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(1) recruitment for a foreign State at war with India, which can be called, for brevity. an enemy country;

(2) recruitment for 3. foreign State at peace with lnciia, which can be called, for brevity, a friendly country;

(3) recruitment for a country which is friendly to an enemy country; and {4} recruitment for a country which is enemy of a friendly country. ' ' 5.5- Recruitment for an enemy country {at least where the recruitment is for military or semi-military service.) is treason in "English iaw3. In India, it is bound to be held as abetment of the waging of war against India punishable under section 121 of the Penal Code.

In India, such recruitment can be regulated under the Foreign Recruiting Act, 1374.

5.7. Recruitment for at country friendly to an enemy country may or may not amount to treason in England or to abetment of Recruit-

ment and enlistment of foreign States.

1. The Foreign Recruiting Act, 1874.

2. The Foreign Enlistment Act, 1810 (33 and 34 Vic. c. 90).

3. R. v. Lynch, (1903) 1 [(3. 444; Russell on Crime, (I964), Vol. 2, page 545.

4. Russell on Crime. (1964), Vol. 2, page 1544.

5. 1 East P.C. Bl;4 Bl. Corn. 122.

6. R. v. Lynch, (1903) 1 KB. 444.

Two Acts on the Sub-

Jed.

Foreign Recruiting Act, 1874.

The Foreign Enlistment Act, 1870 (33 and 34 Vict. c.90}.

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).

waging war in India. The answer depends on the nature of the service to which the person is recruited, the use to be made of the person recruited, and other circumstances. Usually, if the third country is giving solid military assistance to the enemy country, war would have been declared against that country also. The regulatory power under the Foreign Recruiting Act, 1874, can also be exercised.

tion of 'document' in the General Clauses Act' is applicable to cumem ' the whole as well as a part of a document. Clause (3) of section 2 should therefore be omitted.

7.24. We considered the question whether the expression D°fi"l"0"

"enemy" should be defined. The expression occurs at several "F °"°"'3"

places in the Official Secrets Act. There is an English decision2 which contains observations to the effect that the word 'erneny' in the Official Secrets Act includes a potential enemy.

7.25. In one of the foreign Penal Codes3 the concept of Provision 'constructive enemy country' has been introduced in these terms. gfrfiggsfgll' "In any of the crimes of Article 93 through the preceding §3f,:?:.y=s Article} a foreign country or a group of foreigners taking in Korea- a hostile action against the Republic of Korea shall be deemed an enemy country."