State Official Secrets Act, 1977 (1920 A. D.)
No: 43 Dated: Mar, 16 1977
THE STATE OFFICIAL SECRETS ACT, SAMVAT 1977 (1920 A. D.)
(Act No. XLIII of Svt. 1977)
An Act to prevent the disclosure of official documents and information.
Whereas it is expedient to prevent the disclosure of official documents and information;
It is hereby enacted as follows :-
1. Title and extent. - (1) This Act may be called the State Official Secrets Act, 1977.
(2) It extends to the whole of the State. It shall come into force on the 1st day of Baisakh, 1978.
2. Definitions. - In this Act unless there is something repugnant in the subject or context :-
(1) expression referring to communications includes any communication, whether in whole or in part, and whether the document, or information itself or the substance on effect thereof only be communicated;
(2) "document" includes part of a document;
(3) "civil affairs" means affairs-
[(a) affecting the relations of the Government with the Government of India or the Government of any Stale within Indian Union]; or
(b) relating to fiscal arrangements or other important matters of the State to whatever department they may pertain where the affairs are of such confidential nature that the public interest would suffer by their disclosure.
3. Penalty for wrongful communication etc. of information. - (1)(a) Where a person for the purpose of wrongfully obtaining information enters or is in any part of the premises of any office of the Stale and either obtains or attempts to obtain any document or copy thereof or knowledge of any military or civil affairs of [the Government] which he is not entitled to obtain;
(b) where a person knowingly having possession of or control over any document or knowledge as has been obtained or taken by means of any act which constitutes an offence against this Act at any time wilfully and without lawful authority communicates or attempts to communicate the same to any person to whom the same ought not in the public interest to be communicated at that time; or
(c) where a person after having been entrusted in confidence with any document or information relating to the military or civil affairs of the State wilfully and in breach of such confidence communicates the same, when in the public interest it ought not to be communicated; or
(d) where a person by means of his holding or having held an office under the State has law fully or unlawfully either obtained possessing of or control, over any document or acquired any information and at any time corruptly or contrary to his official duty communicates or attempts to communicate that document or information to any person to whom the same ought not in the public interest to be communicated at that time;
he shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
(2) Where a person commits any act specified in clause (a) of sub-section (1) without lawful authority or permission (the proof of which authority or permission shall be upon him) the Court may presume that he has committed such act for the purpose of wrongfully obtaining information.
4. Section 3(1)(d) applicable to certain persons. - Clause (d) of section 3(1) shall also apply to a person holding a contract with any department of the State or with the holder of any office under [the Government] as such holder where such contract involves an obligation of secrecy and to any person employed by any person or body of persons holding such a contract who is under a like obligation of secrecy as if the person holding the contract and the person so employed were respectively holders of an office under [the Government].
5. Offences under this Act committed in relation for military affairs should be cognizable; others non-cognizable. - (1) Notwithstanding anything in the Code of Criminal Procedure, every offence against this Act committed in relation to military affairs of the State shall, for the purposes of the said Act, be deemed to be cognizable:
Provided that a person accused of any such offence shall not be released on bail unless on the order of a Magistrate of the first class.
(2) Every other offence against this Act shall be non-cognizable.