Bombay HC Held That Recording Conversations With A Police Officer In A Police Station Would Not Constitute An Offence Under The Official Secrets Act

The Bombay High Court (HC) recently held that recording conversations with a police officer in a police station would not constitute an offence under the Official Secrets Act (OSA). The bench was hearing an FIR lodged against 2 brothers (one works as a Constable with Mumbai Police) who were booked under the OSA for recording a conversation with a police officer within the police station. While quashing the FIR, the HC noted, “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.” Further, the Bombay HC reproduced Section 3 as follows:

“Penalties for spying. - (1) If any person for any purpose prejudicial to the safety or interests of the State -

• approaches, inspects, passes over or is in the vicinity of, or enters, any prohibited place; or
• makes any sketch, plan, model, or note which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy; or
• obtains, collects, records or publishes or communicates to any other person any secret official code or password, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy [or which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States]; he shall be punishable with imprisonment for a term which may extend, where the offence is committed in relation to any work of defence, arsenal, naval, military or air force establishment or station, mine, minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Government or in relation to any secret official code, to fourteen years and in other cases to three years.”

It added, “Anything done in the police is absolutely not included in Section 3. Under such circumstance, ingredients of the said section are not at all attracted.” After considering all the aspects, the HC ordered, “The charge sheet…pending before learned Judicial Magistrate First Class, Pathardi, Dist. Ahmednagar arising out of First Information Report…registered with Pathardi Police Station, for the offence punishable under Sections 120-B, 506 of the Indian Penal Code, 1860 and Section 3 of Official Secrets Act, 1923 stands quashed and set aside to the extent of offence under Section 3 of the Official Secrets Act, 1923 only.”