Delhi High Court warns against misuse of social media for sex crimes against minors, denies man pre arrest bail

New Delhi: Highlighting the misuse of technology against minors, the Delhi High Court has denied anticipatory bail to a man accused of sexually exploiting a 15-year-old girl on the internet.

Justice Amit Mahajan underlined the "urgent need" to send a strong message against the misuse of technology perpetuating such crimes.

The court noted the allegations against the man pertained to the exploitation of the child by coercion and blackmail for pornographic purposes.

"The alleged recording and sharing of explicit material involving the minor victim is a grave offence. The present case underscores the increasing misuse of social media and technology to exploit and intimidate vulnerable individuals, particularly minors," the judge said in an order passed on December 3.

Terming the allegations against the man "grave" and of "serious nature" involving the sexual abuse of the minor survivor, the high court observed he allegedly coerced her into engaging in sexually explicit acts over video calls, recording them without her consent and using the recordings to repeatedly blackmail her.

"Such acts not only violate the personal dignity and privacy of the victim but also constitute serious offences under the BNS and the POCSO Act," the court said.

His actions, the court underlined, exemplified the "disturbing trend of exploiting the anonymity and reach of social media platforms" to perpetrate sexual crimes against minors.

"This court cannot ignore the broader societal implications of such acts and the urgent need to send a strong message against the misuse of technology," the bench added.

An FIR was registered on the complaint of the minor survivor in August.

The man moved the high court seeking anticipatory bail and claimed he was falsely implicated in the case and the minor survivor's allegations were fabricated, and intended to malign him.

The prosecutor opposed the plea arguing the man's custodial interrogation was required to recover the electronic devices allegedly used in the offence besides ascertaining the extent of the offences and tracing the potential circulation of the explicit material.

The prosecutor further expressed concerns over the likelihood of the man attempting to intimidate the minor or influence witnesses if released on bail.

The high court, while dismissing the anticipatory bail plea, observed that the case involved electronic gadgets and evidence and the task of the investigating agency seemed arduous.

The investigating agency needed to be given fair play in the joints to investigate the matter in the manner they deem appropriate, it said.

While the court observed the case required a thorough investigation which ought not to be curtailed by granting the pre-arrest bail, it noted the material presented by the prosecution established a prima facie involvement of the man.