The Indian Foreign Service (Conduct And Discipline) Rules, 1961
16. Official Secrets :-
(1) A member of the service is expected to acquaint himself with the provisions of the Indian Official Secrets Act, 1923, and of changes, made from time to time in laws relating to official secrets. (2) Any offence under the Indian Official Secrets Act, 1923, committed by the member of the Service may also be treated as a disciplinary offence, for which the member may be subject to suitable penalties, irrespective of whether he is also prosecuted for the offence in a criminal court. Note 1.- The Official Secrets Act. 1923, applies to all documents or information which come into the possession, custody or knowledge of members of the Service. Any improper communication of documents or information, is a criminal offence, even if the communication is made to another person in the Service of Government. It is also a criminal offence if a member of the Service fails to return official documents.
Note 1.- No definition has been given in the Indian Official Secrets Act. 1923. of 'Official Document' and there is no rule given in the Act as to the burden of proof on the question of whether a document or information was 'entrusted in confidence'. So far as the criminal application of the Act is concerned, it is for the court to interpret it. Government shall, however, be free to decide what shall be deemed to be 'Official Documents', and what test shall be applied to determine whether information or documents are confidential.
(3) Negligence by a member of the Service in the custody, disposal or handling of official documents or communicating confidential information and improper communication for confidential official documents of confidential official information in any manner, is a departmental offence.
(4) All informations and documents falling within the categories specified below shall, for the purposes of these rules, deemed to be confidential and official, unless the Government otherwise decides and the onus of proof to show, in each case, that any such information or document is not confidential or is not official will rest upon the member of the Service. In the case of information or documents not falling within the categories aforesaid, the question whether they are official or confidential will be decided by the Government according to the circumstances of each case : (a) All documents or correspondence (and copies thereof), relating to any matter of official concern to any branch of Government or any State Government and emanating from or addressed to- (i) any Indian Diplomatic Mission or Consulate or Post ; (ii) any Ministry or other office of the Government of India or of any State Government; (iii) any Department of any Government other than the Government of India: (iv) any Diplomatic Mission or Consulate or Post other than an Indian Mission or Consulate: (v) any person in the service of any Diplomatic Missions, consulates or Posts or Government Departments referred to in (i), (ii), (iii) and (iv) above. (b) All information relating to any' matter of official concern to any branch of the Government of India or and State Government and obtained orally or from documents or observations at any of the services specified in (i), (ii). (iii), (iv) and (v) to clause (a).
Note 1. - Documents and correspondence are official and confidential under this rule in whatever form they may be addressed, e.g. 'personal' "private', etc. It is , in fact, a common practice to send most secret informations or most confidential Instructions in a letter marked 'personal' or 'private' or both 'private' and 'personal'. Similarly oral information may be official and confidential although it may have been given casually and in a non-official manner.
Note 2.- The enumeration in this rule is not exhaustive. Written or oral communications from non-official persons relating to matters of official concern may often be confidential official information and, if in writing, official documents.
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