While deciding on the application of Section 120(o) of the Kerala Police Act, 2011 in the facts of the present case where a criminal case was registered based on a Facebook post, the Kerala High Court clarified that the impugned Facebook post mentioned in the complaint as well as the final report would not come within the purview of Section 120(o) of the Kerala Police Act, 2011.

At the same time, observing that the defamatory Facebook posts continue to do the rounds on Facebook and other Social Media platforms and there is no proper punishment for such defamatory statements and posters on Facebook, the High Court clarified that the legislature must look into this aspect seriously, especially in the backdrop of this new era of technology and Social Media mania in existence in our society.

A Single Judge Bench of Justice P.V Kunhikrishnan observed that “If this Court started to hold that all these Facebook posts amount to an offence under Section 120(o) of the Kerala Police Act, 2011, almost all posts made on Facebook is to be declared as an offence under Section 120(o) of the Kerala Police Act”.

The Bench pointed that the offence punishable under Section 120(o) of the Kerala Police Act, 2011 is not attracted, even if, the allegations in the final report are accepted in toto.

Advocate Abraham Samson appeared for the Petitioner, whereas Advocate K. Rakesh appeared for the Respondent.

The brief facts of the case were that the petitioner is the accused in a criminal case pending before the Judicial Magistrate of First Class Court, Nilambur as S.T. No.677/2017, where the petitioner was charge-sheeted alleging offences punishable under Section 120(o) of the Kerala Police Act. The case was registered based on a complaint filed by a Christian Priest of the Indian Orthodox Church (second respondent) regarding a Facebook post. The main allegation in the complaint was that about 35 priests from Malankara Orthodox Church conducted a Hunger Strike before the Head of the Orthodox Church in the Main centre, Kottayam holding a Banner. But it was stated that with an intention to insult, the rival priest replaced the banner and defamed him before the fellow priests and public at large. The Petitioner however pleaded that even if the entire allegations in the final report are accepted, the offence under Section 120(o) of the Kerala Police Act, was not attracted.

After considering the submission, the Bench noted that a person causing nuisance of himself to any other person through any means of communication, is the essential ingredient of an offence punishable under Section 120(o) of the Kerala Police Act, 2011.

The Bench found that the main allegation in the complaint was that a photo was posted on Facebook with a wrong banner manipulated by the accused.

The Bench referred to the decision of Kerala High Court in case of Sanjeev S. v. State of Kerala [2023 (3) KHC 324], wherein it was held that “the word ‘വട’ is not a defamatory word, nor is it a word which has a tendency to cause a nuisance. In the above circumstances, the offence under Section 120(o) of Police Act is also not made out”.

The Bench observed that “Section 120(o) lays down the penalty for causing nuisance and violation of public order, where any person causing through any means of communication, a nuisance of himself to any person by repeated or undesirable or anonymous call, letter, writing, message, e-mail or through a messenger”.

Accordingly, the High Court quashed the complaint case.

Cause Title: FR Geevargese John v. State of Kerala and Another [Neutral Citation: 2023/KER/54928]

Click here to read/download the Order


Kerala High CourtJustice P.V. Kunhikrishnan

Pankaj Bajpai