 ~/  bid no , -ef 19'5  tbbnm~ oeeclal sbcrms{amindmenf) bill" 'i9~ brlj,futther to amend the indicln o;dkt4& 8eanlta a_, ins sa it enacted ·byparllament in the sixteenth· year of the republ1e ¢incfia as tonows: - l  (1) 'thill act may be called the intji,an offteial secreta short (amendment) ~ct, 1165~ title and commence-s(z)clauee  (b) of secticm 5 ~ comeinto fo~e oj)~cb date mente :as the central government may, by notiflcat1,,l) in the o1bci~ gazette, appoint and the remaining provisions ot the act shall come inte-'ferc!e atgdoe lubtitu-i 'or netton 1 of the indian ofbcial secreta act, 19231 (here!d-tiad of after ~t~ to as the principal act), the followibg section shall be ~~,-~tu~ nam~:"---__________________________ __ tiodfor iectlod 1 "i (1) thja act may be called the oftlcial secreta act, 1923 5 aon title, extedt and appucatiod (2) it mends to the whole of india and appliea also to iel'-vanta of the government and to citizens of india outside indil" i in iection 2 of the principal act, in clause (6), the words "or of the government of the united kingdom or of any british posse&-lion" ahall be omitted 10 ,  '- in aectioil 3 of the principal act,'-:' am8lldmental hctiqdi (4) in'sub-aection (1), in clause (e) after the words "useful to an enemy" the following words shall be inse~ed, namely:-"or which relates to a matter the disclosure of which 11 is llkely to affect the sovereignty and integrity of ~dia, the security of the state or friendly relations with foreign states"; (b)' in iub-iection (2), ~e words "with 'imprisonment for' a term whlchdiay extend to fourteen years" shall be omitted 20 1 in section' 5 of' the prillcipal ~ct,~ amendment of aection is (4) in sub-sedion (1), for the words "or which has been made or obtained in contravention of this ad,", the following shall be substituted, namely:-"or which is likely to assist, directly or indirectly, an 2s enemy or which relates to a matter the disclosure of which is llkely to aftect the sovereignty and integrity of india, the security of the state or friendly relations with loreign states or which has been made or obtained in contravention of this act,"; 30 (b) for sub-section (4), the following sub-section shall be substituted, namely:-"(4) a person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to three years, or with fine, or rwith both" 35 ' in ,ection , of the principal aci,-amend-ideiltof (4) in sub-aedion (3}-,-for-the-words-~tw0-1eara!!rthe wordl _~qq'l­"three years" shall be substituted: (b) in sub-section (4), the words "with imprisonment for a term which may extend to fourteen years" shall be omitted 7 in section 7 of the principal act, in lub-section (2), for the amend  words "two years",-the words "three years" shall be' iubstituted :::::: t 8 in section 8 of the principal act, in iulhection (2), tor the amen4  :  -~:­words "two years", the words "three years" shall be substituted meat of  ' lectlon i ~  lo i in section 10 of the principal act, in mb-seetion (3), for the amend  w9rds "one year" the words "three years" shall be iubltituted ment of secuoq~o, 10 for section 12 of the principal ac1, the following ~tiod ihall subltl~   be substituted, namely:-tlonof aewaea ti~fqr  ~1' - "12 the provisione of section 337 of the code of criminal ~~ ' procedure, 1898 shall apply in relatiod to an offence punishable dom ~ ) wider seetion 3 or under section it or under section , or under :eu~:a' any of theaid aectfodl 3, 5, 01' , read with secttea i,  they at 1_ to apply in relation to u1 offence pudllhable with ~t ~ tea wbicm jq8y gtenc:j to "" 1""" at cdaaii udd8r mctladii io1lcl 't 20 11 in retion 13 of the principal act, in iub  ectioll (3), the amedd  proviso shall be omitted ment of aectlodli - - 1%: ),or section 15 of the principal act, the following retiod sha1l amendbe substituted, namely:-ment of mctlonll "15 (1) if the person committing an offence under this offedcell act is a company, every person who, at the time the offence- by e'omwas committed w8's in charge of, and was responsible to, the paules company for the conduct of business of the company, u well u the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded agatnat and punished accordingly: 30 provided that nothiq contained ia ~ inb4eotioil man render any such person liable to such punishment provided in ____ -~ ~ act if· he provea that the offence wu oommttted without hli knowledge or that he exercised abdwr cfiuience to preveat the commission of such offence 5  ,(2) n'o:tw£ihstanahi, ,~y~' c~tamed m ~~on (1), w~~rean' offence under jllii act lias been' commttted by a company and it 11 proved that the offence has been committed with the ecmsent dt cdmiimde ~f,' &r bi'iftrflttitlme ta 'ny bf!jigenc8 8tt'·ttte· pwtf;'t1f, iii, ~, hwliret-, ~iity 'tit otlier' ~ 10 of the company,' such director, manager, secretary or other omcer &rum i1lb be delimlfd' td' w guilty df thaf o1nb:ee