In these digital times, you can talk to anybody in an iota of a second through WhatsApp, but these WhatsApp groups have become a major concern for law enforcement agencies in India as they are used to encourage mobs and mobilise attacks. Doing certain things on WhatsApp is against the law and you could be arrested for doing so.
Fake News – You could be arrested if you spread fake news or rumours on sensitive topics to promote violence. (Section 505 IPC)
Morphed photos – In case, a person shares morphed photos or doctored videos or offensive jokes about famous personalities intending to create tension in society, he can be jailed for 3 years under section 505 of IPC.
FAQ –
Selling drugs – It is illegal to use WhatsApp for the sale and promotion of drugs or other illegal products.
Hate messages – If any person sends or forwards messages containing hate speech or promoting religious violence, he/she is punishable by imprisonment of up to 3 years under Sections 295 and 505 IPC.
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Creating an account with someone else’s name – It is illegal to create a WhatsApp account using someone else’s identity.
Harassment – The police have the power to arrest you if a woman files a complaint that you harassed her on WhatsApp.
Sharing obscene material – If a person shares any sexual content, i.e., any images or videos having any sexual reference or any pornographic material on WhatsApp groups, he is liable to imprisonment for up to 3 years under section 67A of the IT Act, 2000.
(Frequently Asked Questions) FAQ’s
Can a group admin be held criminally liable if he started the group by sharing fake news?
No, You can’t expect him to be aware of the criminal acts of any member in advance. Arresting him will be a violation of Article 21 of the Constitution ( Right to life and personal liberty).
Can the admins get arrested for not reporting hateful and objectionable content?
As per section 39 of CPC, there is no obligation for the admins to report hate speech and objectionable content. Therefore, they can’t be arrested for not reporting this kind of content.
Can a group admin get arrested for failing to delete hate messages?
He can’t be arrested for this as deleting hate messages on the group will amount to the destruction of evidence under section 204 IPC.
Can the admins get arrested for not reporting hateful and objectionable content?
As per section 39 of CPC, there is no obligation for the admins to report hate speech and objectionable content. Therefore, they can’t be arrested for not reporting this kind of content.
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