Shooting video in police station is not an offence, says Bombay High Court

Mumbai: Shooting video inside a police station is not an offence as the police station is not included as a prohibited place as defined under the Official Secrets Act, observed the Nagpur bench of the Bombay High Court.

It is to be noted here that a division bench comprised of Justices Manish Pitale and Valmiki Menezes in July this year referred to section 3 and section 2(8) of the OSA pertaining to spying at prohibited places and quashed a case lodged against one Ravindra Upadyay under the Official Secrets Act (OSA) for recording a video inside a police station in March 2018.

“The definition of ‘prohibited place’ as defined in section 2(8) of the Official Secrets Act is relevant. It is an exhaustive definition, which does not specifically include police station as one of the places or establishments, which could be included in the definition ‘prohibited place’,” the court said in its order as reported by millenniumpost.in.

Considering the aforesaid provisions, this Court is of the opinion that none of the ingredients of the alleged offence are made out against the applicant, it added.

Upadyay and his wife had gone to the Wardha police station to file a complaint in connection with a dispute he had with his neighbour.

As a cross complaint was also filed against Updyay and a discussion was taking place in the police station, Upadyay started recording a video on his mobile phone. However, police realised that and lodged an FIR and filed a chargesheet against Upadyay in the case. But, the court squashed the FIR and case field against him.