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Report No. 43

9.6. Sections 3 to 5 not suitable for inclusion in the new law.-

It appears to us that sections 3 to 5 of the Act are not appropriate for inclusion in the proposed consolidated law on national security. These provisions are of a special character, and applicable only in relation to notified areas. Moreover, the provisions are not confined to national security. The order under section 3(1) can, for example, be passed not only in the interests of the safety or security of India, but also in "the public interest". Again, under section 3(2), a statement prejudicial to the maintenance of essential supplies can also be punished. Such provisions would not fit in with a law primarily designed at the protection of national security. We do not, therefore, consider it necessary to include these provisions (sections 3 to 5) in the new law.



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