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  "title": "Official Secrets Act, 1923",
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  "text": "Page 1 of 14 \r\n \r\n  \r\n \r\n \r\nTHE OFFICIAL SECRETS ACT, 1923 \r\n \r\n \r\n \r\nCONTENTS \r\n        \r\n1.  Short title, extent and application \r\n2.  Definitions \r\n3.  Offence \r\n3A.  Restriction against photographs, sketches, etc., of prohibited and notified areas \r\n4.  Communications with enemy or foreign agents to be evidence of commission of \r\ncertain offence \r\n5.  Wrongful communication, etc., of information \r\n6.  Unauthorized use of uniforms; falsification of reports, forgery, personation and false \r\ndocuments \r\n6A. Unauthorized disclosure of identities, etc. \r\n7.  Interfering with officers of the police or members of the armed Forces of Pakistan \r\n8.  Duty of giving information as to commission of offences \r\n9. Attempts, incitements, etc. \r\n10.  Penalty for harbouring spies \r\n11.  Search warrants \r\n \r\n\r\n \r\nPage 2 of 14 \r\n \r\n12.  Power to arrest \r\n12A. Investigation etc. \r\n13.  Restriction on trial of offences \r\n14.  Exclusion of public from proceedings \r\n15.  Offences by companies, etc. \r\n16.  Power to make rules \r\n \r\n \r\nPage 3 of 14 \r\n \r\nTHE OFFICIAL SECRETS ACT, 1923 \r\n1ACT NO. XIX OF 1923 \r\n[2nd April, 1923] \r\nAn Act to consolidate and amend the law in 2[Pakistan] relating to official secrets.        \r\n 3[*   *   *   *   *   *   *] \r\n \r\nWHEREAS it is expedient that the law relating to official secrets in 2[Pakistan] should be \r\nconsolidated and amended; \r\n \r\nIt is hereby enacted as follows: \r\n \r\n1. Short title, extent and application. (1) This Act may be called the 4[*] Official Secrets \r\nAct, 1923. \r\n \r\n5[(2) It extends to the whole of Pakistan, and applies also to all citizens of Pakistan and \r\npersons in the service of Government wherever they may be.] \r\n \r\n2. Definitions. In this Act, unless there is anything repugnant in the subject or context,— \r\n \r\n(1) any reference to a place belonging to 6[Government] includes a place occupied by any \r\ndepartment of the Government, whether the place is or is not actually vested in 6[Government] ; \r\n \r\n7[*   *   *   *   *   *   *] \r\n \r\n(2) expressions referring to communicating or rece iving include any communicating or \r\nreceiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document, \r\nor information itself or the substance, effect or description thereof only be com municated or \r\nreceived; expressions referri ng to ob taining or retaining any sketch, plan, model, article, note or \r\ndocument, include the copying or causing to be copied of the whole or any part of any sketch, plan, \r\nmodel, article, note, or document ; and expressions referring to the communication of  any sketch, \r\nplan, model, article, note or document include the transfer or transmission of the sketch, plan, m odel, \r\narticle, note or document; \r\n \r\n1For Statement of Objects and Reasons, see Gazette of India, 1922, Pt. V, p. 210; and for Report of Select Committee, see ibid., 1923, Pt. V, \r\np. 61. \r\nFor temporary amendment of this Act during the continuance of war , and for a period of six months thereafter, see s. 6 of the Defence of \r\nIndia Act, 1939 (35 of 1939), since expired. \r\nThe Act has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), and applied in \r\nthe Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. \r\nThis Act has been extended to the Baluchistan States Union, see the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 \r\n(G.G.O. 4 of 1953), as amended by the Baluchistan States Union (Federal Laws) (Extension) (Second Amdt.) Order, 1953 (G.G.O. 19 of \r\n1953).  \r\nIt has also been extended to the Khairpur State, see G.G.O. 5 of 1953, as amended by G.G.O. 25 of 1953. \r\nIt has also been extended to the State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O. 11 of 1953), as \r\namended. \r\nThe Act has been and shall be deemed to have been brought into force  in Gwadur with effect from the 8 th September, 1958, by the Gwadur \r\n(Application of Central Laws) Ordinance, 1960 (37 of 1960), s. 2. \r\nThis Act has been applied with certain modifications to the Tribal Areas of West Pakistan by Regulation No. I of 1963, s. 2  and Sch. (with \r\neffect from the 30th December, 1964). \r\nFor notification of Procedure provided under this Act, see the Enemy Agents Ordinance, 1943 (1 of 1943).  \r\n2Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th October, 1955), for \r\n“the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”.  \r\n3Preamble omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II. \r\n4The word “Indian” omitted by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 3 and Sch II.  \r\n5Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th October, 1955), for \r\nsub-section (2) as amended by A.O., 1937, A.O., 1949 and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951). \r\n6Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty” (with effect from the 23rd March, 1956). \r\n7Cl. (1A) which was ins. by A.O., omitted by A.O., 1949. \r\n \r\nPage 4 of 14 \r\n \r\n             1[(2A) ‘appropriate Government’ means, in relation to matters enumerated in the 2[Federal \r\nLegislative List in the Fourth Schedule] to the Constitution, the 3[Federal Government] and, in relation to \r\nany other matter, the Provincial Government;] \r\n4[(3) “document” includes any written, unwritten, virtual, electronic, digital, or any other tangible \r\nor intangible instrument, and includes part of such document, the plans, measures, activities, contracts, \r\nagreements, memorandums, etc. related to procurements of supplies of or sales of munitions that relate to \r\nmilitary capability and potential and would be needed by the state in time of peace and war:] \r\n4[(3A) “intelligence agency” means, inter alia , the Directorate General o f Inter -Services \r\nIntelligence and Intelligence Bureau;] \r\n(4) “model” includes design, pattern and specimen ; \r\n4[(5) “Munitions of war” includes the whole or any part of any ship, submarine, aircraft, tank, \r\nvehicles or similar engine, arms and ammunition, tor pedo, or mine intended or adopted for use in war, \r\nand any other article, equipment, material, device or capability, system or platform including digital, \r\nphysical, virtual, electronic, vehicular use by the Armed Forces, whether actual or proposed, intended  for \r\nsuch use;] \r\n(6) “Office under 5[Government]” includes any office or employment in or under any department \r\nof the Government 6[* * *]; \r\n(7) “photograph” includes an undeveloped film or plate ; \r\n(8) “prohibited place” means \r\n(a)  any work of defence, arsenal naval, military or air force establishment 4[office, or \r\npart of building]  or station, mine, minefield, camp, ship or aircraft belonging to, \r\nor occupied by or on behalf of, 5[Government], any military telegraph or \r\ntelephone so belonging or occupied, any wireless or signal station or office so \r\nbelonging or occupied and any factory, dockyard or other place so belonging or \r\noccupied and used for the purpose of building, repairing, making or storing any \r\nmunitions of war, or any sketches, plans, models or documents relating thereto, or \r\nfor the purpose of getting any metals, oil or minerals of use in time of 4[peace \r\nand] war ; \r\n(b)  any place not belonging to 5[Government] where any munitions of war or any \r\nsketches, models, plans or documents relating thereto a re being made, repaired, \r\ngotten or stored under contract with, or with any person on behalf of, 5[Govern-\r\nment], or otherwise on behalf of 5[Government]; \r\n(c)  any place belonging to or used for the purpose of 5[Government] which is for the \r\ntime being decla red by the  7[appropriate Government], by notification 8 in the  \r\n9[official Gazette], to be a prohibited place for the purposes of this Act on the \r\nground that 4[any access, intrusion, approach, attack or]  information  with respect \r\n \r\n \r\n1Subsection (2A) ins. by A.O., 1964, Art. 2 and Sch.  \r\n2 Subs. by F.A.O., 1975, Art. 2 and Sch., for “Third Schedule”.  \r\n3Subs. ibid., Art. 2 and Table for “Central Government”.  \r\n4Subs. and Ins., by Act LXIII of 2023, s.2. \r\n5Subs. by A.O., 1961 Art. 2 and Sch., for “His Majesty” (with effect from the 23rd March, 1956).  \r\n6The words “or of the Government of the United Kingdom or of any British possession” omitted ibid., (with effect from the 23rd March, 1956). \r\n7Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “G.G. in C.”.  \r\n8For such notifin., see Gaz. of P., 1957, Ext., p. 1172; ibid., 1959, Pt. I, p 518 and ibid., 1960, Pt. I, p. 520.  \r\n9Subs. by A.O., 1937, for “Gazette of India”.  \r\n \r\nPage 5 of 14 \r\n \r\nthereto, or damage thereto, would be useful to an enemy, and to which a copy of \r\nthe notification in respect thereof has  been affixed in English and in the \r\nvernacular of the locality ; \r\n \r\n(d) any railway, road, way or channel  1[or any strategic infrastructure] , or other \r\nmeans of communication by land or water 1[or air] (including any works or \r\nstructures being part thereof or connected therewith) or any place used 1[for \r\nmodern communication means,] for gas, water or electricity works or other works \r\nfor purposes of a public character, or any place where any muni tions 1[related to \r\ndefence] of war or any sketches, models, plans, or documents relating thereto, are \r\nbeing made, repaired or stored otherwise than on behalf of 2[Government], which \r\nis for the time being declared3 by the 4[appropriate Government] by notification in \r\nthe 5[official Gazette], to be a prohibited place for the purposes of this Act on the \r\nground that information with respect thereto, or the destruction or obstruction \r\nthereof, or interference there with, would be useful to an enemy, and to which a \r\ncopy of the notification in respect thereof has been affixed in English and in the \r\nvernacular of the locality [:]6 \r\n7[Provided that where for declaring a prohibited place under sub-clause \r\n(c) or sub-clause (d) a notification in the official Gazette is not considered desir-\r\nable in the interest of the security of the State, such declaration may be made by \r\nan order a copy or notice of which shall be prominently displayed at the point of \r\nentry to, or at a conspicuous place near, the prohibited place.]