Report No. 43
During recent times, infiltration into India with the object of doing acts prejudicial to security has been on the increase. Such act should obviously be checked at the very inception. The Foreigners' Act etc., and similar laws, are designed primarily for other purposes. The technical offence of illegal entry (i.e., entry without a valid travel document) or similar acts, which may be punishable under those laws, are quite different from an infiltration with a sinister motive.
4.6. We consider that unlawfully entering into, or remaining in, the Indian territory, with the object of committing an offence against the national security, should itself be an offence. Such acts are preparatory to, and pave the way for, more harmful activities, and there is enough justification for the law punishing such acts, provided, of course, the prejudicial purpose is established.
4.7. Exactly parallel provisions are not found in foreign Codes. But it is of interest to find in the Yugoslav Criminal Code1 which punishes with "strict imprisonment" any one who "infiltrates himself into the territory of Yugoslavia for the purpose of carrying out hostile propaganda". Hostile propaganda is defined comprehensively in the same section to include all types of subversive or treasonable propaganda affecting the national security.
A writer on Soviet Criminal Law2 says that "the text-books3 consider a foreign citizen who enters the Soviet Union with the intention of committing a crime for which he has made preparations abroad, as punishable according to Soviet Criminal Law (e.g., espionage or smuggling)". But he adds in a footnote that, "it is doubtful whether this view can still be held under the new legislation".
We think, however, that the provision which we are proposing below is justifiable on the principle that the offender has been guilty of preparation for a crime against which the State has right to act in the interests of protection of its security.
1. Section 118.
2. F.J. Feldrugge Soviet Criminal Law, (1964), being Vol. 9 in the Series, Law in Estern Europe (University of Leyden), p. 68.
3. The reference is to a Text-box in the Russion language-Soviet Criminal Law, General Part, edited by V.M. Chkhikvadze, Moscow (1959).
4.8. The new provision may be on the following lines:-
"Whoever unlawfully enters into, or remains in, India for the purpose of committing an offence under this Act shall be punishable with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine."