The Karnataka High Court ruled on September 11 that posting an objectionable statement on a WhatsApp status does not amount to publication or circulation under Section 505(2) of the Indian Penal Code (IPC), which penalises statements promoting enmity between communities. The court quashed an FIR against Venkappa Gowda related to a WhatsApp status he posted after the 2024 Lok Sabha election results, stating the status was accessible only to contacts and did not incite violence, according to medianama.com.
The case originated when a Congress party member filed a complaint on June 7, 2024, against Gowda for a communal WhatsApp status posted on June 5, a day after the election results. The complaint alleged the status created enmity between communities, leading Subramanya Police Station to register an FIR under IPC Section 505(2). Gowda challenged the FIR under Section 482 of the Code of Criminal Procedure, arguing the statement lacked criminal intent and did not incite violence. Justice Rajesh Rai K agreed, calling further proceedings an abuse of the legal process.
The ruling clarifies the legal interpretation of digital communication under IPC Section 505(2), distinguishing WhatsApp statuses from public social media posts or forums. The court noted that WhatsApp statuses are typically visible only to a user’s contact list, limiting their circulation. This decision sets a precedent in cases involving digital speech and communal harmony laws, potentially affecting how courts assess similar complaints involving private digital communications in India.
The court order dated September 11, 2026, is publicly available and provides detailed reasoning behind the quashing of the FIR. This judgment contributes to ongoing legal discourse on the boundaries of free speech and criminal liability in digital spaces under Indian law.