Merely Liking Post On Social Media Will Not Attract Offence U/S. 67 Information Technology Act: Allahabad High Court Quashes Criminal Case
The application before the Allahabad High Court had been filed to quash the entire proceedings of a Criminal Case registered under sections 147, 148, 149 of the I.P.C., section 67 of the Information Technology (Amendment) Act, 2008 and section 7 of the Criminal Law Amendment Act.
Justice Saurabh Srivastava, Allahabad High Court
While quashing a case against a man booked under the Information Technology Act, the Allahabad High Court has held that merely liking a post on social media will not attract a penalty under section 67.
The application before the High Court had been filed to quash the impugned charge sheet issued in the year 2021, cognizance order as well as the entire proceedings of a Criminal Case registered under sections 147, 148, 149 of the I.P.C., section 67 of the Information Technology (Amendment) Act, 2008 and section 7 of the Criminal Law Amendment Act.
The Single Bench of Justice Saurabh Srivastava explained, “ From the perusal of the provision mentioned above, it is clear that publishing or transmitting obscene material is an offence. A post or message can be said to be published when it is posted, and a post or message can be said to be transmitted when it is shared or retweeted. In the present case, it is alleged that there is material in the case diary showing that the applicant has liked the post of one Farhan Usman for unlawful assembly, but liking a post will not amount to publishing or transmitting the post, therefore, merely liking a post will not attract Section 67 I.T. Act.”
Advocate Abhishek Ankur Chaurasia represented the Petitioner, while Government Advocate represented the Opposite Party.
Factual Background
It was alleged that the applicant posted certain provocative messages on social media, which resulted in the assembly of about 600-700 persons belonging to the Muslim community to arrange a procession without permission. This allegedly caused a serious threat to breach of peace.
Reasoning
Referring to Section 67 of the I.T. Act, the Bench noted that the same is punishable only when any person publishes or transmits or causes to be published or transmitted in the electronic form any material which tends to deprave and corrupt persons who read, see or hear the aforesaid material/message contained or embodied.
“Even otherwise, from the material on record, it appears that no message which could be provocative in nature is available on record and merely liking a message published by Chaudhari Farhan Usman will not attract penalty u/s 67 of I.T. Act or any other criminal offence”, it said.
Reference was also made to the judgment of the Apex Court in Kaushal Kishor vs. State of U.P. and others; (2023) wherein it has been observed that every citizen of India must consciously be restrained in speech, and exercise the right to freedom of speech and expression under Article 19(1)(a) of the Constitution only in the sense that it was intended by the framers of the Constitution, to be exercised. “Even otherwise Section 67 of the I.T. Act is for the obscene material and not for provocative material. The words "lascivious or appeals to the prurient interest" mean relating to sexual interest and desire, therefore, Section 67 I.T. Act does not prescribe any punishment for other provocative material”, it added.
The Bench found no material which would could connect the applicant with any objectionable post, as there was no offensive post available on Facebook and Whatsapp accounts of the applicant. Thus, the Bench allowed the application and quashed the case registered against the applicant.
Cause Title: Imran Khan v. State of U.P. and Another (Neutral Citation: 2025:AHC:56788)
Appearance:
Petitioner: Advocates Abhishek Ankur Chaurasia, Diwan Saifullah Khan
Opposite Party: Government Advocate