security Back

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