The Official Secrets Act, 1923
Bare Act
(1) If any person for any purpose prejudicial to the safety or interests of the State -
- approaches, inspects, passes over or is in the vicinity of, or enters, any prohibited place; or
- makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy; or
- obtains, collects, records or publishes or communicates to any other person any secret official code or pass word, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy or which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States; he shall be punishable with imprisonment for a term which may extend, where the offence is committed in relation to any work of defence, arsenal, naval, military or air force establishment or station, mine, minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Government or in relation to any secret official code, to fourteen years and in other cases to three years.
(2) On a prosecution for an offence punishable under this section, it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case or his conduct or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the State; and if any sketch, plan, model, article, note, document, or information relating to or used in any prohibited place, or relating to any thing in such a place, or any secret official code or pass word is made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, and from the circumstances of the case or his conduct or his known character as proved it appears that his purpose was a purpose prejudicial to the safety or interests of the State, such sketch, plan, model, article, note, document, information, code or pass word shall be presumed to have been made, obtained, collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of the State.
Simplified Act
Part 1: If someone does any of the following with the intent to harm the security or interests of the country, they can be punished:
- Goes to, looks over, or enters a place that's off-limits;
- Creates any drawings, plans, or notes that could help an enemy;
- Takes or shares any secret codes, drawings, plans, or any information that could help an enemy or harm India's sovereignty, security, or international relations. The punishment for these actions can be up to 14 years in prison if it involves military or government defense areas, or up to 3 years for other cases.
Part 2: When someone is on trial for these offenses, it's not necessary to prove they did a specific act that shows they intended to harm the country's security or interests. They can still be found guilty based on the situation, their behavior, or their known character. If they have made or shared any drawings, plans, or secret information without proper authority, and it seems like they intended to harm the country's security or interests, the law will assume that was their purpose.
