UNIT-IV

SPECIAL LEGISLATIONS
Whistle Blowers Protection Act, 2011
(No. 17 of 2014)
Whistle Blowers Protection Act, 2011 (No. 17 of 2014)
Recently, President Pranab Mukherjee gave assent to the Whistleblowers Protection Bill,
2011, which was passed by the Rajya Sabha in February. Here are some of its salient
features.
1. Object and Purpose of the Act
It is an Act to establish a mechanism to receive complaints relating to disclosure on any
allegation of corruption or wilful misuse of power or wilful misuse of discretion against
any public servant and to inquire or cause an inquiry into such disclosure and to provide
adequate safeguards against victimisation of the person making such complaint and for
matters connected therewith and incidental thereto.
2. “Disclosure” means a complaint relating to:
Attempt to commit or commission of an offence under the Prevention of Corruption Act.
Wilful misuse of power or wilful misuse of discretion by virtue of which demonstrable loss
is caused to the Government or demonstrable wrongful gain accrues to the public servant or
to any third party.
Attempt to commit or commission of a criminal offence by a public servant.
3. The Identity of the Complainant must be included in the Complaint or the Disclosure.
4. The Competent Authority shall conceal the identity of the complainant unless the
complainant himself has revealed his identity to any other office or authority while making
public interest disclosure or in his complaint or otherwise.
Whistle Blowers Protection Act, 2011 (No. 17 of 2014)
5. However, the Competent Authority may, with the prior written consent of the
complainant, reveal the identity of the complainant to such office or
organization where it becomes necessary to do so. If the complainant does not
agree to his name being revealed, in that case, the complainant shall provide all
documentary evidence in support of is complaint to the Competent Authority.
6. After receipt of the report or comments relating to the complaint, if the
Competent Authority is of the opinion that such comments or report reveals
either wilful misuse of power or wilful misuse of discretion or substantiates
allegations of corruption, it shall recommend to the public authority to take
appropriate corrective measures such as initiating proceedings against the
concerned public servant or other administrative and corrective steps. However,
in case the public authority does not agree with the recommendation of the
Competent Authority, it shall record the reasons for such disagreement.
7. The Competent Authority cannot entertain any disclosure relating to any
inquiry ordered under the Public Servants (Inquiries) Act, 1850 and
Commissions of Inquiry Act, 1952.
Whistle Blowers Protection Act, 2011 (No. 17 of 2014)
8. The Time Limit for making any complaint or disclosure to the Competent Authority is
seven years from the date on which the action complained against is alleged to have
taken place.
9. While dealing with any such inquiry, the Competent Authority shall have all the powers
of a Civil Court under the Code of Civil Procedure, 1908 in respect of matters like
receiving evidence, issuing commissions, discovery and production of any document
etc. Also, every proceeding before the Competent Authority shall be deemed to be a
judicial proceeding under the Code of Criminal Procedure, 1973 and Indian Penal Code.
10. No obligation to maintain secrecy or other restrictions upon the disclosure of
information shall be claimed be claimed by any Public Servant in the proceedings before
the Competent Authority. However, all steps must be taken so as not to reveal or
compromise the identity of the complainant.
11. But, no person is required to furnish any information in the inquiry under this act if
such information is likely to prejudicially affect the interest of the sovereignty and
integrity of India, foreign relations, public order, decency or morality, proceedings of the
Cabinet of the Union or the state.
12. It shall be the responsibility of the Central Government to ensure that no person who
has made a disclosure is victimised on the ground that such person had made a
disclosure under this act.
Whistle Blowers Protection Act, 2011 (No. 17 of 2014)
13. If any person is victimised or likely to be victimised on the above-mentioned
ground, he may contact the Competent Authority and the Competent Authority
may pass appropriate directions in this respect. The Competent Authority can even
restore status quo ante with respect to the Public Servant who has made a
disclosure. Also, the Competent Authority can pass directions to protect such
complainant.
14. However, the Competent Authority can reveal the identity of the complainant in
circumstances where it becomes inevitable or extremely necessary for the purposes
of the enquiry.
15. Any person who negligently or mala fidely reveals the identity of the
complainant shall be punished with imprisonment up to three years and fine not
exceeding fifty thousand rupees.
16. Similarly any disclosure made mala fidely and knowingly that it was false or
misleading shall be punished with imprisonment up to two years and fine not
exceeding thirty thousand rupees.
17. If an offence under this act has been committed by any Head of the Department
unless he proves that the offence was committed without his knowledge or that he
exercised all due diligence in this respect.
Whistle Blowers Protection Act, 2011 (No. 17 of 2014)
18. This Act extends to all the Companies as well. When any offence
under this act has been committed by a company, every person who
at the time of the offence was responsible for the conduct of the
business of the company shall be deemed to be guilty of the offence
unless he proves that the offence was committed without his
knowledge or that he exercised all due diligence in this respect.
19. The High Court shall be the appellate authority in this respect.
20. The Jurisdiction of the Civil Court is barred in respect of any
matter which the Competent Authority is empowered to pursue.
21. No court can take cognizance of any offence under this act save on
a complaint made by the Competent Authority. No court inferior to
that of a Chief Metropolitan Magistrate or a Chief Judicial
Magistrate shall try any offence under this act.
22. The Central Government and the State Government shall have the
power to make the rules under this act, as the case may be.
THE COMMISSION OF INQUIRY ACT, 1952
THE COMMISSION OF INQUIRY ACT, 1952
Before the enactment of Commissions of Inquiry, Act, 1952, the government ordered
public inquiry either by executive notice under the Public Service Inquiries Act, 1850 or by
making add hoc legislation. To meet the ever-growing need for ever-increasing demand for
public inquiries by independent and impartial authority the procedure adopted by the
government was found to be cumbersome and inadequate. Hence the need was felt that a
suitable legislation be brought out on the subject, resulting in the introduction of the
Commissions of Inquiry Bill, 1952 in the Parliament. The commissions of Inquiry Bill,
1952 was passed by both the Houses of Parliament and after being assented by the
President of India it became the Commissions of Inquiry Act, 1952 (60 of 1952)
Object: An act to provide for the appointment of Commissions of Inquiry and for vesting
such Commissions with certain powers.
Extension: It extends to the whole of India, Provided that it shall apply to the State of
Jammu and Kashmir only in so far as it relates to inquiries pertaining to matters relatable to
any of the entries enumerated in List I or List III in the Seventh Schedule to the
Constitution as applicable to that State.
“Appropriate Government” means – (i) The Central Government, in relation to a
Commission appointed by it to make an inquiry into any matter relatable to any of the
entries enumerated in List 1 or List III in the Seventh Schedule to the Constitution , and
state government in relations to commission appointed under list II and List III
THE COMMISSION OF INQUIRY ACT, 1952
 Appointment of Commission: The appropriate Government may, if
it is of opinion that it is necessary so to do, and shall, if resolution in
this behalf is passed by each House of Parliament or, as the case may
be, the Legislature of the State, by notification in the Official
Gazette, appoint a Commission of Inquiry for the purpose of making
an inquiry into any definite matter of public importance and
performing such functions and with such time as may be specified in
the notification, and the Commission so appointed shall make the
inquiry and perform the functions accordingly.
 Composition: The Commission may consist of one or more
members appointed by the appropriate Government, and where the
Commission consists of more than one members, one of them may
be appointed as the Chairman thereof. The appropriate Government
may, at any stage of an inquiry by the Commission fill any vacancy
which may have arisen in the office of a member of the Commission.
THE COMMISSION OF INQUIRY ACT, 1952
Powers of Commission: The Commission shall have the powers of a civil court, while trying a suit under
the Code of Civil Procedure, 1908 in respect of the following matters, namely –
