• Abusive language on WhatsApp

I got a call from a police officer today that I’ve to apologise to a girl for using abusive language on a WhatsApp group. 

She’s my ex-classmate & it happened on a school WhatsApp group. I directed a abusive slang (Madarchod) to one of my close friends & she got offended by it. Everybody in the group tried to explain it to her that don’t take such slangs seriously as it is very normal amongst boys. 

The next day she went to the police station & lodged an FIR in which she falsely stated that the abusive language was directed towards her. And the police officer has asked me to apologise to her otherwise he’ll put me in jail. 

I need some legal advice on this.

Should I apologise ? If not, what are my options in this case ?

Thank you all in advance.
Asked 6 years ago in Constitutional Law

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17 Answers

Firat of all is she still a part of that group? If yes then immediately remove her. She is not fit to be your friend who is dragging you to the police station for no fault of yours.

Secondly it was not directed at her. All your friends can attest to that. But still don't say that it was your fault or you said this to her. Explain the context and then apologise.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No it os not illegal. She should leave the group if she has issues.

Otherwise you should leave the group.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You may visit the police station and tender an apology in order not to complicate the things.

If you dont do that then the police may book you under various false charges which will make your life hell.

Especially when you are looking for prospective future, this tag will rush before you to cause legal hurdle to all your efforts.

Your employment prospectus may also be hampered if you are found to have a criminal background due to this false case, even if you are acquitted in the said false case.

The law (Section 354 IPC) makes it a special crime to use force against a woman, or even threaten to use force, if the intention is to 'outrage her modesty'. It treats it more seriously than normal and criminal force by allowing the police to make arrests for such crimes without a warrant.

The law does not explain what 'outraging modesty' means. Courts usually make this determination by looking at all circumstances surrounding the incident. The Supreme Court referred to 'modesty' as feminine decency and a virtue that women possess owing to their sex.

The punishment is jail time of between one and five years along with a fine.

Important: It is not enough that the victim's modesty is outraged. It is an offence only when the accused intended or knew it to be likely that the acts in question would outrage the victim's modesty.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The IPC is not limited to sexual harassment at the workplace, but punishes such harassment done anywhere.

Section 66A of the IT (Amendment) Act, 2008 prohibits the sending of offensive messages though a communication device (i.e. through an online medium). The types of information this covers are offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of ‘causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.’ If you’re booked under Section 66A, you could face up to 3 years of imprisonment along with a fine.

Many sections of the Indian Penal Code can be used by women who face sexual harassment – these sections can be called into play for online harassment too.

Section 509: Word, gesture or act intended to insult the modesty of a woman.

Section 507: Criminal intimidation by an anonymous communication

Rape threats – and other threats of violence – where the harasser is unknown (useful in a cyber world of ‘trolls’ and fluid identities) can be addressed under this section.

Thus it can be seen that the law is totally agaisnt you if she is pursuing the matter through police, therefore you may decide wisely on this matter before the issue develops and attains an ugly shape.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

it is an offence. Section 66A of the Information Technology (Amendment) Act, 2008 prohibits the sending of offensive messages though a communication device (i.e. through an online medium). The types of information this covers are offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of ‘causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.’ If you’re booked under Section 66A, you could face up to 3 years of imprisonment along with a fine. 66A. Punishment for sending offensive messages through communication service, etc.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello,

Using abuse towards a women is a offence though in the instant case you should not be worried as you haven't committed any offence which can lend you in jail 

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

You should apologise to her 

 

2) there is no harm in apologising in group 

 

3) in case any FIR is lodged you would be spending lot of money on legal fees 

 

4) litigation is long drawn and expensive proposition 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can inform the police that you have sent a private message to her apologising for your behaviour 

 

if police insists send message apologising in group 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Apologize is the best available option,

2. If not, you can submit few evidence like screenshot of the chat, statement of other group members,

3. You may face some harassment due to police proceeds.

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Using abusive language in chat portal is no criminal offence. 

No need to apologise .

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Did you abused her or some other friend. If some other person, avoid the police. Tell him that this is casual way, we talk with friends and the person whom you adrees MC is not affected. And that girl has no locus standi to complain. Remove her from the group. She is insane. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Well defamation to an individual is not a cognizable offence and hence the Police can not register FIR or cause investigation without the direction of the court.

2. Since it is not defamatory there is no need for apology either though there is no harm if you do so on your own.

3. the girl seems to be psychologically aggressive and you can not pacify her by mere  apology .

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Apologise to her in private, if she insists do it in group chat, it costs nothing.

If it goes into litigation mode, it will take lot of time and money and also coupled with tensions etc.

Better settle the same amicably, avoid litigation.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- As per the Information Technology Act, electronic communication can be produce as a proof in court.

- Further, messages sent through WhatsApp messaging app are valid legal evidence under law, and the blue tick over the messaging app is a valid proof.

- Further , Section 66A of the IT Act, prohibits the sending of offensive messages though a communication device, i.e. through an online medium.

- This covers, offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of ‘causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.

- The person who booked under Section 66A, could face up to 3 years of imprisonment along with a fine.

- Hence, you are suggested to finish the matter of dispute with that girl after apologizing for the same. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You need to arrange bail to avoid arrest as this is termed as defamation under IPC and information technology act.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Yes you can apologise to the girl in the group just to finish the matter without FIR against you as it can be much more costlier than apology.

2. If you don't want to apologize in group then visit police station and tell them you already send apology message to her in private. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If you have used such  abusive language then you can file 504 ipc. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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