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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 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

.....(10 and 11 Geo. V. C. 75), but the latter Statute does not apply to British India. It has, for some time past, been recognised that it is unsatisfactory to have two separate laws in force simultaneously in India. Further, although the British Act of 1911 is in force in India difficulties arise in applying it because of the use in it of English common law terms and so on. For these reasons it is desirable that there should be a single consolidated Act applicable to Indian conditions and the desirability of this has been emphasized by the passing of the British Act of 1920 which has considerably amended the Act of 1911, but is not applicable to India. The provisions of the British Act of 1911are more effective, particularly in the matter of the protection of military secrets than the Indian enactments, and they have been further strengthened by the enactment of the amending statute of 1920, which is based on experience gained during the War. It is considered desirable; therefore, that the law 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.....

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 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 Trustees Act, 1913 Part III

Title: Rights, Powers, Duties and Liabilities of Official Trustee

State: Central

Year: 1913

.....Trustee1[***] shall be required to verify otherwise than by his signature any petition presented by him under the provisions of this Act, and if the facts stated in any such petition are not within2[his personal knowledge] , the petition may be verified and subscribed by any person competent to make the verification. _________________________ 1. "or Deputy official Trustee" omitted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964. 2. Substituted for "the official trustee's personal knowledge" by the Official Trustees (Amendment), Act, 1964, w.e.f 25-12-1964. Section 14 - Entry Official Trustee not to constitute notice of a trust The entry of the Official Trustee by that name in the books of a company shall not constitute notice of a trust; and a company shall not be entitled to object to enter the name of the Official Trustee on its register by reason only that the Official Trustee is a corporation; and, in dealing with property, the fact that the person dealt with is the Official Trustee shall not of itself constitute notice of a trust.{ For s 14A, ins.for the former Province of Bengal, see the Official Trustees (Bengal Amendment) Act, 1941 (Ben.1 of.....

Official Trustees Act, 1913 Part II

Title: The Office of Official Trustee

State: Central

Year: 1913

.....privileges and be subject to the same liabilities as the Official Trustee. 2["(2) No person shall be appointed as a Deputy unless he has been for at least three years- (a) an advocate; or (b) an attorney of a High Court; or (c) a member of the judicial service of a State.". ] ________________________ 1. Section 5 renumbered as sub-section (1) thereof by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964. 2. Inserted by the Official Trustees (Amendment), Act, 1964, w.e.f. 25-12-1964. Section 6 - Official Trustee to be corporation sole, to have perpetual succession and official seal, and to sue and be sued in his corporate name The Official Trustee shall be a corporation sole by the name of the Official Trustee of the { Subs by the A O; 1950 for " Division " which had been subs.by the A.O.1937 for "Presidency}[ State] for which he is appointed and, as such Official Trustee shall, have perpetual succession and an official seal, and may sue and be sued in his corporate name.