THE OFFICIAL SECRETS ACT, 1923: A CRITICAL REVIEW

Abstract

The Indian Official Secrets Act (1904) was enacted During Lord Curzon’s times mainly to restrict the freedom of the press. The Official Secrets Act, 1923 (OSA) took its position as the law governing all concerns of secrecy and confidentiality relating to Indian government. A framework for dealing with espionage, sedition, and other threats to the integrity and unity of the country was also established by the law. The law had ingrained a culture of secrecy in India due to the mistrust that existed between the British administration and the populace. The Official Secrets Act deals with two main aspects (i) espionage or spying activity and (iis) disclosure of other secret official information. The former is dealt with by Section 3 and the latter by section 5.

References

1. Amulya Gopalakrishnan, Information by Right, THE FRONTLINE, available at http://www.flonnet.com/fl2001/stories/20030117002710000.html
2. Anon., Freedom of Information and Expression in India, available at: http:/ /www.pucl.org/from-archives/Media/freedom.htm
3. Deepak Mahaan, Transparency and Poverty in India, available at: http://w ww.worldpress.org/asia/1014.cfm
4. Rajeev Dhavan, On the Law of the Press in India, 26 Journal of the Indian Law Institute 290 (1984).
5. SN Jain, Official Secrecy and the Press 20, The Indian Law Institute and the Press Council of India (1982)
6. Toby Mendel, Freedom of Information as an Internationally Protected HumanRight, http://www.article19.org/docimages/627.htm
7. DK Basu and AK Nandi, Administrative Law (1998).
8. Law (MP Jain and SN Jain, Principles of Administrative 4th Edition, 1998)