1. Summoning and enforcing the attendance of any person from any part of India and examining him on
oath.
2. Requiring the discovery and production of any document.
3. Receiving evidence on affidavits
4. Requisitioning any public record or copy thereof form any court or office
5. Issuing commissions for the examination of witnesses or documents
6. Any other matter which may be prescribed
Additional powers of Commission:
7. The Commission shall have power to require any person, to furnish information on such points or matters
as, in the opinion of the Commission, may be useful for, or relevant to, the subject-matter of the inquiry.
8. the Commission may enter any building or place where the Commission has reason to believe that any
books of account or other documents relating to the subject-matter of the inquiry may be found, and may
seize any books of account or documents or take extracts or copies there from.
9. The Commission shall be deemed to be a civil court. Any proceeding before the Commission shall be
deemed to be a judicial proceeding.
10. The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise
the service of any officer or investigation agency of the Central Government or any State Government.
11. The Commission may, for the purpose of conducting any inquiry, appoint persons having special
knowledge of any matter connected with the inquiry as assessors, to assist and advise the Commission in
the inquiry.
THE COMMISSION OF INQUIRY ACT, 1952
Commission to cease to exist: If in the opinion of the Government the
Commission had collected sufficient necessary material for an effective
and expeditious examination by an expert officer for making necessary
decision(s) and thus, further continuance of the said inquiry was wholly
unnecessary, there was no malice or influence of collateral considerations
in the exercise of its discretionary power by the Government to discontinue
the said inquiry; State of Gujarat v. Consumer & Education Research
Centre, AIR 1984.
Procedure to be followed by the Commission: The commission shall, have
power to regulate its own procedure including the fixing of places and
times of its sittings and deciding whether to sit in public or in private.
Protection of action taken in good faith: No suit or other legal proceeding
shall lie against the appropriate Government, the Commission or any
member thereof, or any person acting under the direction either of the
appropriate Government or of the Commission in respect of anything
which is in good faith done or intended to be done in pursuance of this Act.
THE COMMISSION OF INQUIRY ACT, 1952
Members, etc., to be public servants: Every member of the Commission and every officer appointed or authorised
by the Commissioner in exercise of functions under this Act shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal code,
Penalty for acts calculated to bring the Commission: if any person, by words either spoken or intended to be read,
makes or publishes any statement which is calculated to bring the Commissioner or any member thereof into
disrepute, he shall be punishable with simple imprisonment for a term which may extend to six months, or with
fine, or with both.
The High Court may take cognizance of offence under this act for commission of any offence. No High Court shall
take cognizance of an offence under this Act unless the complaint is made within six months form the date of
which the offence is alleged to have been committed.
An appeal shall lie as a matter of right from any judgement of the High Court to the Supreme Court, both on facts
and on law. within a period of thirty days from the date of judgement appealed from.
The appropriate Government may, by notification in the Official Gazette, make rules to carry out the purpose of this
Act. such rules may provide for all or any of the following matters, namely:-
a. The term of office and the conditions of service of the members of the Commission
b. The manner is which inquires may be held under this Act and the procedure to be followed by the Commission
in respect of the proceedings before it.
c. The powers of civil court which may be vested in the Commission
d. The traveling and other expenses payable to assessors appointed under section 5B, and to person summoned by
the Commission to give evidence or to produce documents before it.
e. Any other matter which has to be, or may be, prescribed.
Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made,
before each House of Parliament. Every rule made by the State Government under this section shall be laid, as
soon as may be after it is made, before the Legislature.
THE PUBLIC RECORDS ACT, 1993
THE PUBLIC RECORDS ACT, 1993

