Recording Conversation With Officer In Police Station Is Not An Offence Under Official Secrets Act: Bombay High Court https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-recording-conversation-in-police-station-official-secrets-act-271880 A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar, sitting in Aurangabad, quashed an FIR lodged against two brothers, one of whom works as a Constable with the Mumbai Police
Narsi Benwal
https://www.the420.in/bombay-high-court-official-secrets-act-recording-police-station/ According to the court, a police station does not qualify as a “prohibited place” under Section 2(8) of the Act, which defines where breaches of official secrecy can be charged. Additionally, the court emphasized that Section 3 of the Official Secrets Act deals with “Penalties for spying,” and the activities conducted in a police station do not fall under its purview.
The court quashed the spying charges but declined to interfere with the charges under the IPC, allowing the criminal conspiracy charges to be further examined in a lower court.
https://www.scconline.com/blog/post/2024/10/08/making-audio-recording-of-conversation-in-police-station-no-offence-u-s-3-official-secrets-act-bomhc/ Counsel for respondents opposed the application and submitted that Applicant 1 was unnecessarily making video and Applicant 2, who was also in police service, was threatening the informant and other police persons present in the police station.... The Court opined that contents of FIR did speak about insult or intimidation and thus, it was left open to the Court concerned to see whether charge needs to be framed under Section 120-B or Section 34 of IPC....