Offensive images sent on WhatsApp fall under SC/ST Act, rules Bombay HC's Nagpur bench

The Nagpur bench of the Bombay High Court has made it clear that sharing or forwarding an offensive photo or video of a person from the SC or ST community on a digital platform such as WhatsApp comes within "public view". The stringent provisions of the SC/ST Act will apply in such cases. The court said this while hearing the anticipatory bail plea of Nikhil Thepale.

The ruling carries a strong message for those who believe that an offensive photo or video sent privately remains beyond the reach of the law.

An FIR was registered against the accused under Sections 77 (voyeurism) and 78 (stalking) of the Bharatiya Nyaya Sanhita, Sections 66(E) and 67 of the IT Act, and serious sections of the SC/ST Act. The FIR was registered on November 5, 2025.

According to the case, the complainant is a woman from the SC/ST community. It is alleged that the accused demanded forced physical relations and sexual favours from her. When she refused, the accused allegedly made objectionable videos and photographs of her. He is then alleged to have sent them to the WhatsApp numbers of her husband and relatives.

During the hearing, the accused's lawyer argued that sending photos or videos on a personal messaging platform such as WhatsApp is a matter between two people or a select few. He said it could not be treated as an act done in public view, and so the sections of the SC/ST Act should not apply.

A single bench of Justice Urmila Joshi-Phalke...