Allegedly Sensitive WhatsApp Text About Religious Festival Not An Offence U/S 153-A & 505 IPC Unless Two Religious Groups Involved: MP High Court

Madhya Pradesh High Court has made it clear that a religiously sensitive WhatsApp message sent by a person of a particular religion/community to a person of same religion/community will not attract Sections 153A and 505(5) IPC. It said involvement of two distinct religious groups or communities is necessary to attract the offence.

The single-judge bench of Justice Vivek Rusia was considering an application filed by the accused under Section 482 CrPC to quash the proceedings initiated against him based on a WhatsApp text allegedly sent by him to another person about ‘Ram Navami’ festival. He purportedly sent this text message to the complainant on 15.04.2022.

“As per the complainant, the message was received in his mobile through WhatsApp, it was not made public or transferred to the member of other religion and community rather the complainant has shown this message to various persons, therefore, in view of the law laid down by the Apex Court in case of Patricia Mukhim (supra), no charge is made out ...”, the bench sitting at Indore clarified in the order.

The counsel for the applicant had submitted that the applicant as well as the complainant belong to the same community and religion. No members of other religions were involved in the message or its subsequent transfer to the complainant, who belonged to the same community. It was also argued that the accused-applicant lacked the requisite mens rea to create enmity or hatred between two religions by sending this text message.

According to the complainant in this case, he received a WhatsApp text from the applicant-accused that contained a certain comment about celebrating a certain festival. It was the opinion of the complainant that the said text was likely to cause enmity and hatred between two religious groups. Based on a screenshot of the text message, the police registered FIR against the applicant-accused under Section 505 and 153-A IPC. Later, in the statement recorded under Section 161 CrPC, the complainant alleged that the applicant-accused had also forwarded the sensitive message to a WhatsApp community of the tribals.

The court also observed that the complainant himself has shown the controversial text message to other local residents, though he wasn’t supposed to do the same.

At the end, by relying on Patricia Mukhim v. State of Meghalaya (2021), the court quashed the FIR in Crime No.200/2022 registered for offences punishable under Section 153-A, 505(2), 188, 269, 270 of IPC. The FIR for the said offences was registered at Meghnagar Police Station in Jhabua District.

It is pertinent to note that the apex court in Patricia Mukhim has extensively talked about Bilal Ahmed Kaloo v. State of A.P (1997). In Bilal Ahmed Kaloo, the ‘common factor’ for Sections 505 and 153-A IPC was adjudged as ‘the involvement of at least two groups or communities’. For charges emanating from Sections 153-A and 505 IPC to stick, it is essential to prove that the alleged act does not merely entail inciting the feelings of one community or group without any reference to any other community or group.

Case Name: Mansingh S/o Samsu v. State Of Madhya Pradesh

Case No: Misc. Criminal Case No. 60202 Of 2022

Click Here To Read/ Download Order