Bombay Court Ruling: Sending Obscene WhatsApp Messages Is a Serious Criminal Offence
Date of Judgment: 18 February 2025
Court: Sessions Court, Dindoshi, Mumbai
Case Title: Narsingh Bhujangrao Gude v. State of Maharashtra
Sections Involved:
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Section 509 IPC (Insulting the modesty of a woman)
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Sections 67 & 67A of the Information Technology Act, 2000 (Electronic transmission of obscene material)
Case in Brief
A female corporator in Mumbai received a barrage of inappropriate and obscene WhatsApp messages from an unknown number late at night during a public event in her constituency. The messages, containing sexually suggestive texts and images, deeply disturbed her. After informing her husband, she lodged a police complaint.
Investigations revealed that the messages were sent from a number registered in the name of the accused, Narsingh Bhujangrao Gude. The trial court convicted him, and his appeal was dismissed by the Sessions Court, which upheld the conviction and imprisonment.
Legal Findings
1. Electronic Evidence Is Admissible If Properly Certified
The Court held that WhatsApp messages and screenshots, when accompanied by a valid certificate under Section 65B of the Indian Evidence Act, are admissible in court. The victim had submitted this certificate, making the evidence legally robust.
2. Mobile Number Registration Matters
Though the defense argued that mere registration of a mobile number isn’t enough to prove usage, the court relied on:
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Vodafone ownership details
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Cyber Forensic Report confirming message origin
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Lack of alternate explanation from the accused
This circumstantial evidence led to an adverse inference under Section 106 of the Evidence Act, placing the burden of explanation on the accused.
3. No Woman Would Stake Her Dignity for a False Case
The court emphatically rejected the notion of political rivalry or false implication. It reiterated that no woman, particularly a public figure, would risk her reputation to falsely accuse someone of sending obscene messages.
4. Obscene Messages Can Be a Crime Under IPC/BNS and IT Act
The court found that the language and images were obscene enough to:
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Insult the modesty of a woman (Section 509 IPC)
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Violate Sections 67 and 67A of the IT Act, which penalize transmission of lascivious and sexually explicit content.
This case is a milestone in reinforcing that online abuse, even on personal messaging platforms like WhatsApp, has serious legal consequences. It highlights
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Cybercrime India judgment 2025
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WhatsApp abuse punishment
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Section 67 IT Act explained
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Section 509 IPC conviction
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Obscene messages legal consequences India
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Forensic evidence in WhatsApp cases
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Mumbai Sessions Court cyber case

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