aa\:t ii1all -  lje'1'mne ro; g~ ;ro~ qilliit ed' putltsli~1 aectft'cwlgly ezp14mtion-for the purposee of this lectton,-ttl)· "edmi\any mma - bd8~ ~nrte' aini' ib~ - 8nd 15 or other association of individuals; and ftij ~,·lit retlsdtjil: fo: t'1md, mi8jll il' pwrtdir, fti th~ 1lrm" 13 in section s of the defence of india act 1_ sukllu" (c) of elluae (1) ebau be omitted aq ,  statement of objects and reasons, '1'be protection of omcial secrets is regulated by the 'indian om ~al  secrets act, 1923 except for a few minor amendments made id 1951, the act has remained unmodified since it was enacted more than forty years ago in view of the changed circumstances after the 'att~inment of, independenee ud the wide variety of unaerupu lous methods which anti-national elements have of late been'·adopt ing to secure their ends, it hq b~:l!'p_necessary to amend the act sqjtably to ~iqove ~ertain short-cominp and to make it more dec  ",,~,  'the following are the main features of tle'bfu:- (1) it is proposed to widen the !cope of eetiolll 8 and 6 of the act by bringing within their ambit cases of secret oftlcial eodes, etc, the disclosure of which is likely to, affect the sovereignty and integrity of india, security of the state ",4 friendly relations with foreign states (2) in a prosecution for an offence of spying under tectiod s of the act, :it is necessary to prov& that the accused acted for - purpose prejudicial to the safety or interests of the state in certaincaees of spying, however, where the offence 18 pllntabable with wpriaonment for a termwhieh may extend to fourtea' years, it has been provided that it would not be neeeuary to prove ~t the accused was guuty of any particular act tendinj to show such a p~ose, if from the circumstances of the cue or the conduct of the accused or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the state it is considered that this special rule of evidence should be made applicable to all offences of spying punishable u~der the section andit is proposed to amend the  ~n suitably for this purpose (3) in the context of problems of internal and external ecurity which the country faces at present, it i necesl8l')' to plake offences under the act cognizable and non-bailable and to ~njiance the, maximum penalties prescribed for certain offences jt is, therefore, proposed to enhance the punishments for the offences buitably while ensuring, at the same time, that all oiff!jjcel qdcler thct aet ,become cognizable and ttoq-bal1abl, (4) considerable diftlcult1 is e~rienced in proving offences under the act, as very often direch evidence is not a~able qdlell one or-the particlpants-m-the-transaetion comes forward to give such evidence accordingly, it is proposed to make the provisions of section 337 of the code of criminal procedure, 1898  (tender of ·pardon to accomplice) applicable to offences under sections 3, 5 and 7 of the act as also to attempts and abetments of such oftences 3 ·the bill leeks to achieve the above object new delhi; the 29th october 1985 g l nanda l (1) this act may be called the indjan oftlcial secreta act, ihortuu  id23  btedt ad  (2) it extends to the whole of india and appuea also to ielvidta ~~ of the government and to cltizens of india outside india i in thii act, unless there is anything repugnant in the ipbjeet deedltiom:' , or context,-- - - - - - (8') "01bce under government" includes any ofbce or employment in or under any department of the government or of the government of the united kingdom or of any british polaesaion; - •• - - - - ~ (1) if any person for any purpose prejudicial to the l8fety penaltlel orinteresta of the statefcj1' ipjini - - - - - - (c) obtainl, collects, records or publishes or communicates to any other person any secret ofbcial 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; 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 itation mine, minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or au' force affairs of government, or in relation to any secret ofbcial code, to fourteen years and tn other cases to three yean (2) on a prosecution for an offence punishable under this section with imprisonment for a term which may extend to fourteen ye81'l, it shall not be necessary to show that the accused ·person was guilty of any particular act tending to show a purpose prejudi~ialj to the ,_ -_-7  iaiety or interests of the state, and, notwtthstanc:ung ,that no iiuch act u proved against him, he may be convicted if, from the circumstadces of the cue or his conduct or his known character as proved, it appear -----tthat-jus"urp08e wu a purpose prejudicial"to the safety or int~1ti of the state; ud if any sketch, plan, model, article, note, document or information relating to or used ,ill imy pi'ohibited place, or relating to anything in luch a place, or any secret ofbcial code or pass word 11 uaade, obtained, coll_ted, reeol'ded, publiahed