What is Official Secrets Act, under which YouTuber Jyoti Malhotra was held?

YouTuber Jyoti Malhotra, also known as Jyoti Rani, was arrested for passing sensitive information to Pakistani handlers. She has been charged under Official Secrets Act and Section 152 of BNS

Jyoti Malhotra, a 33-year-old travel blogger from Haryana, was arrested on May 16 for allegedly passing sensitive information to Pakistani intelligence operatives during ‘Operation Sindoor’.

 

According to news reports, Malhotra was in contact with an official from the Pakistan High Commission in New Delhi. She is accused of sharing “sensitive information” and was allegedly instructed by her Pakistani handlers to promote a favourable narrative about Pakistan.

 

Jyoti Malhotra, also known as Jyoti Rani, has been charged under Sections 3 and 5 of the Official Secrets Act, 1923; and Section 152 of the Bharatiya Nyaya Sanhita (BNS). 

What is the Official Secrets Act?

 

The Official Secrets Act of 1923 is a colonial-era legislation enacted in India to counter espionage and safeguard sensitive information related to national security. The Act criminalises spying, unauthorised sharing of confidential government information, and the withholding of sensitive data that could potentially threaten the safety or interests of the state. It applies to all Indian citizens, including government servants, both within and outside the country. The law covers a broad range of offences, such as wrongful communication of official secrets, codes, passwords, sketches, plans, and other classified materials. Its main objective is to prevent the leakage of information that could be exploited by foreign powers or hostile entities, thereby protecting India’s sovereignty and security.

 

 

Violations under the Act can attract severe penalties, with imprisonment ranging from three years to life, depending on the gravity of the offence. 

 

Section 3 of the Official Secrets Act

Section 3 targets acts of espionage or activities prejudicial to the safety or interests of the state. It criminalises actions such as:

-Approaching, inspecting, or entering prohibited places (like, military bases, arsenals) for purposes harmful to the state

-Making sketches, plans, models, or notes that could, directly or indirectly, be useful to an enemy

-Obtaining, collecting, recording, publishing, or communicating secret official codes, passwords, or any documents or information that could be useful to an enemy, or whose disclosure could affect the sovereignty and integrity of India, the security of the state, or friendly relations with foreign states

 

Punishment under Sec 3 of Official Secrets Act

If the offence relates to defence establishments, arsenals, or military affairs, imprisonment can extend up to fourteen years. In other cases, imprisonment may extend up to three years.

 

Section 5 of the Official Secrets Act

Section 5 deals with the “wrongful communication” or handling of official secrets by individuals who possess or control such information due to their official position or relationship with the government. Offences include communicating secret official codes, passwords, sketches, plans, models, notes, documents, or information to unauthorised persons; using such information for the benefit of a foreign power or in any manner prejudicial to the safety of the state; retaining official documents or information without authority or contrary to duty, or failing to comply with lawful directions regarding their return or disposal; and failing to take reasonable care of such materials, thereby endangering their safety. 

 

Additionally, any person who knowingly receives such information, knowing it was communicated in violation of the Act, is also guilty under this section

 

Punishment under Sec 5 of Official Secrets Act

Imprisonment for up to three years, a fine, or both.

 

What is Section 152 of the Bharatiya Nyaya Sanhita?

 

Section 152 of the Bharatiya Nyaya Sanhita states that anyone who, purposely or knowingly, by words (either spoken or written), by signs, by visible representation, by electronic communication, by use of financial means, or by any other method, excites or attempts to excite secession, armed rebellion, or subversive activities, encourages feelings of separatist activities, endangers the sovereignty, unity, or integrity of India, or indulges in or commits any such act, shall be punished under this section. The punishment prescribed is imprisonment for life, or imprisonment which may extend to seven years, and the person shall also be liable to a fine.