Report No. 43
7.8. Provision recommended.-
It is obvious that as the law in India stands now, collaboration with, or receiving assistance from, a foreign power with which there is no war or active hostilities, is not an offence, except where the collaboration takes the shape of transmission of secret information falling under the Official Secrets Act. A special provision, is therefore, required, to penalise such acts, if committed for a purpose prejudicial to national security.
During our discussions, it was suggested that persons who have contact with countries which commit or have committed aggression against India and propagate their ideology should be punished. The provision we recommend below will cover such activities to some extent. The essential mens rea, namely, a purpose prejudicial to the national security, will, of course, have to be proved.
The new section may be as follows:-
"Whoever, for any purpose prejudicial to the national security, maintains relations with a foreign State or with an institution or organisation outside India shall be punishable with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine."