Faced with the threat of high-technology espionage — corporate espionage and leaking of sensitive official documents — the government has decided to rework the definition of spying in the vintage Official Secrets Act of 1923 (OSA) to define “espionage” and provide for stringent punishment under the law, which makes unauthorised disclosure and possession of official information criminal acts.
The move comes after the Intelligence Bureau and RAW asked the ministry of home affairs to rework the act to give the government long arms to meet present-day challenges posed by spies. There have been several cases in the recent past of sensitive documents relating to defence and internal security being allegedly leaked to businessmen and government officials in crucial ministries coming under the scanner for passing on sensitive information not only to businessmen but also foreign spies.
The home minsitry is also set to broaden the definition of the word “enemy” under the Official Secrets Act to include threats from various sources, including cyber enemies.
A total of 32 ISI-backed espionage modules were neutralised in India from 2010 to 2013, resulting in the arrest of 50 spies — 40 Indians and 10 foreign nationals.
Top government officials said the aim is to give the law more teeth to help agencies like the CBI establish culpability in cases where the leakage of official information cannot directly be connected to “assisting an enemy” or proving “prejudicial to the safety or interests of the state” or to “friendly relations with foreign states”. Imprisonment terms currently range from three to 14 years and this is set to be lengthened.
The act will also undergo a change to redefine the word “secret” to clearly omit subjects on which the public servant concerned is obliged to provide information to the citizen who seeks it using the Right to Information Act. However, on the other hand, anything not included in the clause will be deemed an official secret and will attract penalties under the re-worked Official Secrets Act, the sources said.