Object:
 
Public records” includes—
 any document, manuscript and file;
 any microfilm microfiche and facsimile copy of a document;
 any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
 Any other material produced by a computer or by any other device. of any records creating agency;

Records creating agency includes,—

i. in relation to the Central Government, any ministry, department or office of that Government;
ii. in relation to any statutory body or corporation wholly or substantially controlled or financed by
the Central Government or commission or any committee constituted by that Government, the
offices of the said body, corporation, commission or committee;
iii. in relation to a Union territory Administration, any department or office of that Administration;
iv. in relation to any statutory body or corporation wholly or substantially controlled or financed by
Union territory Administration or commission or any committee constituted by that
Administration, the offices of the said body, corporation commission or committee ;
THE PUBLIC RECORDS ACT, 1993
co-ordinate, regulate and supervise operations connected with administration, management etc. of public records.
The Central Government shall have the power to coordinate, regulate and supervise the operations connected with the
administration, management, preservation selection, disposal and retirement of public records under this Act. the Central
government may, by order, authorize the Director General or the head of the Archives, as the case may be, subject to such
conditions as may be specified in the order, to carry out all or any of the following functions, namely:—
1. supervision, management and control of the Archives;
2. acceptance for deposit of public records of permanent nature after such period as may be proscribed;
3. custody, use and withdrawal of public records;
4. arrangement, preservation and exhibition of public records;
5. preparation of inventories, indices catalogues and other reference media of public records;
6. analysing, developing, promoting and coordinating the standards, procedures and the techniques for improvement of
the records management system;
7. ensuring the maintenance, arrangement and security of public records in the Archives and in the offices of the records
creating agency;
8. promoting utilisation of available space and maintenance of equipments for preserving public records;
9. tendering advice to records creating agencies on the compilation, classification and disposal of records and application
of standards, procedures and techniques of records management;
10. survey and inspection of public records;
11. organising training programmes in various disciplines of Archives administration and records management;
12. accepting records from any private source;
13. regulating access to public records;
14. receiving records from defunct bodies and making arrangement for securing public records in the event of national
emergency;
15. receiving reports on records management and disposal practices from the records officer;
16. providing authenticated copies of, or extracts from, public records;
17. destroying or disposal of public records;
18. obtaining on lease or purchasing or accepting as gift any document of historical or national importance
THE PUBLIC RECORDS ACT, 1993

Records officer: Every records creating agency shall nominate one of its officers as records officer to
discharge the functions under this Act. Every records creating agency may set up such number of record
rooms in such places as it deems fit and shall place each record room under the charge of a records officer.
Responsibilities of records officer.—
1. proper arrangement, maintenance and preservation of public records under his charge;
2. periodical review of all public records and weeding out public records of euphemeral value;
3. appraisal of public records which are more than twenty-five years old in consultation with the National Archives of India
or, as the case may be, the Archives of the Union territory with a view to retaining public records of permanent value;
4. destruction of public records in such manner and subject to such conditions as may be prescribed under sub-section (1) of
section 8;
5. compilation of a schedule of retention for public records in constitution with the National Archives of India or, as the case
may be, the Archives of the Union territory;
6. periodical review for downgrading of classified public records in such manner as may be prescribed;
7. adoption of such standards, procedures and techniques as may be recommended from time to time by the National
Archives of India for improvement of record management system and maintenance of security of public records;
8. compilation of annual indices of public records;
9. compilation of organizational history and annual supplement thereto;
10. assisting the National Archives of India or, as the case may be, the Archives of the Union territory for public records
management;
11. submission of annual report to the Director General or, as the case may be, head of the Archives in such manner as may
be prescribed;
12. transferring of records of any defunct body to the National Archives of India or the Archives of the Union territory, as the
case may be, for preservation.
THE PUBLIC RECORDS ACT, 1993

Penalty for contraventions:

No person shall take or cause to be taken out of India any public records without the
prior approval of the Central Government.
No public record shall be destroyed or otherwise disposed of except in such manner
and subject to such conditions as may be prescribed.
Whoever contravenes any of the above acts shall be punishable with imprisonment for
a term which may extend to five years or with fine which may extend to ten thousand
rupees or with both.
National Archives of India or the Archives of the Union territory
The National Archives of India or the Archives of the Union territory may accept any
record of historical or national importance from any private source by way of gift,
purchase or otherwise.
The National Archives of India or, as the case may be, the Archives of any Union
territory may, in such manner and subject to such conditions as may be prescribed,
make any record referred to in sub-section (1) available to any bona fide research
scholar.
No public records bearing security classification shall be transferred to the National
Archives of India or the Archives of the Union territory.
THE PUBLIC RECORDS ACT, 1993

Archival Advisory Board

The Central Government may, by notification in the Official Gazette, constitute an Archival Advisory Board
for the purposes of this Act. The Board shall consists of the following members, namely:—
a. Secretary to the Government of India in the Ministry Chairman, ex officio; of Central Government dealing
with culture
b. one officer not below the rank of Joint Secretary Members, ex officio; the Government of India, each from
the Cabinet Secretariat Ministry of Home Affairs, Ministry of Defence, Ministry of External Affairs,
Ministry of Finance and Ministry of Personnel, Public Grievances and Pension.
c. two representatives not below the rank of Joint Members; Secretary in the Union territory Administrations
to be nominated by the Central Government.
d. three persons to be nominated by the Central Members; Government for a period not exceeding three years,
one being an Archivist and two being Professors in the Postgraduate Department of History in any
recognised University.
e. Director General Secretary Member-, ex Officio.
 
Functions of the Archival Advisory Board
The Board shall perform the following functions, namely:—
f. advise the Central Government and Union territory Administrations on matters concerning the
administration, management, conservation and use of public records;
g. lay down guidelines for training of Archivists;
h. give directions for acquisition of records from private custody;
i. Deal with such other matters as may be prescribed.
THE PUBLIC RECORDS ACT, 1993

 
Power to make rules
The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of
this Act. such rules may provide for all or any of the following matters, namely:—
a. the period after which public records of permanent nature may be accepted
b. the manner in which and the conditions subject to which public records can be destroyed
c. the manner in which periodical review of classified public records for downgrading shall be undertaken
d. the manner in which the records officer will report to the Director General or the head of the Archives
e. the manner in which and the conditions subject to which public records may be destroyed or disposed of
f. the manner in which and the conditions subject to which records of historical or national importance may
be made available to research scholar
g. exceptions and restrictions subject to which public records may be made available to a research scholar
h. the manner in which and the conditions subject to which any records creating agency may grant to any
person access to public records in its custody
i. the allowances payable to members of the Board under
j. the matters with respect to which the Board may perform its functions any other matter which is required to
be, or may be, prescribed.
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in
two or more successive sessions,
THE OFFICIAL SECRETS ACT, 1923.
THE OFFICIAL SECRETS ACT, 1923.
THE OFFICIAL SECRETS ACT, 1923.

While managing the affairs of the country, the Government has to face the menance of spying
by the citizens of the country may be in Government service or in private business or just
thriving over this nefarious act. Spying has also being done by foreigners settled in the
country, by visiting tourists, by the staff and officers employed in foreign missions, by
missionaries and by organisations of Indian or foreign origin. To combat this nefarious act
Government had been adopting various measures by making various provisions in different
laws. The first step in this direction was the enactment of the Indian Official Secrets Act,
1889 which was amended by the Indian Official Secrets (Amendment) Act, 1904. Later, the
Official Secrets Act, 1911 (1 and 2 George V.C. 28), a British Act was brought into force in
India. But it has been recognised that it is unsatisfactory to have two separate laws in force
simultaneously in India. Further, although the British Act of 1911 was in force in India,
difficulties arose in applying it became of the use in it of English common law terms and so
on. For these reasons it was felt desirable that these should be a single consolidated Act
applicable to Indian conditions. To consolidate and amend the law relating to official secrets
the Official Secrets Bill was put before the Legislature. It was passed in the year 1923 and
received the assent on 2nd April, 1923.
Application of the act
This Act may be called the Official Secrets Act, 1923. It extends to the whole of India and
applies also to servants of the Government and to citizens of India outside India.
THE OFFICIAL SECRETS ACT, 1923.

Prohibited Place" means-

(a) any work of defense, arsenal, naval, military or air force establishment or station, mine, minefield, camp, ship
or aircraft belonging to, or occupied by or on behalf of, Government, any military telegraph or telephone so
belonging or occupied, any wireless or signal station or office so belonging or occupied and factory, dockyard or
other places so belonging or occupied and used for the purpose of building, repairing, making or storing any
munitions of war, or any sketches, plans, models or documents relating thereto, or for the purpose of getting any
metals, oil or minerals of use in time of war;
(b) any place not belonging to Government where any munitions of war or any sketches, models, plans or
documents relating thereto, are being made, repaired, gotten or stored under contract with, or with any person
on behalf of, Government, or otherwise on behalf of Government;
(c) any place belonging to or used for the purpose of Government which is for the time being declared by the
Central Government, by notification in the Official Gazette, to be a prohibited place for the purposes of this Act
on the ground that information with respect thereto, or damage thereto, would be useful to an enemy, and to
which a copy of the notification in respect thereof has been affixed in English and in the vernacular of the
locality;
(d) any railway, road, way or channel, or other means of communication by land or water(including any works or
structures being part thereof or connected therewith) or any place used for gas, water or electricity works or
other works for purposes of a public character, or any place where any munitions of war or any sketches,
models, plans, or documents relating thereto, are being made, repaired, or stored otherwise than on behalf of
Government, which is for the time being declared by the Central Government, by notification in the Official
Gazette, to be a prohibited place for the purposes of this Act on the ground that information with respect thereto,
or the destruction or obstruction thereof, or interference therewith, would be useful to an enemy, and to which a
copy of the notification in respect thereof has been affixed in English and in the vernacular of the locality;
THE OFFICIAL SECRETS ACT, 1923.

Penalties for spying

If any person for any purpose prejudicial to the safety or interests of the State-
a. approaches, inspects, passes over or is in the vicinity of, or enters, any prohibited
place; or
b. makes any sketch, plan, model, or note which is calculated to be or might be or is
intended to be, directly or indirectly, useful to an enemy; or
c. obtains, collects, records or publishes or communicates to any other person any
secret official 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 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;
he shall be punishable with imprisonment for a term which may extend, where the
offence is committed in relation to any work of defense, arsenal, naval, military or air
force establishment or station, mine, minefield, factory, dockyard, camp , ship or
aircraft or otherwise in relation to the naval, military or air force affairs of Government
or in relation to any secret official code, to fourteen years and in other cases to three
years.
THE OFFICIAL SECRETS ACT, 1923.

Presumption as to communications
A person may be presumed to have been in communication with
a foreign agent if-
he has, either within or without India, visited the address of a
foreign agent or consorted or associated with a foreign agent, or
either within or without India, the name or address of, or any
other information regarding, a foreign agent has been found in
his possession, or has been obtained by him from any other
person;
foreign agent' includes any person who is or has been employed
by a foreign power, either directly or indirectly, for the purpose
of committing an act, either within or without India, prejudicial
to the safety or interests of the State.
THE OFFICIAL SECRETS ACT, 1923.

Wrongful communication, etc., of information

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,
1. willfully communicates the code or pass word, sketch, plan, model, article, note, document or information to any
person other than a person to whom he is authorized to communicate it or a Court of Justice or a person to whom
it is, in the interests of the State, his duty to communicate it; or
2. 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
3. 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 willfully fails to comply with all directions issued by
lawful authority with regard to the return or disposal thereof ; or
4. 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 pass word or information;
he shall be be punishable with imprisonment for a term which may extend to three years, or with fine, or with
both
If any person voluntarily receives any secret official code or pass world or any sketch, plan. model, article, note,
document or information knowing or having reasonable ground to believe, that the information is communicated in
contravention of this Act, he shall be punishable with imprisonment for a term which may extend to three years, or
with fine, or with both
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 shall be punishable with imprisonment for a
term which may extend to three years, or with fine, or with both.
THE OFFICIAL SECRETS ACT, 1923.

Unauthorized use of uniforms; falsification of reports, forgery, personation, and false documents
If any person for the purpose of gaining admission or of assisting any other person to gain admission to a
prohibited place or for any other purpose prejudicial to the safety of the State
(a) uses or wears, without lawful authority, any naval, military, air force, police or other official uniform, or any
uniform so nearly resembling the same as to be calculated to deceive, or falsely represents himself to be a person
who is or has been entitled to use or wear any such uniform; or
(b) orally, or in writing in any declaration or application, or in any document signed by him or on his behalf,
knowingly makes or connives at the making of any false statement or any omission; or
(c) forges, alters, or tampers with any passport or any naval, military, air force, police, or official pass, permit,
certificate, license, or other document of a similar character (hereinafter in this section referred to as an official
document) or knowingly uses or has in his possession any such forged, altered, or irregular official document; or
(d) personates, of falsely represents himself to be, a person holding, or in the employment of a person holding,
office under Government, or to be or not to be a person to whom an official document or secret official code or
pass word has been duly issued or communicated, or with intent to obtain an official document, secret official
code or pass word, whether for himself or any other person, knowingly makes any false statement; or
(e) uses, or has in his possession or under his control, without the authority of the department of the Government
or the authority concerned, any die, seal or stamp of or belonging to, or used, made or provided by, any
department of the Government, or by any diplomatic, naval, military, or air force authority appointed by or
acting under the authority of Government, or any die, seal or stamp so nearly resembling any such die, seal or
stamp as to be calculated to deceive, or counterfeits any such die, seal or stamp, or knowingly uses, or has in his
possession or under his control, any such counterfeited die, seal or stamp;
he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
THE OFFICIAL SECRETS ACT, 1923.

