Section 3:
Penalties for spying.
(1) If any person for any purpose prejudicial to the safety or
interests of the State--
(a) approaches, inspects, passes over or is in the vicinity of, or enters, any prohibited
place; or
(b) makes any sketch, plan, model, ornote which is calculated to be or might be or
is intended to be, directly or indirectly, useful to an enemy; or
(c) obtains, collects, records or publishes or communicates to any other person any secret official
code or pass word, or any sketch, plan, model, article or note or other document or information which
is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy 1[or
which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of
India, the security of the State or friendly relations with foreign States];
he shall be punishable with imprisonment for a term which may extend, where the offence is committed
in relation to any work of defence, arsenal, naval, military or air force establishment or station, mine,
minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air
force affairs of Government or in relation to any secret official code, to fourteen years and in other cases
to three years.
(2) On a prosecution for an offence punishable under this section 2***, it shall not be necessary to
show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the
safety or interests of the State, and, notwithstanding that no such act is proved against him, he may be
convicted if, from the circumstances of the case or his conduct or his known character as proved, it
appears that his purpose was a purpose prejudicial to the safety or interests of the State; and if any sketch,
plan, model, article, note, document, or information relating to or used in any prohibited place, or relating
to any thing in such a place, or any secret official code or pass word is made, obtained, collected,
recorded, published or communicated by any person other than a person acting under lawful authority,
and from the circumstances of the case or his conduct or his known character as proved it appears that his
purpose was a purpose prejudicial to the safety or interests of the State, such sketch, plan, model, article,
note, document, 3[information, code or pass word shall be presumed to have been made], obtained,
collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of the
State.
Notes:
1. Ins. by Act 24 of 1967, s. 4.
2. The words with imprisonment for a term which may extend to fourteen years omitted by s. 4, ibid.
3. Subs. by s. 4, ibid., for "or information shall be presumed to have been made".