Official Secrets Act, 1923
Kartavya Desk Staff
Source: BT
Context: Haryana-based YouTuber Jyoti Rani was arrested, for allegedly leaking sensitive information to a Pakistani High Commission official during Operation Sindoor, under the Official Secrets Act, 1923, and Section 152 of the BNSS.
About the Official Secrets Act, 1923 (OSA):
• Came into force: 1923 (British colonial era), modeled on the British OSA 1911.
• Objective: To protect the sovereignty, defence, and intelligence infrastructure of India from espionage and unauthorized disclosures.
• Key Features:
• Scope: Applies to government officials, civilians, foreign nationals, or any individual in possession of classified information. Secrecy Scope: Covers official codes, passwords, maps, documents, military locations, sketches, plans, and any sensitive government information. Wide Interpretation: Any action that may prejudice national safety or aid an enemy is considered an offence.
• Scope: Applies to government officials, civilians, foreign nationals, or any individual in possession of classified information.
• Secrecy Scope: Covers official codes, passwords, maps, documents, military locations, sketches, plans, and any sensitive government information.
• Wide Interpretation: Any action that may prejudice national safety or aid an enemy is considered an offence.
• Prohibited Acts under the Act:
• Spying (Section 3): Unauthorized collection, communication, or publication of secret data useful to enemies. Wrongful Communication (Section 5): Even unintentional or careless handling leading to disclosure is punishable. Other Acts: Wearing unauthorized uniforms (Section 6) Forgery of official documents Attempting or abetting any OSA offence (Section 9)
• Spying (Section 3): Unauthorized collection, communication, or publication of secret data useful to enemies.
• Wrongful Communication (Section 5): Even unintentional or careless handling leading to disclosure is punishable.
• Other Acts: Wearing unauthorized uniforms (Section 6) Forgery of official documents Attempting or abetting any OSA offence (Section 9)
• Wearing unauthorized uniforms (Section 6)
• Forgery of official documents
• Attempting or abetting any OSA offence (Section 9)
• Powers of Authorities:
• Search and Seizure: Officers have powers to raid premises and seize documents suspected of violating the Act. No Need for Public Disclosure: Prosecutions under OSA can be kept confidential for national interest.
• Search and Seizure: Officers have powers to raid premises and seize documents suspected of violating the Act.
• No Need for Public Disclosure: Prosecutions under OSA can be kept confidential for national interest.
• Penalty Provisions:
• Section 3 (Spying): Up to 14 years imprisonment for offences related to defence/armed forces. Up to 3 years in other cases. Section 5 (Wrongful Communication): Up to 3 years, or fine, or both. Section 9: Covers attempt, abetment, or incitement—treated as same offence.
• Section 3 (Spying): Up to 14 years imprisonment for offences related to defence/armed forces. Up to 3 years in other cases.
• Up to 14 years imprisonment for offences related to defence/armed forces.
• Up to 3 years in other cases.
• Section 5 (Wrongful Communication): Up to 3 years, or fine, or both.
• Section 9: Covers attempt, abetment, or incitement—treated as same offence.
• Additional Charge under Bharatiya Nyaya Sanhita (BNS): Section 152 – Act Endangering Sovereignty, Unity and Integrity
• Section 152 – Act Endangering Sovereignty, Unity and Integrity
• Offence: Promoting secession, rebellion, or separatist activities through speech, media, or financial means. Punishment: Life imprisonment, or up to 7 years and fine. Exemption: Peaceful criticism of government actions for lawful reform is not punishable.
• Offence: Promoting secession, rebellion, or separatist activities through speech, media, or financial means. Punishment: Life imprisonment, or up to 7 years and fine. Exemption: Peaceful criticism of government actions for lawful reform is not punishable.
• Offence: Promoting secession, rebellion, or separatist activities through speech, media, or financial means.
• Punishment: Life imprisonment, or up to 7 years and fine.
• Exemption: Peaceful criticism of government actions for lawful reform is not punishable.