Case Note & Summary
The applicant, Pawandeep @ Pawan S/o Chotulal Yadav, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 520 of 2018 registered at Gadchandur Police Station for offences under Section 505(2) of the Indian Penal Code and Section 67 of the Information Technology Act, 2000. The FIR was lodged by respondent No. 2, Gaus Isak Siddiki, alleging that the applicant forwarded a Facebook post that hurt the sentiments of the Muslim community. The applicant contended that he was not the author of the post and had forwarded it without reading it properly, claiming it was a mistake. He argued that the essential ingredients of the offences were not made out. The Investigating Officer filed a reply stating that investigation revealed commission of the crime. Respondent No. 2 also filed a reply supporting the FIR. The court examined the contents of the post and found that it referred to a specific individual, Tarik Anwar, and was not intended to create enmity between communities. The court held that the element of mens rea was absent as the applicant had not read the post before forwarding it. Consequently, the court quashed the FIR and all proceedings arising therefrom, allowing the application.
Headnote
A) Criminal Law - Quashing of FIR - Section 505(2) IPC and Section 67 IT Act - Mens Rea - The applicant forwarded a Facebook post without reading it properly. The court held that the essential ingredient of mens rea is missing for both offences. The post did not intend to create enmity or hatred between communities. The FIR was quashed to prevent abuse of process. (Paras 2-6) B) Information Technology Act - Section 67 - Forwarding of Obscene Material - The court held that mere forwarding of a post without knowledge of its content does not satisfy the requirement of 'publishing or transmitting' obscene material under Section 67 of the IT Act. The applicant's act was a mistake and lacked criminal intent. (Paras 3-4)
Issue of Consideration
Whether the mere forwarding of a Facebook post without reading it or intending to cause harm attracts the offences under Section 505(2) of the Indian Penal Code and Section 67 of the Information Technology Act, 2000.
Final Decision
The court allowed the application and quashed the FIR No. 520 of 2018 registered with Gadchandur Police Station and all proceedings arising therefrom.
Law Points
- Mens rea essential for offence under Section 505(2) IPC
- Forwarding without reading does not constitute offence under Section 67 IT Act
- Quashing of FIR when ingredients not made out
