Report No. 43
7.19. Provision recommended.-
The physical act punishable would be an act which impairs the efficiency or impedes the working of or causes damage to:-
(a) any means of public transportation,
(b) any means of telecommunication,
(c) any place used for the production of any article useful for the defence of India or any machinery or apparatus therein.
There should be an exemption clause dealing with stoppage of work arising out of an industrial dispute.
The provision which we recommend on the subject is, in form, less elaborate than that which was contained in the Defence of India Rules1.
The new section may be as follows:
"Sabotage"-(1) Whoever, for any purpose prejudicial to the national security, does any act which impairs the efficiency or impedes the working of, or causes damage to,-
(a) any prohibited place or any machinery or apparatus therein, or
(b) any means of public transportation, or
(c) any means of telecommunication, shall be punishable with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.
(2) A person shall not be guilty of an offence under this section by reason only that he stops work as a result of an industrial dispute as defined in clause (k) of section 2 of the Industrial Disputes Act, 1947; but nothing in this sub-section shall affect his liability to be prosecuted for any offence which he may have committed against the provisions of that Act."
1. Rule, Defence of India Rules; 1962.