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Report No. 29

96. Points suggested in comments.-One of the comments received by us suggest, that under the first category1, the following offences should be made penal by inserting a Chapter in the Indian Penal Code:-

(i) smuggling across the Indian border;

(ii) trafficking in foreign currency and bullion;

(iii) any move, open or subtle, purported to obstruct any foreign aid;

(iv) any move to incite the peasants in any area to abstain from cultivation;

(v) inciting strikes calculated to paralyse any transport or communication system, such as Railways, Port or road transport, etc.;

(vi) under-invoicing export and over-invoicing import;

(vii) export of manufactured goods, handicrafts or raw materials, in quantities below the specified standards.

1. Para. 92, supra.

97. We are not able to accept the suggestion. Some of the offences, e.g. smuggling, and trafficking in foreign currency, are already covered by special enactments1. A few like "any move to obstruct any foreign aid" or "any move to incite the peasant to abstain from cultivation" appear to be too wide. Assuming that such provisions would be constitutional-a point on which we do not express any opinion,-they might cover many innocent activities. For example, a person who expresses an honest difference of opinion in regard to the policy followed as to foreign aid may find himself within the four corners of the suggested offence of "any move to obstruct any foreign aid". The rest, such as inciting strikes, etc., can be more appropriately dealt with in legislation relating to industrial disputes.

1. See Appendix 1.

Proposal to include certain Social and Economic Offences in the Indian Penal Code Back

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