Section 36: Protection of defence works

36. Protection of defence works (1) Any unauthorised person who enters— (a) any battery, fieldwork, fortification, magazine, storehouse, or any building or place connected with any position finding scheme, submarine mining or torpedo defence; (b) any enclosed place, whether fortified or not, used for naval or military purposes, where a written notice has been put up or affixed in some conspicuous place, to the effect that entrance thereto is interdicted, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees. (2) Any person who, by means of a false name or disguise, obtains access to any of the places or buildings mentioned in subsection (1), shall commit an offence and shall, on conviction by a Magistrate or, on reference by the Director of Public Prosecutions, by the Intermediate Court, be liable to imprisonment for a term not exceeding 4 years. (3) (a) Any unauthorised person who makes any measurement, model, sketch, plan, photograph, picture, painting or drawing of the whole or any portion of any battery, fieldwork, fortification, position finding scheme, submarine mining or torpedo defence, magazine, storehouse or any building or place mentioned in subsection (1), shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees or to imprisonment for a term not exceeding one year. C58 – 7 [Issue 2] Criminal Code (Supplementary) Act (b) All tools and sketching, drawing, photographic or painting materials or apparatus found in the possession of an offender under paragraph (a) shall be forfeited and all unauthorised measurements, models, sketches, plans, photographs, pictures, paintings or drawings shall be forfeited wherever found. (4) Any person found within 200 metres of any battery, fieldwork, fortification, magazine, storehouse, or any building or place mentioned in subsection (1), with tools, sketching, drawing, photographic or painting materials or apparatus in his possession, with the intention of defeating the provisions of this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees. (5) Any person who has lawfully or unlawfully obtained possession of, or access to any document, sketch, plan, photograph, model or information relating to any battery, fieldwork, fortification, position finding scheme, submarine mining or torpedo defence, magazine or storehouse, or any building or place mentioned in subsection (1), communicates, discloses, or makes known or attempts to communicate, disclose or make known such document, sketch, plan, photograph, model or information, or any part thereof, to any person to whom the same ought not to be communicated, disclosed or made known, shall commit an offence and, on conviction, be liable to a fine not exceeding 100,000 rupees or to imprisonment for a term not exceeding one year. [S. 36 amended by Act 29 of 1990; Act 5 of 1999; s. 8 of Act 36 of 2008 w.e.f. 37. – 57. —