The Official Secrets Act (OSA), 1923, is India’s primary anti-espionage law, originally enacted during the British colonial era and retained post-independence. Its main purpose is to safeguard national security by prohibiting the unauthorized possession, sharing, or disclosure of sensitive government information, especially if such actions could aid an enemy state or threaten the integrity and sovereignty of India.
Key Features and Provisions:
-
Scope and Coverage: The Act applies to government officials, employees, and even ordinary citizens. It covers a wide range of information—official codes, passwords, sketches, plans, models, documents, or any information deemed “secret” by the government. However, the Act does not clearly define what constitutes a “secret,” leaving room for broad interpretation.
-
Prohibited Actions: It is illegal to approach, inspect, or even pass over restricted government sites without authorization. Communicating any classified information or aiding an enemy state in any form—directly or indirectly—is strictly prohibited.
-
Penalties: Offenses under the OSA are punishable by imprisonment ranging from three years to life, depending on the severity and intent. Even unintentional breaches can result in prosecution if they endanger state security.
-
Journalists and Media: Journalists can be compelled to reveal their sources if required for an investigation. The Act allows authorities to exclude the public and media from court proceedings involving sensitive information.
-
Search and Investigation: Authorities can obtain search warrants at any time if there is evidence suggesting a threat to national security.
-
Criticism and Controversy: The Act is often criticized for its potential misuse against journalists, whistleblowers, and citizens seeking transparency. It is seen as conflicting with the Right to Information (RTI) Act and the democratic principle of freedom of speech, as it allows the government to withhold information under the guise of national security.
The OSA remains a powerful tool for the Indian government to protect state secrets, but its broad and sometimes vague provisions have sparked ongoing debates about the balance between national security and democratic transparency.
Sources: Wikipedia, BYJU’S, Testbook, iPleaders
