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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 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.

Customs Act, 1962 Section 103

Title: Powers to Screen or X-ray Bodies of Suspected Persons for Detecting Secreted Goods

State: Central

Year: 1962

.....that in the case of a female no such action shall be taken except on the advice and under the supervision of a female registered medical practitioner. (7) Where any person is brought before a magistrate under this section, such magistrate may for the purpose of enforcing the provisions of this section order such person to be kept in such custody and for such period as he may direct. (8) Nothing in this section shall apply to any person referred to in sub-section (1), who admits that goods liable to confiscation are secreted inside his body, and who voluntarily submits himself for suitable action being taken for bring out such goods. Explanation : For the purposes of this section, the expression "registered medical practitioner" means any person who holds a qualification granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916), or notified under section 3 of that Act, or by an authority specified in any of the Schedules to the Indian Medical Council Act, 1956 (102 of 1956).

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).

Government of India Act, 1858 [Repealed] Section 28

Title: As to Communication of Secret Despatches from India

State: Central

Year: 1858

Any Despatches to Great Britain which might if this Act had not been passed have been addressed to the Secret Committee of the Court of Directors, may be marked, 'Secret' by the Authorities sending the same and such Despatches shall not be communicated to the Members of the Council, unless the Secretary of State shall so think fit and direct.

Commissions of Inquiry Act, 1952 Section 6A

Title: Persons Not Obliged to Disclose Secret Process of Manufacture of Goods in Certain Cases

State: Central

Year: 1952

[6A. Persons not obliged to disclose secret process of manufacture of goods in certain cases1 Except in cases where a Commission is expressly required to inquire into the process of manufacture of any goods, nothing in this Act shall be deemed to compel any person giving evidence before the Commission to disclose any secret process of manufacture thereof.] ______________________ 1. Inserted by Act 79 of 1971, section 9.

Government of India Act, 1858 [Repealed] Section 27

Title: Orders Now Sent Through Secret Committee May Be Sent by Secretary of State with out Communication with the Council

State: Central

Year: 1858

Provided also, that any Order, not being an Order for which a Majority of Votes at a Meeting is hereby made necessary, which might, if this Act had not been passed, have been sent by the Commissions for the Affairs of India through the Secret Committee of the Court of Directors to Governments or Presidencies in India, or to the Officers or Servants of the said Company, may, after the Commencement of this Act, be sent to such Governments or Presidencies, or to any Officer or Servant in India, by the Secretary of State, without having been submitted to a Meeting or deposited for the Perusal of the Members of the Council, and without the Reasons being recorded or Notice thereof- given as aforesaid.