Official Secret Act 1923

OFFICIAL SECRET ACT OFFICIAL SECRET ACT 19231923

IS INDIA’S ANTI-ESPIONAGE ACTIS INDIA’S ANTI-ESPIONAGE ACT

IS HELD OVER FROM BRITISH IS HELD OVER FROM BRITISH COLONISATIONCOLONISATION

APPLICABLE TOAPPLICABLE TO The whole of India and applies also to The whole of India and applies also to

servants of the Government and to servants of the Government and to citizens of India outside India.citizens of India outside India.

SOME DEFINITIONSSOME DEFINITIONSCCommunicating or Receivingommunicating or Receiving

This includes any communicating or This includes any communicating or receiving, whether in whole or in receiving, whether in whole or in part, and whether the sketch, plan, part, and whether the sketch, plan, model, article, note, document, or model, article, note, document, or information itself.information itself.

include the transfer or transmission include the transfer or transmission of the sketch, plan, model, article, of the sketch, plan, model, article, note or document; note or document;

SOME DEFINITIONSSOME DEFINITIONS Obtaining or RetainingObtaining or Retaining

This includes obtaining or retaining This includes obtaining or retaining any sketch, plan, model, article, note any sketch, plan, model, article, note or document, include the copying or or document, include the copying or causing to be copied of the whole or causing to be copied of the whole or any part of any sketch, plan, model, any part of any sketch, plan, model, article, note or document article, note or document

SOME DEFINITIONSSOME DEFINITIONS Document Document - includes part of a document - includes part of a document ModelModel - includes design, pattern and - includes design, pattern and

specimenspecimen Munitions of warMunitions of war - includes the whole or - includes the whole or

any part of any ship, submarine, aircraft, any part of any ship, submarine, aircraft, tank or similar engine, arms and tank or similar engine, arms and ammunition, torpedo, or mine intended or ammunition, torpedo, or mine intended or adapted for use in war, and any other adapted for use in war, and any other article, material, or device, whether actual article, material, or device, whether actual or proposed, intended for such useor proposed, intended for such use

SOME DEFINITIONSSOME DEFINITIONS Office under GovernmentOffice under Government - -

includes any office or employment in includes any office or employment in or under any department of the or under any department of the Government.Government.

PhotographPhotograph - includes an - includes an undeveloped film.undeveloped film.

SOME DEFINITIONS SOME DEFINITIONS Prohibited placeProhibited place

Any work of defence, arsenal, naval, Any work of defence, arsenal, naval, military or air force establishment or military or air force establishment or station, mine, minefield, camp, ship station, mine, minefield, camp, ship or aircraft belonging to, or occupied or aircraft belonging to, or occupied by or on behalf of, Government, any by or on behalf of, Government, any military telegraph or telephone , any military telegraph or telephone , any wireless or signal station or office wireless or signal station or office and any factory, dockyard or other and any factory, dockyard or other place place


used for the purpose of building, used for the purpose of building, repairing, making or storing any repairing, making or storing any munitions of war, or any sketches, munitions of war, or any sketches, plans, models or documents relating plans, models or documents relating thereto, or for the purpose of getting thereto, or for the purpose of getting any metals, oil or minerals of use in any metals, oil or minerals of use in time of war time of war


any place not belonging to any place not belonging to Government where any munitions of Government where any munitions of war or any sketches, models, plans war or any sketches, models, plans or documents relating thereto, are or documents relating thereto, are being made, repaired, gotten or being made, repaired, gotten or stored under contract with, or with stored under contract with, or with any person on behalf of, any person on behalf of, Government, or otherwise on behalf Government, or otherwise on behalf of Government of Government

Penalties for spyingPenalties for spying If any person for any purpose If any person for any purpose

prejudicial to the safety or interests prejudicial to the safety or interests of the State of the State

(a) approaches, inspects, passes over or is (a) approaches, inspects, passes over or is in the vicinity of, or enters, any prohibited in the vicinity of, or enters, any prohibited place orplace or

(b) makes any sketch, plan, model, or note (b) makes any sketch, plan, model, or note which is calculated to be or might be or is which is calculated to be or might be or is intended to be, directly or indirectly, intended to be, directly or indirectly, useful to an enemy ; oruseful to an enemy ; or

Penalties for spyingPenalties for spying ( c) obtains, collects, records or ( c) obtains, collects, records or

publishes or communicates to any publishes or communicates to any other person any secret official code other person any secret official code or pass word, or any sketch, plan, or pass word, or any sketch, plan, model, article or note or other model, article or note or other document or information which is document or information which is calculated to be or might be or is calculated to be or might be or is intended to be, directly or indirectly, intended to be, directly or indirectly, useful to an enemy.useful to an enemy.

Penalties for spyingPenalties for spying he shall be punishable with imprisonment he shall be punishable with imprisonment

for a term which may extend to for a term which may extend to three three yearsyears..

where the offence is committed in relation where the offence is committed in relation to any work of defence, arsenal, naval, to any work of defence, arsenal, naval, military or air force establishment or military or air force establishment or station, mine, minefield, factory, dockyard, station, mine, minefield, factory, dockyard, camp, ship or air craft or otherwise in camp, ship or air craft or otherwise in relation to the naval, military or air force relation to the naval, military or air force affairs of Government or in relation to any affairs of Government or in relation to any secret official code, to secret official code, to fourteen years.fourteen years.

““Foreign Agent” Foreign Agent” Any person who is or has been or in Any person who is or has been or in

respect of whom it appears that there are respect of whom it appears that there are reasonable grounds for suspecting him of reasonable grounds for suspecting him of being or having been employed by a being or having been employed by a foreign power, either directly or indirectly, foreign power, either directly or indirectly, for the purpose of committing an Act, for the purpose of committing an Act, either within or without India, or who has either within or without India, or who has or is reasonably suspected of having, or is reasonably suspected of having, either within or without India, committed, either within or without India, committed, or attempted to commit, such an Act in the or attempted to commit, such an Act in the interests of a foreign power ;interests of a foreign power ;

Communications with foreign Communications with foreign agentsagents

a person may be presumed to have been a person may be presumed to have been in communication with a foreign agent if—in communication with a foreign agent if—

((ii)) he has, either within or without he has, either within or without India, visited the address of a foreign India, visited the address of a foreign agent or consorted or associated with a agent or consorted or associated with a foreign agent, or foreign agent, or

((iiii)) either within or without India, either within or without India, the name or address of, or any other the name or address of, or any other information regarding, a foreign agent has information regarding, a foreign agent has been found in his possession, or has been been found in his possession, or has been obtained by him from any other person;obtained by him from any other person;

Wrongful communication of Wrongful communication of informationinformation

If any person willfully communicates or If any person willfully communicates or voluntarily receives any secret official voluntarily receives any secret official code or pass word or any sketch, plan, code or pass word or any sketch, plan, model, article, note, document or model, article, note, document or information knowing or having reasonable information knowing or having reasonable ground to believe, at the time when he ground to believe, at the time when he receives it, that the code, pass word, receives it, that the code, pass word, sketch, plan, model, article, note, sketch, plan, model, article, note, document or information is communicated document or information is communicated in contravention of this Act, he shall be in contravention of this Act, he shall be guilty of an offence under this section guilty of an offence under this section

Unauthorized use of uniformsUnauthorized use of uniforms for the purpose of gaining admission for the purpose of gaining admission

or of assisting any other person to or of assisting any other person to gain admission to a prohibited place gain admission to a prohibited place

uses or wears, without lawful uses or wears, without lawful authority, any naval, military, air authority, any naval, military, air force, police or other official uniform force, police or other official uniform

Interfering with officers of the Interfering with officers of the police or members of the Armed police or members of the Armed

Forces of UnionForces of Union

No person in the vicinity of any prohibited No person in the vicinity of any prohibited place shall obstruct, knowingly mislead or place shall obstruct, knowingly mislead or otherwise interfere with or impede, any otherwise interfere with or impede, any police officer, or any member of the Armed police officer, or any member of the Armed Forces of the Union engaged on guard, Forces of the Union engaged on guard, sentry, patrol, or other similar duty in sentry, patrol, or other similar duty in relation to the prohibited place relation to the prohibited place

Duty of giving information as to Duty of giving information as to commission of offencescommission of offences

