The Official Secrets Act of 1923 consolidates and amends laws relating to official secrets in India. It applies to all Indian citizens residing inside or outside the country, including government servants. The Act defines offenses related to spying, wrongful communication of official secrets, codes, passwords, sketches, plans, and other classified information. It aims to maintain national security by preventing the leakage of sensitive information to foreign powers that could harm India's sovereignty, security, or relations with other countries. Violations of the Act are punishable by imprisonment up to 14 years depending on the nature and context of the offense.
2. OFFICIAL SECRETS ACT,1923
Applicable to all Indian citizens residing inside or outside the country
(inclusive of government servants )
Official Secrets Act ,1923 is a comprehensive document relating to
official secrets and defines a number of offences –
1.Spying
2.Wrongful communication of any secret official code , password or any
such sketch, plan, model, article , note , document or or information.
Objective –Maintaining the security of the state against the leakage of
information , sabotage, and like.
3. OFFICIAL SECRETS ACT,1923
Sec 3 (1)If any person for any purpose prejudial to the safety or interests of the
state –
1.Approaches , inspects , passes over or in the vicinity of or enters any
prohibited place or
2.Makes any sketch ,plan, model ,note which is intended to be directly or
indirectly useful to the enemy or
3. Obtains , collects , records or publishes or communicates to any other
person any sketch ,model , plan , article , note ,document or information
intended to be directly or indirectly useful to an enemy or which is likely to
affect the sovereignty and integrity of India , the security of the state or
friendly relations with foreign states he shall be punishable with imprisonment
for a term which may extend ,where the offence is committed in relation to
any work of defense , arsenal , naval ,military ,air force or in relation to affairs
of the government to 14 yrs and in other cases to 3 yrs.
4. OFFICIAL SECRETS ACT,1923
5 )1) if any person having in his possession or control any secret official
code or password or any sketch ,plan ,model ,article ,note, document , or
information:
(a)willfully communicate the same to any unauthorized person
(b)Uses the information in his possession for the benefit of any foreign
power or in any manner prejudial to the safety of the state
(c)Retains the secret information when he has no right to retain it and
willfully fails to comply with all directions issued by lawful authority with
regard to return or disposal thereof
(d) Fails to take reasonable care of and so conducts himself as to endanger
the safety of ,the sketch , plan , model, article , note , document , secret
official code or password or information
He shall be guilty of an offence under this act.
(2) If a person voluntarily receives any secret official code or password or
any sketch ,plan ,model ,article ,note ,document or information in
contravention to this Act ,he shall be guilty of an offence.
5. OFFICIAL SECRETS ACT,1923
(6)(1)If any person for the purpose of gaining admission or of assisting another
person to gain admission to a prohibited place –
a)Uses or wears without lawful authority ,any naval ,military , air –force, police or
other official uniform or uniform nearly resembling the same used for deceiving
OR
b)Orally or in writing in any declaration signed by him makes a false statement Or
c)forges, alters, tampers with any passport official pass , permit , certificate ,license
d)Personates or falsely represents himself to be a person who is officially issued a
secret code or password or
e)Uses or has in possession any seal or stamp or belonging of the department to
deceive
shall be guilty of the offence.
6. OFFICIAL SECRETS ACT,1923
7(1)No person shall obstruct knowingly , mislead or otherwise interfere
any police officer or member of armed forces engaged in guard , patrol or
similar duty shall be punishable and hold guilty
(10)(1)If a person knowingly harbors any person who he knows or has
reasonable grounds for supposing to be a person who is about to commit
an offense,it shall be the duty of every person to inform to
superintendent of police or Inspector –General commission of Police.
(11)(1)If the magistrate or sub divisional magistrate is satisfied that there
are reasonable grounds of offence to be committed ,the magistrate may
grant a search warrant authorizing an police officer to enter in any time
along with armed force to search any sketch , plan , model ,note , article ,
document .
7. OFFICIAL SECRETS ACT,1923
(2)The police officer shall have to provide a report to the Magistrate in
this regard.
(15)If instead of a person ,a company is and every person responsible for
the conduct of business ,he should be deemed guilty .
However if one proves that such activity has been conducted without his
knowledge or that he had exercised all due diligence to prevent the
commission of the offence ,he shall be considered free.