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Rajasthan High Court Imposes 3-Year Social Media Ban in Under Section 77 BNS
In a significant judicial directive, the has granted bail to a man accused of morphing a minor girl’s photograph and circulating it on social media, while attaching a stringent condition: a total three-year ban on the petitioner’s use of any social media platforms.
The case was heard by Justice Ashok Kumar Jain , who presided over the bail application of one Tulsa Ram, alias Tushar, who was arrested in . The accused faced charges under for , as well as provisions under the and the .
Case Background The dispute originated from a complaint filed in by the mother of a minor victim. The police investigation alleged that between , the accused had morphed a photograph of the victim, subsequently uploading the imagery to social media platforms with the intent to defame her. Following his arrest on , the investigation concluded with the filing of a .
During the , the argued that the investigation was compete and that the accused—a young man—held a friendship with the victim. It was suggested that the accused deserved an opportunity to reform and would comply with any reasonable court-ordered restrictions.
Legal Arguments The complainant and the opposed the bail, highlighting the serious nature of the allegations. However, the Court observed that because the statements of the victim () and her mother () had already been recorded before the , the risk of the petitioner influencing the witnesses was minimized.
The Defense counsel played a pivotal role in the final outcome by proactively submitting that if the Court deemed that social media had been misused, it could impose a restrictive condition on its usage.
Key Observations The Court emphasized the necessity of curbing online misconduct to ensure victim safety. In its order, the Bench noted:
“The applicant-accused has misused the social media, therefore, it is appropriate to restrict use of social media at least for three years so that he may learn a lesson not to misuse any online platform.”
Furthermore, regarding potential repercussions of violating the mandate, the Court stated:
“The applicant-accused shall submit an affidavit/undertaking before the for not using social media platform including Facebook, Instagram, Thread, Snapchat etc. for a period of three years and if it is found that the applicant-accused is using any of the social media platform in his own name or any fictitious name then his may be recalled by the itself.”
Court’s Decision and Future Implications The Rajasthan High Court granted bail upon the execution of a of ₹50,000 with two of equivalent value. Beyond the prohibition on Facebook, Instagram, X (formerly Twitter), and other platforms, the Court mandated that the accused maintain no contact, directly or indirectly, with the victim or her family.
This ruling stands as a notable example of the judiciary utilizing innovative bail conditions to address the modern intersection of criminal conduct and digital exposure. By linking the liberty of the accused to his online presence, the Rajasthan High Court has sent a clear signal that digital accountability is now a central component of . The order ensures that if the petitioner fails to show restraint, the protection of his bail will be revoked, marking a stern warning to those who exploit online platforms for criminal activities.
