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Shared ex-girlfriend’s contact number on whatsapp group

Shivendra Pratap Singh

Advocate

24/02/2020

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I had shared ex-girlfriend’s contact number on WhatsApp group of a call girl. I have 6-7 contacts saved in my contact list as call girls and they are a professional escort. After 2 days I received abusive messages on my Facebook messenger and WhatsApp. All those guys also sent me 2 screenshots.

Those people told me that they will file FIR against me in the police station, crime branch and women cell. They were using all abusing words for my parents and family. To which I told if you have anything with me keep my family away, he continued using aggressive and abusing language for my mother, father and sister.

Actually, my ex-girlfriend is the wife of one of that person. I have mistakenly shared her mobile number on the WhatsApp chat of call girls. Now her husband wants to file a case against me for sharing her number in WhatsApp group.

Question from: New Delhi

You knew that it is Whatsapp chat of call girls despite that you had shared her mobile number. This act proves that you have knowingly shared her number to pretend her as a call girl. Thus, you have committed the offence when you shared ex-girlfriend’s contact number on WhatsApp group. It is an offence under section 354-D, 500 & 509 of the Indian Penal Code as well as under Section 67-A of the Information & Technology Act.

You have insulted the modesty of your ex-girlfriend

You have insulted the modesty of your ex-girlfriend hence, you have committed the offence under section 509 of the IPC. Disrespecting a woman is an offence of defamation under section 500 of IPC. You have shared her number in that chat group with the intention that someone may call on her mobile and advance his sexual desire. Her husband has the right to initiate criminal proceeding against you. He can lodge an FIR under aforesaid sections. 

Electronic evidence will prove your guilt

Electronic evidence will play a crucial role in your case. You can not deny the fact that you have shared her contact number because the source of information is stored in the internal memory of your mobile phone. The investigating officer will fetch that information from your mobile even you have deleted all the records.

The privacy policy of WhatsApp clearly shows that the messages are encrypted with no third party, not even WhatsApp, can read the transmitted messages. Therefore, you cannot say that someone other has sent her contact number in WhatsApp chat. Information shared on the WhatsApp is an electronic evidence and admissible under section 65-B of the Indian Evidence Act. So, this electronic will prove your guilt and you cannot deny the truth of this evidence.

Settle this matter out of the court

You should apologise for your bad conduct and say sorry to your ex-girlfriend. Her husband has not been filed any FIR against you so you have an opportunity to settle this matter out of the court. You are responsible for your conduct and you also know that it is an offence. So it would be good to say sorry for all that acts and compromise the issue before the filing of FIR. If her husband files FIR then you cannot compromise because some of these offences are non-compoundable.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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