#THE OFFICIAL SECRETS ACT, 1923 
____________ 

##ARRANGEMENT OF SECTIONS 
____________ 

SECTIONS 

1. Short title, extent and application. 
2. Definitions. 
3. Penalties for spying. 
4. Communications  with  foreign  agents  to  be  evidence  of  commission  of  certain 
  offences. 
5. Wrongful communication, etc., of information. 
6. Unauthorised  use  of  uniforms;  falsification  of  reports,  forgery,  personation,  and 
  false documents. 
7. Interfering  with  officers  of  the  police  or  members  of  the  Armed  Forces  of  the 
  Union. 
8. Duty of giving information as to  commission of offences. 
9. Attempts, incitements, etc. 
10. Penalty for harbouring spies. 
11. Search-warrants. 
12. Provisions  of  section  337  of  Act  5  of  1898  to  apply  to  offences  under  sections  3,  5 
  and 7. 
13. Restriction of trial of offences. 
14. Exclusion of public from proceedings. 
15. Offences by companies. 
16.  [Repealed.]. 




#THE OFFICIAL SECRETS ACT, 1923 

##ACT No. 19 OF 1923
[^1]

[2nd April, 1923.] 

An Act to consolidate and amend the law relating to official secrets. 

  WHEREAS  it  is  expedient  that  the  law  relating  to  official  secrets should be consolidated  and 
amended; 

It is hereby enacted as follows:— 

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.

2. **Definitions.**—In this Act, unless there is anything repugnant in the subject or context,— 

(1) any  reference  to  a  place  belonging  to  Government  includes  a  place  occupied  by  any 
department of the Government, whether the place is or is not actually vested in Government; 

(2) expressions referring to commnicating or receiving include any communicating or receiving, 
whether  in  whole  or  in  part,  and  whether  the  sketch,  plan,  model,  article,  note,  document,  or 
information itself or the substance, effect or description thereof only be communicated or received; 
expressions  referring  to  obtaining  or  retaining  any  sketch,  plan,  model,  article,  note  or  document, 
include  the  copying  or  causing  to  be  copied  of  the  whole  or  any  part  of  any  sketch,  plan,  model, 
article, note, or document; and expressions referring to the communication of any sketch, plan, model, 
article, note or document include the transfer or transmission of the sketch, plan, model, article, note 
or document; 

(3) “document” includes part of a document; 

(4) “model” includes design, pattern and specimen; 

(5)  “munitions  of  war” includes  the  whole  or  any  part  of any  ship,  submarine, aircraft, tank  or 
similar engine, arms and ammunition, torpedo, or mine intended or adapted for use in war, and any 
other article, material, or device, whether actual or proposed, intended for such use; 

(6) “office under Government” inlcudes any office or employment is or under any department of the 
Government; 

(7) “photograph” includes an undeveloped film or plate; 

(8) “prohibited place” means— 

  (a) any  work  of  defence,  arsenal,  naval,  military  or  air  force  establishment  or  station, 
mine,  minefield,  camp,  ship  or  aircraft  belonging  to,  or  occupied  by  or  on  behalf  of, 
Government,  any  military  telegraph  or  telephone  so  belonging  or  occup ied,  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,  plans,  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  stores 
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, way or channel, or other means of communication by land or water 
(including  any  works  or  structures  being  part  thereof  or  connected  therewith)  or  any  place 
used for gas, water or electricity works or other works for purposes of a public character, or 
any place where any munitions of war or any sketches, models, plans, or documents relating 
thereto, arc being made, repaired, or stored otherwise than on behalf  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  the  destruction  of  obstruction  thereof,  or  interference  therewith, 
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; 

(9) “sketch” includes any photograph or other mode of representing any place or thing; and 

(10) “Superintendent of Police” includes any police officer of a like or superior rank, and 
any  person  upon  whom  the  powers  of  a  Superintendent  of  Police  are  for  the  purposes  of  this 
Act conferred by the Central Government. 

3. **Penalties for spying.**—(1) If  any  person  for  any  purpose  prejudicial  to  the  safety  or 
interests of the State— 

  (a) approaches,  inspects,  passes  over  or  is  in  the  vicinity  of,  or  enters,  any  prohibited 
place; or 

  (b) makes  any  sketch,  plan,  model,  or -note  which  is  calculated  to  be  or  might  be  or 
is intended to be, directly or indirectly, useful to an enemy; or 

  (c) obtains, collects, records or publishes or communicates to any other person any secret official 
code or pass word, or any sketch, plan, model, article or note or other document or information which 
is  calculated  to  be  or  might  be  or  is  intended  to  be,  directly  or  indirectly,  useful  to  an  enemy or 
which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of 
India, the security of the State or friendly relations with foreign States; 

he shall be punishable with imprisonment for a term which may extend, 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  section, 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  any  thing  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  authority, 
and 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, such sketch, plan, model, article, 
note, document, information,  code  or  pass  word  shall  be  presumed to have been made, obtained, 
collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of the 
State. 

4. **Communications with foreign agents to be evidence of commission of certain offences.**—(1) In 
any  proceedings  against  a  person  for  an  offence  under  section  3,  the  fact  that  he  has  been  in 
communication  with,  or  attempted  to  communicate  with  a  foreign  agent,  whether  within  or  without 
India, shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety or 
interests of the State, obtained-or attempted to obtain information which is calculated to be or might be, or 
is intended to be, directly or indirectly, useful to any enemy. 

(2) For  the  purpose  of  this  section,  but  without  prejudice  to  the  generality  of  the  foregoing 
provision,— 

  (a) a person may be presumed to have been in communication with a foreign agent if— 

     (i) he has, either within or without India; visited the address of a foreign agent or consorted 
or associated with a foreign agent, or 

     (ii) either  within  or  without India,  the  name  or  address  of,  or  any  other  information 
regarding,  a foreign  agent has  been  found in  his  possession, or  has  been  obtained  by  him  from 
any other person; 

  (b) the expression “foreign agent” includes any person who is or has been or in respect of whom 
it appears that there are reasonable grounds for suspecting him of being or having been employed by a 
foreign  power,  either  directly  or  indirectly,  for  the  purpose  of  committing  an  act,  either  within  or 
without India, prejudicial  to  the  safety  or  interests  of  the  State,  or  who  has  or  is  reasonably 
suspected of having, either within or without India, committed, Or attempted to commit, such an 
act in the interests of a foreign power; 

  (c) any address, whether within or without India, in respect of which it appears that there are 
reasonable  grounds  for  suspecting  it  of  being  an  address  used  for  the  receipt  of  communications 
intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for 
the purpose of giving or receiving communications, or at which he carries on any business, may be 
presumed to be the address of a foreign agent, and communications addressed to such an address to 
be communications with a foreign agent. 

5. **Wrongful communication, etc., of information.**—(1) If any person having in his possession 
or control any secret official code or pass word or any sketch, plan, model, article, note, document or 
information which relates to or is used in a prohibited place or relates to anything in such a place, or 
which is likely to assist, directly or indirectly, an enemy or which relates to a matter the disclosure of 
which  is  likely  to  affect  the  sovereignty  and  integrity  of  India,  the  security  of  the  State  or  friendly 
relations  with  foreign  States  or  which  has  been  made  or  obtained  in  contravention  of  this  Act, or 
which has been entrusted in confidence to him by any person holding office under Government, or which 
he has obtained or to which he has had access owing to his position as a person who holds or has held 
office  under  Government,  or  as  a  person  who  holds  or  has  held  a  contract  made,  on  behalf  of 
Government, or as a person who is or has been employed under a person who holds or has held 
such an office or contract— 

  (a) wilfully communicates the code or pass word, sketch, plan, model, article, note, document or 
information to any person other than a person to whom he is authorised to communicate it or a Court 
of Justice or a person to whom it is, in the interests of the State his duty to communicate it; or 

  (b) uses  the  information  in  his  possession  for  the  benefit  of  any  foreign  power  or  in  any  other 
manner prejudicial to the safety of the State; or 

  (c) retains  the  sketch,  plan,  model,  article,  note  or  document  in  his  possession  or  control 
when he has no right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to 
comply  with  all  directions  issued  by  lawful  authority  with  regard  to  the  return  or  disposal 
thereof; or 

  (d) fails  to take  reasonable  care of,  or so  conducts  himself  as to  endanger  the safety  of, 
the  sketch,  plan,  model,  article,  note,  document,  secret  official  code  or  pass  word  or 
information; 

he shall be guilty of an offence under this section. 

(2) If any person voluntarily receives any secret official code or pass word or any sketch, plan, model, 
article, note, document or information knowing or having reasonable ground to believe, at the time when 
he  receives  it,  that  the  code,  pass  word,  sketch,  plan,  model,  article,  note,  document  or  information  is 
communicated in contravention of this Act, he shall be guilty of an offence under this 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. 

(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.

