The manager of the WhatsApp group cannot be held criminally responsible for the position of another member of the group. The Nagpur judge of the Mumbai High Court has ruled and dismissed the sexual harassment case against a 33-year-old man.
The order was approved last month and a copy of the order was provided on April 22. Department staff headed by Judges ZA Haq and AB Borkar noted that the WhatsApp group administrator has only limited authority to add or remove group members, and the court has no authority to challenge WhatsApp group administrator Kishor Tarone (33) Request a judgment or ruling.
You are trying to withdraw the case registered against you in the Gondia area in 2016, in accordance with section 354-A (1) (iv) (making sexual comments), section 509 (insulting the modesty of women), and section 107 (Teach) IPC and article 67 of the Information Technology Law (publication or dissemination of obscene materials in electronic format).
According to the complaint, Tarone did not use dirty and indecent language in the members of his WhatsApp group against the women members of the group action. Apparently, the requester was a group administrator and did not remove or delete group members, nor did he ask for an apology.
The order in the dock said the crux of the matter was whether the WhatsApp group administrator should be held criminally liable for offensive posts posted by group members.
The court noted the functionality of the courier app. “What is often referred to as a group administrator is an administrator who creates a group by adding or removing members. Each chat group has one or more administrators.”
Removing a member from the group or adding other members to the group is limited. The court said: “After the group is created, the functions of the administrator are the same as those of the members, except for the right to add or remove members from the group.”
WhatsApp group administrators do not have the right to process content before it is posted online, adjusted, audited, or revised. “However, if a member of the group publishes any content that may be required by law, the person will be held liable.”
In the absence of a special criminal law, the WhatsApp group administrator cannot unless it proves to be an alternative. Common intentions or pre-established plans, otherwise they should be held responsible for offensive content posted by group members. “Said the court in his order. Then a lawsuit was filed against him.