The Bench was hearing a plea filed by a 39-year-old man seeking to quash the FIR lodged against him under Section 153-A of the Indian Penal Code (IPC) for posting abusive content after hacking the Facebook page of MLA Ravi Rana.
The prosecution claimed that the accused intended to create disharmony among various groups by using abusive language against Rana’s political opponents.
However, the accused contended that Section 153-A is attracted only when there is an intention to create disharmony between two groups based on religion, race, caste etc.
“In the present case, considering the essential ingredients of an offence under Section 153-A of Indian Penal Code and the filthy language used to denounce a leader, we are of the view that this fine balance on which the social media stands is upset,” the Bench said, after hearing both the sides.
Even though the offence under Section 153-A was not made out in this case, it does not give licence to the accused to revile state government officials, the Bench added.
Source: Barandbench
