Is WhatsApp Group Admin Liable For Criminal Action For Objectionable Message by a Member ?

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The Kerala High Court ruled recently that the Admin of a WhatsApp group cannot be held vicariously liable if a member of the group posts objectionable content in the group. 

This, according to Justice Kauser Edappagath, is because vicarious liability in criminal law can only be imposed when a statute requires it. 

The Court also recalled that it is a basic principle of criminal jurisprudence that mens rea must be present in order for an offence to be committed, and that both the act and the intent must be present in order for a crime to be committed. 

The Court further ruled that Sections 67B (a), (b), and (d) of the IT Act, as well as Sections 13, 14, and 15 of the POCSO Act, have been levelled against the petitioner. 

Such liability is not provided for in any of these provisions. There is no legal basis for holding an administrator of any messaging service liable for a post made by a group member. 

According to the IT Act, a WhatsApp Admin cannot act as an intermediary. He does not receive or transmit any record, nor does he provide any service in connection with such record. 

The Admin of a WhatsApp group and its members do not have a master-servant or principal-agent relationship.

To hold an Admin liable for a post made by someone else in the group goes against basic principles of criminal law. 

Furthermore, the only advantage enjoyed by the Admin of a WhatsApp group over other members is the ability to add or delete any of the group’s members. 

He has no physical or other control over what a member of a group posts on the site. 
Similarly, he cannot moderate or censor group messages. 

As a result, it was determined that the creator or administrator of a WhatsApp group, merely acting in that capacity, cannot be held vicariously liable for any objectionable content posted by a group member. 

The Judge also emphasised that there was nothing on record to suggest that the petitioner had published or transmitted, or caused to be published or transmitted, the alleged obscene material in any electronic form, or that he browsed or downloaded the said material or, in any way, facilitated child abuse online. 

Whatsapp Admin Can Land in Jail for Members Post?

Can WhatsApp Group Admin be held vicariously liable for content posted by members?

Delete WhatsApp, If you have problem with it: Delhi HC to the petitioner.

Background 
The petitioner created the ‘FRIENDS’ WhatsApp group. He was the Admin because he was the creator. 

There were two more Admins, one of whom was the first to be charged. 
The first accused posted a porn video depicting children engaging in sexually explicit acts in the group in March 2020. 
As a result, the first accused was charged with a crime under Sections 67B (a), (b), and (d) of the Information Technology Act of 2000, as well as Sections 13, 14, and 15 of the Protection of Children from Sexual Offence Act. 

Later, the petitioner was named as the second accused, as the group’s creator and co-admin. Outraged, he filed a petition with the High Court. 
Because the basic elements of the alleged offences are entirely missing in the case of the petitioner, the Court determined that it is a case in which it can exercise its extraordinary jurisdiction under Section 482 of the Cr.P.C. 

As a result, the proceedings against the petitioner were stayed, and the petition was granted.

Dr Ajay Kummar Pandey
Advocate Supreme Court of India
www.4csupremelawint.com 
You Tube: c/4CSupremeLaw

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कोरोना में पैरेंट्स को राहत:सुप्रीम कोर्ट ने कहा- स्कूल चलाने का खर्च कम हुआ, इसलिए ऑनलाइन क्लासेस की फीस घटानी चाहिए

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Big Day: Big News

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रेमडेसिविर की कालाबाजारी में प्रख्यात न्यूरो सर्जन सहित 3 गिरफ्तार, इंजेक्शन की बड़ी खेप और 36 लाख रुपये बरामद

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Are you ready?

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Can winking and Blowing kisses land you in Jail ?

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Setback for Britannia Industries as Delhi HC junks trademark infringement plea against ITC Limited

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नोएडा, गाजियाबाद से दिल्ली में लग रहे जाम पर सुप्रीम कोर्ट हुआ सख्त, जारी किया नोटिस

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UNHOLY HOLI, Will Holi land you in Jail ?

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क्रिप्टोकरेंसी को सरकार ने किया स्वीकार! कंपनियों को देना होगा हर लेन-देन का हिसाब

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Reservation more than 50 per cent is need of hour: Maharashtra

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आईटीआर में खामी रह जाने पर इनकम टैक्स 7 तरह के नोटिस जारी करता है, जानिए इनका मतलब

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Person Who Has Not Drawn The Cheque Cannot Be Prosecuted U/s 138 NI Act Even In Case Of Joint Liability: Supreme Court

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Didda Copyright Row: दिद्दा कॉपीराइट विवाद पर मुश्किल में कंगना, कोर्ट के आदेश पर एक और FIR दर्ज

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फैसला: सुप्रीम कोर्ट ने किराएदार पर लगाया एक लाख का जुर्माना, अद्भुत मामला दिया करार

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चेतावनी! 15000 रुपए का कटेगा चालान और 2 साल की होगी जेल, अगर गाड़ी में किया यह काम

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Oyo lost arbitral battle

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पत्नी कोई गुलाम या संपत्ति नहीं, पति के साथ रहने के लिए मजबूर नहीं किया जा सकता- सुप्रीम कोर्ट

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किसी को शादी के लिए झूठा वादा नहीं करना चाहिए, चाहे पुरुष हो या महिला: सुप्रीम कोर्ट

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How to jump the corporate ladder by selling Gossip at 15 Crore ?

