ISLAMABAD – The National Assembly on Tuesday passed a bill to amend the Official Secrets Act 1923, proposing up to a three-year jail term for those found involved in anti-state activities.
Parliamentary Affairs Minister Murtaza Javed Abbasi tabled the bill titled “Official Secrets (Amendment) Bill, 2023”, in the assembly.
According to the Statement of Objects and Reasons of the bill, it is imperative to amend the Official Secrets Act 1923 and make it more effective in view of the changing social milieu to ensure the safety and security of official documents.
The bill proposes addition of Section 6A, according to which, a person “shall commit an offence who intentionally acting in any manner prejudicial to public order, safety, interests or defence of Pakistan, or any part thereof, discloses in such a manner that exposes the identity of such undisclosed persons in any manners the identity of the members of the intelligence agencies, or the informants or sources thereof”.
Those who commit an offence will face imprisonment of up to three years or a fine which may extend to Rs1 million or both.
The bill also proposed an amendment to Section 3 which suggests that a person shall commit an offence under this section if he intentionally for any purpose prejudicial to public order, defence, safety or interests of the State:
- Approaches, inspects, passes over or is in the vicinity of, or enters, attacks, destroys or otherwise undermines any prohibited place;
- Makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy;
- Obtains, collects, records or publishes or communicates to any other person any secret official code or password, or any electronic or modem device, sketch, plan, model, article or note or other document or information, in any manner whatsoever, which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy of the State;
- Gains unauthorised access to document or information from within or outside of Pakistan with or without use of electronic or modem devices;
- Causes an unmanned vehicle or device to access, enter inspect pass over or under, approach or be in the vicinity of a prohibited place:
- Disclosure or retention of any activity, information, document, related to invention, research, development, production, maintenance, operation, storage and disposal of weapons, equipment or any capability of these forces, and access to or unauthorized disclosure of which is prejudicial to the safety and interest of Pakistan.”
The bill also suggests inserting a new clause 8A, according to which, “any person who is directly or indirectly, intentionally or unintentionally working for or engaged with the foreign power, foreign agent, Non-State Actor, organisation, entity, association or group guilty of a particular act tending to show a purpose that is prejudicial to the safety and interest of Pakistan”.
It also proposed substituting Section 9 (attempts or incitement to offences), by stating that anyone who “incites, conspires, attempts, aids or abets the commission of an offence would be punished with the same penalty and liable to be proceeded against in the same manner as if they had committed the offence”.
Another insertion of Section 12A said that “An investigating officer under this Act shall be an officer of the Federal Investigating Agency not below the rank of BPS-17 or equivalent.”
