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Report No. 43

10.5. Transitory nature of some offences against national security.-

Some of the offences relating to national security are transitory in nature, and should be subject to limitation even though the punishment may be more than three years' imprisonment. A traitor or arch seditionist of today may be the head of the Government some years later and may even be considered a great patriot. If there is a subsequent change in Government (due to change in ideology or otherwise), there should be no apprehension of political victimisation of such person for a crime committed several years before. Hence we consider that there should be a law of limitation for some of the offences under the proposed Act especially those of mere speeches and writings. For very serious offences such as waging war or serious acts of sabotage, the law of limitation should not be applicable.

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