Court finds no obscenity in the messages, dismisses charges under Section 67 of the IT Act.
In a significant judgment, the Karnataka High Court, Kalaburagi Bench, has quashed the proceedings against Abdul Khavee, who was charged under Section 67 of the Information Technology Act, 2008, for allegedly sending objectionable WhatsApp messages. The court ruled that the messages did not contain obscene content and therefore did not meet the criteria for the offense under the said section.
The case originated from a complaint lodged by a resident of Shaikh Roza Dargah, Kalaburagi, after receiving WhatsApp messages from Abdul Khavee. The messages questioned the presence of Hindu religious priests at an inaugural ceremony organized by the complainant's brother, sparking the legal proceedings. The complainant alleged that the messages were defamatory and disrespectful.
During the hearing, the petitioner's counsel, Sri Ashok Mulage, argued that the messages in question did not contain obscene material as defined under Section 67 of the IT Act. He contended that continuing the proceedings would amount to an abuse of the judicial process. The High Court Government Pleader, representing the state, opposed the petition, arguing that the investigation was complete and the charges were valid.
Justice Rajesh Rai K. delivered the judgment, emphasizing that the messages lacked the elements of obscenity required to constitute an offense under Section 67. The court observed that the petitioner's messages merely questioned the presence of Hindu priests and did not transmit any lascivious or prurient content. As a result, the continuation of the proceedings was deemed unnecessary and an abuse of process.
The court's decision set aside the order of cognizance dated June 13, 2022, and quashed the charge-sheet filed in C.C.No.12380/2022. This decision marks a significant interpretation of the scope of Section 67 of the IT Act, clarifying that not all offensive or controversial messages fall under its purview.
Bottom Line:
Section 67 of the Information Technology Act, 2008 - Ingredients of the offence under Section 67 not attracted in the case of sending non-obscene messages via WhatsApp - Continuation of proceedings held to be abuse of the process of court.
Statutory provision(s): Section 67 of the Information Technology Act, 2008, Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Abdul Khavee v. State of Karnataka, (Karnataka)(Kalaburagi Bench) : Law Finder Doc id # 2857138
