Pruthvi v. State of Maharashtra
In the High Court of Bombay
Criminal Anticipatory Bail App. 1650/2014
Before Justice Sadhana S. Jadhav
Decided on January 9, 2015

Relevancy of the case: Anticipatory bail for forwarding MBBS exam papers on WhatsApp

Statutes & Provisions Involved

• The Information Technology Act, 2000 (Section 66)
• The Code of Criminal Procedure, 1973 (Section 438)
• The Maharashtra Prevention of Malpractices at University, Board and other Specific Examinations Act, 1982 (Section 6)

Relevant Facts of the Case

• The applicant is a student of 2nd-year MBBS. On 28/11/2014, the present applicant is alleged to have forwarded question paper received by him on his ‘WhatsApp’ to the students of 3rd-year MBBS.
• The records show that at about 2.40 am of 28/11/2014, the applicant had received an abbreviation of terminologies, which would appear in the examination on 28/11/2014. He had asked his friends to read the said questions and prepare accordingly. The applicant had informed his friend that he is only forwarding messages received by him.

 Prominent Arguments by the Advocates

• The applicant’s counsel submitted that his client neither obtained nor fabricated the said question paper. He had only forwarded the messages received by him. The punishment contemplated on conviction is imprisonment up to 1 year or fine up to ₹1000 or both. Section 66 of the Information Technology Act, 2000 is a bailable offence.
• The public prosecutor contended that custody is necessary for the recovery of the cellphone handset along with the sim card as it would be a vital piece of evidence during the trial.

Final Decision

• The court observed that the applicant deserves protection. Prima facie observations are restricted only to the application under section 438 of Cr.P.C. and shall not be considered for quashing of F.I.R. The present application is allowed.