Digital Technology Changing Face of Crime: Allahabad High Court
The Allahabad High Court recently refused to grant bail to a man accused of circulating indecent photographs of a woman via WhatsApp, observing that digital technology is increasingly being used to commit grave offences that can “destroy lives”.
"Digital technology is altering the face of crime. Indecent pictures of a person when circulated on public platforms by social media can destroy lives. This is the hard social reality," court said, emphasising that " the offenders have to be booked and the trial had to be concluded in expeditious time frame.
The bail plea was filed by one Ramdev, who has been in jail since January 9 this year in connection with an FIR lodged at Utraon police station in Prayagraj under various provisions of the Bharatiya Nyaya Sanhita (BNS) and Section 67A of the Information Technology Act. He has been identified as the principal accused in the case. The prosecution alleged that he had circulated explicit images of the victim on social media platforms.
While noting the seriousness of the offence, the single-judge bench of Justice Ajay Bhanot said that at this stage no case for bail was made out.
Although the bail application was dismissed, the court issued a slew of directions to ensure that the trial is completed swiftly.
It directed the trial court to make every effort to conclude proceedings within a year and instructed the Forensic Science Laboratory to submit its report within two months.
To address delays often caused by procedural lapses, the high court ordered the Commissioner of Police, Prayagraj, to file affidavits before the trial court regarding the execution of warrants and service of summons. It also warned that witnesses who fail to appear despite summons should face strict coercive action and that advocates or parties delaying the trial should be penalised with exemplary costs.
Court referred to earlier decisions in Bhanwar Singh @ Karamvir and Jitendra cases, where the court had pulled up police authorities for their failure to serve summons and execute warrants, calling it a serious concern. In both cases, directions had been issued to nominate nodal officers for ensuring compliance.
Further, the high court clarified that if any accused person on bail attempts to delay the trial or fails to cooperate, their bail may be cancelled by the trial court without requiring intervention from the high court.
Moreover, the trial judge has been asked to submit fortnightly updates on the progress of the case to the district judge. Court also directed the Registrar (Compliance) to communicate the order to the trial court and Commissioner of Police.
Case Title: Ramdev vs State of UP
Download order here