UPSC Prelims 2023 Q92: Official Secrets Act, Arms Act — Explained
With reference to India, consider the following pairs:
(Action : The Act under which it is covered)
1. Unauthorized wearing of police or military uniforms : The Official Secrets Act, 1923
2. Knowingly misleading or otherwise interfering with a police officer or military officer when engaged in their duties : The Indian Evidence Act, 1872
3. Celebratory gunfire which can endanger the personal safety of others : The Arms (Amendment) Act, 2019
How many of the above pairs are correctly matched?
- Only one
- Only two
- All three
- None
Answer: (b) Only two
Statement-wise explanation
- 1: correct — Section 6 of the Official Secrets Act, 1923 deals with 'unauthorised use of uniforms'. It punishes anyone who, without lawful authority, wears a naval, military, air force, police or other official uniform, or one close enough to deceive. The offence applies when this is done to get into a prohibited place or for any other purpose prejudicial to the safety of the State. The pair is correctly matched.
- 2: incorrect — This offence is also in the Official Secrets Act, 1923, under Section 7 ('interfering with officers of the police or members of the Armed Forces'). Section 7 bars any person near a prohibited place from obstructing, knowingly misleading or otherwise interfering with a police officer or a member of the Armed Forces on guard, sentry, patrol or similar duty. The Indian Evidence Act, 1872 created no such offence. It only set the rules of evidence (relevance, admissibility, burden of proof) and has since been replaced by the Bharatiya Sakshya Adhiniyam, 2023.
- 3: correct — The Arms (Amendment) Act, 2019 (Act No. 48 of 2019, dated 13 December 2019) added Section 25(9) to the Arms Act, 1959. It punishes using a firearm in a rash or negligent manner, or in celebratory gunfire, so as to endanger human life or the personal safety of others. The penalty is imprisonment up to two years, a fine up to ₹1 lakh, or both. The pair is correctly matched.
How to eliminate
You need two facts to solve this. With basic knowledge you can still narrow it down. Pair 2 is the weakest. An Evidence Act sets the rules of proof in court: what is relevant, what is admissible, who must prove what. It does not create offences like obstructing a police officer, so pair 2 can be marked wrong. That rules out 'All three'. Pair 3 is easy to remember if you followed the news: the 2019 amendment to the Arms Act was widely reported for making celebratory firing a crime and cutting the licensed-firearm limit from three to two. That leaves 'Only one' or 'Only two', and pair 1 decides it. One clue helps. Pair 2 combines 'police or military officer' with 'interfering', and that is the language of a security law. When two of the actions concern uniforms and security personnel, check whether the same statute covers both. Here it does: Sections 6 and 7 of the Official Secrets Act, 1923. Fact to remember: OSA s.3 covers spying, s.5 wrongful communication of information, s.6 unauthorised use of uniforms and forged documents, and s.7 interfering with police or Armed Forces near a prohibited place.
Know more
The Official Secrets Act, 1923 (OSA) covers more than spying. It is a colonial-era law that is still in force. It protects 'prohibited places' (defence works, arsenals, notified installations) and the people who guard them.
| Section | What it covers |
|---|---|
| s.3 | Spying: approaching or entering a prohibited place, or collecting or passing on secret information useful to an enemy |
| s.5 | Wrongful communication of official information |
| s.6 | Unauthorised use of uniforms; falsifying reports; forging or tampering with passports, permits and official documents |
| s.7 | Obstructing, knowingly misleading or impeding police or Armed Forces personnel on duty near a prohibited place |
| s.8 | Duty to give information about offences to the police |
| s.9 | Attempts and incitement punished like the offence itself |
The Arms (Amendment) Act, 2019 amended the Arms Act, 1959. It was passed by the Lok Sabha on 9 December and the Rajya Sabha on 10 December 2019.
- Licensed firearms allowed per person cut from three to two.
- Licence validity raised from three to five years.
- Celebratory gunfire that endangers life or personal safety made an offence under s.25(9): up to 2 years, ₹1 lakh fine, or both.
- New offences carrying 10 years to life: snatching firearms from police or armed forces, illegal trafficking, and possession of illegal firearms by organised crime syndicates.
Procedural law vs. offence-creating law. The Indian Evidence Act, 1872 was a procedural law about proof. Like the CrPC, it created no offences. In 2023 Parliament replaced the IPC, CrPC and Evidence Act with the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam, which took effect on 1 July 2024. When a pair links an action to an evidence law, be suspicious.
NCERT Concepts to Revise
- Official Secrets Act 1923: Pairs 1 and 2 both name actions involving uniforms and security personnel, so you need to know what the Official Secrets Act covers.
- Bharatiya Sakshya Adhiniyam 2023: Pair 2 cites the Indian Evidence Act, 1872. Knowing what an evidence law does, now under the BSA, helps you test that pairing.