. \r\n1[(e)  any place occupied by armed forces for the purpose of war games, e xercises, \r\ntraining, research and development, movement of troops, in camera briefings; \r\n(f)  any place, any land, building or a property situated in Pakistan or anywhere in the \r\nworld having physical or virtual custody or storage of protected information or an \r\nasset, the access to and use of which is prejudicial to the safety or interest of \r\nPakistan.] \r\n1[(8A) “Enemy” for the purposes of this Act means “any person who is directly or indirectly, \r\nintentionally working for or engaged with the foreign power, foreig n agent, Non -State Actor, \r\norganization, entity, association or group guilty of a particular act tending to show a purpose that is \r\nprejudicial to the safety and interest of Pakistan;] \r\n  \r\n(9) “sketch” includes any photograph or other mode of representing any place or thing ; 1[*] \r\n \r\n(10) “Superintendent of Police” includes any police officer of a like or superior rank, and any \r\nperson upon whom the powers of a Superintendent of Police are for the purposes of this Act conferred by \r\nthe 4[appropriate Government], 8[*    *    *] 1[;and] \r\n1[(11) “unauthorized access” means without authorization any physical, electronic, or virtual \r\naccess or contact, direct or  indirect, to a prohibited place, an information system, application, network, \r\ndata, processed or derived, or any  such document or resource or prohibited place which is not available \r\nfor access by general public.] \r\n \r\n1Ins. and omitted by Act LXIII of 2023, s.2. \r\n2Subs. by A.O., 1961 Art. 2 and Sch., for “His Majesty” (with effect from the 23rd March, 1956). \r\n3For such declaration see Gaz. of P., 1955, Pt. I, p. 43 and 383; and ibid., 1958, Pt. I, p. 1470.  \r\n4Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government” which had been subs. by A.O., 1937, for “G.G. in C.”.  \r\n5Subs. by A.O., 1937, for “Gazette of India”.  \r\n6Subs. by the Official Secrets (Amdt.) Act, 1966 (8 of 1966), s. 2, for semicolon.  \r\n7Proviso ins. ibid.  \r\n8The words “or by any L. G.” omitted by A.O., 1964, Act. 2. \r\n \r\nPage 6 of 14 \r\n \r\n1[3. Offence.— (1) A person shall commit an offence under this section If he intentionally \r\nfor any purpose prejudicial to public order, defence, safety or interests of the State,— \r\n(a) approaches, inspects, passes over or is in the vicinity of, or enters, attacks, \r\ndestroys or otherwise undermines any prohibited place; or \r\n(b) makes any sketch, pla n, model, or note which is calculated to be or might be \r\nor is intended to be, directly or indirectly, useful to an enemy; \r\n(c) obtains, collects, records or publishes or communicates to any other person \r\nany secret official code or password, or any electroni c or modern device, \r\nsketch, plan, model, article or note or other document or information, in any \r\nmanner whatsoever, which is calculated to be or might be or is intended to be, \r\ndirectly or indirectly, useful to an enemy of the State; \r\n(d) gains unauthorized access to document or information from within or outside \r\nof Pakistan with or without use of electronic or modern devices; \r\n(e) causes an unmanned vehicle or device to access, enter, inspect, pass over or \r\nunder, approach or be in the vicinity of a prohibited place; and \r\n(f) disclosure or retention of any activity, information, document, related to \r\ninvention, research, development, production, maintenance, operation, storage \r\nand disposal of weapons, equipment or any capability of these forces, and \r\naccess to or unauthorizedd disclosure of which is prejudicial to the safety and \r\ninterest of Pakistan.] \r\n \r\n(2) On a prosecution for an offence punishable under this section with imprisonment for a \r\nterm which may extend to four teen years, it shall not be necessary to sho w that the accused person \r\nwas guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the \r\nState, and, notwithstanding that no such act is proved against him, he may be con victed if, from the \r\ncircumstances of the case or his conduct or his known character as proved, it appears that his purpose \r\nwas a purpose prejudicial to the safety or interests of the State ; and if any sketch, plan, model, \r\narticle, note, document, or information relating to or used in any prohibit ed place, or relating to \r\nanything in such a 1[prohibited place, related to work of defence during peace or war by land, sea or \r\nair] place, or any secret official code or password is made, obtained, collected,  1[retained,] recorded, \r\npublished or communicate d by any person other than a person acting under lawful authority, and \r\nfrom the circumstances of the case or his conduct or his known character as proved it appears that his \r\npurpose was a purpose prejudicial to the safety or interests of the State, such sk etch, plan, model, \r\narticle, note, document or information shall be presumed to have been made, obtained, collected,  \r\n1[retained,] recorded, published or communicated for a purpose prejudicial to the safety or interests \r\nof the State. \r\n2[(3) A person guilty of an offence under this section shall be punishable, \r\n \r\n(a)  where the offence committed is intended or calculated to be, directly or \r\nindirectly, in the interest or for the benefit of 1[enemy], or is in relation to any \r\nwork of defence, 1[military] arsenal, naval, military or air force establishment \r\nor station, mine, minefield, factory, dockyard, camp, ship or aircraft  \r\n \r\n1Subs. and Ins. by Act LXIII of 2023, s.3. \r\n2Added by the Official Secrets (Amdt.) Act, 1966 (8 of 1966), s. 3.  \r\n \r\nPage 7 of 14 \r\n \r\nor otherwise in relation to the naval, military or air force affairs of Pakistan or in \r\nrelation to any secret official code, 1[with death, or] with imprisonment for a term \r\nwhich may extend to fourteen years; and \r\n \r\n(b)  in any other case, with imprisonment for a term which may extend to three years.] \r\n \r\n2[3A. Restriction against photographs, sketches, etc., of prohibited and notified areas. (1) No \r\nperson shall, except under the authority of a written permit granted by or on behalf of the 3[appropriate \r\nGovernment], make any photograph, sketch, plan, model, note or representation of any kind of any prohibited \r\nplace or of any other place or area 4[any document, work of defence, by using any digital, analogue or virtual \r\ndevice or means], notified by the 3[appropriate Government] as a place or area 4[any document, work of \r\ndefence, by using any digital, analogue or virtual device or means]  with regard to which such restriction \r\nappears to that Government to be expedient in the interests of the security of Pakistan, or of any part of or \r\nobject in any such place or area 4[any document, work of defence, by using any digital, analogue or virtual \r\ndevice or means]. \r\n(2) The 3[appropriate Government] may, by general or special order make provision for securing that \r\nno photograph, sketch, plan, model, note or representation of any kind made under the authority of a permit \r\ngranted in pursuance of subsection (1) shall be published unless and until the same has been submitted to and \r\napproved by such authority or person as may be specified in the order, and may retain or destroy or otherwise \r\ndispose of anything so submitted. \r\n \r\n(3) If any person contravenes any of the provisions of this section, he shall be punished with \r\nimprisonment for a term which may extend to three years or with fine or with both. \r\n \r\n(4) The 5[Federal Government] may by 6notification in the official Gazette empower any Provincial \r\nGovernment to exercise all or any of the powers exercisable by the 5[Federal Government] under this section, \r\nor under sub-clause (c) or sub-clause (d) of clause (8) of section 2, or under clause (10) of that section.] \r\n4[4. Communications with enemy or foreign agents to be evidence of commission of certain \r\noffence.__] (1) In any proceedings against a person for an offence under section 3, the fact that he has been in \r\ncommunication with, or attempted to communicate with, a foreign agent, whether within or without \r\n7[Pakistan], shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety or \r\ninterests of the State, obtained or attempted to obtain information which is calculated to be or might be, or is \r\nintended to be, directly or indirectly, useful to an enemy. \r\n4[(2) For the purpose of this section, but without prejudice to the generality of the foregoing \r\nprovision,— \r\n(a) a person may b e presumed to have been in communication with enemy or a foreign \r\nagent if— \r\n(i) Knowingly he has, either within or without Pakistan visited the address of a \r\nforeign agent or consorted or associated with enemy or a foreign agent; or \r\n \r\n \r\n1Ins. by the Official Secrets (Amdt.) Act, 1968 (8 of 1968), s. 2. \r\n2S. 3A ins. by the Official Secrets (Amdt.) Act, 1956 (10 of 1956), s. 2.  \r\n3Subs. by A.O., 1964, Art. 2 and Sch., for “Central Govt.”.  \r\n4Ins. and Subs. by Act LXIII of 2023, s.4-5 \r\n5Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.  \r\n6For notifin. empowering the Provincial Governments, the Chief Commissioner of Karachi and the Agent to the Governor General and Chief   \r\nCommissioner in Baluchistan to exercise the powers exercisable by Central Government under this section and under cls. (c) and (d) of subsection (8)  \r\nof section (2) and subsection (10) of section 2, see Gaz. of P., 1955, Ext., pp 1019, 1338 and 1470.  \r\n7Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A.O. 1949, for “British India”. \r\n \r\n \r\nPage 8 of 14 \r\n \r\n(ii) he either within or without Pakistan, has in possession the name or \r\naddress of, an enemy  or any other information regarding, an enemy \r\nforeign agent has been obtained by him from any other person; \r\n(b)  the expression “enemy or foreign agent” includes any person who is or has \r\nbeen or in respect of whom it appears that there are reasonable groun ds for \r\nsuspecting him of being or having been employed by, an enemy either directly \r\nor indirectly, for the purpose of committing an act, either within or without \r\nPakistan, prejudicial to the safety or interests of the State, or who has or is \r\nreasonably suspected of having, either within or without Pakistan, committed, \r\nor attempted to commit, such an act in the interests of or an enemy; \r\n(c) any address, whether within or without Pakistan, in respect of which it appears \r\nthat there are reasonable grounds for suspecting it of being an address used for \r\nthe receipt of communications intended for an enemy or a foreign agent; or \r\nany address at which an enemy or a foreign agent resides, or to which he \r\nresorts for the purpose of giving or receiving communications, or at which he \r\ncarries on any business, may be presumed to be the address of an enemy or a \r\nforeign agent, and communications addressed to such  an address to be \r\ncommunications with an enemy or a foreign agent.] \r\n5. Wrongful communication, etc., of information.