Social Media
- Without registered FIR, police has no right to arrest any person except u/s 41 Of CrPC.
- Under the Indian Penal Code and IT Act, admins of groups on social media can arrest for sharing messages that are seen to be religiously or politically offensive, only whatsapp group admin liable for offensive post.
- Police can file charges under sections 292 (circulation of unlawful or obscene material), 295 A (deliberate and malicious acts intended to outrage religious feelings) and 34 (illegal act done by many with common intention) of IPC and section 67 (circulation of unlawful or obscene material) of Information Technology Act.
- IPC 292 bailable.
- IPC 295A Non Bailable
- as long as the post does not lead to commission of any offense, the arrests are illegal.
- However if such posts violate any law then the police can make arrest of the person who posted that post and also the admin for not taking steps to remove that post. But police cannot arrest the non participants who did not share the post.
- Police would not take any action suo Moto. A complaint needs to be filed to the police to take action against the WhatsApp group admin under the provisions of information technology act and the Indian Penal Code.
- under the IT act section 66 and 67 but the person who made such post or circulating same will be arrested not all the members.
- any factually incorrect, rumour or misleading information on a social media group could result in an FIR against the group administrator.
- The administrator must include only those members who are personally known to him or her.
- If any statement is made by a group member which is fake, can cause religious disharmony, or rumour, the group admin must deny it on the group and remove the member from the group,
- In the event of inaction from the group admin, he or she will be considered guilty and action will be taken against the group admin,”
- case under cyber crime law, Information Technology Act and IPC will be filed against administrator.
- You have to prove the facts before court of law and details of the adminintrator and other list of members are also required. The notice will be sent to the concerndd person for initimating him that for legal action and after that legal action will be followed.
- A: It is a weak evidence, but yes, a complaint can be made on the basis of an old screenshot as well. be careful regarding the handling of the image. It will be most suitable if the original mobile in which the screenshot was taken is also available. You would need to file a certificate under the Indian Evidence Act also, Contact for further information.
- Firstly tell that how r you going to prove that the screenshot that u have taken is from a message sent by the person u allege has sent it. Secondly there is no way you can access data that old from WhatsApp. You can surely file a complaint but I am pretty sure it will be dismissed. After all for example I save my own second number in the name of ABC and send myself an objectionable message then take a screenshot. The screenshot will show the name of ABC, this way anyone can be made an accused. If u have archived or emailed the conversation then perhaps u may have a case.
- In India, the message would be treated as an "electronic record" and admissible in courts as a conventional document would be, as per Section 65(B) of Indian Evidence Act provided.
- Section 65 (B) of Indian Evidence Act
- It states that irrespective of the sections in the act, any electronic act which can be printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be a document.
- Section 2(i) defines computer as “any electronic magnetic, optical or other high-speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network”. This definition also includes the mobile phones as well. It means that SMS/WhatsApp message would be admissible under the court of law for the documents are admissible under the Section 65 of Indian Evidence Act, 1872.
- However, it has to fulfil four conditions mentioned in the section before it can be deemed as a document. Such conditions are a) the computer that produced it must have been used regularly at the time of production of such electronic documents; (ii) the kind of information contained in the computer must be such that it is regularly and normally supplied to the electronic device; (iii) the computer should be in proper condition and must work properly at time of creation of electronic record; and, (iv) the duplicate copy must be a reproduction of the original electronic record.