The Official Secrets Act, 1923

1[1. Short title, extent and application.--(1) This Act may be called the Official Secrets Act, 1923. (2) It extends to the whole of India and applies also to servants of the Government and to citizens ofIndia outside India].

In this Act, unless there is anything repugnant in the subject or context, (1) any reference to a place belonging to Government includes a place occupied by anydepartment of the Government, whether the place is or is not actually vested in Government; 1* * * * * (2) expressions referring to commnicating or receiving include any communicating or receiving,whether in whole or in part, and whether the sketch, plan, model, article, note, document, orinformation itself or the substance, effect or description thereof only be communicated or received;expressions referring to obtaining or retaining any sketch, plan, model, article, note or document,include the copying or causing to be copied of the whole or any part of any sketch, plan, model,article, note, or document; and expressions referring to the communication of any sketch, plan, model,article, note or document include the transfer or transmission of the sketch, plan, model, article, noteor document; (3) "document' includes part of a document; (4) "model" includes design, pattern and specimen; (5) "munitions of war" includes the whole or any part of any ship, submarine, aircraft, tank orsimilar engine, arms and ammunition, torpedo, or mine intended or adapted for use in war, and anyother article, material, or device, whether actual or proposed, intended for such use; (6) "office under Government" inlcudes any office or employment is or under any department of theGovernment 2***; (7) "photograph" includes an undeveloped film or plate; (8)"prohibited place" means (a) any work of defence, arsenal, naval, military or air force establishment or station,mine, minefield, camp, ship or aircraft belonging to, or occupied by or on behalf of,Government, any military telegraph or telephone so belonging or occupied, any wireless orsignal station or office so belonging or occupied and any factory, dockyard or other place sobelonging or occupied and used for the purpose of building, repairing, making or storing anymunitions of war, or any sketches, plans, models or documents relating thereto, or for thepurpose of getting any metals, oil or minerals of use in time of war; (b) any place not belonging to Government where any munitions of war or any sketches,models, plans or documents relating thereto, are being made, repaired, gotten or storesunder contract with, or with any person on behalf of, Government, or otherwise on behalfof Government; (c) any place belonging to or used for the purpose of Government which is for the timebeing declared by the Central Government, by notification in the Official Gazette, to be aprohibited place for the purposes of this Act on the ground that information with respectthereto, or damage thereto, would be useful to an enemy, and to which a copy of thenotification in respect thereof has been affixed in English 'and in the vernacular of thelocality; (d) any railway, road, way or channel, or other means of communication by land or water(including any works or structures being part thereof or connected therewith) or any placeused for gas, water or electricity works or other works for purposes of a public character, orany place where any munitions of war or any sketches, models, plans, or documents relatingthereto, arc being made, repaired, or stored otherwise than on behalf of Government, which isfor the time being declared by the Central Government, by notification in the OfficialGazette, to be a prohibited place for the purposes of this Act on the ground that informationwith respect thereto, or the destruction of obstruction thereof, or interference therewith,would beuseful to an enemy, and to which a copy of the notification in respect thereof hasbeen affixed in English and in the vernacular of the locality; (9) "sketch" includes any photograph or other mode of representing any place or thing; and 3* * * * * (10) "Superintendent of Police" includes any police officer of a like or superior rank, andany person upon whom the powers of a Superintendent of Police are for the purposes of thisAct conferred by the Central Government.4***

(1) If any person for any purpose prejudicial to the safety orinterests of the State-- (a) approaches, inspects, passes over or is in the vicinity of, or enters, any prohibitedplace; or (b) makes any sketch, plan, model, ornote which is calculated to be or might be oris intended to be, directly or indirectly, useful to an enemy; or (c) obtains, collects, records or publishes or communicates to any other person any secret officialcode or pass word, or any sketch, plan, model, article or note or other document or information whichis calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy 1[orwhich relates to a matter the disclosure of which is likely to affect the sovereignty and integrity ofIndia, 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 committedin 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 relation to the naval, military or airforce affairs of Government or in relation to any secret official code, to fourteen years and in other casesto three years. (2) On a prosecution for an offence punishable under this section 2***, it shall not be necessary toshow that the accused person was guilty of any particular act tending to show a purpose prejudicial to thesafety or interests of the State, and, notwithstanding that no such act is proved against him, he may beconvicted if, from the circumstances of the case or his conduct or his known character as proved, itappears that his purpose was a purpose prejudicial to the safety or interests of the State; and if any sketch,plan, model, article, note, document, or information relating to or used in any prohibited place, or relatingto any thing in such a place, or any secret official code or pass word is made, obtained, collected,recorded, published or communicated by any person other than a person acting under lawful authority,and from the circumstances of the case or his conduct or his known character as proved it appears that hispurpose was a purpose prejudicial to the safety or interests of the State, such sketch, plan, model, article,note, document, 3[information, code or pass word shall be presumed to have been made], obtained,collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of theState.

