Communications with foreign agents to be evidence of commission of certain offences
Section 4 of the Official Secrets Act, 1923 deals with communications with foreign agents to be evidence of commission of certain offences. In any proceedings against a person for an offence under section 3, the fact that he has been in communication with, or attempted to communicate with a foreign agent, whether within or without [India], shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety The Act came into force on 02 Apr 1923.
(1) In any proceedings against a person for an offence under section 3, the fact that he has been in communication with, or attempted to communicate with a foreign agent, whether within or without 1[India], shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety or interests of the State, obtained-or attempted to obtain information which is calculated to be or might be, or is intended to be, directly or indirectly, useful to any enemy.
(2) For the purpose of this section, but without prejudice to the generality of the foregoing provision,
(a) a person may be presumed to have been in communication with a foreign agent if--
(i) he has, either within or without 1[India]; visited the address of a foreign agent or consorted or associated with a foreign agent, or
(ii) either within or without 1India], the name or address of, or any other information regarding, a foreign agent has been found in his possession, or has been obtained by him from any other person;
(b) the expression "foreign agent" includes any person who is or has been or in respect of whom it appears that there are reasonable grounds for suspecting him of being or having been employed by a foreign power, either directly or indirectly, for the purpose of committing an act, either within or without 1[India], prejudicial to the safety or interests of the State, or who has or is reasonably suspected of having, either within or without 1[India], committed, Or attempted to commit, such an act in the interests of a foreign power;
(c) any address, whether within or without 1[India], in respect of which it appears that there are reasonable grounds for suspecting it of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, may be presumed to be the address of a foreign agent, and communications addressed to such an address to be communications with a foreign agent.
Section 4, The Official Secrets Act, 1923 (Act 19 of 1923).
Cross-references
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Questions about Section 4
What does Section 4 of the Official Secrets Act deal with?
Section 4 of the Official Secrets Act is headed "Communications with foreign agents to be evidence of commission of certain offences". In any proceedings against a person for an offence under section 3, the fact that he has been in communication with, or attempted to communicate with a foreign agent, whether within or without [India], shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety
How do I find court cases under Section 4 of the Official Secrets Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Official Secrets Act 1923 4, section 4 Official Secrets Act 1923, section 4 of the Official Secrets Act. People searching for it also type official secrets act 1923 section 4 and 3 4 5 official secrets act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 4 of the Official Secrets Act, and has it changed?
Its own text turns on section 3 (Penalties for spying), so none of them can safely be read on its own.
When did Section 4 of the Official Secrets Act come into force?
Section 4 of the Official Secrets Act, cited as Official Secrets Act 1923 4, came into force on 02 Apr 1923, having been enacted on 02 Apr 1923. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.