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

Relevancy of the case: Anticipatory bail application in a case involving the sending of objectionable WhatsApp messages to a teacher colleague

Statutes and Provisions Involved

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

Relevant Facts of the Case

• A school teacher lodged an FIR against her colleague. He sent her objectionable and unwelcome WhatsApp messages.
• He also threatened to defame her if she were to show the messages to anyone. He also made obscene gestures and remarks.

Prominent Arguments by the Advocates

• The applicant’s counsel submitted that his WhatsApp messages are not obscene. Further, sending such messages does not amount to outraging the modesty of women.

Opinion of the Bench

• The petitioner’s contentions do not have any merits. Any act that outrages the modesty of a woman will constitute an offence under Sections 354 and 354A of the Indian Penal Code, 1860.
• The applicant’s acts amount to sexual harassment, as per Section 2(n)(iii) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The applicant’s conduct is unbecoming of a teacher, and the school authorities need to take note of this.
• The maximum punishment for the alleged offences is five years.

Final Decision

• The court granted interim bail to the applicant.

Mehula Liza Pallathu, an undergraduate student at the National University of Advanced Legal Studies, Kochi, prepared this case summary during her internship with The Cyber Blog India in May/June 2021.