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2024 Supreme(SC) 488

M. M. SUNDRESH, S. V. N. BHATTI
Priti Agarwalla – Appellant
Versus
State of GNCT of Delhi – Respondent


Advocates appeared:
For Appellant(s) Mr. Sidharth Luthra, Sr. Adv. Mr. Amir Singh Pasrich, Adv. Mr. Shiv Chopra, Adv. Mr. Ansh Singh Luthra, Adv. Ms. Mohana Malhotra, Adv. Mr. Karan Bahmani, Adv. Ms. Vanya Chaturvedi, Adv. Mr. Pankaj Singhal, Adv. Mr. Ayush Agarwal, Adv. Ms. Aadya Khanna, Adv. Mr. Harmanpreet Singh Arora, Adv. Ms. Meera Mathur, AOR Mr. Mukesh Kumar Maroria, AOR Mr. Sanjay Kumar Dubey, Adv.
For the Respondent(s): Mr. Chirag M. Shroff, AOR Mr. Dhananjay Kataria, Adv. Mr. Kapil Modi, Adv. Mr. Abhishek Gautam, Adv. Mr. Rohit Shukla, Adv. Mr. Sarthak Dutta, Adv. Mr. Yogendra Singh, Adv. Mr. Ramjee Pandey, AOR Mr. Kapil Modi, Adv. Mr. Abhishek Gautam, Adv. Mr. Rohit Shukla, Adv. Mr. Anil Kumar, AOR Mrs. Aishwariya Bahti, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mrs. Aakansha Kaul, Adv. Mr. Adit Khorana, Adv. Mrs. Vimla Sinha, Adv. Mr. Aman Sharma, Adv. Caveator-in-person, AOR

Judgement Key Points

The ratio decidendi of this case regarding the point about WhatsApp chat and its admissibility is that for an online chat or digital communication to be considered in the context of an offence under the relevant Act, it must meet certain criteria, notably that the communication was made in "public view" or in a manner accessible to the public or third parties. The Court emphasized that the mere existence of a chat or conversation, such as one on WhatsApp, does not automatically qualify as an act committed in "public view" unless it can be shown that the content was accessible or visible to the public or a third party in a manner that satisfies the legal requirement for such offences.

Furthermore, the Court clarified that the content of digital messages or chats must be examined intrinsically to determine whether they contain elements that constitute an offence under the law, considering the context and the nature of the communication. If the content does not demonstrate that the communication was made in a manner accessible to the public or in a public place, then it cannot be deemed to have been made in "public view" for the purposes of the offence.

In this case, the Court found that the allegations based on WhatsApp conversations did not sufficiently establish that the messages were made in "public view" or in a manner that would attract the provisions of the relevant Act. The content of the chat, when read in context, did not contain the ingredients necessary to constitute an offence, particularly because the communication was not demonstrated to have been accessible to the public or third parties in a manner that would fulfill the legal requirement.

Thus, the admissibility and consideration of WhatsApp chats hinge on their being made in a manner that satisfies the statutory requirement of "public view," and mere digital communication, without this element, cannot be automatically relied upon to establish an offence under the law.


JUDGMENT

S.V.N. BHATTI, J.

I. FACTUAL MATRIX

1. The Olympic Riding and Equestrian Academy, Eastern Jaunapur, New Delhi (for short, “OREA”), is a training facility for enthusiastic equestrian athletes. Mr. Kapil Nath Modi administers and runs the said training facility. Appellant Nos. 2, 3, 6 and Respondent No. 2 were the trainee athletes in OREA. Appellant No. 1 is the mother of Appellant No. 2. Appellant Nos. 4 and 5 are the parents of Appellant No. 6.

2. Appellant No. 2 was admitted for equestrian training into the Academy in June 2010. Appellant No. 3 was accepted into OREA in the year 2009. Appellant No. 6 has also been receiving training in the Academy for a little over two years. Respondent No. 2, a passionate athlete who dreamt of being the first Olympic champion of dressage, claims to have been receiving training in equestrian sport in OREA since 2015.

2.1 The equestrian sport dates back to the ancient Greek era and has been an Olympic sport from 1900 onwards. The dressage sport is popularly known as horse ballet. The riders and their horses are judged based on their movement, calmness, suppleness and flexibility. One judges the horse’s enthusiasm to perform each element with mi

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