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Report No. 43

Offences Against The National Security

Contents
Chapter 1 Introductory
1.1. The crime of treason
1.2. Genesis of the Report
1.3. Suggestion to consolidate the law
1.4. Scope of treason
1.5. Title of National Security Act recommended
1.6. Existing Central Acts on the subject
1.7. - 1.8. Foreign Recruitment Act
1.9. Official Secrets Act
1.10. Criminal Law Amendment Act, 1961
1.11. Unlawful Activities (Prevention) Act
1.12. - 1.13. Its importance
1.14. Advantages of consolidation
1.16. Form of the new law
Chapter 2 Constitutional Aspects, Extent and Application
2.1. Constitutional validity of some provisions examined with reference to 'public order' and 'security of the State'
2.2. Fundamental rights
2.3. Legislative competence
2.4. Provisions not falling within 'public order' in the narrower sense
2.5. Extent of the new law
2.6. Offences under the Penal Code
2.7. Recommendation
2.8. Two alternatives as to ex-territorial application
2.9. Protected interest principle
2.10. Provisions in foreign Codes based on the protective principle
2.11. Desirability of wider alternative considered
2.12. Anglo-American practice
2.13. Special case of alien entering the country for a purpose prejudicial to national security
2.14. Recommendation as to ex-territorial application
Chapter 3 Insurrection
3.1. Introductory
3.2. Existing offences connected with waging war, etc
3.3. Preventing by force exercise of the authority of a State
3.4. - 3.5. Penalty for assuming dictatorial powers
3.6. Treason against a State unit of a Federation etc
3.7. Offences to be included in this group
Chapter 4 Assisting The Enemy
4.1. Introductory
4.2. Assisting India's enemies
4.3. - 4.4. Collaboration with hostile countries
4.5. - 4.8. Infiltration
4.9. Offences concerned with prisoners of war
4.10. Offences to be included in this group
Chapter 5 Relations with Foreign States
5.1. - 5.2. Introductory
5.3. Offences connected with war or depredations on foreign States
5.4. - 5.8. Recruitment and enlistment of foreign States
5.9. Two Acts on the subject
5.10. Foreign Recruiting Act, 1874
5.11. - 5.15. The Foreign Enlistment Act, 1870 (33 and 34 Vict., c. 90)
5.16. Recommendation regarding the Foreign Recruiting Act
5.17. Recommendation regarding the Foreign Enlistment Act
5.18. Modifications required in section 4, Foreign Recruiting Act
5.19. Punishment to be three years' imprisonment
5.20. Recommendations as to recruitment and enlistment
5.21. Jeopardising neutrality
5.22. English practice as to neutrality legislation
5.23. Position in South American countries and in some Continental Codes
5.24. Position in the U.S.A.
5.25. Various aspects of acts jeopardising neutrality
5.26. Provision as to act jeopardising neutrality not favoured
5.27. Offences to be indicated in this group
Chapter 6 Offences Relating to Armed Forces
6.1. Introductory
6.2. Existing provisions to be incorporated
6.3. Provisions relating to armed forces-importance of
6.4. - 6.6. Statutory provisions in England
6.7. Other suggestions considered
6.8. Treachery
6.9. Propaganda amongst armed forces
6.10. Offences to be included in this group
Chapter 7 Subversive Activities
7.1. Introduction
7.2. Disruptive activity
7.3. Para-military groups for subversive purposes
7.4. Prohibited by law in some countries
7.5. Provision recommended
7.6. Maintaining relations with foreign States for purpose prejudicial to national security
7.7. Provision in foreign Codes
7.8. Provision recommended
7.9. - 7.10. Treasonable deception
7.11. Provision recommended
7.12. Sabotage
7.13. Different motives for destruction of property
7.14. Position in England regarding sabotage
7.15. Provision in France and Germany
7.16. Provision in Russia relating to sabotage
7.17. Crime of "wrecking" in Russia
7.18. Present provisions in India as to destruction of property
7.19. Provision recommended
7.20. Espionage (Official Secrets Act)
7.21. Section 2(1)-Definition of place belonging to Government to be omitted
7.22. Section (2)-expressions referring to communicating, receiving, obtaining or retaining to be omitted
7.23. Section 2 (3)-document
7.24. Definition of enemy
7.25. Provision as to constructive enemy country in Korea
7.26. Definition of "foreign agent" to be transferred from section 4(2)(b) of the Secrets Act
7.27. Section 2(4)-'model'
7.28. Section 2(5)-'munitions of war
7.29. Section 2(6)-Definition of office under Government to be omitted
7.30. Section 2(7)-'photograph'
7.31. Section 2(8)-'prohibited place'
7.32. Definition of prohibited place analysed
7.33. Defect in clause (d) of the definition
7.34. Recommendation for amending the definition of prohibited place
7.35. Other minor changes recommended
7.36. Section 2(9)-Definition of sketch
7.37. Section 2(1)-Superintendent of police to be omitted
