Chapter X - Powers, Etc., of Central Government
Section 46
Section 46: Protection of security of India
Section 46 protects India's security in relation to design information and registrations. It overrides other Act provisions for the specified non-disclosure and notified cancellation actions.
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Need advice on Section 46?
This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Notwithstanding anything contained in this Act, the Controller shall—
(a) not disclose any information relating to the registration of a design or any application relating to the registration of a design under this Act, which he considers prejudicial to the interest of the security of India; and
(b) take any action regarding the cancellation of registration of such designs registered under this Act which the Central Government may, by notification in the Official Gazette, specify in the interest of the security of India.
Explanation.—For the purposes of this section, the expression “security of India” means any action necessary for the security of India which relates to the application of any design registered under this Act to any article used for war or applied directly or indirectly for the purposes of military establishment or for the purposes of war or other emergency in international relations.
Rule and business relevance
The Controller must withhold registration or application information considered prejudicial to India's security and take the cancellation action specified by Central Government Gazette notification. The explanation connects security to the described war, military-establishment and international-emergency uses of registered designs.
Limits and related provisions
A proprietor's ordinary commercial confidentiality preference is not itself the statutory security test. The cancellation limb depends on the Government's notification; it should not be described as automatic cancellation of every defence-related design. The actual information, use and official direction require careful assessment.
Hypothetical business example
Hypothetical: a design application relates to an article with a military use. The applicant obtains specialist advice on applicable directions and disclosure controls rather than assuming that ordinary publication procedures necessarily apply unchanged.
Practical decision flow
Assess whether the design information or use raises the security circumstances described in the section.
Identify any relevant Controller direction or Central Government Gazette notification.
Follow lawful disclosure and registration directions and obtain specialist advice before releasing sensitive application material.
Practical checklist
Do
- Assess whether the design information or use raises the security circumstances described in the section.
- Identify any relevant Controller direction or Central Government Gazette notification.
- Follow lawful disclosure and registration directions and obtain specialist advice before releasing sensitive application material.
Avoid
- A proprietor's ordinary commercial confidentiality preference is not itself the statutory security test. The cancellation limb depends on the Government's notification; it should not be described as automatic cancellation of every defence-related design. The actual information, use and official direction require careful assessment.
Glossary
- Security of India
- The meaning specified in Section 46's explanation for this power.
- Notified cancellation action
- Action concerning cancellation specified by the Central Government's Gazette notification.
Frequently asked questions
Does ordinary commercial secrecy invoke Section 46 automatically?
No. The statutory security context and official assessment must be considered.
Can the Controller withhold design information?
Yes, where the section's prejudicial-security condition is met.
Are all designs with a military connection automatically cancelled?
The section describes action specified by Government notification, not a blanket automatic cancellation rule.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026