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Report No. 43

7.84. Section 10.-

Section 10 prescribes the penalty for harbouring spies. Section 7 of the English Act of 1911, on which our section 10 is based, is wider in one important respect, namely it covers the harbouring of a person about to commit or who has committed any offence under the Act. The Indian section is limited to the harbouring of a person who has committed one of the more serious offences under the Act.

Further, the Indian section creates two separate offences. The ambigFity caused by the use of the words 'omits or refuses' in section 7 of the English Act, has been avoided, and it has been provided that the information shall be given on demand to the police officers who may demand it under section 8.

The first is a departure of substance. The second is a matter of drafting, and represents a change made by the Select Committee on the Indian Official Secrets Bill, 19221.

It should, finally, be noted that section 10, in some respects, goes beyond section 212, Indian Penal Code, which is the general provision punishing the harbouring of offenders.

1. Report of the Select Committee, 20-1-1923, portions relating to clause 10, Official Secrets Bill.

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