Chandrakant Nathusaheb Witkar v. State of Maharashtra
In the High Court of Bombay
B.A. 2004/2018
Before Justice Anuja Prabhudessai
Decided on September 28, 2018

Relevancy of the case: Bail application in a case involving sending objectionable messages to a co-worker on WhatsApp

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67)
• The Code of Criminal Procedure, 1973 (Section 438)
• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Section 2(n)(iii), 2(n)(iv))
• The Indian Penal Code, 1860 (Section 354A(1)(i), 354A(1)(iv), 500, 506)

Relevant Facts of the Case

• The victim and the accused were teachers in a primary school.
• The accused sent objectionable messages on WhatsApp to the first applicant (victim).
• He also threatened to defame her in case she showed the messages to anyone.
• It was alleged that the applicant’s text messages amounted to sexual harassment, upon which the management of the school suspended him.
• The Ghodegaon Police Station then seized the mobile phone.

Prominent Arguments by the Advocates

• The applicant’s counsel argues that the messages were not obscene and hence do not come under outraging of modesty.
• The first applicant’s counsel opposed the application by saying that it was an obscene message which has disturbed her family life.

Opinion of the Bench

• The court opined that since there was a suspension made by the management, the custodial investigation would not further the case.

Final Decision

• The bail application was granted with conditions.

This case summary has been prepared by Tuba Aftab, an undergraduate student at IIMT & School of Law, GGSIPU, during her internship with The Cyber Blog India in May/June 2021.