Madras HC Takes Suo Muto Cognisance on Offences Reported on Social Media Platforms or Other Media Outlets

A Bench of Justices N Kirubakaran and B Pugalendhi on Friday took a suo motu cognisance, after a video of a police constable went viral on social media wherein he was seen publicly misbehaving with a woman. Consequently, this issue came to be reported in the New Indian Express under the title “Despite viral video, no action taken against TN cop who demanded sex with Narikurava woman."  

Madras High Court recommends constituting a wing for offences reported on social media platforms or any other media outlets. 

While taking up the issue, the bench recommended constituting a committed wing in order to look after any offences that are reported on social media platforms or any other media outlets without waiting for the victims to come up with a formal complaint. 

Further, on dealing with the question of whether the executive should create a dedicated wing to take suo moto actions against offences based on social media or other television/ newspaper reports, without waiting for a formal complaint, the bench said: “the authorities, including the police, cannot always rely on formal complaints when the commission of Offences are reported on social media or newspapers”.  

When a dedicated wing will be constituted, the authorities will come to know the widely reported offences without forcing the parties to register a complaint or come to the court for relief.  

Moving ahead the court remarked that no women is safe in our country when the law enforcement bodies are behaving like this and therefore the social media reports must be treated as a complaint.  

Such action is compulsory when offences against women and children is increasing every day: the bench remarked. 

In some cases, the offender may belong to an influential or rowdy background which puts a victim in a fearful state and hesitant at the same time. In such a scenario you can not always expect them to register a formal complaint. Hence, this sort of action is compulsory particularly when offences against women and children is exponentially increasing. 

Further impleading number of  State authorities including the Chief Secretary, the Home Secretary and the Director-General of Police in the matter, the court asked for state government and police authorities response.  

Additional Advocate General Sricharan Rangarajan appearing by State's side undertook to obtain instructions in the matter. The matter has been posted for further consideration next week.