for 2nd mid term examination

1. CENTRAL UNIVERSITY OF ODISHA,
KORAPUT
TOPIC- THE OFFICIAL SECRETS ACT, 1923
GUIDED BY:-
DR. SOURAV GUPTA
SUBMITTED BY:-
NAME- MANAMOHAN SAMAL
REGISTRATION NO- 19/03/DJMC/03
SEMESTER- 2ND

2. CONTENTS
1. Definitions (section 2)
2. INTRODUCTION
3. Evolution
4. The Indian OSA, 1889
5. The Indian OSA, 1904
6. Provisions of Indian OSA, 1923
7. Conflict with RTI
8. Recent cases
9. Conclusion

3. DEFINATIONS
• DOCUMENT- includes part of a document
• MODEL- includes design, pattern and specimen.
• MUNITIONS OF WAR- includes the whole or any
part of any ship submarine, aircraft, tank or
similar engine, arms and ammunitions.
• SKETCH- includes any photograph or other mode
of representing any place or thing.
• PROHIBITED PLACE- any work of Defense, govt.
declares the place as prohibited, any railway, road
way, place used for Gas, water or electricity work.

4. INTRODUCTION
• The Official Secrets Act was first enacted in 1923
and was retained after independence. The law,
applicable to government servants and citizens,
provides the framework for dealing with
espionage, sedition, and other potential threats
to the integrity of the nation. The law spying,
sharing ‘secret’ information, unauthorized use of
uniforms, withholding information, interference
with the armed forces in prohibited/restricted
areas, among others, punishable offences. If
guilty, a person may get up to 14 years’
imprisonment, a fine, or both.

5. EVOLUTION/HISTORY
• British colonial era-
• Predecessor laws(The Indian official secret act
of 1904) was enacted during the period of
viceroy Lord Curzon (1899-1905).Partition of
Bengal held by him but implemented by Lord
Minto II.
• In 1904 the official secret act of 1889 or act
XIV was amended.

6. The Indian official secret act 1889
• On June 1888 the pioneer newspaper reported that the
official secrets bill had been introduced in the British
Parliament.
• In Sept 1889 the OSA was passed in Britain.
• The Indian OSA (act XIV) of 1889 was passed by the Viceroy’s
Executive Council on 17 October 1889.
• There was no discussion. The Viceroy, Lord Lansdowne, gave
his assent on the same date.
• This is all about to prevent unauthorized entry and making of
sketches of military and Naval stations.

7. The official secret act 1904
• In 1896 two persons – one a globetrotter and the other a local
photographer- were arrested for taking photographs in
Bombay harbour. It was found that the 1889 Act could not be
used against them since wrongful intent could not be proved.
The Army authorities urged a change in the law, making it
more stringent and shifting the burden of proof on the
accused. Lord Curzon did not approve, and the matter was
dropped.
• In 1901 the Army again pressed for a change in the law
• In 1904 The Indian official secret act, 1904 received the
Assent of the Governor General on March 1904.

8. FACTS
• There were a large number of powerful news
papers were emerged in India in several local
newspapers .
• This newspapers on one hand opposed the British
policies or criticized the policies of British govt.
and also built a political consciousness among the
people, leading to nationalism.
• These were the two reasons, The British wanted
to suppress the newspapers, that were getting
powerful and emerging in many local languages
across India during the period.

9. IMPORTANT PROVISIONS UNDER THE ACT,1923
• It is the replacement of the 1904 Act.
• Spying against the state is an offence under
this Act
• Any activity that is prejudicial to the interest
of the state
• Carrying sketch of any government building,
vital installations, plan, model, note, drawing,
diagram with the internet of doing harm

10. • Communication with Foreign agents/ Agencies
and putting national interest at stake
• Wrongful communication or Wrong
information
• Impersonation by using uniforms of
Authorized personnel is prohibited
Example- Police, Defense establishments, etc.

11. RTI
• Passed in parliament on 15th June 2005 and
came into force on 12th Oct 2005.
• What is RTI – under RTI, it mandate timely
response the citizen request for govt.
information
• Various public authorities under the central
govt. and the state govt. are covered under
the RTI. And also RTI imposes penalties any
willful defaults of govt. offices.

12. Objective of RTI
• Empower the citizen and this empower is
possible because RTI is a fundamental
right(article19).
• In order to promote Transparency,
accountability, check corruption and also to
check democracy at work of the people.

13. CONFLICT BETWEEN RTI AND OSA
• OSA need not disclose under RTI.
• Scope of the OSA got wider
• Under sec 5 – both the person who is
communicating the information and the
person who is receiving the information shall
be punish by the prosecuting agency.

14. Recent cases
• Diplomat Madhuri Gupta –
she served as the Indian High Commissioner in
Islamabad and sentenced to 3 years of Jail. And the
offence committed by her is that she had passed
certain sensitive information's to Pakistan's ISI.
• Kashmir Times Journalist – Istikar Guilani
Arrested in June 2002 and the allegation was that
he posted secret documents of the troops of the
Kashmir valley. And the case was latter withdrawn.

15. • Journalist Poonam Agarwal- (2017)
charged under conducting a sting operation on
an Army official. And this was also considered as
the violation of Official Secret Act.

16. CONCLUSION
• A long discussion clarified us about the
provisions of OSA,1923 and its impact in our
contemporary situation. Our fundamental
right is challenging OSA in various ways. The
process what started by British to suppress
the press is still continuing in our independent
nation. As a citizen of an independent nation
we have the right to express our views, but
our views are suppressed by Indian Official
Act, 1923.