Bombay HC To Hear Plea Seeking FIR Against Police Officers For Uploading FIR U/s. 363 IPC That Divulges Details Of Another POCSO Case

The Police officers of the Govandi Police Station had uploaded an FIR registered in the year 2022, thereby divulging names, addresses and other details of minor victims in relation to another case. The petitioner before the High Court, Advocate Omkar Vasudev Patil had first approached the Police seeking an FIR against the police officers responsible for making public the details of the minor victims. Since the police did not register an FIR, the petitioner approached the Bombay Sessions Court seeking an FIR under Section 228A read with Section 34 of the IPC and Section 19(1), 21, 23(1) of the POCSO Act and Section 67 of the IT Act.

While rejecting the petitioner's petition, the Sessions Court noted that the uploaded FIR was one under Section 363 of the IPC and that hence Section 228A of the IPC will not apply. The Court also accepted the submission of the police that the FIR was immediately removed from the website and that it was uploaded due to 'technicality', in good faith.

“Courts of law have time and again made it very clear that the authorities who are aware of the nature of the victims are duty-bound to keep all the information secrete/discrete and not disclose it except in the reports which should only be sent in a sealed cover to the investigating agencies or court. The reports in the sealed cover should not be furnished to any person under the Right to Information Act 2005”, the writ petition says.

The petitioner alleges that "a large number of police officers including higher level police officers have become publicity hungry and in their zeal of getting media attention, they indulge in such tatics.”