Video circulating on WhatsApp falls under SC/ST Act: Bombay HC

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The Bombay High Court has held that the sharing of a video of a person belonging to the SC/ST community on WhatsApp falls under “public scrutiny” and is covered by the provisions of the SC/ST (Prevention of Atrocities) Act. Judge Yanshivraj Khobragade gave the decision and the court also rejected the bail application of the appellant Nikhil Thepale.

. . Mr. Thepale faces charges under Sections 77 and 78 of the Bharatiya Nyaya Sanhita Act, 2023. The 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 the SC/ST community from whom Thepale demanded a favour. When the victim refused, Thepale uploaded videos and photographs of the victim and sent them on WhatsApp to her husband, sister-in-law and relatives.

Justice Khobragade observed that the material on record was sufficient to constitute an offense under Sections 3(1)(w)(ii) and 3(2)(va) of the SC/ST Act. The dissemination of videos and photographs of the victim on WhatsApp from a cellphone also fell within “public scrutiny”, the judge said.

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

Ruling on the bail application, Justice Khobragade said, “The appellant is absconding from the date of registration of the crime. Therefore, in my opinion, the appellant is not eligible for bail.”

Advocate Mahesh Rai appeared for the complainant, public prosecutor GS Umale represented the state and advocate Sanket Joshi appeared for the victim.

Published – 1 October 2026 22:28 IST