OFFICIAL SECRETS ACT, 1923
1.
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 on trial of offences
14. Exclusion of public from proceedings
15. Offences by companies
16. [Omitted by the Repealing Act, 1927, w.e.f. 8-9-1927]
Official Secrets Act, 1923
[19 OF 1923]
An Act to consolidate and amend the law 1[***] relating to official secrets.
2[***]
WHEREAS it is expedient that the law relating to official secrets 1[***] should be consolidated and amended;
It is hereby enacted as follows:—
3[Short title, extent and application.
1. (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.]
Definitions.
2. 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 communicating 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
1.Words “in the Provinces” omitted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950.
2. Paragraphs 1 and 2 omitted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950. Prior to their omission, paragraphs 1 and 2 read as under:
“Whereas the law in British India relating to official secrets is at present contained in two Acts of the Governor General in Council, namely, the Indian Official Secrets Act, 1889, and the Indian Official Secrets (Amendment) Act, 1904, and one Statute of Parliament, namely, the Official Secrets Act, 1911; and
Whereas the Official Secrets Act, 1911, has been amended by the Official Secrets Act, 1920, which Statute applies to the United Kingdom and to certain British possessions, but not to British India; and”
3.Substituted by the Indian Official Secrets (Amendment) Act, 1967, w.e.f. 15-8-1967.
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 adopted for use in war, and any other article, material or device, whether actual or proposed, intended for such use;
(6) “office under Government” includes any office or employment in or under any department of the Government 4[***];
(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 occupied, 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 stored 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, are being made, repaired, or stored otherwise than on behalf of Government, which is for the
4. Words “or of the Government of the United Kingdom or of any British possession” omitted by the Indian Official Secrets (Amendment) Act, 1967, w.e.f. 15-8-1967.
OFFICIAL SECRETS ACT, 1923 S. 2
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
(9A) 5[***]
(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.
COMMENTS
SECTION NOTES
2.1 Interpretation of specific expressions [Section 2(2)]
Meaning of “Communicating or Receiving”
Expressions referring to “communicating or receiving” include any act of communicating or receiving.
Such communicating or receiving is included: Whether it is performed in whole or in part, or Whether the item communicated or received is the sketch, plan, model, article, note, document, or information itself.
The act is also covered if only the substance, effect, or description of the sketch, plan, model, article, note, document, or information is communicated or received.
Meaning of “Obtaining or Retaining” specific items
Expressions referring to “obtaining or retaining” a sketch, plan, model, article, note, or document include the act of copying the whole or any part of that item.
These expressions also include the act of causing the whole or any part of a sketch, plan, model, article, note, or document to be copied.
Meaning of “Communication” of specific items
Expressions referring to the “communication” of any sketch, plan, model, article, note, or document include:
The transfer of that item, and
The transmission of the sketch, plan, model, article, note, or document.
5. Omitted by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951. Prior to omission, clause (9A) as inserted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950, read as under: “(9A) ‘States’ means all the territorial for the time being comprised within Part A States and Part C States.”
2.2 Definition of “Munitions of War” [Section 2(5)]
The definition of “munitions of war” is an inclusive list of specified items.
The term includes the whole or any part of:
Any ship, submarine, aircraft, tank, or similar engine, Any arms and ammunition, Any torpedo or mine
That is intended or adopted for use in war.
General Included Items
The term also includes any other article, material, or device intended for use in war.
This inclusion applies whether the specified article, material, or device is actual or proposed.
2.3 Definition of “Prohibited Place” [Section 2(8)]
2.3-1 Government-owned or occupied places
A “prohibited place” includes any location or item that belongs to, or is occupied by or on behalf of, the Government.
The prohibited place includes any: Work of defence,
Arsenal, naval establishment or station, military establishment or station, or air force establishment or station, Mine or minefield, Camp, ship, or aircraft, Military telegraph or telephone belonging to or occupied by the Government, and Wireless or signal station or office belonging to or occupied by the Government.
Specific industrial and storage locations
The prohibited place includes any factory, dockyard, or other place so belonging or occupied.
These places are included if used for the purpose of: Building, Repairing, Making, Storing, any munitions of war, or any sketches, plans, models, or documents relating thereto.
Getting any metals, oil, or minerals of use in time of war.
2.3-2 Places with Government contracts
A “prohibited place” includes any place that does not belong to the Government. The place must involve any munitions of war or any sketches, models, plans, or documents relating thereto.
These items must be being made, repaired, gotten, or stored at the place. These activities must be conducted:
OFFICIAL SECRETS ACT 1923 –BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN’S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JULY 2025
EDITION : 2025 EDITION
ISBN NO : 9789371264686
NO. OF PAGES : 40
BINDING TYPE : PAPERBACK
DESCRIPTION
Official Secrets Act 1923 [ Bare Act with Section Notes ] by Taxmann is an authoritative reference for India’s law on official secrets, espionage, and classified information. This Edition presents the fully amended statutory text alongside practical section notes, judicial commentary, and recent case law, making it essential for legal reference, compliance, and academic research.
This book is intended for the following audience:
• Legal Practitioners & Judges
• Government Officials & Law Enforcement
• Academics, Researchers & Law Students
• Corporate Legal Departments & Companies
• Investigative Agencies
The Present Publication is the 2025 Edition, covering the amended and updated text of the Official Secrets Act [ Act No. 19 of 1923 ], with the following noteworthy features:
• [Updated Statutory Text] Complete, amended text of the Official Secrets Act 1923, with changes up to 2025
• [Pre-amendment Footnotes] Includes earlier provisions for historical context and comparison
• [Section Notes] Concise notes clarify legislative intent and practical applica tion
• [Judicial Commentary] Summaries of key judgments and precedents
• [Quick Reference Index] At-a-glance access to definitions, offences, and procedures
• [Compliance Insights] Guidance on investigation, prosecution, and trial processes
• [User-friendly Layout] Designed for easy navigation and reference.
• [Current Trends] Reflects recent judicial developments and the interplay with the RTI Act
• [Safeguards] Commentary on preventing misuse or overreach under the Act.