Circulating video on WhatsApp falls under SC/ST Act: Bombay HC
The Bombay High Court ruled that circulating videos of an SC/ST community member on WhatsApp constitutes 'public view' under the SC/ST (Prevention of Atrocities) Act. The court denied bail to the accused, noting he has been absconding since the FIR was filed.
Why it matters
This legal precedent clarifies that digital distribution of harassing content falls under the same legal scrutiny as physical public acts, strengthening protections for marginalized communities in the digital age.
The Bombay High Court has ruled that circulating a video of a person belonging to the SC/ST community on WhatsApp falls within “public view” and attracts provisions of the SC/ST (Prevention of Atrocities) Act. Justice Yanshivraj Khobragade delivered the ruling and the Court also dismissed a bail plea by the appellant Nikhil Thepale.
. . Mr. Thepale is facing charges under Sections 77 and 78 of the Bharatiya Nyaya Sanhita, 2023. These charges include Sections 66(E) and 67 of the Information Technology Act, 2000 and Sections 3(1)(r) and 3(1)(w)(ii) of the Atrocities Act.
The victim belongs to an SC/ST community from whom Thepale demanded favours. When the victim refused, Thepale recorded videos and photographs of the victim and sent these on WhatsApp to her husband, sister-in-law, and relatives.
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