Official Secrets
21
Defence available to a public officer
17A. Any person who is charged with any offence under this Act
shall not be convicted if he proves that he did any such thing in
the performance of his official duties or with proper authority.
Power to arrest
18. (1) If any person is found committing an offence under this
Act or is reasonably suspected of having committed, or has attempted
to commit, or is about to commit, such an offence, he may be
arrested without a warrant.
(2) Without limiting the generality of subsection (1), if any
person in a prohibited place is found offending or suspected of
offending against this Act he may be arrested with or without a
warrant, by a police officer or any member of the armed forces
and shall be brought forthwith before a Magistrate to be dealt with
according to law.
Powers of search and seizure
19. (1) Whenever it appears to any Magistrate upon information
and after such inquiry as he thinks necessary that there is reasonable
cause to believe that in any place there is any evidence of the
commission of an offence under this Act, he may, by warrant
directed to any police officer empower such officer to enter such
place, by force if necessary, and there to search for, seize and
detain any such evidence.
(2) Whenever it appears to any police officer not below the
rank of Inspector that there is reasonable cause to believe that in
any place there is concealed or deposited any evidence of the
commission of an offence under this Act, or of any prescribed
offence, and such police officer has reasonable grounds for believing
that by reason of the delay in obtaining a search warrant the object
of the search is likely to be frustrated, he may exercise in and in
respect of such place all the powers mentioned in subsection (1)
in as full and ample a measure as if he were empowered to do so
by warrant issued under such subsection.
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