Petition to Quash Proceedings under IT Act and Bharatiya Nagarik Suraksha Sanhita Dismissed, Emphasizing Women's Safety
The Karnataka High Court has dismissed a petition filed by Mr. B.K. Diganth seeking the quashing of proceedings against him under Section 67 of the Information Technology Act, 2008 and Section 78(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The case revolves around allegations of stalking and publishing obscene material on social media, specifically targeting women commuting in metro trains.
The petitioner, accused of using an Instagram account named 'Metro_Chicks' to upload objectionable videos and images of women, argued that the allegations were vague and not directly attributable to him. However, the court found the evidence sufficient to proceed with the trial. The suo motu complaint was registered by the Police Sub-Inspector of Banashankari Police Station after discovering the Instagram account during a routine social media check.
Justice M. Nagaprasanna highlighted the gravity of the allegations, which involved clandestine surveillance and unauthorized recording of women, emphasizing the importance of safeguarding women's dignity in public spaces. The court noted that the materials gathered during the investigation revealed a deliberate pattern of conduct that violated the privacy and dignity of unsuspecting women.
The prosecution argued that the acts of the petitioner resulted in outraging the modesty of women and warranted a full trial to ascertain the facts. The court agreed, stating that dismissing the petition at this stage would undermine justice and potentially encourage similar acts of misconduct.
The charges under Section 67 of the Information Technology Act, which penalizes the publication or transmission of obscene material in electronic form, were deemed applicable given the dissemination of such content on social media. Similarly, Section 78 of the Bharatiya Nagarik Suraksha Sanhita addressed the offence of stalking, which includes monitoring and recording women's activities without consent.
The court's decision underscores the judiciary's commitment to addressing crimes that infringe upon the safety and dignity of individuals, particularly women, in public domains. The ruling sends a strong message that such transgressions will not be tolerated, and perpetrators will face legal consequences.
Bottom line:-
The Karnataka High Court dismissed a petition seeking quashing of proceedings under Section 67 of the Information Technology Act, 2008 and Section 78(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS), holding that the allegations of stalking, publishing, and transmitting obscene material in electronic form are prima facie sufficient to proceed with the trial.
Statutory provision(s): Section 67 of the Information Technology Act, 2008; Section 78(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Mr. B.K. Diganth v. State By Karnataka, (Karnataka) : Law Finder Doc id # 2892319
