Sharing exam question paper on WhatsApp not a privacy violation under IT Act: Gujarat HC

Ahmedabad: The Gujarat High Court has ruled that clicking photographs of an examination question paper and sharing them through WhatsApp does not amount to a violation of privacy under Section 66E of the Information Technology Act, 2000.

Justice P.M. Raval made the observation while partly allowing a petition filed by two accused seeking to quash an FIR registered against them in connection with an alleged examination malpractice case.

The FIR was lodged in 2018 after an invigilator reported that a candidate was using a mobile phone inside an examination hall to photograph a question paper and send the images outside. During the inquiry, the candidate allegedly admitted that he had forwarded the photographs via WhatsApp to his brother.

The court held that examination instructions, including restrictions on carrying mobile phones into the examination hall, could not be treated as a formal legal order for the purpose of invoking Section 188. The court further noted that even if the provision were applicable, the law requires a written complaint from a public servant before proceedings can be initiated.

Accordingly, the High Court quashed the charges under the two provisions but clarified that the FIR would continue with respect to any other offences that may be made out on the facts of the case.