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Report No. 156

Clause 45

12.27. Under this clause a new Chapter VB is sought to be inserted under which new section 120C, 120D defining attempt and punishment for offence of attempt. The existing section 511 is sought to be omitted. We have carefully examined this clause and the scope of these new two sections in Chapter VI and recommend that section 511 be retained and this clause be deleted.

Clause 47

12.28. Under this clause a new section 123A is sought to be inserted. The new section lays down that whoever assists in any manner an enemy at war with India, or the armed forces of any country against whom the armed forces of India are engaged in hostilities, whether or not a state of war exists between that country and India, shall be punishable. The Law Commission in its 42nd Report recommended insertion of a new section but in the Bill we find that an Explanation is also added to the section which is explanatory in nature. We are also of the view that the new section may be inserted.

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