(1) If any person having in his \r\npossession or control any secret official code or password or any sketch, plan, model, article, note, \r\ndocument or information which relates to or is used in a prohibited place 1[or relates to the activities \r\nof Armed Force s during peace and war]  or relates to anything in such a place, or which has been \r\nmade or obtained in contravention of this Act, or which has been entrusted in confidence to him by \r\nany person holding office under 2[Government], or which he has obtained 1[or retained] or to which \r\nhe has had access owing to his position as a person who holds or has held office under \r\n2[Government], or as a person who holds or has held a contract made on behalf of 2[Government], or \r\nas a person who is or has been employed under a person who holds or has held such an office or \r\ncontract— \r\n \r\n(a)  wilfully communicates the code or password, sketch, plan, model, article, \r\nnote, document or information to any person other than a person to whom he \r\nis authorised to communicate it, or a Court of Justice or a person to whom it is, \r\nin the interests of the State, his duty to communicate it ; or \r\n \r\n(b)  uses the information in his possession for the benefit of any 1[enemy] or in \r\nany other manner prejudicial to the safety of the State ; or \r\n \r\n(c)  retains the sketch, plan, model, article, note or document in his possession or \r\ncontrol when he has no right to retain it, or when it is contrary to his duty to \r\nretain it, or wilfully fails to comply with all directions issued by lawful \r\nauthority with regard to the return or disposal thereof ; or \r\n(d)  fails to take reasonable care of, or so conducts himself as to endanger the \r\nsafety of, the sketch, plan, model, article, note, document, secret official code \r\nor password or information ; \r\n \r\n1Ins. by Act LXIII of 2023, s.6. \r\n2Subs. by A.O., 1961, Art. 2, for “His Majesty” (with effect from the 23rd March, 1956). \r\n \r\n \r\nPage 9 of 14 \r\n \r\nhe shall be guilty of an offence under this section. \r\n \r\n(2) If any person voluntarily receives any secret official code or password or any sketch, plan, \r\nmodel, article, note, document or information knowing or having reasonable ground to believe, at the \r\ntime when he receives it, that the code, password, sketch, plan, model, article, note, document or \r\ninformation is communicated in contravention of this Act, he shall be guilty of an offence under this \r\nsection. \r\n \r\n1[(3) A person guilty of an offence under this section shall be punishable, \r\n \r\n(a)  where the offence committed is a contravention of clause (a) of sub-section \r\n(1) and intended or calculated to be, directly or indirectly, in the interest or for \r\nthe benefit of a foreign power, or is in relation to any work of defence, arsenal, \r\nnaval, military or air force establishment or station, mine, mine-field, factory, \r\ndockyard, camp, ship or aircraft or otherwise in relation to the naval, military \r\nor air force affairs of Pakistan or in relation to any secret official code, 2[with \r\ndeath, or] with imprisonment for a term which may extend to fourteen years ; \r\nand \r\n \r\n(b)  in any other case, with imprisonment for a term which may extend to two \r\nyears, or with fine, or with both.] \r\n \r\n6. Unauthorized use of uniforms; falsification of reports, forgery, personation and false \r\ndocuments.(1) If any person for the purpose of gaining admission or of assisting any other person \r\nto gain admission to a prohibited place or for any other purpose prejudicial to the safety of the \r\nState \r\n \r\n(a)  uses or wears, without lawful authority, any naval, military, air force, police or \r\nother official uniform, or any uniform so nearly resembling the same as to be \r\ncalculated to deceive, or falsely represents himself to be a person who is or has \r\nbeen entitled to use or wear any such uniform ; or \r\n \r\n(b)  orally, or in writing in any declaration or application, or in any document \r\nsigned by him or on his behalf, knowingly makes or connives at the making of \r\nany false statement or any omission ; or \r\n \r\n(c)  forges, alters, or tampers with any passport or any naval, military, airforce, \r\npolice, or official pass, permit, certificate, licence, or other document of a \r\nsimilar character (hereinafter in this section referred to as an official \r\ndocument) or knowingly uses or has in his possession any such forged, altered, \r\nor irregular official document ; or \r\n \r\n(d)  personates, or falsely represents himself to be, a person holding, or in the \r\nemployment of a person holding office under 3[Government], or to be or not to \r\nbe a person to whom an official document or secret official code or password \r\nhas been duly issued or communicated, or with intent to obtain an official \r\ndocument, secret official code or password, whether for himself or any other \r\nperson, knowingly makes any false statement ; or \r\n \r\n1Subs. by the Official Secrets (Amdt.) Act, 1966 (8 of 1966)., s. 4. for subsections (3) and (4).  \r\n2Ins. by the Official Secrets (Amdt.) Act, 1968 (8 of 1968), s. 3.  \r\n3Subs. by A.O., 1961, Art, 2, for “His Majesty” (with effect from the 3rd March, 1956). \r\n \r\nPage 10 of 14 \r\n \r\n(e)  uses, or has in his possession or under his control, without the authority of the \r\ndepartment of the Government or the authority concerned, any die, seal or \r\nstamp of or belonging to, or used, made or provided by, any department of the \r\nGovernment, or by any diplomatic, naval, military or air force authority \r\nappointed by or acting under the authority of 1[Government], or any die, seal \r\nor stamp so nearly resembling any such die, seal or stamp as to be calculated \r\nto deceive, or counterfeits any such die, seal or stamp, or knowingly uses, or \r\nhas in his possession or under his control, any such counterfeited die, seal or \r\nstamp,  \r\n \r\nhe shall be guilty of an offence under this section. \r\n \r\n(2) If any person for any purpose prejudicial to the safety of the State \r\n \r\n(a)  retains any official document, whether or not completed or issued for use, \r\nwhen he has no right to retain it, or when it is contrary to his duty to retain it, \r\nor wilfully fails to comply with any directions issued by any department of the \r\nGovernment or any person authorised by such department with regard to the \r\nreturn or disposal thereof ; or \r\n \r\n(b)  allows any other person to have possession of any official document issued for \r\nhis use alone, or communicates any secret official code or password so issued, \r\nor, without, lawful authority or excuse, has in his possession any official \r\ndocument or secret official code or password issued for the use of some person \r\nother than himself, or, on obtaining possession of any official document by \r\nfinding or otherwise, wilfully fails to restore it to the person or authority by \r\nwhom or for whose use it was issued, or to a police officer ; or \r\n \r\n(c) without lawful authority or excuse, manufactures or sells, or has in his \r\npossession for sale, any such die, seal or stamp as aforesaid ; \r\n \r\nhe shall be guilty of an offence under this section. \r\n \r\n(3) A person guilty of an offence under this section shall be punishable with imprisonment \r\nfor a term which may extend to two years, or with fine, or with both. \r\n(4) The provisions of sub-section (2) of section 3 shall apply, for the purpose of proving a \r\npurpose prejudicial to the safety of the State, to any prosecution for an offence under this section \r\nrelating to the naval, military or air force affairs of 1[Government], or to any secret official code in \r\nlike manner as they apply, for the purpose of proving a purpose prejudicial to the safety or interests \r\nof the State, to prosecutions for offences punishable under that section with imprisonment for a term \r\nwhich may extend to fourteen years. \r\n2[6A. Unauthorized disclosure of identities, etc .— (1) A person shall commit an offence \r\nwho intentionally acting in any manner prejudicial to public order, safety, interests or defence of \r\nPakistan, or any part thereof, discloses in such a manner that exposes the identity of such undisclosed \r\npersons in any manners the identity of the members of the intelligence agencies, or the informants or \r\nsources thereof. \r\n1Subs. by A.O., 1961, Art. 2, for “His Majesty” (with effect from the 23rd March, 1956).  \r\n2Ins. by Act LXIII of 2023, s.7. \r\n \r\nPage 11 of 14 \r\n \r\n(2) Whoever commits an offence under sub -section (1) shall be liable to punishment of \r\nimprisonment for a term which may extend to three years, or with fine which may extend to one \r\nmillion rupees, or with both. \r\n(3) Any person who abets, incites, con spires or attempts to commit the offence under sub -\r\nsection (1) shall be liable to the same punishment provided for under sub-section (2).] \r\n7. Interfering with officers of the Police or members of the armed forces of \r\nPakistan.(1) No person in the vicinity  of any prohibited place shall obstruct, knowingly mislead \r\nor otherwise interfere with or im pede, any police officer, or any member of 1[the armed forces of \r\nPakistan] engaged on guard, sentry, patrol, or other similar duty in relation to the prohibited place. \r\n(2) If any person acts in contravention of the provisions of this section, he shall be punishable \r\nwith imprisonment which may extend to two years, or with fine, or with both. \r\n8. Duty of giving information as to commission of offences.(1) It shall be the duty of \r\nevery person to give on demand to a Superintendent of Police, or other police officer not below the \r\nrank of Inspector, empowered by an Inspector-General 2[*  *  *] in this behalf, or to any member of \r\n1[the armed forces of Pakistan] engaged on guard, sentry, patrol or other similar duty, any \r\ninformation in his power relating to an offence or suspected offence under section 3 or under section \r\n3 read with section 9 and, if so required, and upon tender of his reasonable expenses, to attend at \r\nsuch reasonable time and place as may be specified for the purpose of furnishing such information. \r\n(2) If any person fails to give any such information or to attend as aforesaid, he shall be \r\npunishable with imprisonment which may extend to two years, or with fine, or with both. \r\n3[9. Attempts, incitements, etc. — Any person who incites to commit, conspires to commit, \r\nattempts to commit, aids or abets the commission of an offence under this Act shall be punishable \r\nwith the same punishment, and be liable to be proceeded against in the same manner as if he had \r\ncommitted such offence.] \r\n10. Penalty for harbouring spies.