Official Secrets Act, 1923

Background and evolution

The British government in India passed the Indian Official Secrets Act of 1889 and amended it in 1904 under Lord Curzon to cover civil matters and newspaper reporting. The Official Secrets Act of 1923 consolidated these laws, closely following the British Acts of 1911 and 1920. It was retained after Independence and continues to apply to all government servants and citizens.

The Act's broad language, especially in Section 5, which can apply to any secret official information, has long been criticised as incompatible with democratic transparency. The Right to Information Act, 2005 changed the balance by providing that RTI overrides the Official Secrets Act where public interest in disclosure outweighs harm to protected interests (Section 8(2)).

Key features and provisions

• Spying (Section 3): approaching, inspecting or entering a prohibited place, making sketches or notes, or obtaining or communicating secret codes, documents or information useful to an enemy, for any purpose prejudicial to the safety or interests of the State.
• Penalties: up to 14 years' imprisonment if the offence relates to defence works, arsenals, naval, military or air force establishments, or military affairs, or secret official codes; up to three years otherwise.
• Wrongful communication (Section 5): communicating, receiving or retaining secret official information without authorisation, or failing to take reasonable care of it.
• Prohibited places: defence installations, factories, communication facilities and other places notified by the government.
• Presumptions: communication with a foreign agent may be presumed as evidence of spying.
• Press: journalists who publish secret information may be prosecuted.