The story

Mr. Rohan, a resident of a city named Anandpur, was a member of a WhatsApp group called “Old Team Connect,” which consisted of colleagues from his former employer, “Innovate Tech Solutions.” In this group, members frequently shared various messages, including political commentary and forwarded content. One day, a message was posted regarding a sensitive local issue known as the “Girnar Hills Controversy.”

While Mr. Rohan did not forward the initial message, he responded to it by sharing his personal opinion. Another member of the group, Mr. Vikram, found the comment offensive and proceeded to file a complaint with the local police. Subsequently, Mr. Rohan received a phone call from the Anandpur City Police Station, requesting his presence to discuss the matter. This unexpected call left both Mr. Rohan and his family confused and worried about the potential legal consequences and the appropriate course of action.

Advice in such cases

• Stay Calm: Panicking will not help. Understand that a police call is often for a preliminary inquiry and not an immediate arrest.
• Do Not Ignore the Summons: Ignoring a call or notice from the police can lead to more serious legal complications. It is best to cooperate with the authorities.
• Preserve Evidence: Do not delete the message, the chat, or leave the group. Take screenshots of the entire relevant conversation. This is crucial evidence for your defence.
• Gather Information: Try to understand the nature of the complaint. When you speak with the police, politely ask about the complaint filed against you.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Depending on the content of the message, several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, could be invoked. These may include:

• Section 194 of BNS, 2023: Pertains to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.
• Section 297 of BNS, 2023: Deals with acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
• Section 351 of BNS, 2023: Covers criminal intimidation, if the message was threatening in nature.

The police procedure for summoning and investigation is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

If you are the complainant

• Document Everything: Take clear screenshots of the offensive message, the name of the sender, the group name, and the date and time.
• File a Written Complaint: Visit the nearest police station and submit a detailed written complaint. Clearly state the facts and how the message has offended or harmed you.
• Provide Evidence: Submit the screenshots and any other relevant evidence to the police. Be prepared to hand over your phone for forensic examination if required.
• Follow Up: Stay in touch with the investigating officer to know the status of your complaint and whether an FIR has been registered.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the one who has been called to the police station (the accused in this context):

• Seek Legal Representation: It is highly advisable to visit the police station with your lawyer. A lawyer can ensure your rights are protected.
• Understand Your Rights: You have the right to remain silent and the right not to incriminate yourself. You also have the right to know the contents of the complaint against you.
• Cooperate but Be Cautious: Provide factual information but avoid making any speculative statements or admitting guilt without legal advice.
• Anticipatory Bail: If you fear that you may be arrested for a non-bailable offence, your lawyer can file for anticipatory bail under Section 482 of the BNSS, 2023.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Initially, the police will conduct a preliminary inquiry to ascertain the facts. They will record the statements of the complainant and the person against whom the complaint is made. They may also question other members of the WhatsApp group. In many cases, if the offence is not severe, the police may try to mediate between the parties and resolve the issue amicably. However, if they find that a cognizable offence has been committed, they are bound to register a First Information Report (FIR) and proceed with a formal investigation. They may also seize the mobile phones involved for forensic analysis.

FAQs people normally have

Can I be arrested for a WhatsApp message?
Yes. If your message or comment constitutes a cognizable offence under the Bharatiya Nyaya Sanhita, such as inciting hatred, making threats, or outraging religious feelings, the police can take action, which may include arrest.

Is a police phone call a formal summons?
A phone call is an informal way to ask you to come to the station. A formal summons is a written notice issued under the BNSS. However, it is never advisable to ignore even an informal request from the police.

What if I was not the original sender of the message?
Even if you only commented on or forwarded a message, you can still be held liable if your action contributes to the offence. The context and content of your specific comment will be examined.

What evidence is required?

The primary evidence in such cases is electronic. This includes:

• Screenshots of the conversation showing the message, sender, group, date, and time.
• The mobile devices of the complainant and the accused.
• Witness statements from other members of the group.
• A certificate under Section 65B of the Bharatiya Sakshya Adhiniyam (BSA), 2023, is required to prove the authenticity of electronic records in court.

How long will the investigation take?

The duration of the investigation can vary significantly. A preliminary inquiry might be concluded within a few days. If an FIR is registered, the investigation can take several weeks to months, depending on the complexity of the case, forensic analysis requirements, and the workload of the investigating agency.

Advocate Sudhir Rao, Supreme Court of India