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

This is a British-era law made to protect the security and secrecy of the Indian government, especially in matters related to defence, espionage, and national security.

Key Points:

• It is mainly used to prevent spying and leaking of sensitive government information.
• Sharing, handling, or publishing classified documents without permission is a crime.
• Applies to government employees, journalists, and citizens alike.
• If someone helps or communicates with an enemy country or spies on India, they can be punished.
• Punishment includes up to 14 years of imprisonment.
• No one can take photos or make maps of prohibited places like military areas or defence sites without permission.
• Journalists can be prosecuted for publishing “secret” government documents, even in public interest.
• The law is sometimes criticized for being vague and misused to suppress press freedom or whistleblowers.

Official Secrets Act, 1923 – FAQs

1. What is the Official Secrets Act?

It’s a law that punishes people for spying, leaking, or handling government secrets without permission.

2. Why was this law made?

It was introduced by the British in 1923 to protect sensitive information, especially during wars or foreign threats.

3. Is the law still active today?

Yes, it is still in force in India, even after independence.

4. Who can be punished under this law?

Any person—including government employees, journalists, or citizens—who leaks or shares secret government information.

5. What is considered a “secret” under this Act?

Information related to national security, defence, foreign affairs, or government documents marked as confidential.

6. Can journalists be punished under this law?

Yes, if they publish classified information, even in public interest.

7. What is the punishment under this Act?

Punishment can be up to 14 years of imprisonment, depending on the seriousness of the offence.

8. Can I take photos of military areas?

No. It is illegal to photograph, sketch, or map restricted or defence areas without permission.

9. Is it illegal to leak cabinet papers?

Yes. Sharing any confidential government decision or paper is punishable under this Act.

10. What if someone shares secret info by mistake?

Even accidental leaks can be punished if they harm national interest.

11. Can a whistleblower be punished under this law?

Yes, if the disclosure involves classified information—even if it's to expose wrongdoing.

12. Does this Act apply to digital or online data?

Yes. Leaking secret info through emails, chats, or online platforms is also a punishable offence.

13. Does this law apply during peacetime too?

Yes, it applies at all times—not just during war or conflict.

14. Can the police arrest someone without a warrant under this law?

Yes. In serious cases involving national security, arrests can be made without a warrant.

15. Can the Right to Information (RTI) override this Act?

No. If information is classified as secret, it cannot be shared under RTI.

16. Is leaking defence deals or internal memos a crime?

Yes, these are considered secret and sharing them without approval is punishable.

17. What are “prohibited places”?

Places related to defence, military, or national security that cannot be accessed or filmed without permission.

18. Can a government officer share information with the media?

Only if they are authorized. Otherwise, it’s a violation.

19. Has anyone been charged under this law recently?

Yes. In the past, journalists and former officials have been charged for leaks or publications involving defence.

20. Is there any plan to replace or change this law?

Yes. It has been criticized as outdated, and the government has discussed revising or replacing it with a modern national security law.