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In its order, the bench noted that the definition of "prohibited places" under the Official Secrets Act does not include a police station
The Bombay High Court recently ruled that recording conversations within a police station does not constitute an offence under the Official Secrets Act.
A division bench comprising Justice Vibha Kankanwadi and Justice S.G. Chapalgaonkar was hearing a petition filed by two brothers who sought to quash an FIR lodged against them under Section 120B (criminal conspiracy) and Section 506 (criminal intimidation) of the Indian Penal Code (IPC), as well as under the Official Secrets Act.
The brothers had approached the police to file an FIR against three trespassers who had assaulted their mother.
However, the police only registered a non-cognisable report, which led to further disputes. The brothers recorded their interactions with the police, leading to the charges under the Official Secrets Act.
When the brothers sought an answer as to why an FIR was not registered, the police threatened them to withdraw the complaint.
The police also threatened to file a case against the brothers under the Atrocities Act. The brothers recorded the conversation and sent it to the Director General of Police. Consequently, an FIR was filed against them for recording the conversation.
In its order, the bench noted that the definition of "prohibited places" under the Official Secrets Act does not include a police station.
“Section 2 (8) of the said Act defines what is “prohibited place”. Police Station is not included in the said definition. Section 3 of the Official Secrets Act, 1923 deals with “Penalties for spying”. Anything done in the police is absolutely not included in Section. Under such circumstance, ingredients of the said section are not at all attracted,” the order reads.
The high court said that with respect to Section 120B and 506, it leaves it to the court to see whether any other offence is transpiring taking into consideration the contents of the FIR and charge sheet.
“Now, in respect of other sections i.e. 120-B and 506 of the Indian Penal Code we are of the opinion that contents of First Information Report do speak about the insult or intimidation and we leave things to concerned Court to see whether particulars of offence/charge needs to be framed under Section 120-B or Section 34 of the Indian Penal Code to be invoked. We also leave it to the Court concerned to see whether any other offence is transpiring taking into consideration contents of First Information Report and charge sheet,” the order reads.
Case title: Subhash Rambhau Athare & Anr vs State of Maharashtra & Anr
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