(1) If any person knowingly harbours any person whom \r\nhe knows or has reasonable grounds for supposing to be a person who is about to commit or who has \r\ncommitted an offence under section 3 or under section 3 read with section 9 or knowingly permits to \r\nmeet or assemble in any premises in his occupation or under his control any such persons, he shall be \r\nguilty of an offence under this section. \r\n(2) It shall be the duty of every person having harboured any such person as aforesaid or \r\npermitted to meet or assemble in any premises in his occupation or under his control any such \r\npersons as aforesaid, to give on demand to a Superintendent of Police or other police officer not \r\nbelow the rank of Inspector empowered by an Inspector-General 2[* * *] in this behalf, any informa-\r\ntion in his power relating to any such person or persons, and if any person fails to give any such \r\ninformation, he shall be guilty of an offence under this section. \r\n(3) A person guilty of an offence under this section shall be punishable with imprisonment \r\nfor a term which may extend to one year, or with fine, or with both. \r\n \r\n1Subs. by A.O., 1961, Art. 2 and Sch. for “His Majesty’s forces” (with effect from the 23rd March, 1956).  \r\n2The words “or Commissioner of Police” omitted by A.O., 1949.  \r\n3Ins. by Act LXIII of 2023, s.8. \r\n \r\nPage 12 of 14 \r\n \r\n11. Search Warrants.(1) If a 1[* * *] , Magistrate of the first class 2[* * *] is satisfied, by \r\ninformation on oath that there is reasonable ground for suspecting that an offence under this Act has \r\nbeen or is about to be committed, he may grant a search-warrant authorising any police officer \r\nnamed therein, not being below the rank of an officer in charge of a police station, to enter at any \r\ntime any premises or place named in the warrant, if necessary, by force, and to search t he premises \r\nor place and every person found therein, and to seize any sketch, plan, model, article, note or \r\ndocument, or anything of a  like nature, or anything which is evidence of an offence under this Act \r\nhaving been or being about to be committed which he may find on the premises or place or any such \r\nperson, and with regard to or in connection with which he has reasonable ground for suspecting that \r\nan offence under this Act has been or is about to be committed. \r\n(2) Where it appears to a police officer, n ot being below the rank of Superintendent, that the \r\ncase is one of great emergency, and that in the interests of the State immediate action is necessary, he \r\nmay by a written order under his hand give to any police officer the like authority as may be given by \r\nthe warrant of a Magistrate under this section. \r\n(3) Where action has been taken by a police officer under sub -section (2) he shall, as soon as \r\nmay be, report such action, 1[* * *] to the 2[Magistrate of the first class having jurisdiction]. \r\n12. Power to arrest. 3[(1)] Notwithstanding anything in the Code of Criminal Procedure, \r\n1898 (V of 1898),— \r\n(a) 4[*  *  *  * *  *  *] \r\n5[(b)  an offence under this Act, other than an offence punishable with imprisonment \r\nfor a term which may extend to 3[ten] years, shall be a cognizable and bailable \r\noffence ; and]. \r\n6[(c)  any member of the armed forces of Pakistan 3[or an intelligence agency] may, \r\nwithout an order from a Magistrate and without a warrant, arrest, in or in the \r\nvicinity of a prohibited place, any person who has be en concerned in an \r\noffence under section 3, or under section 3 read with section 9, or under clause \r\n(a) or clause (b) of sub -section (1) of section 5, or under clause (a) of \r\nsub-section (1) of section 6, or against whom a reasonable complaint has been \r\nmade or credible information has been re ceived, or a reasonable suspicion \r\nexists of his having been so concerned, and shall without unnecessary delay \r\ntake or send the person arrested before a Magistrate having jurisdiction in the \r\ncase or before an officer in charge of a police -station, and thereupon the \r\nprovisions of the said Code 3[shall be] applicable in respect of a person who, \r\nhaving been arrested without warrant, has been taken or sent before a \r\nMagistrate or before an officer in charge of a police -station shall apply to \r\nhim.] \r\n \r\n1The words “Presidency Magistrate” omitted by A.O., 1949.  \r\n2Omitted by Ord. 68 of 2002, s. 2. \r\n3Re-numbered, Subs. and Ins. by Act LXIII of 2023, s.9-10. \r\n4Clause (a) omitted by the Official Secrets (Amdt.) Act, 1968 (8 of 1968), s. 5.  \r\n5Subs. ibid., for clause (b), which was previously amended by Act 13 of 1952, s. 2 to read as above.  \r\n6Subs. by the Official Secrets (Amdt.) Act, 1967 (15 of 1967), s. 2, for clause (c).  \r\n \r\nPage 13 of 14 \r\n \r\n1[(2) The material seized during arrest of an accused by an arresting officer shall be handed over \r\nby him to the investigating officer or the head of the Joint Investigating Team as the case may be and the \r\nsame shall be admissible in evidence.] \r\n1[12A. Investigation etc.