Provocative Facebook Posts Encouraging Violation Of Covid Restrictions Attract S.153 IPC: Kerala High Court
The Kerala High Court recently dismissed a plea filed by an accused seeking to quash the criminal proceedings initiated against him for allegedly posting provocative statements on Facebook, compelling people to violate the restrictions imposed by the government during Covid-19 pandemic.
Justice G. Girish observed:
“At a time when the country was reeling with the disastrous consequences of Covid 19 pandemic, the authorities concerned, including State Governments, have imposed numerous restrictions, by placing areas as containment zones, and also preventing the movement of the public, with the good intention to check the spread of the epidemic. The Facebook post of the petitioner is intended to create a mentality in the minds of the persons reading those Facebook posts to violate the aforesaid restrictions. Such conduct is not expected to be made by right thinking citizens, who are bound to abide by the directions of the authorities concerned in the interest of the health and safety of public at large. Therefore, there is absolutely no justification in saying that the posts made by the petitioner in social media cannot be termed as one intended to provoke rioting.”
The petitioner in the case was accused of the offences punishable under Section 153 IPC [Wantonly giving provocation, with intent to cause riot], Section 120(o) of the Kerala Police Act, 2011 [Penalty for causing nuisance and violation of public order], and Section 6 of the Kerala Epidemic Diseases Ordinance, 2020 [Abetment of offences].
The petitioner contended that he is innocent and that he was falsely implicated. It was further argued that the offences would not be attracted from the facts of the present case.
The Court went through the posts made by the petitioner made on Facebook and opined that the contents of the same were likely to compel people to violate the restrictions imposed by the government to check the spread of the pandemic. Therefore, it felt that there was no justification in saying that the posts were not intended to provoke rioting.
It was also noted that the posts were in violation of the Kerala Epidemic Diseases Ordinance and therefore, inherent powers cannot be invoked to quash the proceedings:
“So also, it appears that the aforesaid posts made by the petitioner is in violation of Section 6 of the Kerala Epidemic Diseases Ordinance. In such a case, it is not possible for this Court to exercise its inherent powers under Section 482 Cr.P.C, to terminate the prosecution proceedings at the threshold. The petitioner has to necessarily face the trial before the learned Magistrate. Therefore, the prayer of the petitioner to quash the proceedings, cannot be entertained.”
Thus, it dismissed the plea.
Case No: Crl.MC No. 5579 of 2020
Case Title: Biji Garnet v. State of Kerala
Citation: 2026 LiveLaw (Ker) 159
Counsel for the petitioner: M.R. Sarin
Counsel for the respondent: Anima M. - Public Prosecutor