1.Official Secrets Act Provisions (Secrecy Law)
What & Where
Official Secrets Act, 1923: pan-India law safeguarding sovereign, defence and intelligence information.
Covers officials, civilians or foreigners holding/handling “classified” material; breach deemed threat to national security.
Recent case: Haryana YouTuber booked under OSA §§3, 5 + BNS §152 for leaking data to Pakistani mission.
Quick Facts for MCQs
Legal & Policy
- Scope includes codes, passwords, maps, sketches, locations; interpretation intentionally wide.
- Trials can be held in camera; evidence secrecy overrides open-court norm.
- Wearing unauthorised uniforms (§6) or forging official documents also prosecutable.
Security Dimension
- OSA arms agencies to detain, search, seize swiftly during counter-espionage ops like “Sindoor”.
- Any act aiding an “enemy” suffices; intent not always requisite.
- Confidential prosecutions prevent further intelligence compromise.
Penalty Matrix
- Defence-related spying attracts rigorous imprisonment up to fourteen years; non-defence spying three years.
- Strict-liability design punishes even negligent leaks, ensuring deterrence.
- BNS §152 criminalises secessionist advocacy; exempts peaceful critique aimed at lawful reform.
Key Data Points
| Feature | Data-Point |
|---|---|
| Enactment year | 1923 |
| Colonial model | British OSA 1911 |
| Key offence sections | §3 Spying; §5 Wrongful communication |
| Max jail for defence spying | 14 years |
| Penalty under §5 | ≤ 3 years or fine or both |
| Search power | Raids & seizure without prior public disclosure |
| Attempt/abetment clause | §9 – same punishment as principal offence |
| BNS §152 punishment | Life, or ≤ 7 years + fine |
Related UPSC Prelims PYQs
With reference to India, consider the following pairs:
Which of the following statements is/are correct?





