Report No. 43
3.3. Preventing by force exercise of the authority of a State.-
In addition, we recommend a new provision to punish those who prevent, or attempt to prevent, by force the exercise of the authority of a State in furtherance of an inter-State dispute. During the last decade, there have been occasions for apprehending a threat to the country's security from certain centrifugal forces, which aim at the disintegration of the country. Article 19(2) of the Constitution was amended in order to ensure that the freedom of speech and expression is not abused by the propagation of views supporting such tendencies.
Two Central Acts, the Criminal Law Amendments Act, 1961 and the Unlawful Activities (Prevention) Act, 1967 have been enacted to deal with the menace to the country's integrity from such sources. A corresponding provision to protect the territorial integrity of States has not been considered necessary. Logically, there ought to be adequate protection against any resort to force for preventing a State from exercising its lawful authority within its territory. Movements for the alteration of boundaries of a State or disputes which arise between two States should be pursued in a constitutional manner and not by violent means.
If by the use of force a State is prevented from exercising its authority over a particular area within the State, the security of the State, and consequently, the nation's security is gravely jeopardised. Any such activity should be punishable as a grave offence. Such a provision would not be an innovation, since we find it in the Penal Codes of a few countries1.
The new provision may be as follows:
"Whoever, by means of force or show of force, prevents or attempts to prevent any State from exercising its authority in any part of the territory of that State, with a view to securing an alteration of the boundaries of that State or in furtherance of a dispute between that State and another State, shall be punishable with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine."
1. (a) Articles 100 and 101(1) of the Yogoslav Criminal Code.
(b) Article 98(1) of the Denish Penal Code.
(c) Article 229 of the Argentina Penal Code.