Haryana-based YouTuber Jyoti Rani was arrested during Operation Sindoor for allegedly sharing sensitive information with an official from the Pakistani High Commission. She has been charged under the Official Secrets Act, 1923, and Section 152 of the Bharatiya Nyaya Sanhita (BNSS).
ABOUT THE OFFICIAL SECRETS ACT, 1923 (OSA)
- Enactment: Introduced during the British colonial era in 1923, the Act was based on the British Official Secrets Act of 1911.
- Purpose: Aimed at safeguarding India’s sovereignty, defence, and intelligence infrastructure by preventing espionage and unauthorized disclosure of sensitive information.
PURPOSE & OBJECTIVES
- To protect national security by preventing the disclosure of classified or sensitive information
- To deter espionage and unauthorized sharing of state secrets
- To maintain confidentiality in matters of defence, foreign affairs, and intelligence operations
KEY FEATURES
- Applicability: The Act covers government officials, civilians, foreign nationals, or any individual in possession of classified information.
- Coverage: It includes secret codes, passwords, maps, documents, military sites, sketches, plans, and other sensitive government data.
- Broad Interpretation: Any act that could harm national security or assist an enemy is considered a violation.
PROHIBITED ACTIONS
- Spying (Section 3): Involves unauthorized collection, sharing, or publishing of classified information that could benefit enemies.
- Wrongful Communication (Section 5): Punishes even accidental or negligent disclosure of official secrets.
- Other Offences:
- Wearing unauthorized military or government uniforms (Section 6)
- Forging official documents
- Attempting, aiding, or abetting any offence under the Act (Section 9)
AUTHORITY POWERS
- Search and Seizure: Law enforcement officials can search premises and confiscate documents suspected to breach the Act.
- Confidential Proceedings: Trials and prosecutions under the OSA can be kept secret in the interest of national security.
PENALTIES
- Section 3 (Spying):
- Up to 14 years imprisonment for offences involving defence or armed forces.
- Up to 3 years in other cases.
- Section 5 (Wrongful Communication): Punishable with up to 3 years imprisonment, a fine, or both.
- Section 9 (Abetment or Attempt): Treated as equivalent to committing the main offence.
ADDITIONAL CHARGES UNDER BHARATIYA NYAYA SANHITA (BNS)
- Section 152 – Acts Endangering Sovereignty, Unity, and Integrity:
- Involves promoting secessionist, rebellious, or separatist activities through speech, media, or financial support.
- Punishment includes life imprisonment, or up to 7 years along with a fine.
- Exception: Peaceful and lawful criticism aimed at government reform is not punishable.
The arrest of Jyoti Rani under the Official Secrets Act, 1923, and Section 152 of the BNS reflects the government’s firm stance on safeguarding national security and sensitive information. It highlights the proactive efforts of law enforcement to protect India’s sovereignty and integrity, reinforcing public trust in national security mechanisms.