Official Secrets Act, 1963

Communication with foreign agents or members of unlawful organisations.

10.—(1) Where a person is charged with a contravention of section 9, the fact that he has (whether within or outside the State) been in communication with or attempted to communicate with a foreign agent or with a member of an unlawful organisation shall be evidence that the act in respect of which he is charged has been done in a manner prejudicial to the safety or preservation of the State.

(2) A person shall, unless he proves the contrary, be deemed to have been in communication with a foreign agent or a member of an unlawful organisation if he has (whether within or outside the State) visited the address of a foreign agent or a member of an unlawful organisation or consorted or associated with such agent or member, or if (whether within or outside the State) the name or address of or any other information regarding a foreign agent or a member of an unlawful organisation has been found in his possession or has been supplied by him to any other person or has been obtained by him from any other person.

(3) Any address (whether within or outside the State) reasonably suspected of being an address used for the receipt of communications intended for a foreign agent or a member of an unlawful organisation, or any address at which such a person resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, shall be deemed to be the address of a foreign agent or a member of an unlawful organisation and communications addressed to that address to be communications with a foreign agent or a member of an unlawful organisation.

(4) In this section—

“foreign agent” includes any person who is or has been or is reasonably suspected of being or having been employed by a foreign power either directly or indirectly for the purpose of committing an act (whether within or outside the State) prejudicial to the safety or preservation of the State, or who has or is reasonably suspected of having (whether within or outside the State) committed or attempted to commit any such act;

“member of an unlawful organisation” means any person who is or has been or is reasonably suspected of being or having been a member of an unlawful organisation within the meaning and for the purpose of the Offences Against the State Act, 1939 .