Karnataka HC Refuses to Quash Case Against Man Who Used Fake Social Media Accounts to Defame Sister-in-Law [Read Order]

Karnataka: The Karnataka High Court has refused to quash criminal proceedings against a man accused of creating fake social media accounts to defame his sister-in-law, holding that the allegations, if proven, would amount to defamation under the Indian Penal Code and offences under the Information Technology Act, 2000.

Justice M.I. Arun delivered the order while dismissing the petitioner’s plea filed under Section 482 of the Code of Criminal Procedure, seeking to quash proceedings in C.C. No. 16087/2022 pending before the I Additional Chief Metropolitan Magistrate, Bengaluru.

The complainant, who is married to the petitioner’s brother, alleged that due to ongoing matrimonial disputes, the petitioner had been harassing and defaming her by creating fake social media profiles. One such account allegedly impersonated her, portraying her as a call girl seeking men online. It was further alleged that other anonymous accounts posted highly defamatory messages and obscene remarks targeting her and her family, all accessible to the general public.

Based on her private complaint under Section 200 CrPC, the Magistrate took cognizance of offences punishable under Sections 499 and 500 of the IPC and Sections 66(c), 66(d), and 67A of the Information Technology Act, 2000. After recording sworn statements and evaluating the material on record, charges were framed against the petitioner.

The petitioner contended that he was innocent and had not created any such accounts, and that even if the allegations were true, the ingredients of the offences were not made out. However, Justice Arun rejected this argument, observing that creating fake social media accounts accessible in the public domain, portraying a woman as a prostitute, and posting defamatory content about her and her family members clearly constitutes defamatory conduct under the law.

The Court held that prima facie material existed to proceed with the case and found no illegality in the trial court’s decision to frame charges. It thus dismissed the petition, allowing the criminal proceedings to continue.

Case Title: Pramod Shivashankar v. Smt. Vaishnavi

[Read Order]