If any person for any purpose prejudicial to the safety of the State-
retains any official document, whether or not completed or issued for use, when he has no right to
retain it, or when it is contrary to his duty to retain it, or willfully fails to comply with any direction
issued by any department of the Government or any person authorized by such department with
regard to the return or disposal thereof; or
allows any other person to have possession of any official document issued for his use alone, or
communicates any secret official code or pass word so issued, or, without lawful authority or excuse,
has in his possession any official document or secret official code or pass word issued for the use of
some person other than himself, or, on obtaining possession of any official document by finding or
otherwise, willfully fails to restore it to the person or authority by whom or for whose use it was
issued, or to a police officer; or
without lawful authority or excuse, manufactures or sells, or has in his possession for sale, any such
die, seal or stamp as aforesaid;
he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or
with both.
Interfering with officers of the police or members of the Armed Forces of Union
No person in the vicinity of any prohibited place shall obstruct, knowingly mislead or otherwise
interfere with or impede, any police officer, or any member of the Armed Forces of the Union
engaged on guard, sentry, patrol, or other similar duty in relation to the prohibited place. If any
person done such an acts, he shall be punishable with imprisonment which may extend to three years,
or with fine, or with both.
THE OFFICIAL SECRETS ACT, 1923.

Duty of giving information as to commission of offences

It shall be the duty of every person to give on demand to a Superintendent of Police, or other police officer not
below the rank of Inspector empowered, by an Inspector-General or Commissioner of Police in this behalf, or to
any member of the Armed Forces of the Union engaged on guard, sentry patrol, or other similar duty, any
information in his power relating to an offence or suspected offence and, if so required, and upon tender of his
reasonable expenses, to attend at such reasonable time and place as may be specified for the purposes of
furnishing such information. If any person fails to give any such information or to attend as aforesaid, he shall be
punishable with imprisonment which may extend to three years, or with fine, or with both.
Attempts, incitements, etc.
Any person who attempts to commit or abets the commission of an offence under this Act shall be punishable
with the same punishment, and be liable to be proceeded against in the same manner as if he had committed such
offence.
Penalty for harboring spies
If any person knowingly harbors any person whom he knows or has reasonable grounds for supposing to be a
person who is about to commit or who has committed an offence of spying or knowingly permits to meet or
assemble in any premises in his occupation or under his control any such persons, he shall be shall be punishable
with imprisonment for a term which may extend to three years, or with fine, or with both.
It shall be the duty of every person having harbored any such person as aforesaid, or permitted to meet or
assemble in any premises in his occupation or under his control any such persons as aforesaid, to give on
demand to a Superintendent of Police or other police officer not below the rank of Inspector empowered by an
Inspector-General or Commissioner of Police in this behalf, any information in his power relating to any such
person or persons, and if any person fails to give any such information, shall be punishable with imprisonment
for a term which may extend to three years, or with fine, or with both.
THE OFFICIAL SECRETS ACT, 1923.

Restriction on trial of offences

No Court other than that of a Magistrate of the first class specially
empowered in this behalf by the appropriate Government shall try any
offence under this Act. If any person under trial before a Magistrate
for an offence under this Act. at any time before a charge is framed
claims to be tried by the Court of Session, the Magistrate shall, if he
does not discharge the accused, commit the case for trial by that Court.
No Court shall take cognizance of any offence under this Act unless
upon complaint made by order of, or under authority from the
appropriate Government or some officer empowered by the
appropriate Government in this behalf.
For the purposes of the trial of a person for an offence under this Act,
the offence may be deemed to have been committed either at the place
in which the same actually was committed or at any place in India in
which the offender may be found.