कोलकाता हाईकोर्ट ने कहा: डिजिटल क्षेत्र में जातिगत गाली पर आपराधिक कार्रवाई संभव

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- Casteist slur on social media can invite penal action: Calcutta High Court

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Kolkata: Casteist slurs in the âdigital domainâ come under the penal purview, Calcutta High Court has observed, directing police to reinvestigate a Behala residentâs complaint against Facebook posts abusing him because of his caste. Police had filed a closure report in a lower court on the grounds that the social media platform did not cooperate with the investigating officers.âUnder Section 3(1)(r)/(s) of SC/ST (Prevention of Atrocities) Act, public view transcends physical space into the digital domain,â the single-judge bench of Justice Uday Kumar said on Sept 25. The sections criminalise intentional caste-based insults, intimidation and abuses directed at members of Scheduled Castes or Scheduled Tribes in public view.The judge, who extended the ambit of âpublic viewâ to âdigital domainâ, observed that police could not simply throw up their hands and say âno clueâ just because the local anti-cybercrime cell had hit a dead end while pursuing the case with the social media platform to ascertain the user IDs of those who made the posts. The case was sent back to the lower court.The judge criticised police for filing a closure report without a cyber-forensic probe by a specialised CID unit or following the IP-log tracking protocol, and observed that the trial courtâs failure to order a further probe by a senior officer amounted to a âserious miscarriage of justiceâ.The lower court had rejected a âna-rajiâ (protest) petition by the complainant against the decision to close the case and accepted the âFinal Report True, No Clue (FRT)â report filed by police.

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