Official Secrets Act: India’s Law Against Leaks, Spying & Classified Info

The Official Secrets Act (OSA) is a law made in India with a view to protecting national security by preventing the leakage of sensitive information of the government. It applies to the citizens, foreigners, and even government employees.

Key Points

• Intended to stop spying, espionage, and unauthorised sharing of information that may be detrimental to the security, sovereignty, or relationship of India with foreign nations.
• What is covered under OSA:
  • Military maps, plans, or codes.
  • Defence installations and operations.
  • Intelligence reports.
  • Classified government document marked "secret" or "confidential".

Offences under the Act:

• Espionage in favour of the enemy states.
• Sharing of classified material or publishing any material without the clearance.
• Unauthorised handling, copying, or recording of protected information.

Punishments:

• Up to 14 years for grave cases of espionage.
• Monetary fines or lesser imprisonment for lesser offences.

Applicability: Applicable to all people on Indian soil and to Indian citizens anywhere in the world; criticised for being vague and too wide.

Can be misused for the purpose of curbing press freedom or whistleblowing.

Another disadvantage is the absence of a clear definition of “classified”, which leaves scope for interpretation.

In short:

OSA is the foremost anti-espionage legislation of India. Enacted for much-needed protection of national security, it must be exercised with caution so as not to adversely infringe on freedoms of speech and transparency in India.

FAQs – Official Secrets Act, 1923

1. What is the OSA?

To protect Indian security by preventing spying and unauthorised sharing of sensitive government information.

2. When was it enacted?

The law was passed in 1923 during British rule and is in effect with some amendments.

3. Who does this apply to?

Everyone – citizens, foreigners, and all government employees in India and outside India.

4. What kind of information does it cover?

Military plans, maps and codes, defence installations, intelligence reports, and any classified government documents.

5. What constitutes an offence under the OSA?

Spying for another country, leaking classified files, and withholding protected information from response.

6. Could a journalist be punished under this act?

Yes, any journalist could be punished for intentional publication of classified material that infringes on India's security.

7. What is the punishment for contravening this law?

14 years in imprisonment, together with fines that vary with the degree of the offence.

8. Is possession of secret documents a crime?

Yes, even mere possession of classified documents without permission is punishable.

9. What if I accidentally disclosed information?

The Act does not draw a clear line between intentional or accidental leaks; both forms can potentially result in penalisation.

10. Is the law susceptible to misuse?

Critics answer in the affirmative since the term "secret" lacks clarity and could be interpreted to include non-harmful content.

11. Is the act applicable to social media posts?

Yes, sharing any classified information online is an offence.

12. Will the whistleblowers be protected by OSA?

Not completely, as India's Whistleblower Protection Act does not supersede OSA.

13. How is "classified" determined?

The government decides what document is marked as "Secret", "Top Secret", or "Confidential".

14. Can foreigners be prosecuted under OSA?

Yes, foreigners could be charged for offences committed within India or in defiance of India's interests.

15. Why is the OSA criticised?

It is often misused to curtail press freedom and publicity in the name of security.