Karnataka High Court ruled that abusive texts don’t amount to stalking under Section 354D IPC, but upheld trial under SC/ST Act, IT Act, and IPC provisions.
Case in NewsFoul messages not stalking rules Karnataka HC, holds Section 354D IPC not attracted for profane texts alone . |
Case Overview
Case Name – Abhishek Mishra v. State of Karnataka & Anr.
In a notable judgment, the Karnataka High Court observed that the act of sending offensive or profane text messages does not, by itself, amount to stalking under Section 354D IPC . The case arose from a complaint filed by a woman against Abhishek Mishra, her former acquaintance from UPSC coaching, alleging blackmail and abuse . Justice M Nagaprasanna delivered the ruling while deciding on Mishra’s plea to quash criminal proceedings under multiple laws .
Key Aspects
The case involved serious allegations, including blackmail, breach of trust and misuse of private content . The complainant accused the petitioner of making false marriage promises and threatening to share private videos . Mishra contested the charges claiming the relationship was consensual and legally registered .
Facts and issues involved in the case include :
- Parties met during UPSC coaching in Delhi and entered a relationship .
- The woman alleged false promises of marriage and sexual exploitation .
- Accused of recording and threatening to share private content .
- FIR included charges under IPC, SC/ST Act, and IT Act .
- Mishra claimed abuse of legal process and sought quashing .
Legal Insights
The Court evaluated the relevant legal provisions before partially granting relief . While the Section 354D IPC charge was found inapplicable, other serious offences were retained for trial .
Legal provisions discussed by the Court :
- Section 354D, IPC – Stalking : Not attracted by mere vulgar or profane text messages .
- Section 66E, IT Act, 2000 – Addresses privacy violations by capturing/transmitting private images .
- Sections 506 & 509, IPC – Criminal intimidation and outraging a woman’s modesty .
- Sections 3(1)(r) & 3(1)(s), SC/ST Act, 1989 – Relates to caste-based insults and threats .
- Section 482, CrPC – Enables High Courts to quash proceedings in cases of legal abuse .
Court’s Verdict
Justice M Nagaprasanna quashed the Section 354D IPC charge ruling that mere exchange of abusive messages does not legally amount to stalking . However, the Court allowed proceedings under the SC/ST Act, Information Technology Act, and IPC provisions concerning privacy, criminal intimidation and modesty to continue, citing that these involved contested facts requiring proper trial .
Source – India Code
Read also – Section 354D of Indian Penal Code