— (1) An investigating officer under this Act shall be an officer of the \r\nFederal Investigation Agency not below the rank of BPS -17 or equivalent. The said Officer shall be \r\ndesignated by the Director General, Federal Investigation Agency for the purposes of  investigation. If \r\nthe Director General, Feder al Investigation Agency deems necessary, he may constitute a Joint \r\nInvestigation Team, convened by such officer and consisting of such other officers of intelligence \r\nagencies as he may appoint. The Joint Investigation Team may co -opt any additional person from any \r\nFederal or Provincial institution or department as it deems appropriate for investigation: \r\nProvided that the offence relating to civil espionage shall be investigated by Federal Investigation \r\nAgency or Joint Investigation Team. \r\n(2) The investigati ng officer or the JIT, as the case may be, shall complete the investigation in \r\nrespect of cases triable by the Court established or designated under section 13 within thirty working \r\ndays. The report under section 173 of the Code shall be signed and forward ed by the investigating officer \r\nappointed under sub-section (1) through public prosecutor to the court.] \r\n  13. Restriction on trial of offences.2[(1) No Court 3[inferior to] that of a Magistrate of the \r\nfirst class specially empowered in this behalf by the appropriate Government shall try any offence under \r\nthis Act.] \r\n(2) If any person under trial before a Magistrate for an offence under this Act at any time before a \r\ncharge is framed claims to be tried by the Court of Session, the Magistrate shall, if he does not discharge \r\nthe accused, commit the case for trial by that Court, notwithstanding that it is not a case exclusively \r\ntriable by that Court. \r\n(3) No Court shall take cognizance of any offence under this Act unless upon complaint made by \r\norder of, or under authority from, the 4[appropriate Government] 5[* * *] or some officer empowered by \r\nthe 4[appropriate Government] in this behalf: \r\nProvided that a person charged with such an offence may be arrested, or a warrant for his arrest \r\nmay be issued and executed, and any such person may be remanded in custody or on bail, \r\nnotwithstanding that such complaint has not been made, but no further or other proc eedings shall be \r\ntaken until such complaint has been made. \r\n(4) For the purposes of the trial of a person for an offence under this Act, the offence may be \r\ndeemed to have been commit ted either at the place in which the same actually was committed or at an y \r\nplace in 6[Pakistan] in which the offender may be found. \r\n7[*   *   *   *   *   *   *] \r\n1Added and Ins. by Act LXIII of 2023, s.9-10 \r\n2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for sub section (1), which was previously \r\namended by various enactments.  \r\n3Subs. by Ord. 68 of 2002, s. 3. \r\n4Subs. by A.O., 1937, for “G.G. in C.”. \r\n5The words “the L.G.” rep., ibid.  \r\n6Subs. by the Central Laws (Statue Reform) Ordinance , 1960 (21 of 1960), s. 3 and 2 nd Sch. ( with eff ect from the 14 th October, 1955 ), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”.  \r\n7Subsection (5) which was ins. by A.O., 1937, omitted by A.O., 1964, Art. 2 and Sch.  \r\n \r\nPage 14 of 14 \r\n \r\n1[(6) The 2[appropriate Government] may, if it thinks fit, by general or special order direct \r\nthat the procedure for the trial of an offence 3[under section 3, or under section 3 read with section 9, \r\nor under clause (a) or clause (b) of sub -section (1) of section 5, or] under clause (a) of sub-section (l) \r\nof section 6 shall be that prescribed for offences under the Enemy Agents Ordi nance, 1943 (Ord. I of \r\n1943), or under the Pakistan Criminal Law, Amendment Act, 4[1958 (XL of 1958)]. \r\n14. Exclusion of public from proceeding s.In addition and without prejudice to any \r\npowers which a Court may possess to order the exclusion of the public from any proceedings if, in \r\nthe course of proceedings before a Court against any person for an offence under this Act or the \r\nproceedings on appeal, or in the course of the trial of a person under this Act, application is made by \r\nthe prosecution, on the ground that the publication of any evidence to be given or of any statement to \r\nbe made in the course of the proceedings would be prejudicial to th e safety of the State, that all or \r\nany portion of the public shall be excluded during any part of the hearing, the Court may make an \r\norder to that effect, but the passing of sentence shall in any case take place in public. \r\n15. Offences by companies, etc. Where the person guilty of an offence under this Act is a \r\ncompany or corporation, every director and officer of the com pany or corporation with whose \r\nknowledge and consent the offence was committed shall be guilty of the like offence. \r\n5[16. Power to ma ke rules. — The Federal Government may make rules to carry  out the \r\npurposes and objects of this Act.] \r\n \r\n \r\n \r\n \r\n \r\n_______________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n         Last Uploaded on 20.09.2023 \r\n \r\n \r\n \r\n1Subsection (6) ins by the Official Secrets (Amdt.) Act, 1952 (13 of 1952), s. 3.  \r\n2Subs. by A.O., 1964, Art. 2 and Sch., for “Central Government”.  \r\n3Subs. by the Official Secrets (Amdt.) Act, 1967 (15 of 1967), s. 3, for “mentioned in clause (a) of section 12 or an offence”.  \r\n4Subs. ibid., for “1948”. \r\n5Ins. by Act LXIII of 2023, s.11.",
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