Bombay High Court says WhatsApp circulation can constitute public view under SC/ST law
The Bombay High Court has held that sharing videos and photographs of a person from an SC/ST community on WhatsApp can fall within “public view” under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The court also rejected Nikhil Thepale’s bail plea, citing his continued absence since the FIR was registered.
The Bombay High Court has ruled that circulating videos and photographs of a person belonging to an SC/ST community on WhatsApp can fall within “public view” for the purposes of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The court also dismissed a bail plea filed by Nikhil Thepale. Justice Yanshivraj Khobragade said the material before the court was sufficient to constitute offences under Sections 3(1)(w)(ii) and 3(2)(va) of the Atrocities Act.
The judge held that sending the material from a mobile phone to the victim’s husband, sister-in-law and relatives came within the relevant legal provision. According to the case material, the victim belongs to an SC/ST community. Thepale allegedly demanded favours from the victim and, after she refused, recorded videos and photographs and circulated them on WhatsApp.
Thepale is facing charges under Sections 77 and 78 of the Bharatiya Nyaya Sanhita, 2023, as well as provisions of the Information Technology Act, including Sections 66(E) and 67. The case also invokes Sections 3(1)(r), 3(1)(w)(ii) and 3(2)(va) of the Atrocities Act. The First Information Report was registered on November 5, 2025.
The High Court noted that Thepale had remained absconding from the date of registration of the crime. “Therefore, to my mind, the appellant is not entitled to bail,” Justice Khobragade said while rejecting the plea. Advocate Mahesh Rai appeared for Thepale, Public Prosecutor G.
S. Umale represented the State, and advocate Sanket Joshi appeared for the victim.
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