7.38. Section 3(1)-Analysis
7.39. Chandler's case
7.40. Meaning of "safety of the State" explained by Lord Reid
7.41. Meaning of 'motive' and 'purpose' explained by Lord Radcliffe
7.42. Question of capital punishment considered, with reference to sections 3 and 5
7.43. Death penalty for spying not recommended
7.44. Question of punishment under section 3(1) considered
7.45. Imprisonment under section 3(1)-Recommendation for amendment
7.46. Fine to be added
7.47. Drafting changes recommended in section 3(1)
7.48. Section 3(2), first half, (Evidence of purpose prejudicial to national security) to be extended
7.49. Section 3(2), latter half-presumptions in prosecutions for spying
7.50. Comparable English provision
7.51. General rule as to evidence of bad character modified
7.52. Section 3(2) second part to be combined with section 4
7.53. Section 4(1)
7.54. Taking Section 4(2)
7.55. Proof of mens rea facilitated
7.56. Drastic presumptions necessary
7.57. Minor changes in section 4 recommended
7.58. Section 5(1)
7.59. Overlapping in part between section 3(1) and section 5(1)
7.60. Wide scope of section 5(1) and 5(3)
7.61. All confidential communications covered by section 5(1)
7.62. Applicability to retired Government servants
7.63. Drafting change recommended in section 5(1)
7.64. Provision of section 5(4) as to punishment to be amended
7.65. Section 5(2)-Receiving official secrets
7.66. Section 5(3) to be omitted
7.67. Section 5(4)
7.68. Section 6, and the variety of acts covered
7.69. Section 6(1), opening paragraph word 'other' to be omitted
7.70. Section 6(1)(a) to be shortened
7.71. Section 6(1)(b)-verbal changes recommended
7.72. Section 6(1)(c)-to be shortened after addition of definition of official document
7.73. Section 6(1)(d)-personation and false representations
7.74. Drafting changes recommended
7.75. Section 6(1)(e) to be shortened after adding definition of 'official seal'
7.76. Section 6(2)(a)
7.77. Section 6(2)(a).
7.78. Section 6(2)(c)
7.79. Section 6(3).
7.80. Section 6(4)
7.81. Section 7
7.82. Section 8
7.83. Section 9 to be omitted
7.84. Section 10
7.85. Minor changes recommended
7.86. Redrafts of penal provisions in sections 3 to 10, Official Secrets Act
33. If any person, for any purpose prejudicial to the national security,-
34. Divulging official secrets
35. Using false official uniforms, documents and seals for purpose prejudicial to national security
36. Interfering with the Police or armed forces on duty at a prohibited place
37. If any person fails
38. Penalty for harbouring saboteurs or spies
7.87. Procedural provisions in the Official Secrets Act
7.88. Section 11(1)-Search-warrants-Magistrates
7.89. Section 11(2) and 11(3).-Search by the police
7.90. Exceptional powers needed
7.91. Applicability of Code of Criminal Procedure
7.92. Position considered
7.93. Magistrates' power of issuing search-warrants compared
7.94. Section 11 to be retained
7.95. Provisions of the Cr. P.C. to be applied to searches
7.96. Section 11 to be extended to sabotage
7.97. Section 12-tender of pardon to be omitted
7.98. Section 12 before 1967-Cognizable offence
7.99 Bail
7.100 - 7.101. Suggestion relating to section 497(3A), Cr. P.C. considered
7.102. Suggestion to being civilians within the enactments relating to armed forces
7.103. Suggestion considered
7.104. No change recommended
7.105. Sections 13(1) and 13(2) to be omitted
7.106. Section 13(3) to be amended
7.107. Calcutta Case
7.108. Position altered
7.109 Section 13(4)
7.110 Section 14
7.111 Section 14 to be retained and extended
7.112 Section 15
7.113 Sedition to be included
7.114. Insult to the Constitution, National Flag
7.115. Writing anti-national slogans
7.116. Defamation of the State
7.117. Accepting titles from foreign Governments
7.118. Offences to be included
7.119. Revised procedural and evidentiary provisions in the Chapter
40. Search Warrants
41. Exclusion of public from certain proceedings
42. Evidence of purpose prejudicial to national security
43. Presumptions in prosecutions for spying
Chapter 8 Subversive Associations
8.1. The Introductory
8.2. Constitutional aspects discussed before the Joint Committee
8.3. Activities dealt with in the Act
8.4. Definition of unlawful association
8.5. Constitutional questions
8.6. Supreme Court decision in V.G. Row's case
8.7. Criterion of provision for judicial inquiry
8.8. Defect avoided in the Unlawful Activities Act
8.9. Scope of the Act to be widened
8.10 Subversive activity
8.11 Section 2A-References to laws not in force in Jammu and Kashmir
8.12. Section 3-basic provision for applicability of penal provisions
8.13. Sections 10, 11 and 12
8.14. Section 13(2) to be omitted
8.15. Section 13(3)
8.16. Sections 7 and 8
8.17. - 8.18. Sections 4 to 6 and 9-Proceedings before the Tribunal or District Judge
8.19. Sections 5 to 9
