Industry: Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act; Information Technology Act, 2000
Court: Bombay High Court, Nagpur Bench
Case No.: Kishore (X) v. State of Maharashtra (Y) & Ors. (Criminal Application (APL) NO. 787/2023)
Date of Order: 12.07.2023
Bench: Vinay Joshi & Valmiki Sa Menezes JJ.
Facts
- X posted a WhatsApp status wherein X encouraged viewers to search for answers on a question on Google and promised shocking results.
- A conducted the Google search as directed and found objectionable material that X alleged outraged the religious feelings of a particular religious group.
- Based on A’s complaint, an FIR was filed against X for alleged offences under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and of the Information Technology Act.
- X filed a petition under Sec. 482 of the Code of Criminal Procedure to quash the FIR so registered.
Issues –
- Whether the FIR registered against X should be quashed?
X’s Arguments –
- Lack of any malicious intent behind X’s WhatsApp status.
- X neither intended nor deliberately displayed the status to outrage the feelings of any group.
- X’s WhatsApp status can only be seen by those who have saved the X’s mobile number.
Y‘s Arguments –
The State resisted the application on the following grounds:
- X is a habitual offender.
- A prima facie case for investigation has been made out.
- Investigation is still in progress.
- FIR clearly establishes the need for further investigation.
- The application for quashing the FIR lacks merit.
Order –
The Bombay High Court refused to quash the FIR on the following grounds:
- The WhatsApp status posted by X prompted others to conduct a Google search to see what X intended to convey.
- WhatsApp status is a means of communication with known contacts and is intended to convey something to one’s contacts, seeking reactions and support.
- X cannot shed responsibility by claiming a limited circulation of the status, as WhatsApp statuses are designed to be viewed by known persons.
- Users should behave with a sense of responsibility while communicating something to others through such statuses.
- FIR discloses X’s deliberate and malicious intention to insult the feelings of a specific religious group.
- FIR and the ongoing investigation make out a case for further inquiry.
- Inherent powers under Section 482 of the Code of Criminal Procedure should be exercised sparingly and with caution.
Author’s Opinion
Everyone is entitled to their opinions and thoughts, but this right comes with a responsibility to use it in a manner that does not deliberately and maliciously insult or outrage the feelings of others. WhatsApp statuses and social media posts, in general, should be conveyed with a sense of responsibility, especially when communicating with known contacts. Striking a balance between freedom of speech and responsible communication on social media platforms like WhatsApp, Instagram, Facebook, and Snapchat is essential for maintaining a harmonious digital environment.
Written by Ishita, Legal Intern