WhatsApp Sharing of Exam Paper Not a Privacy Offence Under IT Act: Gujarat High Court

The Gujarat High Court has held that sharing photographs of a Gujarat Public Service Commission (GPSC) examination paper through WhatsApp does not attract the offence of violating privacy under Section 66-E of the Information Technology Act. The Court also quashed the charge under Section 188 of the Indian Penal Code (IPC), while allowing the investigation to continue for any other offences that may be made out.

Justice P.M. Raval was hearing a petition filed by Rahul Babulal Purohit and another, who challenged an FIR registered after a GPSC candidate allegedly clicked photographs of the question paper inside the examination hall and sent them to his brother via WhatsApp.

The Court observed that Section 66-E applies only to the capture, publication or transmission of images of a person's private body parts without consent. Since the allegation concerned photographs of an examination paper and not any individual's private area, the provision had no application.

On the allegation under Section 188 IPC, the Court held that GPSC examination instructions prohibiting mobile phones cannot be treated as an order "duly promulgated" by a public servant. It further noted that prosecution under Section 188 requires compliance with Section 195 of the Code of Criminal Procedure, which mandates a written complaint by the competent public authority before cognisance can be taken.

Accordingly, the High Court removed Sections 188 IPC and 66-E of the IT Act from the FIR but clarified that the investigating agency remains free to proceed with any other offences supported by the facts of the case.