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19th May 2025 (13 Topics)

3. Jyoti Rani espionage case

Context

Jyoti Rani, a Haryana-based YouTuber with a large following, was arrested for allegedly spying for Pakistan’s intelligence agency (believed to be ISI) under Operation Sindoor. She has been booked under:

  • Section 3 & Section 5 of the Official Secrets Act, 1923
  • Section 152 of the Bharatiya Nyaya Sanhita (BNS)

Official Secrets Act (OSA), 1923:

  • It is a colonial-era legislation meant to protect State secrets, especially related to defence, intelligence, and national security.
  • Section 3: Penalties for Spying. This section targets any individual who:
    • Gains access to or observes prohibited areas
    • Prepares or shares any material (plans, models, documents, etc.) that could benefit an enemy
    • Collects or communicates any classified information
  • Punishment: Up to 14 years’ imprisonment for offences relating to defence establishments. Up to 3 years in other cases
  • Section 5: Wrongful Communication of Information
    • Even unauthorised disclosure—whether deliberate or careless—of official secrets is punishable.
    • Includes both the giver and receiver of information.
  • Punishment: Up to 3 years imprisonment, or fine, or both.

Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023

  • This section criminalizes any act that:
    • Encourages separatism
    • Incites rebellion or subversive activities
    • Endangers India’s sovereignty or unity
  • It applies not just to physical acts, but also speech, writing, social media posts, financial aid, etc.
  • Punishment: Life imprisonment, or Imprisonment up to 7 years, and fine
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