Official Secrets Act, 1923
India's Anti-Espionage Law
The Official Secrets Act (OSA), 1923 is India's primary legislation governing espionage and the protection of classified government information. Inherited from the British colonial period, it criminalises communicating sensitive information to foreign powers and approaching prohibited government areas.
- Section 3: Espionage provisions — prohibits approaching, inspecting, or passing over a "prohibited place" (e.g., defence establishments), or communicating information useful to an enemy. Punishment: up to 14 years imprisonment.
- Section 5: Wrongful communication or receipt of official documents/information — punishment up to 3 years imprisonment.
- "Prohibited place" includes arsenals, naval, military or air force establishments, factories making war material, and telegraph/wireless stations under government use.
- Key characteristic: Intent is not required for conviction under Section 3 — even unintentional acts can be prosecuted if they endanger state security.
- OSA 1923 was adapted from the British Official Secrets Act, 1911. There have been demands to replace it with a more modern law balancing national security and the right to information.
- The Second Administrative Reforms Commission (2006) recommended repealing OSA and replacing it with a chapter on official secrets in the National Security Act.
● Tracked since February 13, 2026 · last seen March 23, 2026 · updates as the daily brief publishes
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