Criminal Procedure Code, 1973, Section 167(2), Official Secrets Act, 1923, Section 3, 4, 5, Indian Penal Code, 1860, Section 120B -- Default bail - Offence u/ss 3, 4, 5 of Officials Secrets Act and u/s 120-B IPC - S.3 of Officials Secrets Act, prescribes maximum punishment up to 14 years - There is no minimum punishment provided under the said provision - Punishment..........
Official Secrets Act, 1923, Section 2(8), 3 -- Prohibited place - Police station is not included in the definition of prohibited place so as to attract the offence u/s 3 of the Act...........
Criminal Procedure Code, 1973, Section 167(2)(a)(i) -- Official Secrets Act, 1923, S.3 - Application for release on bail - Ground that charge sheet has not been filed within 60 days - Order of Magistrate that in instant case time period for filing charge sheet would be 90 days - Challenge - Accused is being tried under Official Secrets Act, which does not talk about..........
Criminal Procedure Code, 1973, Section 482, Official, Official Secrets Act, 1923, Section 3(1)(c), 5(1)(c), 5(1), 5(4), Indian Penal Code, 1860, Section 120B -- Quashing of proceedings - Offence u/ss 3(1)(c), 5(1)(c), 5(1), 5(4) of Official Secrets Act and S.120-B IPC - All co-accused discharged and trial is pending only against petitioner - Role of petitioner is no..........
Criminal Procedure Code, 1973, Section 227, Official Secrets Act, 1923, Section 3, 5 -..........
Criminal Procedure Code, 1973, Section 207 -- Supply of copies of document - Accused allegedly committed offence u/s 3 of Official Secrets Act, when copies of certain official notings and documents relating to classified information regarding defense of nation recovered - Accused sought copies of these documents u/s 207 of the Code - Vide impugned order, state chose not to..........
Official Secrets Act, 1923, Section 3(2) -- Ambit of - Once accused is found in conscious possession of the material, then it would be presumed that such possession was for a purpose prejudicial to the interest of the State - However such presumption is not conclusive but rebuttable...........
Criminal Procedure Code, 1973, Section 439, Official Secrets Act, 1923, Section 3(2) -- Accused arrested under Official Secrets Act and granted bail - Appeal in Supreme Court against grant of bail on the ground that crime was of grave nature and national security was jeopardized - Held, accused already on bail for 10 months, but no allegations of misuse of bail - Accused..........
Official Secrets Act, 1923, Section 1(2) -- Secret information passed to enemy country which could seriously jeopardize national security - Act is applicable to Indian citizens as well - Bail granted to accused in the pretext that he is neither Govt. servant or Indian citizen living outside, cancelled forthwith...........
Official Secrets Act, 1923, Section 5, 13(3), Criminal Procedure Code, 1973, Section 470 -- No consent or sanction of the Government or any authority as contemplated by Explanation to sub-section (3) of S.470 Cr.P.C.is required for filing the complaint under the Act - `Consent' or `sanction' envisaged u/s 470 Cr.P.C. cannot be equated with the `order' or `authority' for..........