6. **Unauthorised  use  of uniforms, falsification  of reports, forgery,  personation,   and false 
documents.**—(1)  If  any  person  for  the  purpose  of  gaining  admission  or  of  assisting  any  other 
person to gain admission to a prohibited place or for any other purpose prejudicial to the safety of 
the State— 

  (a) uses or wears, without lawful authority, any naval, military, air force, police or other official 
uniform,  or  any  uniform  so  nearly,  resembling  the  same  as  to  be  calculated  to  deceive,  or  falsely 
represents himself to be a person who is or has been entitled to use or wear any such uniform; or 

  (b) orally, or in writing in any declaration or application, or in any document signed by him or on 
his behalf, knowingly makes or connives at the making of any false statement or any omission; or 

  (c) forges, alters, or tampers with any passport or any naval, military, air force, police, or official 
pass, permit, certificate, licence, or other document of a similar character (hereinafter in this section 
referred  to  as  an  official  document)  or  knowingly  uses  or  has.  in  his  possession  any  such  forged, 
altered, or irregular official document; or 

  (d) personates, or falsely represents himself to be, a person holding, or in the employment of a 
person  -holding,  office  under  Government,  or  to  be  or  not  to  be  a  person  to  whom  an  official 
document or secret official code or pass word has been duly issued or communicated, or with intent to 
obtain  an  official  document,  secret  official  code  or  pass  word,  whether  for  himself  or  any  other 
person, knowingly makes any false statement; or 

  (e) uses, or has in his possession or under his control, without the authority of the department of 
the Government or the authority concerned, any die, seal or stamp of or belonging to, or used, made 
or provided by, any department of the Government, or by any diplomatic, naval, military, or air force 
authority  appointed  by  or  acting  under  the  authority  of  Government,  or  any  die,  seal  or  stamp  so 
nearly resembling any such die, seal or stamp as to be calculated to deceive, or counterfeits any such 
die,  seal  or  stamp,  or  knowingly  uses,  or  has  in  his  possession  or  under  his  control,  any  such 
counterfeited die, seal or stamp; 

he shall be guilty of an offence under this section. 

(2) If any person for any purpose prejudicial to the safety of the State— 

  (a) retains  any  official  document,  whether  or  not  completed  or  issued  for  use,  when  he  has  no 
right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to comply with any 
directions issued by any department of the Government or any person authorised by such department 
with regard to the return or disposal thereof; or 

  (b) allows any other person to have possession of any official document issued for his use alone, 
or  communicates  any  secret  official  code  or  pass  word  so  issued,  or,  without  lawful  authority  or 
excuse, has in his possession any official document or secret official code or pass word issued for the 
use  of  some  person  other  than  himself,  or,  on  obtaining  possession  of  any  official  document  by 
findink or otherwise, wilfully 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 to 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 section. 

7. **Interfering  with  officers  of the  police  or  members  of the  Armed  Forces  of 
Union.**—(1)  No  person  in  the  vicinity  of  any  prohibited  place  shall  obstruct,  knowingly  mislead  or 
otherwise  interfere  with  or  impede,  any  police  officer,  or  any  member  of the Armed Forces  of  the 
Union engaged on guard, Sentry, patrol, or other similar duty in relation to the prohibited place. 

(2) If any person acts in contravention of the provisions of this section, he shall be punishable with 
imprisonment which may extend to three years, or with fine, or with both. 

8. **Duty of giving information as to commission of offences.**—(1)  It  shall  be  the  duty  of  every 
person  to  give  on  demand  to  a  Superintendent  of  Police,  or  other  police  officer  not  below  the  rank  of 
Inspector,  empowered  by  an  Inspector-General  or  Commissioner  of  Police  in  this  behalf,  or  to  any 
member of the Armed Forces of the Union engaged on guard, sentry, patrol or other similar duty, any 
information in his power relating to an offence or suspected offence under section 3 or under section 3 
read  with  section  9  and,  if  so  required,  and  upon  tender  of  his  reasonable  expenses,  to  attend  at  such 
reasonable time and place as may be specified for the purpose of furnishing such information. 

(2) If any person fails to give any such information or to attend as aforesaid, he shall be punishable 
with imprisonment which may extend to three years, or with fine, or with both. 

9. **Attempts, incitements, etc.**—Any person who attempts to commit or abets the commission of an 
offence  under  this  Act  shall  be  punishable  with  the  same  punishment,  and  be  liable  to  be  proceeded 
against in the same manner as if he had committed such offence. 

10. **Penalty for harbouring spies.**—(1)  If  any  person  knowingly  harbours  any  person  whom  he 
knows  or  has  reasonable  grounds  for  supposing  to  be  a  person  who  is  about  to  commit  or  who  has 
committed an offence under section 3 or under section 3 read with section 9 or knowingly permits to meet 
or assemble in any premises in his occupation or under his control any such persons, he shall be guilty of 
an offence under this section. 

(2) It  shall  be  the  duty  of  every  person  having  harboured  any  such  person  as  aforesaid,  or 
permitted  to  meet  or  assemble  in  any  premises  in  his  occupation  or  under  his  control 
any such persons as aforesaid, to give on demand to a Superintendent of Police or other police officer 
not below the rank of Inspector empowered by an Inspector -General or Commissioner of Police 
in this behalf, any information in his power relating to any such person  or persons, and if any 
person fails to give any such information, 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 to three years, or with fine, or with both. 

