Posting objectionable material on a social media can amount to outrage modesty and stalking

Bombay High Court Upholds Criminal Charges for Posting Objectionable Content on Facebook. Court denies quashing of FIR against Tukaram for acts under Sections 354 and 354-D of the IPC, highlighting serious consequences of social media misuse.

In a significant ruling, the Bombay High Court's Nagpur Bench has rejected the application for quashing an FIR against Tukaram, who was accused of posting objectionable material on Facebook, thereby committing offenses under Sections 354 and 354-D of the Indian Penal Code, 1860. The court emphasized that such acts constitute a serious offense, irrespective of any prior relationship or financial dealings between the accused and the complainant.

The legal proceedings were initiated following a complaint by the non-applicant, a married woman, who alleged that Tukaram, with whom she had been acquainted via Facebook, had posted objectionable material on her social media account on multiple occasions. These posts were reportedly made after she refused his marriage proposal. Furthermore, the complainant alleged that Tukaram had previously threatened to commit suicide with a bottle of poison when she was on the verge of her marriage to another individual, an incident for which he later apologized at a police station.

Tukaram's defense argued that the FIR was baseless, citing a past relationship and financial transactions where he had lent substantial amounts of money to the complainant and her family under the assurance of marriage. However, this defense was insufficient to sway the bench, comprising Justices Urmila Joshi-Phalke and Nandesh S. Deshpande, who found that these elements did not justify the posting of objectionable material.

The court relied on the legal framework provided under Sections 354 and 354-D, which respectively address assault with intent to outrage modesty and stalking. The judgment noted that the misuse of social media to defame or harass individuals, especially women, falls squarely within the purview of these provisions, warranting serious legal repercussions.

The High Court further referred to the Supreme Court's ruling in the case of State of Madhya Pradesh v. Laxmi Narayan, emphasizing the careful and sparing use of powers under Section 482 of the Code of Criminal Procedure, 1973, which cannot be employed to undermine legitimate prosecutions. The bench highlighted that the financial aspects and personal history cited by Tukaram were matters to be examined during the trial phase, not at the preliminary stage of legal proceedings.

With this judgment, the court has sent a clear message regarding the seriousness with which the judiciary views the misuse of social media platforms for harassment. The case underscores the need for individuals to exercise restraint and responsibility in their online interactions, particularly where it concerns the dignity and privacy of others.

Bottom Line:

Posting objectionable material on a social media platform, such as Facebook, can constitute an offense under Sections 354 and 354D of the Indian Penal Code, 1860, related to assault with intent to outrage modesty and stalking.

Statutory provisions: Indian Penal Code, 1860 Sections 354, 354-D; Code of Criminal Procedure, 1973 Section 482.

Tukaram v. State of Maharashtra, (Bombay)(Nagpur Bench)(DB) : Law Finder Doc id # 2816677