or eommunicated by _ any person other than a person ac~ing under lawful authority, and  mill the circlpdnncesof the case· or his conduct or his known character as proved it appeam that his purpose was a pj11'pole prejucucial to t;he stdetyor interests 'of the state such sketch, plan, model, article,  note, dooument or information shan be presumed"to' have been made, obtained, collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of the state   '   wrodjful  u) 'if any penon having id his poasession or control any secret gomm~-oflltial code or ~ word fit any sketeh, plan, model, article, note, :t~~ doeumedt or 'information which relates to or is ubed in a prohibited timl place or relates to anything in such a place or which ~ been made or obtained in contravention of this act, or which hal been entrusted in confidence to him by any person holding otilce under govenunedt or which he has obtained or to which he has had  , access owing to his position 88 a person who holds or has held oftlce under government, or as a person who holds or hal held a contract made on behalf of government, or as a person! who is or has been employed under a person who holds or has he!d such an office or co$act--- - - - - - (4) a person guilty of an o1fence under thii section shall be punishable with imprisonment for a' term which may extend to two yem,  or with fine, or with poth ,,  (1) - - - - - •• unauthoriaed use of unltorma; falaiftcattrnl of reports, forcery, personation, and false documents (3) a person guilty of an offence under this section shall! be punilhable with'imprisonment for a term which may extend to two years, or with !de, or with both - (4) tile provisions of sub-section (2) of section 3 shall appply, for the purpose of-proving a purpose prejudicial to the safety of the state, to any prosecution for an offence under this section relating to the naval, military or air force affairs of government, or to any aecret oblc!al code in like manner as they apply, for the purpose of proving a purpose pre?udicial to the wet)' or interests of the state to p1'olecutiodl for offences puniahable wider that section with imprlaoddlat for a term whiclj may extend to fourteen yean 7 (1) - - - - - - interterina with omcera (2) h any person acta in contravention of the provisi0d8 of of the this section, he shall be punilbable with bnprionment which may police or extend to two years, or with fine, or with both ulemberl of the armed foi'cei of the __ _ union 8 (1) - - - - - - duty of givint informa-(2) if any person fails to give any such information or to attend tion as to as aforesaid, he ihall be punishable with imprisonment which maycollljlu-extend to two year a, or with fine, or with both  ,ion of offences  - - - - - - 10 (1) - - - - - - penalty for harbourina (3) a person guilty of an offence under this section shall be spies punishable with imprisonment for a term which may extend to one year, or with fine, or with both  - - - - - - 12 notwithstanding anything in the code of criminal procedure, :power to 5 of 1898 1898,-arrest (0) an oftence puniahable under section 3 or under section 3 read with section 9 with imprisonment for a term which may extend to fourteen years shall be a cognizable and non-bailable offence; (b) an offence under clause (0) of sub-section (1) of section 6 aha1l be a cognizable and bailable offence; and (c) every other oftence under this act shall be a non-cognlzable and bailable offence, in respect of which a warrant of arrest shall ordinarily issue in the brst instance  13 (1) - - - - - - :ijeltric-  tion on (3) no court shall take cognizance of any offence under this trial of act unless upon complaint made by ardel' of, or under authority otfeucel from, the appropriate government, or some ofbcer empowered by the appropriate government-dr- this behalf:-: -:---------___ _ provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such penon may be remanded in custody or on bail, notwithstanding that such complai~t has not been made, but no:fu~her or other proceedings shall be taken until such complaint has been made - - - - - - offences 15 where the person guilty of an offence under this act is a by company or corporation, every director and ofllcer of the company companies, or corporation with whose knowledge and consent the offen:e will etc committed shall be guilty of the like offence  extract prom the den:ncb of india act, 1962(51 or 1962) - - - - - - • during the continuance in force of this act,-temp~­rary amendments to acts (1) the indian ofticial secrets act, 1923 shall have effect 10 of lna as if-- - - - - • - (c) after clause (4) of section 12 thereof, the followin, clause had been inserted, namely:-(aa) an offence under section 5' shall be copizable and non-bailable offence;"; - - - - - - a bill further to amend the indian official secrets act, 1923 (shri gularilal ntliula, minister of home ajlairs) 