The Supreme Court of India has agreed to examine whether private WhatsApp exchanges can attract provisions under Sections 153A and 295A of the Indian Penal Code (IPC). The Court’s decision came while hearing a petition filed by Bal Maharaj alias Santosh Dattatray Koli, challenging an FIR registered against him over alleged inflammatory messages shared in a WhatsApp group.
The bench, comprising Justice Hrishikesh Roy and Justice S.V.N. Bhatti, issued a notice and stayed further proceedings against Koli, raising critical questions about the limits of free speech in private digital communication and its potential criminalization under public order laws.
Background of the Case
The case originated from an FIR (No. 332/2020) registered in Maharashtra, alleging violations under Sections 153A (promoting enmity between different groups), 295A (deliberate acts to outrage religious feelings), 504 (intentional insult to provoke breach of peace), and 505 (statements conducive to public mischief) of the IPC. These charges were based on certain messages allegedly shared by Koli in a private WhatsApp group.
Koli approached the Supreme Court after the Bombay High Court, in Criminal Writ Petition No. 1920/2021, declined to grant him relief. His legal team, led by Senior Advocate Sunil Fernandes, argued that the allegations were unfounded and cited precedents indicating that private communications do not constitute public acts necessary to invoke these IPC sections.
Legal Issues
1. Applicability of IPC Sections 153A and 295A:
– Section 153A penalizes acts that promote enmity or hatred between groups based on religion, race, or other categories.
– Section 295A criminalizes deliberate or malicious acts intended to insult the religious beliefs of any class of citizens.
– The Court is tasked with determining whether messages shared within a closed group qualify as acts “in public view,” a key requirement under these provisions.
2. Private Speech vs. Public Mischief:
– The FIR also invoked Sections 504 and 505 of the IPC, which deal with public disorder and mischief caused by offensive statements.
– The defense argued that the messages were confined to a private group and lacked the public exposure necessary to constitute a criminal offense.
Supreme Court Observations
In staying proceedings against Koli, the Supreme Court referenced the precedent set in Pramod Suryabhan Pawar vs. State of Maharashtra and Another [(2019) 9 SCC 608]. The Court observed that private WhatsApp messages do not automatically translate into public acts capable of inciting enmity or disrupting public order.
The bench remarked, “Private communication, not accessible to the general public, does not satisfy the requirements of Sections 153A and 295A of the IPC. Even if the allegations are taken at face value, the essential elements of these offenses are not met.”
Interim Relief
The Supreme Court issued a notice to the respondents, including the State of Maharashtra, and sought responses within four weeks. Meanwhile, it stayed all further proceedings related to FIR No. 332/2020, offering interim relief to Koli.
The Court will now delve into the broader implications of whether private messages can be interpreted as acts with public ramifications under IPC provisions designed to address communal and social harmony.
