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Report No. 78

Appendix 3

Present Position as Regards Certain Offences Affecting National Security or Economy under Special Laws

SL. No.

Act and Station

Offence

Punishment imprisonment upto:

1

The Foreign Recruiting Act, !874, section 6. Violation of the prohibition or condition for permission to recruit persons for service of any foreign State.

7 Years.

2

The Official Secrets Act, 1923, section 3. 1-If any person for any purpose prejudicial to the safety or interests of the State- (a) approaches, inspects, passes over, or is in the vicinity of, or enters, any prohibited place; or
(b) makes any sketch, plan, model or note which is calculated to be or might be or is intended to be, directly or indirectly useful to an enemy; or
(c) approaching prohibited place,making sketch, obtaining, collecting, recording or publishing or communicating to any other person any secret official code or password, or any sketch, plan, model article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy or which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States.
Imprisonment for a term which may extend, where the offence is committed in relation to any work of defence, arsenal, naval, military or air force establishment or station, mine, minefield, factory dockyard camp, ship or aircraft or otherwise in military or air force affairs of Government, or in relation to any secret official code, to fourteen years, and in other cases to three years.
Section 5 Wrongful communication, etc. of information.

3 Years

Section 6 Unauthorised use of uniforms, classification of reports, forgery, personification and false documents.

3 Years

Section 7 Interfering with officers of the Police or members of the Armed forces of the Union.

3 Years

Section 8 Violation of duty of giving information as to the commission of offence.

3 Years

Section 9 Attempts, incitement etc.

Same as that for the offence

Section 10 Penalty for harbouring spies.

3 years

3

Criminal Law Amend-ment Act, 1938, section 2 Dissuading the public from enlistment to the Military, Navy or Air Forces or instigating to Mutiny or insubordination after enlistment.

1 Year

4

The Foreigners Act, 1946, section 14 Contravention of provisions of this Act.

5 Years

5

The Criminal Law Amendment Act, 1961, section 2 Questioning the territorial integrity or frontiers of India in a manner projudical to the interests of safety and security of India.

3 Years

Section 3 Statements etc. in a notified area prejudicial to maintenance of public order or safety, security of India etc.

1 Year

6

The Atomic Energy Act, 1962, section 24(1). Contravention of any-
(a) order made under section 14,
(b) rules under section 17, as to safety,
(c) obstructing any person authorised by the Central Government under section 17(4), or
(d) contravention of section 18(2) regarding disclosure of restricted information. 1 year.

7

The Unlawful Activities Unlawful activity. 7 years.Prevention Act, 1967. Unlawful activity

7 Years

8

Section 13(1) Section 13(1). Assisting in unlawful activity of association declared unlawful.

5 Years



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