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Official Secrets Act, 1923 Complete Act

Title: Official Secrets Act, 1923

State: Central

Year: 1923

Preamble1 - OFFICIAL SECRETS ACT, 1923 Section1 - Short title, extent and application Section2 - Definitions Section3 - Penalties for spying Section4 - Communications with foreign agents to be evidence of commission of certain offences Section5 - Wrongful communication, etc., of information Section6 - Unauthorised use of uniforms, falsification of reports, forgery, personation and false documents Section7 - Interfering with officers of the police or members of the Armed Forces of the Union Section8 - Duty of giving information as to commission of offences Section9 - Attempts, incitements, etc. Section10 - Penalty for harbouring spies Section11 - Search-warrants Section12 - Provisions of section 337 of Act 5 of 1898 to apply to offences under sections 3, 5 and 7 Section13 - Restriction on trial of offences Section14 - Exclusion of public from proceedings Section15 - Offences by companies Section16 - Repeals

Official Secrets Act, 1923 Complete Act

State: Central

Year: 1923

.....in India should be assimilated to that in force in the United Kingdom and the object of this Bill is to consolidate the provisions of the British Acts of 1911 and 1920 and to enact them in a form suitable for India. As this Bill is a purely consolidating measure, it is not necessary to deal with the clauses in detail, but it may be mentioned that it is proposed to omit provisions on the lines of Ss. 4 and 5 of the Act of 1920, as it is considered that the matters dealt with in these sections are sufficiently covered by the provisions of the Indian Telegraph Act, 1885, and the Indian Post Office Act, 1898. If this Bill is passed it will not be necessary to retain the Indian Acts, and provision is, therefore, made in clause 15 for their repeal." -Gazette of India, 1922, Part V, p. 210. Amending Act 24 of 1967:- The protection of official secrets is regulated by the Indian Official Secrets Act, 1923. Except for a few minor amendments made in 1951, the Act has remained unmodified since it was enacted more than forty years ago. In view of the changed circumstances after the attainment of independence and the wide variety of unscrupulous methods which anti-national elements have of.....

Official Secrets Act, 1923 Preamble 1

Title: Official Secrets Act, 1923

State: Central

Year: 1923

THE OFFICIAL SECRETS ACT, 1923 [Act, No. 19 of 1923]1 [2nd April, 1923] PREAMBLE An Act to consolidate and amend the law2[* * * * *] relating to official secrets. 3[* * * * *] WHEREAS it is expedient that the law relating to official secrets2[* * * * *] should be consolidated and amended; It is hereby enacted as follows:-- _____________________ 1. The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, section. 3 and Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, section. 2 and Sch. I; to Pondicherry by Reg. 7 of 1963, section. 3 and Sch. I, And to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, section. 3 and Sch. 2. The words "in the Provinces" were omitted by the A.O. 1950. 3. First two paragraphs of the Preamble were omitted by the A.O. 1950.

Official Secrets Act, 1923 Section 6

Title: Unauthorised Use of Uniforms, Falsification of Reports, Forgery, Personation and False Documents

State: Central

Year: 1923

.....fails to restore it to the person or authority by whom or for whose use it was issued, or to a police officer; or (c) without lawful authority or excuse, manufactures or sells, or has in his possession for sale, any such die, seal or stamp as aforesaid, he shall be guilty of an offence under this section. (3) A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to1[three years], or with fine, or with both. (4) The provisions of sub-section (2) of section 3 shall apply, for the purpose of proving a purpose prejudicial to the safety of the State, to any prosecution for an offence under this section relating to the naval, military or air force affairs of Government, or to any secret official code in like manner as they apply, for the purpose of proving a purpose prejudicial to the safety or interests of the State, to prosecutions for offences punishable under that section2[***]. _____________________ 1. Substituted by Act 24 of 1967, section. 6, for "two years". 2. The words "with imprisonment for a term which may extend to fourteen years" omitted by Act 24 of 1967, section. 6.

Official Secrets Act, 1923 Section 3

Title: Penalties for Spying

State: Central

Year: 1923

.....where the offence is committed in 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 air force affairs of Government or in relation to any secret official code, to fourteen years and in other cases to three years. (2) On a prosecution for an offence punishable under this section2[***] it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case or his conduct or his known character as proved, it appears 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 relating to anything 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.....

Official Secrets Act, 1923 Section 5

Title: Wrongful Communication, Etc., of Information

State: Central

Year: 1923

.....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, he shall 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 a term which may extend to three years, or with fine, or with both.] _____________________ 1. Substituted by Act 24 of 1967, section. 5, for "or which has been made or obtained in contravention of this Act". 2. Substituted by Act 24 of 1967, section. 5, for former sub-section (4) (w.e.f. 10-7-1968).

Official Secrets Act, 1923 Section 2

Title: Definitions

State: Central

Year: 1923

.....Government, any military telegraph or telephone so belonging or occupied, any wireless or signal station or office so belonging or occupied and any factory, dockyard or other place so belonging or occupied and used for the purpose of building, repairing, making or storing any munitions of war, or any sketches, plants, models or documents relating thereto, or for the purpose 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 stored under contract with, or with any person on behalf of, Government, or otherwise on behalf of Government; (c) any place belonging to or used for the purpose of Government which is for the time being declared by the Central Government, by notification in the Official Gazette, to be a prohibited place for the purposes of this Act on the ground that information with respect thereto, or damage thereto, would be useful to an enemy. and to which a copy of the notification in respect thereof has been affixed in English and in the vernacular of the locality; (d) any railway, road,.....

Official Secrets Act, 1923 Section 1

Title: Short Title, Extent and Application

State: Central

Year: 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 of India outside India.] _____________________ 1. Substituted by Act 24 of 1967, section 2, for the former section.

Official Secrets Act, 1923 Section 12

Title: Provisions of Section 337 of Act 5 of 1898 to Apply to Offences Under Sections 3, 5 and 7

State: Central

Year: 1923

1[12. Provisions of section 337 of Act 5 of 1898 to apply to offences under sections 3, 5 and 7 The provisions of section 337 of the Code of Criminal Procedure, 1898 shall apply in relation to an offence punishable under section 3 or under section 5 or under section 7 or under any of the said sections 3, 5 and 7 read with section 9, as they apply in relation to an offence punishable with imprisonment for a term which may extend to seven years.] _____________________ 1.Substituted by Act 24 of 1967, section. 10, for for the former section.

Official Secrets Act, 1923 Section 15

Title: Offences by Companies

State: Central

Year: 1923

.....and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section-- (a) "Company" means body corporate and includes a firm or other association Of individuals; and (b) "Director", in relation to a firm, means a partner in the firm]. _______________________ 1.Substituted by Act 24 of 1967, section. 12 for the former section.