Intelligence Study and National Security
Intelligence Study and National Security
&
National Security
(UNIT-I)
(Master 20015-16)
Contents
Obviously not to provide training in actual intelligence tradecraft (best left to
the national intelligence and security community itself)
To contribute to the building of public knowledge about the mandates,
strategies, structures and functioning of intelligence and security
organisations: historically and contemporaneously
Student career option in the intelligence offices, interest to work elsewhere in
government or the public sector, education and research, media, civil society
organisations, legal profession or in the private sector
Educational purview for aspiring intelligence analysts
Technical and science students can work in technical fields (protection of critical
Contd...
Univ do not themselves have political decision-making power and although they are
not major economic powers in their own right, nonetheless they do exert a powerful
influence on decision-makers and on students who will become decision-makers
Conc e pt of Int e l St udies
what forms of subversion and covert actions are most suitable for
achieving foreign policy objectives
Histor y of Int el
Monitored political organizations and their publications, religious sects and their
doctrines, the movements of criminals, the state of public opinion, illegal trade in
firearms, the availability of food and water, and inter-regional migration patterns
In 1903, the Central Special Branch was strengthened and renamed as the
Department of Criminal Intelligence (DCI);political and criminal surveillance;
Secretary of State refused to sanction posts for Hindu or Muslim analysts in the DCI;
British officer to headed the Department
Two-tiered intel system, with Indians producing information and Britons evaluating
it
8 July 1875 the Home Department issued a Resolution that an official could become a correspondent
for a newspaper only after obtaining permission from his office
3 June 1885 the Home Department issued another Resolution- stated that the Viceroy had noticed that
information of a confidential nature frequently appeared in newspapers
Indian Fortifications Act, 1888-to prevent unauthorised entry and making of sketches of Military and
Naval stations
In September 1889 the Official Secrets Act was passed in Britain
As it was unsuitable to the Indian legal system, the Indian Official Secrets Act (Act XIV) of 1889 was
passed by the Viceroy’s Executive Council on 17 October 1889
Official Secrets Act (contd)
The Indian Official Secrets (Amendment) Act, 1904
January 1904 the Bill was sent to a Select Committee, several members,
including GK Gokhale; Pandit Madan Mohan Malaviya wrote a strong
letter of protest against the Bill
The Act applicable with Indian along with previous 1889/1904 OSA
Karachi incident and Indian Magistrate release as act of espionage was not an
offence in Indian Act unless committed by the employee
In July 1914 Army insisted Home Dept for similar British laws and after
approval of Viceroy Harding , letter was sent to Secretary of State in London
for approval; January 1915 response received from Secretary and not favoured
Again 1916 and 1919 pushed the draft to Viceroy again declined
Again in 1920 a new OSA was enacted in England (by amending the previous
Act of 1911); more powerful but not applicable in India
Official Secrets Act (contd)
Indian Official Secret Act 1923 (Contd.)
India OSA 1889 was proposed to amend in 1921 (fourth proposal)
Penalty for spying under Section 3 was maximum 14 and minimum 3 years of
sentence; under Section 5, 6, 7, 8 and 9 it was two years; and under Section 10
(harbouring spies) it was one year
The Assembly met on 6 September 1922 to debate the bill; as opposed by many, a
committee was formed to study the bill and submitted its report on 30 January 1923;
removal of minimal sentence
Another Assembly met on 14 and 24 February 1923 consider the report of Select
Committee and debated on it; though it was opposed by few members the Legislative
Assemble passed it on 21 March 1923
The Governor General and Viceroy, Lord Reading, gave his Assent to the Indian
Official Secrets Act (Act No XIX of 1923) on 2 April 1923
Published in the Gazette of India on 14 April 1923 and has remained in force ever since
Official Secrets Act (contd)
After Independence
The Bill to amend the Official Secrets Act was introduced in the Rajya
Sabha on 23 June 1967; and moved on 24 July 1967 by Shri Vidya Charan
Shukla, then Minister of State for Home Affair
In Navy Act, 14 years of sentence for spying and wrongful communication
was adopted; in serious nature (communication with traitorous) till death
Official Secrets Act (contd)
Salient Points/Sections of OSA 1923
1. This Act may be called the Official Secrets Act, 1923; it extends to the whole of India and applies also
to servants of the Government and to citizens of India outside India
2. Definitions- Government place, obtaining or retaining any sketch, plan, model, article, note or
document, munitions of war, photograph, prohibited place (omitted Govt of UK and British etc), SP
includes police officers of same and above ranks
3. Penalties of spying- 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
4. Communications with foreign agents to be evidence of commission of certain offences, arrest on the
ground of suspicion
5. Wrongful communication etc., of information-If any person having in his possession or control any
secret official code or pass word or any sketch, plan, model, article, note, document or information
which relates to or is used in a prohibited place or relates to anything in such a place is considered to
be an offence; penalties with death or imprisonment for life, or imprisonment for a term which may
extend to ten years and shall, in either case, is liable and to fine
Official Secrets Act (contd)
Salient Points of OSA
7. Interfering with officers of the police or members of the Armed forces of the Union
9. Attempts, incitements, etc- Any person who attempts to commit or abets the
commission of an offence under this Act shall be punishable with the same
punishment, and be liable to be proceeded against in the same manner as if he had
committed such offence
10. Penalty for harbouring spies - punishable with imprisonment for a term which may
extend to three years, or with fine, or with both
Official Secrets Act (contd)
Salient Points of OSA
11. Search warrants- Magistrate of the first class or Sub-divisional Magistrate to issue warrant
orders to police, but in emergency police of higher rank can do it
12. Power to arrest- related to offence punishable under section 3, 5, and 7.... imprisonment for
a term which may extend to seven years
13. Restriction on trial of offences- No Court shall take cognizance of any offence under this Act
unless upon complaint made by order of, or under authority from appropriate Government
14. Exclusion of public from proceedings- ...publication of any evidence to be given or of any
statement to be made in the course of the proceedings would be prejudicial/harmful to the
safety of the State, that all or any portion of the public shall be excluded during any part of
the hearing-
15. Offences by companies-"company" means a body corporate and includes a firm or other
association of individuals; and "director", in relation to a firm, means a partner in the firm
16. The Indian Official Secret Act, 1889 and the Indian Official Secret (Amendment) Act 1904
are hereby repealed
Role of Intel Orgn. in Securing India
Justification for existence of Intel organisation after the end of
Cold War
Publicly available but uneasy to access (North Korea, China and Iraq news
paper)
Role of Intel in Securing India
Analyses:
Analysis contains information obtained by intelligence sources,
it is typically classified
R&AW normally carries out covert actions with support from respective
directors, NSA, PM; other agencies or dept. too support
Support to Indian Diplomacy/Protect Indian interest (e.g. military, economic, and political)