(1) Inany proceedings against a person for an offence under section 3, the fact that he has been incommunication with, or attempted to communicate with a foreign agent, whether within or without1[India], shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety orinterests of the State, obtained-or attempted to obtain information which is calculated to be or might be, oris intended to be, directly or indirectly, useful to any enemy. (2) For the purpose of this section, but without prejudice to the generality of the foregoingprovision, (a) a person may be presumed to have been in communication with a foreign agent if-- (i) he has, either within or without 1[India]; visited the address of a foreign agent or consortedor associated with a foreign agent, or (ii) either within or without 1India], the name or address of, or any other informationregarding, a foreign agent has been found in his possession, or has been obtained by him fromany other person; (b) the expression "foreign agent" includes any person who is or has been or in respect of whomit appears that there are reasonable grounds for suspecting him of being or having been employed by aforeign power, either directly or indirectly, for the purpose of committing an act, either within orwithout 1[India], prejudicial to the safety or interests of the State, or who has or is reasonablysuspected of having, either within or without 1[India], committed, Or attempted to commit, such anact in the interests of a foreign power; (c) any address, whether within or without 1[India], in respect of which it appears that there arereasonable grounds for suspecting it of being an address used for the receipt of communicationsintended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts forthe purpose of giving or receiving communications, or at which he carries on any business, may bepresumed to be the address of a foreign agent, and communications addressed to such an address tobe communications with a foreign agent.

(1) If any person having in his possessionor control any secret official code or pass word or any sketch, plan, model, article, note, document orinformation which relates to or is used in a prohibited place or relates to anything in such a place, 1[orwhich is likely to assist, directly or indirectly, an enemy or which relates to a matter the disclosure ofwhich is likely to affect the sovereignty and integrity of India, the security of the State or friendlyrelations with foreign States or which has been made or obtained in contravention of this Act,] orwhich has been entrusted in confidence to him by any person holding office under Government, or whichhe has obtained or to which he has had access owing to his position as a person who holds or has heldoffice under Government, or as a person who holds or has held a contract made, on behalf ofGovernment, or as a person who is or has been employed under a person who holds or has heldsuch an office or contract (a) wilfully communicates the code or pass word, sketch, plan, model, article, note, document orinformation to any person other than a person to whom he is authorised to communicate it or a Courtof Justice or a person to whom it is, in the interests of the State his duty to communicate it; or (b) uses the information in his possession for the benefit of any foreign power or in any othermanner prejudicial to the safety of the State; or (c) retains the sketch, plan, model, article, note or document in his possession or controlwhen he has no right to retain it, or when it is contrary to his duty to retain it, or wilfully fails tocomply with all directions issued by lawful authority with regard to the return or disposalthereof; or (d) fails to take reasonable care of, or so conducts himself as to endanger the safety of,the sketch, plan, model, article, note, document, secret official code or pass word orinformation; he shall be guilty of an offence under this section. (2) If any person voluntarily receives any secret official code or pass word or any sketch, plan, model,article, note, document or information knowing or having reasonable ground to believe, at the time whenhe receives it, that the code, pass word, sketch, plan, model, article, note, document or information iscommunicated in contravention of this Act, he shall be guilty of an offence under this section. (3) If any person having in his possession or control any sketch, plan, model, article, note,document or information, which relates to munitions of war, communicates it, directly or indirectly, to any foreign power or in any other manner prejudicial to the safety or interests of the State, heshall be guilty of an offence under this section. 2[(4) A person guilty of an offence under this section shall be punishable with imprisonment for aterm which may extend to three years, or with fine, or with both.]