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Official Secrets Act, 1923; and Section 152 of Bharatiya Nyaya Sanhita(BNS)

Official Secrets Act, 1923; and Section 152 of Bharatiya Nyaya Sanhita(BNS)

22-05-2025

Relevance: GS III; Internal Security;

 

Why in the News?

 

Recently, a youtuber, was arrested in May 2025 for allegedly passing sensitive information to Pakistani intelligence operatives during ‘Operation Sindoor’.

  • She has been charged under Section 3 and 5 of the Official Secrets Act and Section 152 of BNS.
     

What is the Official Secrets Act?
 

  • The Official Secrets Act of 1923 is a colonial-era legislation enacted in India to counter espionage and safeguard sensitive information related to national security.
  • Offenses include: (applies to Indian citizens, Government officials -both within and outside)
    • Spying, unauthorised sharing of confidential government information;
    • Withholding of sensitive data that threatens the National interests.
    • Wrongful communication of official secrets, codes, passwords, sketches, plans, and other classified materials.

I) Section 3 of the Official Secrets Act

  • Section 3 targets acts of espionage (activities prejudicial to the safety or interests of the state.
  • The Offences include:
    • Approaching, inspecting, or entering prohibited places (like, military bases, arsenals) for purposes harmful to the state
    • Making sketches, plans, models, or notes that could, directly or indirectly, be useful to an enemy
    • Obtaining, collecting, recording, publishing, or communicating secret official codes, passwords, or any documents or information that could be useful to an enemy, or whose disclosure could affect the sovereignty and integrity of India, the security of the state, or friendly relations with foreign states
  • Punishment under Sec 3: If the offence relates to defence establishments, arsenals, or military affairs, imprisonment can extend up to 14 years.
    • In other cases, imprisonment may extend up to 3 years.

II) Section 5 of the Official Secrets Act

  • Section 5 deals with the “wrongful communication”.
    • It also deals with handling of official secrets by individuals who possess such sensitive information due to their official position or relationship with the government.
  • Offences include:
    • Communicating secret official codes, passwords, sketches, plans, models, notes, documents, or information to unauthorised persons;
    • Using such information for the benefit of a foreign power or in any manner prejudicial to the safety of the state;
    • Retaining official documents or information without authority or contrary to duty, or failing to comply with lawful directions regarding their return or disposal;
    • Failing to take reasonable care of such materials, thereby endangering their safety.
  • Additionally, any person who knowingly receives such information, knowing it was communicated in violation of the Act, is also guilty under this section.
  • Punishment under Sec 5: Imprisonment for up to 3 years, a fine, or both.
     

What is Section 152 of the Bharatiya Nyay Sanhita?
 

  • BNS criminalizes acts that incite secession, armed rebellion, subversive activities, or separatist sentiments, including through speech, writing, electronic communication, or financial means.
  • Covers any act endangering India’s sovereignty, unity, or integrity.
  • Punishment:
    • Imprisonment for life
    • Extension up to 7 years of Imprisonment.
    • Person shall also be liable to a fine.

 

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