Official Secrets Act, 1923

Captain B. Subha Rao, a retired naval officer, was arrested at Bombay Airport for allegedly breaching the Official Secrets Act, 1923 and the Atomic Energy Act, 1962. He filed a series of bail applications; Judge Puranik rejected a batch on 6 June 1989 without noting a pending application (Criminal Application No. 995/8…

The Kerala Government, after initially consenting to CBI investigation of espionage cases under Section 6 of the Delhi Special Police Establishment Act, later withdrew that consent to allow State Police to conduct a "further investigation". The Supreme Court held that once the CBI, acting on the State's consent, comple…

Dr. Narayan Warman Nerukar was charged under Sections 3 and 5 of the Official Secrets Act, 1923 and Section 120‑B IPC. After a prolonged trial, he invoked Section 482 of the CrPC to have the proceedings quashed on the ground of delay. The Delhi High Court quashed the case, holding that the right to a speedy trial had b…

The respondents, including Jaspal Singh Gill, were charged under sections 3, 5 and 9 of the Official Secrets Act, 1923 read with section 120‑B of the Indian Penal Code for allegedly passing classified military information to a foreign agency. While the trial was pending, Gill applied for bail before the Additional Sess…

The case concerns several army officers who were tried by General Court Martial for espionage, some convicted and others dismissed administratively under Section 18 of the Army Act, 1950. Their writ petitions challenging the Court Martial proceedings and the administrative dismissals were dismissed by the Delhi High Co…

A writ petition filed by MP Dinesh Trivedi and NGOs under Article 32 sought full disclosure of the Vohra Committee Report, its supporting annexures, and the names of officials implicated, and challenged the constitutionality of Section 5 of the Official Secrets Act, 1923. The Court held that the Report tabled in Parlia…

The appellant Safi Mohammad was arrested on suspicion of supplying secret information about the Indian Armed Forces to Pakistani intelligence. During a search of his railway quarter, police seized a blue diary (1982) and a hand‑drawn map (Ex.D‑3) which were deemed by the Air Force to be useful to an enemy. He was convi…

The Supreme Court examined whether the Reserve Bank of India (RBI) could refuse to disclose information obtained from banks under the Right to Information (RTI) Act on the grounds of fiduciary relationship, economic interest, or commercial confidence. The Court held that RBI does not have a fiduciary relationship with …

The appellant, Sama Alana Abdulla, was accused of passing a BSF‑prepared map of an underground water pipeline to Pakistani intelligence. During a raid, police recovered the map from his house; a surviving panch witness did not corroborate the recovery, while two police officers who were part of the raid testified that …

The State of Maharashtra appealed against a Bombay High Court Single Judge's ex‑parte order that stayed a trial judge’s permission for Dr. Budhikot Subharao to travel abroad and awarded him Rs.25,000 compensation, alleging that the State had acted in mala fides and engaged in sharp practice. The Supreme Court examined …

The State charged Satyen Bhowmick and others under the Official Secrets Act for passing military secrets. During a commitment inquiry the prosecution invoked Section 14 of the Act to hold the trial in camera and to bar the accused from obtaining copies of witness statements. The magistrate allowed the defence counsel t…

The appellant, former ISRO scientist S. Nambi Narayanan, was arrested in 1994 on alleged espionage charges that were later found to be false by the CBI, leading to his discharge. He spent nearly fifty days in police custody, during which the Supreme Court found that the investigation by Kerala police was malicious, cau…

The respondent, Subhash Chandra Agarwal, filed three RTI applications seeking information about (1) correspondence regarding the appointment of three Supreme Court judges who superseded seniority, (2) declaration of assets by judges pursuant to a 1997 resolution, and (3) correspondence about a Union Minister allegedly …

The petitioner, a former Indian Navy captain, was detained in 1988 on suspicion of carrying atomic and defence secrets and was prosecuted under the Official Secrets Act and the Atomic Energy Act after consent from the Attorney General and authorisation from the Chief Vigilance Officer of the Department of Atomic Energy…

The petitioners challenged the CBI's reliance on three documents that were allegedly taken without authorization from the Ministry of Defence and marked secret under the Official Secrets Act. The respondents argued that the review petition was untenable because the documents violated Sections 3 and 5 of the Official Se…

The appellant, the Secretary to the Government (Law & Order‑F), appealed against a Madras High Court order that quashed a preventive detention order issued under Section 3(1)(a) of the National Security Act, 1980 against a man arrested in September 2012 for alleged breach of the Official Secrets Act. The High Court had…

The Government of NCT of Delhi appealed the Delhi High Court’s acquittal of Jaspal Singh (A4) for offences under the Official Secrets Act, 1923 and Section 120B IPC. The Supreme Court held that the High Court had misapplied the law, especially the evidentiary value of a co‑accused’s confession and the statutory presump…

A criminal complaint under Sections 5(4) read with 5(2) and 5(3) of the Official Secrets Act, 1923 was filed by the Union of India through the CBI against Rakesh Kumar Jain. The appellant sought discharge under Section 245 of the CrPC, arguing that the complaint was barred by limitation because the order authorising th…

The owners of a 2‑acre‑37‑guntha land (respondents) obtained a decree for possession after the watch‑factory (HMT Ltd.) had unlawfully occupied an extra 39 gunthas beyond the 1‑acre‑38‑guntha acquired in 1978. While execution of the decree was pending, HMT Ltd. requested the Karnataka Government to issue a preliminary …

The appellant, a civil servant, was transferred to New Delhi but failed to report for duty, leading to disciplinary proceedings under the Central Civil Services (Conduct) Rules. While the proceedings were pending, he took voluntary retirement, and the government continued the enquiry under Rule 9 of the Central Civil S…

The Supreme Court examined appeals by the CBI challenging the Delhi High Court’s grant of bail to Abhishek Verma, who was charged under Sections 3 and 9 of the Official Secrets Act, 1923 and Sections 409/109 read with 120‑B of the IPC for allegedly receiving classified defence information via pen drives. The Court held…

The Chief Information Commissioner (CIC) directed the Gujarat High Court to provide certified copies of judicial documents to a third‑party applicant under the Right to Information Act, 2005 (RTI Act). The High Court, relying on Rule 151 of its own Rules, required the applicant to file an affidavit stating the purpose …

The State of Delhi appealed against a Delhi High Court order granting bail to Rajeev Sharma, who was arrested under Sections 3, 4 and 5 of the Official Secrets Act, 1923 and Section 120B of the IPC. Sharma filed multiple bail applications, all of which were dismissed, and later invoked Section 167(2) of the CrPC claimi…