Subject NOT available

click here for IIIF manifest

REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 49] NEW DELHI, MONDAY, NOVEMBER 15,1965/KARTIKA 24, 1887

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

LOK SABHA

The following Bill was introduced in Lok Sabha on the 15th November, 1965:—

BILL NO. 70 or 1965

A Bill further to amend Indian Official Secrets Act, 1923.

Be it enacted by Parliament in the Sixteenth Year of the Republic of India as follows: —

1, (1) This Act may be called the Indian Official Secrets (Amendment) Act, 1965.

short

title and

commence-

ment.

; (2) Clause (b) of section 5 shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and the remaining provisions of the Act shall come into force at once.

(1087)

19 of 1923.

1. For section 1 of the Indian Official Secrets Act, 1923 (herein-

after referred to as the principal Act), the following section shall be*" substituted, namely: —

Substitu- tion of new sec- tion for section 1.

"1. (1) This Act may be called the Official Secrets Act,

1923.

5 Short title, ex- tent and applica- tion.

(2) It extends to the whole of India and applies also to ser- vants of the Government and to citizens of India outside India,".

Amend- ment of section 2.

3. In section 2 of the principal Act, in clause (6), the words "or of the Government of the United Kingdom or of any British posses- sion" shall be omitted.

i°

4. In section 3 of the principal Act,—"

Amend- ment of •action 3.

(a) in sub-section (1), in clause (c), after the words "use- ful to an enemy", the following words shall be inserted, namely: —

"or which relates to a matter the disclosure of which Is 15

likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States";

(b) in sub-section (2), the words "with imprisonment for

a term which may extend to fourteen years", shall be omitted. 20

5. In section 5 of the principal Act,—1

Amend- ment of section 5.

(a) in sub-section (7), for the words "or which has been made or obtained in contravention of this Act,", the following shall be substituted, namely:—

"or which is likely to assist, directly or indirectly, an 25

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 thKAcV'^ , ,

³°

(57 for sub-sectibn (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 with both.". 35

6. In section 6 of the principal Act,—

Amend- ment of section 6.

(a) in sub-section (3), for the words "two years", the wordi

"three years" shall be substituted;

(b) in sub-section (4), the words "with imprisonment for

5 a term which may extend to fourteen years" shall be omitted.

7. In section 7 of the principal Act, in sub-section (2), for the

words "two years", the words "three years" shall be substituted.

Amend- ment of aecti'on 7.

8. In section 8 of the principal Act, in sub-section (2), for the

words "two years", the words "three years" shall be substituted.

Amend- ment of section 8.

Amend- ]0 9. In section 10 of the principal Act, in sub-section (3), for the words "one year", the words "three years" shall be substituted. ment of section 10.

10. For section 12 of the principal Act, the following section shall

be substituted, namely: —

"12. The provisions of section 337 of the Code of Criminal

I5 Procedure, 1898 shall apply in relation to an offence punishable under section 3 or under section 5 or under section 7 or under any of the said sections 3, 5 or 7 read with section 9, as they , apply in relation to an offence punishable with imprisonment ; which may extend to seven years.".

Substitu- tion of new sec- ion for section 12. Pro^I, ,. along of section 337 of Act 9- of 1898 to apply to offences under sections 3, 5 and 7, I

J0 11. In section 13 of the principal Act, in sub-section (3), the

proviso shall be omitted.

Amend- ment of ' section II.

be substituted, namely:—

12. For section 15 of the principal Act, the following section shall i Substitu- tion of 1 new section for section IS.

'15. (7) If the person committing an offence under this

25 Act is a company, every person who, at the time the offence ]

Offences by Com- panies.

was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished

30 accordingly:

Provided t h at nothing contained in this sub-section shall r e n d er a ny such person liable to such p u n i s h m e nt provided in this Act if he proves that t he offence w as committed w i t h o ut his knowledge or t h at he exercised all due diligence to p r e v e nt t he commission of euch offence.

(2) Notwithstanding a n y t h i ng contained in sub-section ( 7 ), w h e re an offence u n d er this Act h as b e en committed by a com- pany and it is proved that t he offence h as b e en committed w i th the consent or connivance of, or is attributable to any negligence on t he p a rt of, any director, manager, secretary or other officer IO of t he company, such director, manager, secretary or other officer shall also be deemed to be guilty of t h at offence a nd shall be liable to be proceeded against and punished accordingly.

Explanation.—For t he purposes of this section,—

(a) "company" m e a ns a body corporate and includes a firm *5 or other association of individuals; and

(b) "director", in relation to a firm, m e a ns a p a r t n er in th" firm.'.

13. In section 6 of t he Defence of India Act, 1962, sub-clause

3O of clause (7) shall be omitted.

Amend-

ment of

section 6

of Act M

at 1061

STATEMENT OF OBJECTS AND REASONS

The protection of official secrets is regulated by the Indian Offi- cial Secrets Act, 1923. Except for a few minor amendments made in 1951, the Act has remained unmodified eince it was enacted more than forty years ago. In view of the changed circumstances after the attainment of independence and the wide variety of unscrupu- lous methods which anti-national elements have of late been adopt- ing to secure their ends, it has become necessary to amend the Act suitably, to remove certain short-comings and to make it more effec- tive.

2. The following are the main features of the Bill: —

(1) It is proposed to widen the scope of sections 3 and 5 of the Act by bringing within their ambit cases of secret official codes, etc., the disclosure ol which is likely to affect the sovereignty and integrity of India, security of the State and friendly relations with foreign States.

(2) In a prosecution for an offence of spying under section 3 of the Act, it is necessary to prove that the accused acted for a purpose prejudicial to the safety or interests of the State. In certain cases of spying, however, where the offence is punishabl* with imprisonment for a term which may extend to fourteen years, it has been provided that it would not be necessary to prove that the accused was guilty of any particular act tending to show such a purpose, if from the circumstances of the case 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 under the section and it is proposed to amend th" section suitably for this purpose,

(3) In the context of problems of internal and external security which the country faces at present, it is necessary to make offences under the Act cognizable and non-bailable and to enhance the maximum penalties prescribed for certain offence*. It is, therefore, proposed to enhance the punishments for the offences suitably while ensuring, at the same time, that all offences under the Act become cognizable and non-bailable.

(4) Considerable difficulty is experienced in proving offen- cea under the Act, as very often direct evidence is not availablt unless one of the participants in the transaction 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 abet- ments of such offences.

3. The Bill seeks to achieve the above objects.

NEW DELHI;

The 29th October, 19"5. G. L. NANDA.

S. L. SHAKDHER,

Secretary.

PRTN11B IN INDIA BY THB OENKHAI. MANAGER, OOVKRNMBHT OF INDIA PRESS, MINTO ROAD NEW DELHI AND PTJBLISHIID BY THB MANAOTO OF TOBIJCAIIOHS, DIUD 196B.