Section 5 Official Secrets Act, 1923

 

Section 5 Official Secrets Act, 1923: 

Wrongful communication, etc., of information.—

(1) If any person having in his possession or control any secret official code or pass word or any sketch, plan, model, article, note, document or information which relates to or is used in a prohibited place or relates to anything in such a place, 14 [or which is likely to assist, directly or indirectly, an enemy or which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States or which has been made or obtained in contravention of this Act,] or which has been entrusted in confidence to him by any person holding office under 15 [Government], or which he has obtained or to which he has had access owing to his position as a person who holds or has held office under 15 [Government], or as a person who holds or has held a contract made on behalf of 15 [Government], or as a person who is or has been, employed under a person who holds or has held such an office or contract—

(a) wilfully communicates the code or password, sketch, plan, model, article, note, document or information to any person other than a person to whom he is authorised to communicate it, or a court of Justice or a person to whom it is, in the interest of the State, his duty to communicate it; or

(b) uses the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the safety of the State; or

(c) retains the sketch, plan, model, article, note or document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof; or

(d) fails to take reasonable care of, or so conducts himself as to endanger the safety of the sketch, plan, model, article, note, document, secret official code or password or information, he shall be guilty of an offence under this section.

(2) If any person voluntarily receives any secret official code or pass word or any sketch, plan, model, article, note, document or information knowing or having reasonable ground to believe, at the time when he receives it, that the code, password, sketch, plan, model, article, note, document or information is communicated in contravention of this Act, he shall be guilty of an offence under this section.

(3) If any person having in his possession or control any sketch, plan, model, article, note, document or information, which relates to munitions of war, communicates it, directly or indirectly, to any foreign power or in any other manner prejudicial to the safety or interests of the State, he shall be guilty of an offence under this section.

16 [(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 with both.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 5 Official Secrets Act, 1923:

The State vs Hiralal G. Kothari And Others on 30 November, 1959

The State vs Hiralal Girdharilal Kothari, on 30 November, 1959

The State vs Captain Jagjit Singh on 14 September, 1961

Superintendent & Remembrancer Of  vs Satyen Bhowmick And Ors on 15 January, 1981

State Through Cbi vs Dr. Narayan Waman Nerukar And Anr on 26 August, 2002

Shri Dinesh Trivedi, M.P. & Ors vs Union Of India & Ors on 20 March, 1997

Gurcharan Singh & Ors vs State (Delhi Administration) on 6 December, 1977

State vs Jaspal Singh Gill on 25 June, 1984

State Of Maharashtra vs Captain Buddhikota Subha Rao on 29 September, 1989

Union Of India And Ors vs Shri B. Dev on 14 August, 1998

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