section 3
Penalty for wrongful communication etc. of information
The Jammu and Kashmir State Official Secrets Act, 1920Criminal19208 sections
Statutory text
(1)
- (a) Where a person for the purpose of wrongfully obtaining information enters or is in any part of the premises of any office of the State and either obtains or attempts to obtain any document or copy thereof or knowledge of any military or civil affairs of 2[the Government] which he is not entitled to obtain ;
- (b) where a person knowingly having possession of or control over any document or knowledge as has been obtained or taken by means of any act which constitutes an offence against this Act at any time wilfully and without lawful authority communicates or attempts to communicate the same to any person to whom the same ought not in the public interest to be communicated at that time ; or
- (c) where a person after having been entrusted in confidence with any document or information relating to the military or civil affairs of the State wilfully and in breach of such confidence communicates the same, when in the public interest it ought not to be communicated ; or
- (d) where a person by means of his holding or having held an office under the State has lawfully or unlawfully either obtained possession of or control over any document or acquired any information and at any time corruptly or contrary to his official duty communicates or att empts to communicate that document or information to any person to whom the same ought not in the public interest to be communicated at that time ; he shall be punished with imprisonment for a term which may extend to one year or with fine or with both.
- (2) Where a person commits any act specified in clause
- (a) of sub-section
- (1) without lawful authority or permission (the proof of which authority or permission shall be upon him) the court may presume that he has committed such act for the purpose of wrongfully obtaining information.
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