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ApniLaw > Blog > Legal Articles > Acts > What Counts as a “Secret” Under Indian Law?
ActsNews

What Counts as a “Secret” Under Indian Law?

Amna Kabeer
Last updated: August 17, 2025 12:27 pm
Amna Kabeer
1 day ago
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Official Secrets Act
Official Secrets Act
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In India, the meaning of a “secret” mainly comes from the Official Secrets Act, 1923. The law protects sensitive information, prohibits espionage, and restricts access to certain areas. Anything that can harm national security or help an enemy can fall under the definition of a secret.
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Contents
What Is The Definition of a SecretWhat Is Espionage Under Indian LawWhat Is Prohibited PlacesTrade Secrets vs. Official SecretsConclusion

What Is The Definition of a Secret

The Official Secrets Act defines “secrets” under Indian law very broadly. It covers official codes, passwords, sketches, plans, models, articles, notes, documents, or any information. If such information can help an enemy or harm the sovereignty, security, or foreign relations of India, it qualifies as a secret. The law also protects information entrusted in confidence by government officials or obtained illegally.

What Is Espionage Under Indian Law

Espionage means spying or sharing sensitive information in a way that threatens national security. Under Section 3, it includes entering, approaching, or inspecting a prohibited place for harmful purposes. Sharing documents, codes, or other sensitive data that may help an enemy is also espionage. The law does not require proof of actual harm. Even the intent or potential to cause harm is enough for punishment.

What Is Prohibited Places

Certain locations are marked as prohibited places. These include defense sites, military stations, factories, or any area important for security. Unauthorized entry, observation, or mapping of these areas is illegal. Even passing near or sketching such places with harmful intent can be treated as an offense.

Trade Secrets vs. Official Secrets

Business-related trade secrets are different. They include formulas, business strategies, or confidential information that give a company an advantage. These are protected mainly through contracts and civil law, not the Official Secrets Act.

Conclusion

Under Indian law, a secret is not limited to classified documents. It covers any information, documents, or locations that can harm India’s security or assist an enemy. The Official Secrets Act ensures that espionage, spying, and unauthorized access to prohibited places remain serious crimes.

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TAGGED:Government OfficialNational InterestNational SecurityOfficerOfficial SecretsOfficial Secrets ActSecrets
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