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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.....

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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,.....

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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).

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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.....

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Official Secrets Act, 1923 Section 11

Title: Search-warrants

State: Central

Year: 1923

.....premises or place or any such person, and with regard to or in connection with which he has reasonable ground for suspecting that an offence under this Act has been or is about to be committed. (2) Where it appears to a police officer, not being below the rank of Superintendent, that the case is one of great emergency, and that in the interests of the State immediate action is necessary, he may by a written or derunder his hand give to any police officer the like authority as may be given by the warrant of a Magistrate under this section. (3) Where action has been taken by a police officer under sub-section (2) he shall, as soon as may be, report such action, in a presidency town to the Chief Presidency Magistrate, and outside such town to the District or Sub-divisional Magistrate.

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