Login : Advocate | Client
Home Post Your Case My Account Law College Law Library

Report No. 43

7.6. Maintaining relations with foreign States for purpose prejudicial to national security.-

The offences referred to above are concerned primarily with internal security. Danger to external security can arise from other acts, and these will now be dealt with.The gravest act endangering external security is, of course, what has been described in England and U.S.A. as being adherent to the (country's) enemies, giving them aid and comfort and in the Canadian Code as "assisting the King's enemies." Such acts will be covered by the new section which we have recommended in our Report on the Penal Code,1 and which is to be included in the proposed Consolidation Act. But there are lesser offences which require attention. While assisting an enemy is an act confined to time of war, there are acts committed in peacetime which show a guilty association with a hostile country. In some respects, these are different from the graver act of assisting the enemy, because-

(i) the country assisted may not have commenced war or hostilities,

(ii) the assistance is not direct, but is of a subtle character not easily descernible.

But precisely because the assistance is indirect and the situation has not yet attained the stage of war, there is greater reason for punishing such sinister preparatory acts which pave the way for treason in its highest form. We shall refer below to a few of such acts.

For example, collaboration with hostile countries may be referred to. It appears that certain groups are in league with hostile foreign powers in some of the border, areas and, indulge in hostile acts, preparatory to insurrection. Owing to want of evidence, it is difficult to bring any charge of waging war or preparation of waging war. But collaboration with a potential enemy in a secretive form and for a subversive purpose, is unquestionably resorted to. For example, a group of Indian citizens go over the border, obtain some arms from an neighbouring hostile country, come back to India and then carry on subversive activities.

The preparatory acts are built up slowly, and before any convincing evidence could be obtained. The State, therefore, loses ground while the insurgents are gaining ground. After arrival in India, the insurgents do not go with arms openly and usually scatter themselves. The essence of their crime is foreign inspiration coupled with such preparatory acts showing collaboration with a foreign power. Such acts should, it was suggested, be dealt with by a specific provision.

1. 42nd Report, section 123A.

Offences Against the National Security Back

Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys