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OFFICIAL SECRETS ACT, 1923

 

SECTIONS

CONTENTS

 

 

PRELIMINARY

 

1.

Short title, extent and application.

 

2.

Definitions.

 

3.

Penalties for spying.

 

3A.

Restriction against photographs, sketches, etc., of pro­hibited and notified areas.

 

4.

Communications with foreign agents to be evidence of commission of certain offences.

 

5.

Wrongful communication, etc., of information.

 

6.

Unauthorized use of uniforms ; falsification of reports, forgery, personation, and false documents.

 

7.

Interfering with officers of the police or members of the armed Forces of Pakistan.

 

8.

Duty of giving information as to commission of offence

 

9.

Attempts, incitements, etc.

 

10.

 Penalty for harbouring spies.

 

11.

Search warrants.

 

12.

Power to arrest.

 

13.

Restriction on trial of offences.

 

14.

Exclusion of public from proceedings.

 

15.

Offences by companies, etc.

 

16.

Repealed.

 

 

 

The Official Secrets Act, 1923

ACT NO XIX OF 1923

2nd  April, 1923

An Act to consolidate and amend the Saw in Pakistan relating to official secrets.

 

WHEREAS it is expedient that the law relating to official secrets in Pakistan should be consolidated and amended ; It is hereby enacted as follows : —

 

1. Short title extent and application.  —  (l) This Act may be called the  Official Secrets Act, 1923.

 

(2) It extends to the whole of Pakistan, and applies also to all citizens of Pakistan and person in the service of Government wherever they may be.

 

2. Definitions.  In this Act; unless then anything repugnant in the subject or context.

 

(1) any reference to a place belonging to Government includes a place occupied by  any department of the Government, whether the place s or is not actually vested in Government ;

 

(2) expressions referring to communicating or receiving include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document, or information itself or the substance, eject or description thereof only be com­municated or received ; expressions referring to ob­taining or retaining any sketch, plan, model, article, note or document, include the copying or causing to be copied of the whole or any part of any sketch, plan, model, article, note, or document; and expressions referring to the communication of any sketch, plan, model, article, rote or document include the transfer or transmission of the sketch, plan, model, article, note or document :

 

(2A) appropriate Government means, in relation to mat­ters enumerated in the Federal Legislative List in the Fourth Schedule to the Constitution, the Federal Government and, in relation to any other matter, the Provincial Government ;

 

(3) ” document” includes part of a document :

 

(4) ” model “ includes design, pattern and specimen;

 

(5) ” munitions of war ” includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms and ammunition, torpedo, or mine intended or adopted for use in war, and any other article, material, or device, whether actual or proposed, intended for such use ;

 

(6) ” Office under Government” includes any office or employment in or under any department of the Govern­ment ;

 

(7) ” photograph “ includes an undeveloped film or plate ;

 

(8) ” prohibited place ” means —

 

(a) any work of defence, 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 any factory, dockyard or other place 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 appropriate 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 appropriate 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.

 

Provided that where for declaring a prohibited place under sub-clause (c) or sub-clause (d) a notifica­tion in the official Gazette is not considered desir­able in the interest of the security of the State, such declaration may be made by an order a copy or notice of which shall be prominently displayed at the point of entry to, or at a conspicuous place near. His prohibited place..

 

(9) ” sketch “ includes any photograph or other mode of representing any place or thing ; and

 

(10) ” Superintendent of Police “ includes any police officer of a like or superior rank, and any person upon whom the powers of a Superintendent of Police are for the purposes of this Act conferred by the appropriate Government;.

 

3. Penalties for supplying.  —  (1) 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, mode), 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 ; he shall be guilty of an offence under tins section.

 

(2) On a prosecution for an offence punishable under this section with imprisonment or a term which may extend to four­teen years, it shall not I;.; necessary to show- that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the State, and, notwith­standing that no such act is proved against him, he may be con­victed if, from the circumstances of the case or his conduct or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the State ; and if any sketch, plan, model, article, note. document, or information relating to or used in any prohibited place, or relating to anything in such a place, or any secret official code or pass word is made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, and from the circumstances of the case or his conduct or his known character as proved it appears that his purpose was a purpose prejudicial to the safety or interests of the State, such sketch, plan, model, article, note, document or information shall be presumed to have been made, obtained, collected, re­corded, published or communicated for a purpose prejudicial to the safety or interests of the state.

 

(3) A person guilty of an offence under this section shall be punishable, —

 

(a) where the offence committed is intended or calculated to be, directly or indirectly, in the interest or for the benefit of a foreign power, or is in relation to any work of defence, 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 Pakistan or in relation to any secret official code, with death, or with imprisonment for a term which may extend to fourteen years ; and

 

(b) in any other case, with imprisonment for a term which may extend to three years.

