The Bombay High Court has recently pass order in writ petition Nivrutti s/o Hariram Gaikwad vs Mrs. Pooja Nkivrutti Gaikwad and it has held that "WhatsApp cannot be a public place if messages are exchanged on personal accounts of two persons". If these messages had been posted on personel account of whatsapp". and hence it is not offence u/s 294 of Indian Penal Code
What is the definition of an Arrest? There are four components involved: a. a seizure or touching of a person’s body b. followed by words such as "you are under arrest" c. the person’s submission to the compulsion and d. The police informing the person of the true grounds for his arrest. To affect an arrest, a police must simply make clear to a person by what is said and done that he is no longer a free man. There is no fixed formula when it comes to arresting a person but the arresting officer may have to use different procedures with different persons, depending on their age, ethnic origin, knowledge of English, intellectual qualities and physical or mental disabilities. For example: The arrest by a constable of a totally deaf person who could not lip-read would be valid if the constable had done everything that a reasonable person would do in the circumstances. An arrest constitutes an absolute restriction on a person’s freedom of movement. Hence every citizen has a fundam...
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