Interestingly, PM Modi & other Union Ministers like @PiyushGoyalOffc who follow handles spreading fake/news and hate speech can themselves be prosecuted under law which carries punishment of 6 months imprisonment.
Here's how: Thread 👇
Here's how: Thread 👇
Section 141 of the IPC criminalizes "unlawful assemblies" which essentially refers to a gathering of "5 or more people" to commit a crime or infringe on fundamental rights of others.
Interestingly, the law nowhere says that they have to physically be in the same place
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Interestingly, the law nowhere says that they have to physically be in the same place
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In 2015, a PIL was filed in Gujarat HC (Gaurav Vyas vs. State of Gujarat) where the petitioner appealed against govt blocking internet services during the Patel agitation.
Dismissing the PIL, the HC observed that the law against unlawful assemblies also applies online.
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Dismissing the PIL, the HC observed that the law against unlawful assemblies also applies online.
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Ergo, 5 or more people gathering/meeting on the internet in pursuance of committing a crime/disturbing public tranquility is an unlawful assembly.
That also means that people who run hashtags or lead troll mobs online are part of an unlawful assembly under IPC 141.
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That also means that people who run hashtags or lead troll mobs online are part of an unlawful assembly under IPC 141.
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Now, there's an interesting provision called Section 39(1) in the CrPC.
It says that any person who fails to report offenses under certain sections of the law shall be punishable for not doing so.
This includes failing to report offenses of an unlawful assembly.
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It says that any person who fails to report offenses under certain sections of the law shall be punishable for not doing so.
This includes failing to report offenses of an unlawful assembly.
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When the PM & other Union Ministers follow handles that are a part of an online "unlawful assembly", they commit a crime when they don't report these people to the police or to the nearest Magistrate.
They ARE liable for the actions of those they follow on Twitter.
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They ARE liable for the actions of those they follow on Twitter.
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It's a fervent appeal to PM Modi ji & other Union Ministers to either
(a) unfollow such handles or
(b) report the unlawful assemblies they follow online to the police/nearest Magistrate.
Failure to do so is a crime under Sec. 39(1) of the CrPC.
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(a) unfollow such handles or
(b) report the unlawful assemblies they follow online to the police/nearest Magistrate.
Failure to do so is a crime under Sec. 39(1) of the CrPC.
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Meanwhile, it's time to start prosecuting those who run hate-speech and communal hashtags by treating them as an online unlawful assembly.
Warning: Anyone that's going to be a part of an online hate "mob" shall now be closely watched & prosecuted.
You've been served.
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Warning: Anyone that's going to be a part of an online hate "mob" shall now be closely watched & prosecuted.
You've been served.
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