• Whether group admin and all group members can be arrested for any post considered to be offensive

Under what provisions of law can a police sue motto arrest an admin of a whats app group and all the members for any post by any member considered offensive in any way or political in any way.
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

Hello,

If the government is keeping an eye over the whats app and messages which are being forwarded which is political in nature spreading hatred then police can take action.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Under the Indian Penal Code and IT Act, admins of groups on social media can arrest for sharing messages that are seen to be religiously or politically offensive, only whatsapp group admin liable for offensive post.

Police can file charges under sections 292 (circulation of unlawful or obscene material), 295 A (deliberate and malicious acts intended to outrage religious feelings) and 34 (illegal act done by many with common intention) of IPC and section 67 (circulation of unlawful or obscene material) of Information Technology Act.

IPC 292 bailable.

IPC 295A Non Bailable

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

any factually incorrect, rumour or misleading information on a social media group could result in an FIR against the group administrator.

2) The administrator must include only those members who are personally known to him or her.

If any statement is made by a group member which is fake, can cause religious disharmony, or rumour, the group admin must deny it on the group and remove the member from the group,

3) In the event of inaction from the group admin, he or she will be considered guilty and action will be taken against the group admin,”

4) case under cyber crime law, Information Technology Act and IPC will be filed against administrator

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Sir under the IT act section 66 and 67 but the person who made such post or circulating same will be arrested not all the members.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Police would not take any action suo Moto. A complaint needs to be filed to the police to take action against the WhatsApp group admin under the provisions of information technology act and the Indian Penal Code.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

as long as the post does not lead to commission of any offense, the arrests are illegal

however if such posts violate any law then the police can make arrest of the person who posted that post and also the admin for not taking steps to remove that post. But police cannot arrest the non participants who did not share the post

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Without registered FIR, police has no right to arrest any person except u/s 41 Of CrPC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The police can take action under information technology act on such things.

However there are provisions in IPC too for initiating actions on such offences.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer