Whatsapp personal message is not a public place.

KRISHA KAMAL | PRESIDENCY UNIVERSITY,BANGALORE | 16th March 2020

NIVRUTTI V. STATE OF MAHARASHTRA AND POOJA NIVRUTTI

Brief Facts

The petitioner was married to the respondent. They got married on May 14^th, 2017. The respondent alleged the petitioner of domestic violence. She accused him for beating her and using filthy language towards her. The petitioner addressed the respondent as prostitute and also claimed that she is into a business of body trade. The petitioner was also alleged for marrying the respondent just for the sake of others and not for her or himself as he is homosexual. The F.I.R.  was filed by the respondent on March 05^th, 2018.

A set of Whatsapp messages, were produced before the court from the respondent’s end containing texts where he has abused the respondent and called her a prostitute.  

The petitioner was charged under section 294, 500, 506 and 509 of the Indian Penal Code, 1860. These sections deals with obscene acts and songs (commission of obscene acts at public place), punishment for defamation, punishment for criminal intimidation and word, gesture or act intended to insult the modesty of a woman respectively.

Judgment

The Bombay High Court considering the meaning of public places given under Black’s Law Dictionary observed that the domain of Whatsapp personal message doesn’t comes under the definition of public place. 

Public place is basically any location that the local, state or national government maintains for the use of public, such as highway, park or public building.^[1]

The court also considered the Whatsapp policy of end-to-end encryption. This policy provides the security to the users where the messages can be read on by the sender and the receiver. Not even the Whatsapp has the power to go through the messages. So, all the messages are secured.

Considering these, the court held that Whatsapp is not at all a public place. Hence, messages sent or received through this platform is totally personal unless it has not been sent in a group where more than 2 people have the access to read the messages. Thus it cannot be claimed under section 294 of the Indian Penal Code, 1860.

However, calling a women prostitute is a clear action intending towards the insult of her modesty. The messages were clear evidence charges under of section 509.

^[1] Black’s Law Dictionary