Official Secrets Act Doesn't Prohibit Police Station Videotaping- Bombay HC

07 May 2024 8:19 AM

By: Admin

Police stations are not particularly mentioned as one of the places or businesses that fall under the definition of a banned place in section 2(8) of the Official Secrets Act, according to the Bombay High Court.

The motion filed seeking the quashing of FIR pending before the Competent Court in response to filing of charge-sheet in the matter was being handled by the justices Manish Pitale and Valmiki SA Menezes.

In this instance, the complainant is a police officer who claims that while some hearings were taking place in the police station, the applicant secretly videotaped the proceedings on his mobile, breaking the Official Secrets Act of 1923 and committing an offence.

An offence punishable under Section 3 of the Official Secrets Act of 1923 has been levelled against the petitioner.

The High Court noted that the Official Secrets Act's definition of a "prohibited place" in section 2(8) is pertinent. It is a thorough definition, however it does not clearly list the police station as one of the locations or businesses that can fall under the category of "prohibited place." The applicant does not meet any of the requirements for the alleged offence. The bench concluded that the applicant does not meet any of the requirements for the claimed offence. As a result, this would be a suitable situation to approve the application.

Ravindra Shitalrao Upadyay

State of Maharashtra