It shall be the duty of every person to It shall be the duty of every person to furnishing such information on furnishing such information on demand to a Superintendent of demand to a Superintendent of Police, or other police officer not Police, or other police officer not below the rank of Inspector, or to any below the rank of Inspector, or to any member of the Armed Forces of the member of the Armed Forces of the Union engaged on guard, sentry, Union engaged on guard, sentry, patrol or other similar dutypatrol or other similar duty

Search warrantsSearch warrants If a Presidency Magistrate, Magistrate of If a Presidency Magistrate, Magistrate of

the first class or Sub-divisional Magistrate the first class or Sub-divisional Magistrate is satisfied by information on oath that is satisfied by information on oath that there is reasonable ground for suspecting there is reasonable ground for suspecting that an offence under this Act has been or that an offence under this Act has been or is about to be committed, he may grant a is about to be committed, he may grant a search warrant authorising any police search warrant authorising any police officer named therein, not being below the officer named therein, not being below the rank of an officer in charge of a police rank of an officer in charge of a police station, to enter at any time any premises station, to enter at any time any premises or place named in the warrant, if or place named in the warrant, if necessary, by force, necessary, by force,

Search warrantsSearch warrants and to search the premises or place and to search the premises or place

and every person found therein, and and every person found therein, and to seize any sketch, plan, model, to seize any sketch, plan, model, article, note or document, or article, note or document, or anything of a like nature, or anything anything of a like nature, or anything which is evidence of an offence which is evidence of an offence under this Act. under this Act.

Search warrantsSearch warrants Where it appears to a police officer, Where it appears to a police officer,

not being below the rank of not being below the rank of Superintendent, that the case is one Superintendent, that the case is one of great emergency, and that in the of great emergency, and that in the interests of the State immediate interests of the State immediate action is necessary, he may by a action is necessary, he may by a written order under his hand give to written order under his hand give to any police officer the like authority any police officer the like authority as may be given by the warrant of a as may be given by the warrant of a Magistrate under this section Magistrate under this section

Exclusion of public from Exclusion of public from proceedingsproceedings

Court may make an order to the Court may make an order to the exclusion of the public from any exclusion of the public from any proceedings, but the passing of proceedings, but the passing of sentence shall in any case take place sentence shall in any case take place in public.in public.

Offences by companiesOffences by companies When a company is seen as the When a company is seen as the

offender under this Act, everyone offender under this Act, everyone involved with the management of the involved with the management of the company including the board of company including the board of directors can be liable for directors can be liable for punishment. In the case of a punishment. In the case of a newspaper everyone including the newspaper everyone including the editor, publisher and the proprietor editor, publisher and the proprietor can be jailed for an offencecan be jailed for an offence

Penalty for harbouring spies.Penalty for harbouring spies. If any person knowingly harbours any If any person knowingly harbours any

person who is about to commit or person who is about to commit or who has committed an offence or who has committed an offence or knowingly permits to meet or knowingly permits to meet or assemble in any premises in his assemble in any premises in his occupation or under his control any occupation or under his control any such persons, he shall be guilty of an such persons, he shall be guilty of an offence under this section.offence under this section.

IT COVERSIT COVERS Any action which involves helping an Any action which involves helping an

enemy state against Indiaenemy state against India ( (can be in can be in the form of communicating a sketch, the form of communicating a sketch, plan, model of an official secret, or of plan, model of an official secret, or of official codes or passwordsofficial codes or passwords ) )

One cannot approach, inspect, or One cannot approach, inspect, or even pass over a prohibited even pass over a prohibited government site or areagovernment site or area

Prosecution and PenaltiesProsecution and Penalties Punishments under the Act range from Punishments under the Act range from

three to fourteen years imprisonmentthree to fourteen years imprisonment A person prosecuted under this Act can be A person prosecuted under this Act can be

charged with the crime even if the action charged with the crime even if the action was unintentional and not intended to was unintentional and not intended to endanger the security of the state.endanger the security of the state.

Any person who Any person who has been in has been in communication with, or attempted to communication with, or attempted to communicate with a foreign agentcommunicate with a foreign agent can be can be prosecuted.prosecuted.

Documents

Official Secret Act 1923