Source: Bombay High Court 

Why in News?

A bench of Justice SG Chapalgaonkar and Justice Vibha Kankanwadi held that anything done in the police station is absolutely not included in Section 3 of Official Secrets Act, 1923 (OSA).  

• The Bombay High Court held this in the case of Subhash Rambhau Athare v. The State of Maharashtra. 

What was the Background of Subhash Rambhau Athare v. The State of Maharashtra Case? 

• The present case pertains to a quashing of a First Information Report (FIR) filed at Pathardi Police Station for offence punishable under Section 120B and Section 506 of Indian Penal Code, 1860 (IPC) and Section 3 of Official Secrets Act, 1923 (OSA). 
• The Applicant has alleged that the FIR is false and concocted. 
• The Applicant is a police constable posted in Mumbai police, however his native place is Pathardi. 
• Three persons trespassed the house of the applicant on 21st April 2022 when the applicants were not at home, however the mother was at home. 
• These three persons had assaulted and threatened as well as outraged the modesty of the mother. 
• The Pathardi police station however registered only non-cognizable case on 26th April 2022. 
• When the applicant inquired as to why only NC case was registered, the Investigating Officer abused him in filthy language and gave ill-treatment to him. 
• The Applicant was called by the informant in the alleged FIR on 2nd May 2022 and threatened him to withdraw the complaint filed by the mother and also threatened to lodge a complaint under the Atrocities Act. 
• The Applicant had made audio recording in respect of the said threat and made complaint to Director General of Police. 
• The case of the applicant is that the present FIR has been lodged. 
• The applicant has alleged that the FIR is itself based on concoction and falsity. 

What were the Court’s Observations?  

• The first fact to be considered here is that the entire episode allegedly took place in the police station. 
• The police in this case invoked the OSA. 
• The Court observed that Section 2 (8) of the OSA defines “prohibited place” and the police station is not included in this definition. 
• The Court further held that anything done in the police station is absolutely not included in Section 3 of OSA. Hence, the Court concluded that the ingredients of the said section are not attracted at all. 
• The Court further left it to the Court concerned to see if the offences under Section 120B and Section 506 of IPC are made out or not. 
• Thus, the Court partly allowed the application.

What is the Official Secrets Act, 1923?

About: 

• The origins of this Act can be traced to the British colonial period. 
• The Act is aimed at countering espionage, sedition and other potential threats to the integrity of the nation. 
• The Act makes spying, sharing ‘secret’ information, unauthorised use of uniforms, interference with the police or armed forces in prohibited/restricted areas among others, punishable offences. 
• This is the main statute that vitally affect national security: 
  • Spying or entry into a prohibited place etc 
  • Wrongful communication 
  • Harboring spies 
  • Unauthorised use of uniforms, falsification of reports 
  • Interference with the police or military, near a prohibited place 
• A person who is guilty may face a jail term of upto 14 years.

Section 3 of the Official Secrets Act, 1923: 

• Actions attracting penalty- 
  • This Section provides that the acts enumerated must be done for the purpose prejudicial to the safety or interests of the State. 
  • The acts enumerated that are made punishable are: 
    • 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 pass word, 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. 
• Penalties for above action- 
  • 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, the penalty is imprisonment up to fourteen years. 
  • In other cases, the penalty is up to three years.

Other Provisions under this Act: