Video recording in police station cannot be classified as a crime – Bombay High Court

The Nagpur Bench of the Bombay High Court has observed that a police station has not been included in a prohibited place as defined under the Official Privacy Act and therefore recording video inside it cannot be treated as an offence. A division bench of Justice Manish Pitale and Justice Valmiki Menezes in July this year quashed the case registered against a person named Ravindra Upadhyay under the Official Secrets Act (OSA) for recording a video inside a police station in March 2018. was. In its order, the bench referred to Section 3 and Section 2(8) of the OSA, which deals with spying in prohibited places. The bench noted that a police station is not a prohibited place specifically mentioned in the Act. The court said, “The definition of prohibited place given in section 2(8) of the Official Secrets Act is relevant.

This is an exhaustive definition, which does not include a police station as a place or establishment which is deemed to be a prohibited place. Considering the above provisions, this Court is of the view that the case for the alleged offense is not made out against the person who filed the application.

According to the complaint, Upadhyay was with his wife at the Wardha police station in connection with a dispute with their neighbour. Upadhyay filed a complaint against the neighbour. At the same time, a counter-complaint was also lodged against Upadhyay. At that time the police realized that Upadhyay was recording a video of the discussion going on in the police station from his mobile phone. The court quashed the FIR and filed a charge sheet against Upadhyay in the case.