Circulating video on WhatsApp falls under SC/ST Act: Bombay HC
The victim belongs to an SC/ST community from whom Thepale had demanded favours, when the victim refused Thepale circulated videos of the victim on WhatsApp
The Bombay High Court has ruled that circulating a video of a person belonging to the Scheduled Caste or Scheduled Tribe (SC/ST) community on WhatsApp constitutes an offence under the SC/ST (Prevention of Atrocities) Act. Justice Yanshivraj Khobragade dismissed bail plea by Nikhil Thepale, who is facing charges under Sections 77 and 78 of the Bharatiya Nyaya Sanhita, 2023, as well as Sections 66(E) and 67 of the Information Technology Act, 2000.
The court noted that material on record was sufficient to constitute an offence under Sections 3(1)(w)(ii) and 3(2) (va) of the SC/ST Act, as well as the circulation of the victim's videos and photographs on WhatsApp, which falls within "public view."
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