Criminal Liability For State-Owned Enterprise Corruption
1. Legal Framework for Harassment via Social Networking Apps in India
Harassment through social networking apps (like WhatsApp, Facebook, Instagram, etc.) falls under criminal liability in India primarily through:
A. Indian Penal Code (IPC) Provisions
Section 499 – Defamation
Publishes or transmits content that damages a person's reputation.
Example: Posting false statements about someone on social media.
Section 500 – Punishment for Defamation
Imprisonment up to 2 years, fine, or both.
Section 354D – Stalking
Whoever follows a woman or contacts her repeatedly to foster fear or annoyance.
Includes online communication.
Section 507 – Criminal Intimidation by Anonymous Communication
Threats sent through messages or social networking apps.
Section 509 – Word, Gesture, or Act Intended to Insult the Modesty of a Woman
Sending obscene or sexual messages, emojis, or pictures.
Information Technology Act, 2000 (IT Act)
Section 66A (Repealed) – Previously criminalized offensive online messages.
Section 66E – Punishment for violation of privacy (e.g., sharing intimate images).
Section 67 & 67A – Publishing obscene material electronically.
Section 72 & 72A – Breach of confidentiality or privacy.
These provisions make it clear that repeated unwanted communication, threatening messages, obscene content, and stalking online constitute criminal offenses.
2. Judicial Interpretation: Case Laws on Social Media Harassment
Case 1: Shreya Singhal v. Union of India (2015)
Facts: The petitioner challenged Section 66A of the IT Act, which criminalized offensive messages online.
Judgment: Supreme Court struck down Section 66A as unconstitutional, holding that it violated the right to freedom of speech (Article 19(1)(a)).
Significance: It clarified that only messages that cause real threat, defamation, or harassment could attract criminal liability, not mere offensive content. This refined the scope of online harassment.
Case 2: State of Tamil Nadu v. Suhas Katti (2004)
Facts: The accused created a fake email account in the victim’s name and sent obscene emails to harass her.
Charges: Sections 66 (IT Act, 2000) and Section 509 IPC.
Judgment: The court held that sending obscene electronic messages intending to insult the modesty of a woman amounts to a criminal offense.
Significance: First landmark cyber harassment case in India; set precedent for harassment via email and social media.
Case 3: Avnish Bajaj v. State (Delhi High Court, 2004)
Facts: A model’s private images were posted on the e-commerce site operated by the accused.
Judgment: The court held that online publication of obscene material can amount to offense under Section 67 of the IT Act and Section 509 IPC.
Significance: Clarified liability for intermediaries and the platform owners; the act of harassment or humiliation online is punishable.
Case 4: State v. S. Rajesh (Kerala, 2016)
Facts: The accused sent repeated WhatsApp messages threatening the victim and trying to coerce her into sending sensitive images.
Judgment: The court held the accused guilty under Sections 354D (stalking), 507 (criminal intimidation), and 509 IPC.
Significance: Recognized WhatsApp harassment as criminal stalking, reinforcing legal protection against cyber harassment.
Case 5: Bhavesh Patel v. State of Gujarat (2018)
Facts: Accused sent sexually explicit messages and images to a woman via Instagram.
Judgment: Court convicted the accused under Section 354D (stalking), Section 507 (criminal intimidation), and IT Act 66E.
Significance: Online sexual harassment through social apps is treated on par with physical harassment; even emojis or suggestive messages can constitute an offense if they instill fear or discomfort.
Case 6: Nisha v. State of Punjab (2019)
Facts: The accused continuously messaged the victim on Facebook after rejection, causing mental distress.
Judgment: Court held this to be criminal harassment under Sections 354D & 507 IPC, awarding punishment.
Significance: Emphasized repeated contact and mental distress as key criteria for online harassment.
3. Key Takeaways
Harassment is not just physical – repeated online messages, posts, or threats can constitute criminal offense.
Intent matters – the messages or posts must cause fear, annoyance, or injury to reputation.
IPC and IT Act together – legal remedies can be sought under both.
Courts increasingly recognize digital harassment – platforms like WhatsApp, Facebook, Instagram, and emails are included under legal scrutiny.
Criminal consequences are severe – imprisonment, fine, or both; particularly under stalking and cybercrime provisions.
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