Karnataka High Court: WhatsApp status not publication in objectionable statement case
The Karnataka High Court has ruled that posting an objectionable statement on WhatsApp status does not constitute publication or circulation under Section 505(2) of the IPC. The decision addresses cases of alleged promotion of enmity between communities.
The Karnataka High Court has held that posting an objectionable statement on WhatsApp status does not constitute publication or circulation under Section 505(2) of the Indian Penal Code (IPC). This section criminalizes statements that promote enmity between different groups.
The court reasoned that a WhatsApp status is neither a post on a social media platform nor a public forum. It is typically accessible only to individuals within the user's contact list, thus failing the requirement of publication or circulation for the offense.
This ruling came in a case where an FIR against Venkappa Gowda was quashed. Gowda had posted a WhatsApp status following the 2024 Lok Sabha election results, which a complainant alleged promoted enmity between communities. The court found the statement did not incite violence.
The High Court relied on Supreme Court precedent, emphasizing that for an offense under Section 505(2) of the IPC, a criminal intent and actual publication are necessary. Given the limited accessibility of WhatsApp statuses, the court concluded that the essential ingredients of the offense were not met, preventing an abuse of legal process.