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Report No. 43

1.7. Foreign Recruitment Act.-

The Foreign Recruiting Act, 1874 deals mainly with recruitment in India for service in a foreign state. The definition of "foreign state" is very wide and will include all countries beyond the limits of India, including not only de jure Governments but also de facto Governments. Recruitment for service in such foreign states has an indirect but close bearing on national security and hence should find a place in the proposed law.

1.8. Reference should also be made to the foreign Enlistment Act, 1870, an Act of the British Parliament which, though not formally repealed, is of doubtful application to India since the Constitution. This Act regulates the conduct of British subjects throughout Her Majesty's dominions during the existence of hostilities between foreign States with which the British Crown is at peace. It is obvious that similar legislation should find place in our statute book.1 Like recruitment for a foreign State, enlistment for service in a foreign State has also an indirect but close bearing on national security.

1 Cf. 5th Report of the Law Commission, British Statues Applicable to India.



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