Report No. 43

5.16. Recommendation regarding the Foreign Recruiting Act.-

As regards the Foreign Recruiting Act, 1874, we are of the view that it is sufficient to incorporate the substance of section 4 of the Foreign Recruiting Act and the penal provision in section 8 of that Act, with the modifications indicated below1. That section gives power to the Central Government to issue a general order prohibiting recruitment for service under a foreign State, or imposing conditions on such recruitment. This should, in our view, serve a weapon to deal with any situation that may arise by reason of attempts at recruitment on a large scale.

The other elaborate provisions which are continued to the Foreign Recruiting Act, mostly deal with acts in the nature of abetment of the commission of, the principal offence of unauthorised recruitment for service in a foreign State. They are unnecessary as the general provision of the Penal Code2 punishing abetment would apply to all offences under the proposed law.

Further, we think that there is no need to have a provision directing a particular person to stop recruitment as is found in section 3 of the Foreign Recruiting Act. The general power under section 4 will do.

1. Para. 5.18, below.

2. Existing sections 109 to 116, IPC, proposed sections 67 to 74, 42nd Report.