
The Allahabad High Court has held that even if a WhatsApp message does not explicitly mention religion, it can still promote enmity or ill-will between communities through its implied meaning.
The ruling came in a case where the petitioner shared a message suggesting that his brother had been falsely implicated in a case because of his religious identity. The Court refused to quash the FIR, observing that the message’s tone implied communal bias.
The Court added that such messages could attract liability for promoting enmity under Section 352 of the Bharatiya Nyaya Sanhita.
[Afaq Ahmad v State of U.P. & Ors.]
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