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Report No. 43

4.3. Collaboration with hostile countries.-

While direct assistance to the enemy country would be covered by the above provision, the law has also to take into account activities which represent an earlier stage of collaboration with a hostile power. Such collaboration may take various forms, and some of the acts of collaboration may fall within the corners of the Official Secrets Act. There is, however, a residue of conduct which, though definitely inspired by a purpose prejudicial to the national security and aided usually by a hostile power, requires to be checked.

4.4. It is well known that prior to the state of direct assistance to the enemy and much earlier than the commencement of war or direct hostilities, clandestine measures are resorted to in order to carry on, later, activities prejudicial to the national security. Those prejudicial activities themselves would be punishable under the relevant specific penal provisions, such as, sabotage, espionage, sedition, or incitement of disaffection among the members of the armed forces. But the mere act of infiltrating into the country for carrying out those nefarious activities is at present not punishable.

Offences Against the National Security Back

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