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Report No. 43

7.5. Provision recommended.-

There should hardly be any question that such organisations ought to be prohibited and participation in them severely punished. The question of defining in precise terms the kind of organisations to be prohibited was carefully considered by us. Before a group can be regarded as punishable, two tests should in our opinion, be satisfied. First, the group must be of such a character that its members are trained or equipped to use force for achieving its object. Secondly, the group must be organised for a purpose prejudicial to the national security. That will include, of course, the purpose of usurping the functions of the armed forces, or of committing any acts of sabotage. But the last two purposes may be specifically mentioned.

The following section is recommended:-

"Whoever organises, trains, maintains or promotes any group the members of which are trained or equipped to use force for achieving its object and which is organised

(a) for the purpose of usurping the functions of the armed forces; or

(b) for the purpose of committing any acts of sabotage; or

(c) for any other purpose prejudicial to the national security.

shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and whoever participates in, or belongs to, any such group as aforesaid shall be punished with rigorous imprisonment for a term which may extend to five years, and shall also be liable to fine."



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