Official Secrets Act, 1923
The Official Secrets Act (OSA), 1923, is the primary legislation governing the protection of classified information in India. Section 3 criminalises the communication of any information that could be "prejudicial to the safety or interests of the State," applying to both serving and retired officials. Section 5 makes it an offence to receive or share such information. The Act does not distinguish between intentional espionage and the publication of memoirs -- any disclosure of classified operational details by retired military personnel could theoretically attract prosecution under the OSA.
- OSA, 1923: Colonial-era law, amended in 1967; still in force
- Section 3: Spying and communication of information prejudicial to state safety (up to 14 years imprisonment)
- Section 5: Wrongful communication and receipt of information (up to 3 years)
- Applies to retired officials -- obligations survive retirement
- No clear definition of what constitutes "classified" information -- classification system is administrative, not statutory
- Law Commission (2nd ARC Report) has recommended modernising the OSA to align with democratic transparency norms
● Tracked since February 13, 2026 · last seen March 23, 2026 · updates as the daily brief publishes
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