Circulating video on WhatsApp falls under SC/ST Act: Bombay HC

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The Bombay High Court has ruled that circulating a video of a person belonging to the SC/ST community on WhatsApp falls within “public view” and attracts provisions of the SC/ST (Prevention of Atrocities) Act. Justice Yanshivraj Khobragade delivered the ruling and the Court also dismissed a bail plea by the appellant Nikhil Thepale.

. . Mr. Thepale is facing charges under Sections 77 and 78 of the Bharatiya Nyaya Sanhita, 2023. These charges include Sections 66(E) and 67 of the Information Technology Act, 2000 and Sections 3(1)(r) and 3(1)(w)(ii) of the Atrocities Act.

The victim belongs to an SC/ST community from whom Thepale demanded favours. When the victim refused, Thepale recorded videos and photographs of the victim and sent these on WhatsApp to her husband, sister-in-law, and relatives.

Justice Khobragade noted that material on record was sufficient to constitute an offence under Sections 3(1)(w)(ii) and 3(2) (va) of the SC/ST Act. The circulation of videos and photographs of the victim on WhatsApp from a mobile also fell within “public view”, the judge stated.

The FIR was lodged on November 5, 2025, and Thepale has been absconding since that date.

Ruling on the bail plea Justice Khobragade said, "The appellant has remained absconding since the date of registration of the crime. Therefore, to my mind, the appellant is not entitled to bail."

Advocate Mahesh Rai appeared for the appellant, Public Prosecutor G. S. Umale represented the State, and advocate Sanket Joshi appeared for the victim.

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