 

3A. Restriction against photographs, sketches, etc., of prohibited and notified areas.  —  (1) No person shall, except under the authority of a written permit granted by or on behalf of the appropriate  Government, make any photograph, sketch, plan, molds, note or representation of any kind of any prohibited place or of any other place or area, notified by the appropriate Government as a place or area with regard to which such restriction appears ;

to that Government to be expedient in the interests of the security of Pakistan, or of any part of or object in any such place or area.

 

(2) The appropriate Government may, by general or special order make provision for securing that no photograph, sketch, plan, model, note or representation if any kind made under the authority of a permit granted in pursuance if sub­section (1) shall be published unless and until the same has been submitted to and approved by such authority or person as may be specified in the order, and may retain or destroy or otherwise dispose of anything so submitted.

 

(3) If any person contravenes any of the provisions of this section, he shall be punished with imprisonment for a term which may extend to three years or with fine or with both.

 

(4) The Federal Government may by notification in the official Gazette empower any Provincial Government to exercise all or any of the powers exercisable by the Federal Government under this section, or under sub-clause (c) or sub-clause (d) of clause (8) of section 2, or under clause (10) of that section.

 

4. Communications with foreign agents to be evidence of commission of certain offences.  —  (1) In any proceedings against a person for an offence under section 3, the fact that he has been in communication with, or attempted to communicate with, a foreign agent, whether within or without Pakistan, shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety or interests of the State, obtained or attempted to obtain informa­tion which is calculated to be or might be, or is intended to be, directly or indirectly, useful to an enemy.

 

(2) For the purpose of this section, but without prejudice to the generality of the foregoing provision, —

 

(a) a person may be presumed to have been in communi­cation with a foreign agent if —

 

(i) he has, either within or without Pakistan visited the address of a foreign agent or consorted or associated with a foreign agent, or

 

(ii) either within or without Pakistan, 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 ;

 

(b) the expression “foreign agent” includes any person who is or has been or -in respect of whom it appears that there are reasonable grounds for suspecting him of being or having been employed by a foreign power, either directly or indirectly, for the purpose of com­mitting an act, either within or without Pakistan, prejudicial to the safety or interests of the State, or who has or is reasonably suspected of having, either within or without Pakistan, committed, or attempted to commit, such an act in the interests of a foreign power;

 

(c) any address, whether within or without Pakistan, in respect of which it appears that there are reasonable grounds for suspecting it of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, may be presumed to be the address of a foreign agent, and communications addressed to such an address to be communications with a foreign agent.

 

5. 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, 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 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 Government, or as a person who holds or has held a contract made on behalf of Government, or as a person who is or has been employed under a person who holds or ha» held such an office or contract —

(a) 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 authori­sed 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

 

(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 willfully 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 pass word 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, It the time when he receives it, that the code, pass word, 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) A person guilty of an offences under this section shall be punishable, —

 

(a) where the offence committed is a contravention of clause (a) of sub-section (1) and intended or calculated to be, directly or indirectly, in the interest or for the benefit of a foreign power, or is in relation to any work of defence, arsenal, naval, military or air force establish­ment or station, mine, mine-field, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Pakistan or in relation to any secret official code, with death, or with imprisonment for a term which may extend to fourteen years ; and

 

(b) in any other case, with imprisonment for a term which may extend to two years, or with fine, or with both.

 

6. Unauthorised use of uniforms; falsification of reports, forgery, personation, and false documents.  —  (1) 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, airforce, police, or official pass, per­mit, certificate, licence, 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, or 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 bean duly issued or communi­cated, or with intent, to obtain an official document, secret official code or pass word, whether for himself or any oilier 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 guilty of an offence under this section.

 

(2) If any person for any purpose prejudicial to the safety of the State —

 

(a) 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 directions issued by any de­partment of the Government or any person authorised by such department with regard to the return or dis­posal thereof ; or

 

(b) 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 authority by whom or for -whose use it was issued, or to a police officer ; or

 

(c) 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 guilty of an offence under this section.

 

(3) A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

 

(4) The provisions of sub-section (2) of section 3 shall apply, for the purpose of proving a purpose prejudicial to the safety of the State, to any prosecution  a for an offence under this section relating to the naval, military or air force affairs of Government, or to any secret official cede in like manner as they apply, for the purpose of proving a purpose prejudicial to the safety or interests of the State, to prosecutions for offences punishable under that section with imprisonment for a term which may extend to fourteen years.

 

7. Interfering with officers of the police of members of the armed forces of Pakistan.  —  (1) 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 Pakistan engaged on guard, sentry, patrol, or other similar duty in relation to the prohibited place.

 

(2) If any person acts in contravention of the provisions of this section, he shall be punishable with imprisonment which may extend to two years, or with fine, or with both.

 

8.  Duty of giving information as to commission of offences.  —  (1) 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 in this behalf, or to any member of the armed forces of Pakistan engaged on guard, sentry, patrol or other similar duty, any information in his power relating to an offence or sus­pected offence under section 3 or under section 3 read with

section 9 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 purpose of furnishing such information.

 

(2) If any person fails to give any such information or to attend as aforesaid, he shall be punishable with imprisonment which may extend to two years, or with fine, or with both.

 

9. 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.

 

10. Penalty for harbouring pies.  —  (1) If any person knowingly harbours 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 under section 3 or under section 3 read with section 9 or knowingly permits to meet or assemble in any premises in his occupation or under his control any such persons, he shall be guilty of an offence under this section.

 

(2) 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  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, he shall be guilty of an offence under that section.

 

(3) A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to on year, or with fine, or with both.

 

11. Search warrants.  —  (1) If Magistrate of the first class or Sub-divisional Magistrate is satisfied, by information on oath that there is reason­able ground for suspecting that an offences under this Act has been or is about to be committed, he may grant a search-warrant authorizing any police officer named therein, not being below the rank of an officer in charge of a police station, to enter at any time any premises or place named in the warrant, if necessary, by force, and to search the premises or place and every person found therein, and to seize any sketch, plan, model, article, note or document or anything of a like nature, or anything which is evidence of an offence under this Act having been or being about to be committed which he may find on the premises or place or any such person, and with regard to or in connection with which he has reasonable ground for suspecting that an offence under this Act has been or is about to be committed.

 

(2) Where it appears to a police officer, not being below the rank of Superintendent, that the case is one of great emergency, and that in the interests of the State immediate action is necessary, he may by a written order under his hand give to any police officer the like authority as may be given by the warrant of a Magistrate under this section.

 

(3) Where action has been taken by a police officer under sub-section (2) he shall, as soon as may be, report such action, l   to the District or Sub-divisional Magistrate.

 

12. Power to arrest.  Notwithstanding anything in the Code of Criminal Procedure, 1898, —

 

(b) an offence under this Act, other than an offence punishable with imprisonment for a term which may extend to fourteen years, shall be a cognizable and bail able offence ; and.

 

(c) any member of the armed forces of Pakistan may, without an order from a Magistrate and without a warrant, arrest, in or in the vicinity of a prohibited place, any person who has been concerned in an offence under section 3, or under section 3 read with section 9, or under clause (a) or clause (b) of sub-section (1) of section 5, or under clause (a) of sub-section (1) of section 6, or against whom a reasonable complaint has been made or credible information has been re­ceived, or a reasonable suspicion exists of his having been so concerned, and shall without unnecessary delay take or send the person arrested before a Magis­trate having jurisdiction in the case or before an officer in charge of a police-station, and thereupon the pro­visions of the said Code applicable in respect of a person who, having been arrested without warrant, has been taken or sent before a Magistrate or before an officer in charge of a police-station shall apply to him.

 

13. Restriction on trial of offences.  — (l) 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.

 

(2) If any person under trial before a Magistrate for as 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, notwithstanding that it is not a case exclusively triable by that Court.

 

(3) 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:

Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that such complaint has not been made, but no further or other proceedings shall be taken until such comp­laint has been made.

 

(4) 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 Pakistan in which the offender may be found.

 

(6) The appropriate Government may, if it thinks fit, by general or special order direct that the procedure for the trial of an offence under section 3, or under section 3 read with section 9, or under clause (a) or clause (b) of sub-section (1) of section of section 5, or under clause (a) of sub-section (1) of section 6 shall be that prescribed for offences under the Enemy Agents ordinance, 1943, or under the Pakistan Criminal Law Amendment Act, 1958.

 

14. Exclusion of public from proceedings. — In addition and without prejudice to any powers which a court may possess to order the exclusion of the public from any proceedings if, in the course of proceedings before a court against any person for a offence under this act or the proceedings on appeal, or in the courts of the trial of a person under this Act, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the proceedings would be prejudicial to the safety of the State, that all or any portion of the public shall be excluded during any part of the hearing, the Court may make an order to that effect, but the passing of sentence shall in any case take place in public.

 

15. Offences by companies, etc. Where the person guilty of an offence under this Act is a company or corporation, every director and officer of the company or corporation, every director and officer of the company or corporation with whose knowledge and consent the offence was committed shall be guilty of the like offence.

 

16. Repeals. Rep. by the Repealing Act, 1927 (XII of 1927), S. 2 and Schedule.     

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