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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सुप्रीम कोर्ट की बड़ी टिप्पणी: जीवनसाथी की प्रतिष्ठा को ठेस पहुंचाना मानसिक क्रूरता के समान

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पिता की संपत्ति में मिलता है बराबरी का हिस्‍सा, हर बहू-बेटी को पता होने चाहिए अपने ये अधिकार

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उत्तराधिकार पर सुप्रीम कोर्ट का बड़ा फैसला, महिला का मायका पक्ष भी परिवार का हिस्सा

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Act beyond Act: CSR

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स्किन से स्किन टच के बिना सेक्सुअल असॉल्ट का मामला नहीं... हाई कोर्ट के इस फैसले के खिलाफ महिला आयोग सुप्रीम कोर्ट पहुंची

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Decriminalisation of the Limited Liability Partnership Act

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Budget 2021: Key changes in GST to help small and medium- sized businesses

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1 to 5 crore loan without colletral made easy: Budget 2021

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Is GST is becoming a headache for you.

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Moment of rare pride

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बिहार पुलिस के सर्कुल ने बिहार प्रेस बिल की याद दिला दी है

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Italy court orders Facebook to pay $5 million in damages for copying app

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Foreigner To Deposit Cash Amount For Bail

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How legal is COVID-19 vaccine ?

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WhatsApp's private chat leaked on Google, anyone can read your personal talks

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Do you know 18 must Laws for every Indian?

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Why should I trust you or your business?

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Do you need clearance from your RWA to employ your maid?

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क्या तलाकशुदा पत्नी घरेलू हिंसा अधिनियम के तहत निवास के अधिकार का दावा कर सकती है?

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SC grants Woman's Right to Residence Under the Domestic Violence Act

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Corporate War: Cookie King who fought with TATA and Ambani

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HINDU MARRIAGE ACT : DIVORCE GRANTED TO HUSBAND ON THE GROUND OF MENTAL CRUELTY CAUSED BY WIFE

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Facebook love or chat can land you in Jail

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Financer can take way Car in case of payment default

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18000 Crore Company, 8000 Crore personal worth, wife & sons living in street

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Do you love your wife and children?

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When the second marriage of a married woman / man becomes an offense under section 494

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Is Rhea Chakraborty guilty?

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Daughters have equal right in ancestral property

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Is second wife entitled for share in Property?

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How to save your hard-earned wealth from legal hassles?

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What will happen to property of Hindu after his death?

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Are you safe at home?

WhatsApp, WhatsApp Group Admin, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Copyright Patent, Trademark Registration Lawyers,Traffic Violation, RTO and Transportation Lawyers
Can sex with your own wife land you in jail ?

WhatsApp, WhatsApp Group Admin, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Copyright Patent, Trademark Registration Lawyers,Traffic Violation, RTO and Transportation Lawyers
Can you land in jail for sharing Obscene Message online in private?

WhatsApp, WhatsApp Group Admin, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Copyright Patent, Trademark Registration Lawyers,Traffic Violation, RTO and Transportation Lawyers
Legally speaking who discovered America?

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47 years old legal dispute finally decided

WhatsApp, WhatsApp Group Admin, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Copyright Patent, Trademark Registration Lawyers,Traffic Violation, RTO and Transportation Lawyers
Are you a victim of Covid-19 Goonda Raj? Part-2

WhatsApp, WhatsApp Group Admin, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Copyright Patent, Trademark Registration Lawyers,Traffic Violation, RTO and Transportation Lawyers
Are you a victim of Covid-19 Goonda Raj ?

WhatsApp, WhatsApp Group Admin, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Copyright Patent, Trademark Registration Lawyers,Traffic Violation, RTO and Transportation Lawyers
Can RWA stop your maid from coming to your home?

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Can you escape Contractual Obligation under Covid-19?

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Coronavirus: Is vaccine found for India Inc?

WhatsApp, WhatsApp Group Admin, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Copyright Patent, Trademark Registration Lawyers,Traffic Violation, RTO and Transportation Lawyers
Is Wife Entitled to Maintenance Even If She Runs A Business & Earns Income?

WhatsApp, WhatsApp Group Admin, Family Court, Divorce and Domestic Lawyers, Property, Land, Real Estate Lawyers, Court Marriage and Matrimonial Lawyers, Civil Lawyers, Criminal Lawyers, Corporate and Company Lawyers, High Court Lawyers, Consumer Protection and Dispute Lawyers, Industrial and Labour Lawyers, Charitable Trust, Society and NGO Registration, Legal Consultants, Cheque Bounce Case Lawyers, Copyright Patent, Trademark Registration Lawyers,Traffic Violation, RTO and Transportation Lawyers
Who will pay rent for lockdown period?

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Legal consequences of being whatsapp group admin

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