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Bombay High Court Advocates Responsible WhatsApp Posting, Refuses to Quash Case

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Published on: 25 July 2023 at 13:23 IST

The Nagpur bench of the Bombay High Court has refused to quash an FIR filed against a man from Washim under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in connection with an objectionable WhatsApp status.

The court took the opportunity to remind citizens to be responsible while sharing status messages on WhatsApp and urged them to consider the potential consequences of their posts.

The court emphasized that WhatsApp statuses are a means of communication with known individuals, and individuals should exercise caution while sharing content that may provoke reactions or seek support.

Acknowledging the widespread use of WhatsApp and the regular checking of statuses by people, the court called for a sense of responsibility and sensitivity towards others when conveying information.

The case in question involved Kishor Landkar, who, on March 23, posted a WhatsApp status containing a query and suggested that the answer could be found on Google, likely shocking people. However, the complainant who looked up the query on Google found objectionable material that could offend the religious sentiments of a particular community.

Consequently, the police charged Landkar under the SC/ST (Prevention of Atrocities) Act and the IT Act. Seeking the quashing of the FIR under Section 482 of the Criminal Procedure Code (CrPC), the petitioner argued that he did not deliberately intend to outrage the feelings of any community through his status. He contended that neither the Atrocities Act nor the IT Act should be applicable in his case.

The court, however, held that Landkar cannot evade responsibility by claiming limited circulation of his WhatsApp status. It stressed the need for individuals to be conscious of the potential impact of their posts, irrespective of the size of their audience.