Karnataka High Court Upholds Charges Against Petitioner in Social Media Defamation Case

Allegations of Fake Accounts and Defamatory Content Lead to Upholding of Trial Court's Decision Under IPC and IT Act

In a significant ruling, the Karnataka High Court has dismissed the criminal petition filed by Sri. Pramod Shivashankar, challenging the charges framed against him by the trial court under the Indian Penal Code (IPC) and the Information Technology Act, 2000 (IT Act). The case involves allegations of creating fake social media accounts to defame the respondent, Smt. Vaishnavi, who is the estranged sister-in-law of the petitioner.

The petitioner sought to quash the proceedings initiated by the I Additional Chief Metropolitan Magistrate Court, Bengaluru, in C.C No.16087/2022, where charges were framed for offenses under Sections 499 and 500 of the IPC, and Sections 66(C), 66(D), and 67(A) of the IT Act. The allegations stem from a matrimonial dispute, with the respondent claiming that the petitioner has been harassing her by creating accounts that portray her in a derogatory manner, including suggesting she is a prostitute.

Justice M.I. Arun, presiding over the case, upheld the trial court's decision, noting that the creation of fake social media accounts and the dissemination of defamatory content, if proven, constitute offenses under both the IPC and IT Act. The court emphasized the serious nature of the allegations, considering the accounts were publicly accessible, thus amplifying the defamatory impact on the respondent's reputation.

The petitioner argued against the charges, claiming innocence and asserting that even if the accounts were created by him, they did not meet the criteria for the alleged offenses. However, the court found that the prima facie evidence, including sworn statements and material records, supported the trial court's decision to frame charges, thereby dismissing the petition.

This judgment underscores the judiciary's stance on cyber defamation and the misuse of social media platforms to harm individuals' reputations. It reflects the growing importance of legal frameworks in addressing cyber-related offenses, highlighting the applicability of both traditional laws under the IPC and specific provisions under the IT Act in dealing with digital crimes.

The decision serves as a reminder of the legal consequences of cyber harassment and defamation, reinforcing the protection offered to individuals under Indian law against such acts. As social media continues to play a significant role in public and private lives, this judgment marks a pivotal moment in the legal landscape concerning digital offenses.

Bottom Line:

Allegations of creating fake social media accounts and defaming respondent by portraying her in derogatory manner - Trial court's decision to frame charges under IPC and IT Act upheld.

Statutory provision(s): Indian Penal Code, 1860 Sections 499, 500; Information Technology Act, 2000 Sections 66(C), 66(D), 67(A).

Sri. Pramod Shivashankar v. Smt. Vaishnavi, (Karnataka) : Law Finder Doc Id # 2807174