NEW DELHI: Unless a role is disclosed in the offence, an e-commerce platform can claim protection under the Information Technology Act (IT Act) as an “intermediary”, the Delhi high court said on Wednesday.
It quashed an FIR registered against one such platform for allegedly conniving with certain unauthorised sellers to sell fake cosmetic products of an international brand.
“Unless an active role is disclosed in the commission of the offences complained of, the intermediary, such as the present petitioner (Flipkart), would be entitled to claim protection under Section 79 of the Information Technology Act… This is one such case where registration of an FIR against an intermediary would lead to miscarriage of justice. Therefore, this court finds itself justified in allowing the present petition and quashing the FIR qua the petitioner,” Justice Asha Menon noted.
It quashed an FIR registered against one such platform for allegedly conniving with certain unauthorised sellers to sell fake cosmetic products of an international brand.
“Unless an active role is disclosed in the commission of the offences complained of, the intermediary, such as the present petitioner (Flipkart), would be entitled to claim protection under Section 79 of the Information Technology Act… This is one such case where registration of an FIR against an intermediary would lead to miscarriage of justice. Therefore, this court finds itself justified in allowing the present petition and quashing the FIR qua the petitioner,” Justice Asha Menon noted.