8.20. Section 14 to be omitted
8.21. Sections 15 and 16
8.22. Section 17
8.23. Sections 18 to 21
8.24. Offences to be included in this group
Chapter 9 The Criminal Law Amendment Act, 1961
9.1. Introductory
9.2. Section 2 covered by the Act of 1967-Repeal recommended
9.3. Section 3
9.4. Delhi case
9.5. Sections 4 & 5
9.6. Sections 3 to 5 not suitable for inclusion in the new law
Chapter 10 Procedure, Limitation and Miscellaneous
10.1. - 10.2 Three kinds of procedural provisions relating to offences against the national security
10.3. Limitation for offences
10.4. Limitation as to treason in England Statute of 1695
10.5. Transitory nature of some offences against national security
10.6. Recommendation regarding time-limits for prosecutions for certain offences
10.7. Provision recommended
10.8. Procedural provisions applicable to all offences
10.9. Provisions as to cognizability of certain offences and courts competent to try them
10.10. Repeal
10.11. Provisions to be included
10.12. Appendices
I. Repentance
Argentina
Germany1
Japan
II. Disloyalty in Negotiations
Argentina
Colombia
Denmark
Sweden
III. Duty to Prevent The Commission of The Crime
Appendix I The National Security Bill, 1971
Chapter 1 Preliminary
1. Short title, extent and application
2. Definitions
Chapter 2 Insurrection
3. Waging war against the Government of India
4. Preparing to wage war
5. Concealing to wage war
6. Conspiracy to overawe the Parliament or Government of India or the Legislature or Government of any State
7. Preventing by force exercise of State authority in furtherance or inter-State disputes
8. Assaulting President etc., with intent to compel or restrain the exercise of any lawful powers
Chapter 3 Assisting The Enemy
9 Assisting India's enemies
10. Infiltration for committing offence against national security
11. Aiding escape of, rescuing or harbouring prisoner of war
12. Public servant voluntarily allowing prisoner of war to escape
13. Public servant negligently suffering prisoner of war to escape
Chapter 4 Relations with Foreign States
14. Waging war against any foreign State at peace with India
15. Committing depredation on territories of foreign State at peace with India
16. Receiving property taken by means of such waging of war or depredation
7.17. Recruitment to, or enlistment in, armed forces of foreign States
Chapter 5 Offences Relating to The Armed Forces
18. Abetment of mutiny
19. Attempting to seduce officer or member from duty
20. Abetment of assault on superior officer
21. Abetment of desertion from armed forces
22. Harbouring deserter
23. Abetment of an act of insubordination
24. Incitement to mutiny or other act of insubordination
25. Dissuasion from enlisting and instigation to mutiny or insubordination after enlistment
26. Persons subject to certain laws, not to be punished under the Chapter
27. Wearing garb or carrying token used by officer or member of the armed forces
Chapter 6 Subversive Activities
28. Disruptive activity
29. Para-military groups
30. Treasonable relations with foreign State or institution or organisation
31. Treasonable deception
32. Sabotage
33. Spying
34. Divulging official secrets
35. Using false official uniforms, documents and seals for purpose prejudicial to national security
36. Interfering with the police or armed forces on duty at a prohibited place
37. Failure to give information
38. Penalty for harbouring saboteurs or spies
39. Sedition
40. Search Warrants
41. Exclusion of public from certain proceedings
42. Evidence of purpose prejudicial to national security
43. Presumptions in prosecution for spying
Chapter 7 Subversive Associations
44. Definitions
45. Declaration of an association as subversive association
46. Reference to Tribunal
47. Tribunal
48. Period of operation and cancellation of notification
49. Power to prohibit the use of funds of a subversive association
50. Power to notify places used for the purpose of subversive association
51. Procedure to be followed in the disposal of applications under this Chapter
52. Penalty for being member of a subversive association
53. Penalty for dealing with funds of a subversive association
54. Penalty for contravention of an order made in respect of a notified place
55. Continuance of association
56. Bar of Jurisdiction
57. Protection of action taken in good faith
58. Powers to delegate
59. Power to make rules
Chapter 8 Miscellaneous
60. Cognizance of offences
61. Bar to taking cognizance after lapse of time
62. Place of inquiry or trial
63. Provision as to certain offences regarding cognizability and competent court
64. Offences by companies
65. Repeals and savings
Appendix 2 Consequential Amendments in Central Acts
I. The Indian Penal Code
II. The Code of Criminal Procedure1
III. The Criminal Law Amendment Act, 1961


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