Official Secrets Act, 1923

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.

• 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)

• 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.

• 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.

• Additional Charge under Bharatiya Nyaya Sanhita (BNS):
  • 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.