11. **Search-warrants.**—(1)  If  a  Presidency Magistrate, Magistrate of the first class  of  Sub -
divisional  Magistrate  is  satisfied  by  information  on  oath  that  there  is  reasonable  ground  for 
suspecting that an offence under this Act has been or is about to be committed, he may grant a 
search-warrant  authorising  any  police  officer  named  therein,  not  being  below  the  rank  of  an 
officer  in  charge  of  a  police  station,  to  enter  at  any  time  any  premises  or  place  named  in  the 
warrant,  if  necessary,  by  force,  and  to  search  the  premises  or  place  and  every  person  found 
therein,  and  to  seize  any  sketch,  plan,  model,  article,  note  or  document,  or  anything  of  a  like 
nature, or anything which is evidence of an offence under this Act having been or being about to 
be committed  which he may  find  on the 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 ra nk 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 order under 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. 

12. **Provisions of section 337 of Act 5 of 1898 to apply to offences under sections 3, 5 and 7.**—
The  provisions  of  section  337  of  the  Code  of  Criminal  Procedure,  18983 shall  apply  in  relation  to  an 
offence  punishable  under  section  3  or  under  section  5  or  under  section 7  or  under  any  of  the 
said sections 3, 5 and 7 read with section 9, as they apply in relation to an offence punishable 
with imprisonment for a term which may extend to seven years.

13. **Restriction on trial of offences.**—(1) No Court (other than that of a Magistrate of the 
first  class  specially  empowered  in  this  behalf  by  the appropriate Government which is 
inferior to that of a District or Presidency Magistrate shall try any offence under this Act. 

(2) If  any  person  under  trial  before  a  Magistrate  for  an  offence  under  this  Act  at  any  time 
before  a  charge  is  framed  claims  to  be  tried  by  the  Court  of  Session,  the  Magistrate  shall,  if  he 
does not discharge the accused, commit the case for trial by that Court, notwithstan ding that it is 
not a case exclusively triable by that Court. 

(3) No Court shall take cognizance of any offence under this Act unless upon complaint made 
by  order  of,  or  under  authority  from, the appropriate Government or some officer 
empowered by the appropriate Government in this behalf. 

(4)  For  the  purposes  of  the  trial  of  a  person  for  an  offence  under  this  Act,  the  offence 
may  be  deemed  to  have  been committed either at the place in which the same actually was 
committed or at any place in India in which the offender may be found. 

(5) In this section, the “appropriate Government” means— 

  (a) in  relation to  any  offences  under section  5  not connected  with  a  prohibited  place  or  with a 
foreign power, the State Government; and 

  (b) in relation to any other offence, the Central Government.

14. **Exclusion of public from proceedings.**—In  addition  and  without  prejudice  to  any 
powers which a Court may possess to order the exclusion of the public from any proceedings if, 
in the course of proceedings before a Court against any person for an offence under this Act or 
the proceedings on appeal, or in the course of the trial of a person under this Act, application is 
made  by  the  prosecution,  on  the  ground  that  the  publication  of  any  evidenc e  to  be  given  or  of 
any statement to be made in the course of the proceedings would be prejudicial to the safety of 
the State, that all or any portion of the public shall be excluded during any part of the hearing, 
the  Court  may  make  an  order  to  that  effect,  but  the  passing  of  sentence  shall  in  any  case  take 
place in public. 

15. **Offences by companies.**—(1)  If  the  person  committing  an  offence  under  this  Act  is  a 
company,  every  person  who,  at  the  time  the  offence  was  committed,  was  in  charge  of,  and  was 
responsible to, the company for the conduct of business of the company, as well as the company, 
shall  be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and 
punished accordingly: 

  Provided  that  nothing  contained  in  this  sub -section  shall  render  any  such  person  liable  to 
such punishment provided in this Act if he proves that the offence was committed without his 
knowledge or that he exercied all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1),  where an offence under this Act 
has been committed by a company and it is proved that the offence has been committed with the 
consent  or  connivance  of,  or  is  attributable  to  any  negligence  on  the  part  of,  any  director, 
manager,  secretary  or  other  officer  of  the  company,  such  director,  manager,  secretary  or  other 
officer  shall  also  be  deemed  to  be  guilty  of  that  offence  and  shall  be  liable  to  be  proceeded 
against and punished accordingly. 

*Explanation.*—For the purposes of this section,— 

  (a) “company” means a body corporate and includes a firm or other association of individual; and 

  (b) “director”, in relation to a firm, means a partner in the firm.

16. *[Repeals.] Rep. by the Repealing Act,* 1927 (12 of 1927), *s. 2 and Sch.*