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Report No. 43

6.9. Propaganda amongst armed forces.-

Propaganda in the nature of subversive activities among the armed forces was referred to during our discussions and it was suggested that a specific provision aimed at such acts corrupting the minds of members of the armed forces was needed. It was stated that the acts would not amount to inciting mutiny nor fall under section 505, Indian Penal Code.

Now, an attempt to seduce an officer or member of the armed forces from his duty is punishable1 even under the present law. So is a statement, rumour or report inducing him to fail in his duty.2 If there is no such incitement or inducement, a mere attempt at indoctrination-though morally reprehensible-cannot, in our opinion, be made penal. Special provisions applicable to armed forces may be needed, and may be provided in the special Acts applicable to armed forces.3 But persons outside the armed forces cannot be punished for mere indoctrination falling short of incitement or inducement to seduction or other objectionable conduct.

1. Section 133, IPC as proposed in the 42nd Report; existing section 131.

2. Existing section 505; proposed section 139, IPC (42nd Report).

3. Cf. Article 33 of the Constitution.

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