Report No. 43
43. Presumptions in prosecutions for spying.- (1) In any prosecution for an offence under section 33, if any sketch, model, article, note, document or information relating to or used in any prohibited place or relating to anything in such a place is made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, and from the circumstances of the case or his conduct or his known character, as proved, it appears that his purpose was a purpose prejudicial to the national security, such sketch, model, article, note, document, or information shall be presumed to have been made, obtained, collected, recorded, published or communicated for a purpose prejudicial to the national security7.
(2) In any prosecution of a person for an offence under section 33,
(a) 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 national security, obtained or attempted to obtain information which is intended to be or likely to be, directly or indirectly, useful to an enemy8;
(b) a person may be presumed to have been in communication with a foreign agent if
(i) he has, either within or without India visited the address of a foreign agent or consorted or associated with a foreign agent, or
(ii) either within or without India, the name or address of, or any other information regarding, a foreign agent has been found in his possession or has been obtained by him from any other person9;
(c) any address, whether within or outside India, in respect of which it appears that there are reasonable grounds for suspecting it of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, may be presumed to be the address of a foreign agent, and communications addressed to such an address to be communications with a foreign agent10".
1. Procedural and evidentiary provisions which are relevant also to offences under other Chapters will appear at the end of the new law.
2. Cf. paras. 7.88 to 7.96, above.
3. Cf para. 7.111, above.
4. Cf para. 7.48, above.
5. Cf paras. 7.49 to 7.62, above.
6. This corresponds to section 3(2), earlier half, Official Secrets Act.
7. This corresponds to section 3(2), latter half, Official Secrets Act.
8. This corresponds to section 4(1), Official Secrets Act.
9. This corresponds to section 4(2)(a), Official Secrets Act.
10. This corresponds to section 4(2)(c), Official Secrets Act.