Gauhati High Court Quashes Case Against Influencer Over Alleged Remarks About Assamese Women

 

The Gauhati High Court recently quashed a criminal case registered against a financial influencer in connection with remarks he made on a YouTube podcast concerning Assamese women and alleged practices of black magic and witchcraft in Assam. The case had been initiated after a complaint led to the registration of an FIR invoking provisions of the Bharatiya Nyaya Sanhita, the Information Technology Act and the Assam Witch Hunting (Prohibition, Prevention and Protection) Act. The allegations were that the influencer had made statements suggesting that in certain places in Assam, girls practiced black magic and witchcraft, could transform human beings into goats or other animals, and later revert them to human form to satisfy lustful desires. It was alleged that such remarks were derogatory, malicious and disrespectful towards Assamese women and society, and that they outraged the modesty of women and promoted offensive content.

The influencer approached the High Court seeking quashing of the FIR and the charge sheet, contending that the statements attributed to him did not constitute offences under the penal provisions cited. Upon examining the matter, the High Court observed that none of the provisions invoked in the FIR were prima facie attracted. In relation to the charge of promoting enmity between different groups or making imputations prejudicial to national integration, the court noted that for such an offence to be made out, the act must promote enmity between communities on grounds such as religion, race, place of birth, language or similar factors. The court concluded that the remarks in question did not meet these statutory requirements.

The bench also examined the applicability of the provisions of the Information Technology Act concerning the publication or transmission of obscene material in electronic form. It observed that although the statements might be controversial, there was no material to demonstrate that they fell within the statutory definition of obscenity. Consequently, the ingredients necessary to constitute an offence under the relevant provisions of the information technology law were not satisfied.

With regard to the allegations under the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, the court considered whether the statements amounted to attributing the label of “witch” to any person or group in a manner contemplated by the statute. The court noted that a necessary element of such an offence is the creation of an impression that a person identified as a witch possesses the power to harm others in society. It found that this essential element was absent in the remarks attributed to the influencer. The court held that the statements, when read in their entirety and taken at face value, did not attribute such harmful capabilities to any identifiable individual or group in the manner required under the law.

After evaluating the allegations and the statutory provisions invoked, the High Court held that the statements did not constitute cognizable offences under the Bharatiya Nyaya Sanhita, the Information Technology Act or the Assam Witch Hunting Act. It found that there was no justification for the registration of the FIR or for the filing of the charge sheet under the cited provisions. Accordingly, the court quashed the criminal proceedings and set aside the charge sheet in their entirety.

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