Sending messages on WhatsApp will not amount to utterance of obscene words in a public place

Sending messages on WhatsApp will not amount to utterance of obscene words in a public place written by Sabareesh Pillay student of School of Law, University of Mumbai Thane Sub-Campus

Nivrutti Vs State Of Maharashtra and another

FACTS:

In this case, a writ petition was filed by the petitioner- Nivrutti. The petitioner filed the writ petition after his wife had filed a case against the petitioner for outraging the modesty of woman and utterance of obscene words in public places. It was alleged that the petitioner would beat up his wife and also accused her of earning money through prostitution. It was stated that Nivrutti would send her derogatory WhatsApp messages and would accuse her of prostitution time and time again. The respondent filed an FIR under sections 500, 507 and 294 of the Indian Penal Code. The petitioner denying all claims and filed an under Article 226 and 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure for quashing of the F.I.R.

ISSUE:

1. Whether sending personal WhatsApp messages amounts to utterance of obscene words at public place under article 294 of the Indian Penal Code
2. Under Article 226 and 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure for quashing of the F.I.R.

PETITIONER CONTENTION:

The petitioner contended that, there was no utterance of obscene words in public place as the messages were only sent in personal WhatsApp messages and not in WhatsApp groups or Facebook. The petitioner also contended that messages on WhatsApp are encrypted and not even WhatsApp has the authority to read their personal messages. The messages are secured with a special lock and only the receiver and sender have a special key needed to open it and read them.

RESPONDENT CONTENTION:

The respondent contended that, the section 294 of IPC will be valid as obscene messages will be sent to her by the petitioner and there is utterance of obscene words in public place. Further the respondent said that the petitioner also outraged the modesty of a woman i.e.- his wife and should be charged under section 509 of the Indian Penal Code.

JUDGEMENT:

The bench of Justice M.G. Sewlikar said that Personal WhatsApp messages cannot be considered as utterance of obscene words in public places as nobody else had the authority to read their messages. According to WhatsApp: 

 “These messages are secured with lock and only the recipient and sender have special key needed to unlock and read them. It further claims that every message sent has its own unique lock and key. It also claims that the WhatsApp does not store the messages on server, once they are delivered.”

The court acknowledged and stated that: 

“to call a woman, even if she is one’s own wife a prostitute and to call her that she earns money by indulging in prostitution amounts to insulting the modesty of a woman. Therefore, there is prima-facie evidence to indicate that the offence falls under Section 509 of the I.P.C. In view of this, F.I.R. is quashed to the extent of Section 294 of I.P.C. However, the prosecution is at liberty to carry out investigation to ascertain whether the offence under Section 509 of the I.P.C. is made out.”

So, the court said that section 294 of the Indian Penal Code will not be valid as personal WhatsApp messages cannot be considered as utterance of obscene words in public places.