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Report No. 43

2. Definitions.-

In this Act, unless 'the context otherwise requires,-

(a) "armed forces" means the military, naval and air forces, and includes any other armed forces of the Union;

(b) "foreign agent" means any person who is, or has been, or in respect of whom it appears that there are reasonable grounds for suspecting him of being, or having been, employed by a foreign State, either directly or indirectly, for the purpose of committing an act, either within or without India, prejudicial to the national security, or who has, or is reasonably suspected of having, either within or without India, committed, or attempted to commit such an act in the interests of a foreign State;

(c) "member", in relation to the armed forces, means a person in the armed forces other than an officer;

(d) "model" includes design, pattern and specimen;

(e) "munitions of war" includes the whole or any part of any aircraft, ship, submarine, tank or similar engine, arms, ammunition, torpedo, missile or mine intended or adapted for use in war, and any other article, material or device, whether actual or proposed, intended for such use;

(f) "officer", in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces, and includes a junior commissioned officer, a petty officer and a non-commissioned officer;

(g) "photograph" includes an undeveloped film or plate;

(h) "prejudicial to the national security" means prejudicial to the sovereignty and integrity of India, or to the safety or security of India or any part thereof, or to India's friendly relations with foreign States;

(i) "prohibited place" means,

(i) any armed force establishment station or camp;

(ii) any work of defence, wireless or signal station, telegraph or telephone installation, arsenal, minefield, ship or aircraft under the control of any of the armed forces;

(iii) any factory, dockyard or other place belonging to, or occupied by or on behalf of, Government, and used for the purpose of making, repairing or storing any munitions of war or any sketches, models or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war;

(iv) any place not belonging to Government where any munitions of war or any sketches, models or documents relating thereto are being made, repaired or stored under contract with, or otherwise on behalf of, Government;

(v) any other place which is for the time being declared by the Central Government by notification in the Official Gazette to be a prohibited place for the purposes of this Act on the ground that information with respect thereto, or the destruction or obstruction thereof, or interference therewith, would be useful to an enemy, and at which a copy of such notification is displayed for public information;

(j) "sketch" includes any plan, photograph of other mode of representing any place or thing;

(k) words and expressions used but not defined in this Act and defined in the Indian Penal Code have the meanings respectively assigned to them in that Code;

(l) any reference to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law in force in that State.



Offences Against the National Security Back




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