The Telangana High Court has declined to dismiss criminal charges against a woman accused of illegally recording a court proceeding involving her estranged husband and circulating the footage online, holding that her claims of innocence must be evaluated through an ongoing police investigation.
In an order issued on August 14, Justice J Sreenivas Rao disposed of the woman’s petition seeking to cancel the case registered against her under the Information Technology Act, 2000, and the Copyright Act, 1957.
Claims Require Police Investigation
The case stems from allegations that the woman recorded a November 13, 2025 court hearing regarding a legal challenge to bail granted to her estranged husband in a Protection of Children from Sexual Offences (POCSO) Act matter. Authorities alleged that she subsequently transmitted the recorded footage to others using the messaging platform WhatsApp.
In her plea, the woman maintained that she was physically present in the courtroom on the day of the hearing and denied downloading or sharing any video content from the live stream. However, Justice Rao noted that these assertions constitute disputed facts that cannot be determined by the court at this stage and must be examined during the active police probe.
Arguments On Live-Streaming Rules
Representing the petitioner, counsel V Raghunath argued that his client had been falsely implicated. He cited Rule 5 of the Telangana High Court Rules for Live-Streaming and Recording of Court Proceedings, pointing out that cases governed by the POCSO Act are explicitly excluded from live broadcasts.
The defense further contended that because the alleged offenses carry a maximum prison sentence of under seven years, law enforcement failed to adhere to Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, as well as procedural safeguards established by the Supreme Court in the Arnesh Kumar v. State of Bihar judgment.
Directives For Procedural Compliance
Counsel for the husband opposed the petition to quash the charges. Additional Public Prosecutor Jithender Rao Veeramalla concurred, stating that while the offenses carry penalties of less than seven years’ imprisonment, the procedural principles outlined in the Arnesh Kumar ruling govern the arrest process.
Addressing these procedural concerns, the High Court instructed the investigating officer to strictly abide by statutory norms and Supreme Court guidelines regarding arrest. The court directed the woman to cooperate fully with the investigation, noting that she retains the right to present all available legal defenses once formal notice is issued by the police.
