Court says post lacked intent to incite violence and did not amount to publication or circulation under Section 505(2) IPC
Bengaluru: The Karnataka High Court has quashed a criminal case against a man accused of posting a controversial WhatsApp status after the Lok Sabha election results, ruling that the message did not satisfy the essential ingredients of Section 505(2) of the Indian Penal Code.
Justice Rajesh Rai K allowed the petition filed by Venkappa Gowda, who had challenged the FIR registered by Subramanya Police Station in Crime No. 38/2024. The case stemmed from a complaint alleging that Gowda had uploaded a WhatsApp status stating: “Modi ji has not lost, he has won and the people who have lost are born to Muslims.” The complainant, a member of the Indian National Congress, alleged that the post created enmity between communities.
The petitioner argued that the complaint did not disclose any intention to disturb public order or incite violence. It was also contended that the complaint was politically motivated and filed two days after the status was uploaded. The State opposed the petition, saying the FIR disclosed the offence and that investigation was still underway.
After examining the complaint and the contents of the WhatsApp status, the court held that the post did not reveal any intention or motive to cause disorder or provoke violence. The court further observed that WhatsApp status is not a public forum in the usual sense and is generally accessible only to persons in the user’s contact list. Therefore, the essential requirement of “publication or circulation” under Section 505(2) was absent.
Relying on Supreme Court precedents, including Bilal Ahmed Kaloo v. State of A.P. and Balwant Singh v. State of Punjab, the High Court reiterated that mens rea is a necessary ingredient for the offence and that the provision requires publication or circulation of the statement with intent to create or promote enmity, hatred or ill will between communities.
Finding that the complaint did not make out the offence on its face, the court held that continuing the criminal proceedings would amount to abuse of the process of law. Accordingly, the FIR was quashed and the petition was allowed.
Bottom Line :
Penal Code, 1860 Section 505(2) - Quashing of FIR - Mere WhatsApp status, without publication or circulation and without intention to cause disorder or incite violence, does not attract ingredients of Section 505(2) IPC - Continuation of proceedings amounts to abuse of process of law.
Statutory provision(s): Section 505(2), Indian Penal Code, 1860, Section 482, Criminal Procedure Code, 1973
Sri Venkappa Gowda v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2985279
