Sharing exam paper on WhatsApp not privacy breach: HC
Ahmedabad, June 26 -- The Gujarat high court has quashed a privacy violation charge under the Information Technology Act against a Gujarat Public Service Commission (GPSC) candidate accused of photographing an examination question paper and sending it to his brother through WhatsApp, holding that the provision does not apply to such acts.
Justice P M Raval passed the order on June 16 while hearing a petition filed by brothers Hardik Purohit and Rahul Purohit, who had sought quashing of the FIR registered against them in 2018.
The court also set aside the charge of disobeying an order of a public servant under Section 188 of the Indian Penal Code (IPC), but allowed the police to continue investigating the case under any other applicable offences.
According to the FIR, GPSC candidate Hardik Purohit was accused of photographing the question paper and sending the images through WhatsApp to his brother Rahul Purohit.
Subsequently, the FIR was registered under Sections 188 and 120-B (criminal conspiracy) of the IPC and Section 66-E of the Information Technology Act.
According to the order, which HT has seen, the court held that GPSC instructions prohibiting candidates from carrying mobile phones into the examination hall could not be treated as an order promulgated by a public servant for the purpose of attracting Section 188 of the IPC. htc...
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