The manager of the WhatsApp group cannot be held criminally responsible for holding offensive positions because of another member of the group. The Nagpur Court of the Mumbai High Court has ruled and rejected a case of sexual harassment against a 33-year-old man. .
The order was passed last month, and a copy of the order was provided on April 22.Department judges led by Judges ZA Haq and AB Borkar pointed out that an administrator of the WhatsApp group has
The right to add or delete group members is limited, and they have no right to manage or review the content posted in the group.
The court passed the order through an application submitted by WhatsApp group administrator Kishor Tarone (33).
He is trying to withdraw the registration case against him in Gondia in 2016 in accordance with the provisions of Article 354-A(1)(iv) of the IPC, Article 509 that insults women and Article 107 (teaching bet).And Article 67 (publishing or disseminating obscene material electronically
According to the indictment, Tarone did not take action against members of his WhatsApp group, which used dirty and indecent language to take action against a female member of the group.
Allegedly, the applicant as the group administrator did not remove or delete members from the group, nor did he ask him to apologize. The order on the bench said that the crux of the matter was whether the WhatsApp group’s administrators should be held criminally responsible for offensive posts made by members of the group.
The court noted the functionality of the messaging application, “Often called group administrators are administrators who create groups by adding or removing members. Each chat group has one or more administrators.”
It says that group administrators have only limited rights to remove members from the group or add other members to the group. “Once the group is created, the functions of the administrator and the functions of the members are the same, except for the right to add or remove members from the group.
Group”, the court said.
HC said: “The administrators of the WhatsApp group do not have the right to supervise, review or review content before it is posted to the group.” However, the court said that if a member of the group posts any content that can be sued in accordance with the law, the People will be held legally responsible.
“In the absence of special criminal law provisions that generate alternative liability, the administrator of the WhatsApp group is not responsible for objectionable content posted by group members unless it is proven that there is a common intention or pre-planning.” The court said in accordance with the order.
HC withdrew and put the FIR against Tarone on hold, and subsequently filed charges against him.