Pdf non bailable offences cyber crimes under the it act. Section 66a of the information technology act may create a fresh set of problems. Section 66a of the information technology amendment act, 2008 prohibits the sending of offensive messages though a communication device i. After 2 months of gripping arguments, the sc today declared section 66a as unconstitutional.
As it is amended, it contains some of the most stringent privacy requirements in the world and has the unfortunate impact of holding intermediaries liable for illegal content. The information technology it act, 2000 provides for legal recognition for transactions through electronic communication, also known as ecommerce. Section 66a of the amended indian information technology act, 2000 is all about. This undermines the freedom of speech, rule of law, and institutional integrity of the supreme court. India it act of 2000 information technology act termsfeed.
Section66a, it act 2000,vogue sec,regulator,it act2008. While the objective behind the 2008 amendment was to prevent the misuse of information technology, particularly through social media, section 66a comes with extremely wide parameters, which allow whimsical interpretations by. The information technology act, 2000 was amended in 2008. The section 66a of the it act penalizes sending false and offensive messages through communication services. Indias information technology act, 2000 or it act, is a subject of contention and controversy. Information technology act 2000 ministry of electronics. The amended act which received the assent of the president on february 5, 2009, contains section 66a. Which among following act is not ammended in information technology act 2000.
Any person who sends, by means of a computer resource or a communication device. The supreme court struck down section 66a of the it act in. In its petition, pucl had submitted that more than 22 people have been prosecuted under the provision, after it was scrapped by the apex court in 2015. Supreme court strikes down section 66a of it act which. Ii section 66 a of the information technology act 2000 does not vest unguided and unfettered power on the executive 16. Section 66a of the information technology act repealed. A few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. An act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as electronic commerce, which involve the use of alternatives to paperbased methods. Information technology act india pdf information technology. Breaking down section 66a of the it act the centre for. What does the information technology act, 2000 provide for.
A background to section 66a of the it act, 2000 prsindia. Such is the reach of the section and if it is to withstand the test of constitutionality, the chilling effect on free speech would be total, justices j. Section 66a, it act 2000,vogue sec, regulator, act2008. While the objective behind the 2008 amendment was to prevent the misuse of information technology, particularly through social media, section 66a comes with extremely wide parameters, which allow. Solved examples with detailed answer description, explanation are given and it would be easy to understand.
The supreme court has issued notice in an application filed by peoples union for civil liberties pucl, on the continued use of section 66a of the information technology act. We find that an unconstitutional provision, section 66a of the information technology act 2000, continues to be used by police departments across india in prosecutions. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. Section 66a of the information technology act repealed lexology. Notification under itamendment act, 2008 it amendment act 20082. T he altered act which got the consent of the president on february 5, 2009, contains the scope of 66a. Electronic signature certificates section 3539 chapter 8.
The court said that section 66a of it act 2000 is arbitrarily, excessively and disproportionately invades the right of free speech provided under article 191 of the constitution of india. Supreme court rejects pil alleging presence of repealed section in. Information technology act, 2000 as discussed in the first chapter, the government of india enacted the information technology i. Mar 24, 2015 section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to the arrests of many. Download supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india dated. Union of india, the supreme court of india struck down section 66a of the information technology act, 2000 on the grounds that the section has a chilling.
On march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. The act also penalizes various forms of cyber crime. The supreme court struck down section 66a of the information technology act, 2000, relating to restrictions on online speech, as unconstitutional on grounds of violating. Intermediaries not to be liable in certain cases section 79. This act was substantially amended through the information technology amendment act 2008 in 2008. Mar 23, 2015 section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to the arrests of many. Section 66 a it act information technology act supreme court strikes down sec 66a internet freedom 66a 66a of it act 66 a related government plans to rework it act to meet new challenges, ravi. This article looks in to what are such sections and which bailable sections can be made non bailable with application of sections from other. Section 66a of information technology act, 2000 is unconstitutional for being vague read judgment. Jun 24, 2014 the first information report under sections 469 ipc and 66a information technology act, 2000 was registered based on the said complaint at the police station, economic offences wing, the elite wing of delhi police which specializes in investigating economic crimes including cyber offences.
The supreme court on tuesday declared section 66a of information technology act as unconstitutional and struck it down. It is the law that deals with cybercrime and electronic commerce in india. But the court turned down a plea to strike down sections 69a and 79 of the act, which deal with the procedure and safeguards for blocking certain websites. Mar 24, 2015 a few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. A section 66 a of the information technology act 2000 act does not violate article 14 14 3. In a landmark judgment upholding freedom of expression, the supreme court has struck down section 66a of the amended indian information technology act, 2000 it act, a provision in the. Do u have comparative public law and system of governance notesand pdf mcq. Two years ago, on 24 march 2015, online speech or communication got a boost as the supreme court declared a draconian provisionsection 66a of the information technology act, 2000. The date on which supreme court of india invalidated section 66a of it act 2000. A batch of petitions have alleged that the section tramples upon the fundamental right to freedom of speech and expression, and asked that it. Information technology act 2000 ministry of electronics and. Mar 24, 2015 section 66 a it act information technology act supreme court strikes down sec 66a internet freedom 66a 66a of it act 66 a related government plans to rework it act to meet new challenges, ravi. The information technology act, 2000 of india overview.
Pdf non bailable offences cyber crimes under the it. Section 66a of the information technology act the centre. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. History of information technology act in india information. The information technology act and intermediary liability. Penalties compensation and adjudication section 4347 chapter 10. The information technology intermediaries guidelines rules, 2011, as notified on 87 read with subsection 2 of section 79 of the information technology act, 2000 21 of contemporary discourse and practices around internet, technology and society in india, and elsewhere. The cyber appellate tribunal section 4864 chapter 11. The information technology act, 2000 was corrected in 2008. In this post pranesh prakash explores why that section is unconstitutional, how it came to be, the state of the law elsewhere, and how we can move forward. Information technology act 2000 year 2017 judgments.
Section 66a in the information technology act, 2000. Aug 06, 2015 in a landmark judgment upholding freedom of expression, the supreme court has struck down section 66a of the amended indian information technology act, 2000 it act, a provision in the. The first information report under sections 469 ipc and 66a information technology act, 2000 was registered based on the said complaint at the police station, economic offences wing, the elite wing of delhi police which specializes in investigating economic crimes including cyber offences. Before the honourable supreme court of india civil appellate. Section 66a and other legal zombies by abhinav sekhri. The supreme court is examining the constitutional validity of section 66a of the amended indian information technology act, 2000. Section 66a of the information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to. Court of india invalidated section 66a of it act 2000. Indias information technology act the it act, enacted in 2000, covers several aspects of online and new media technologies in the country, including the security of electronic records and digital signature certificates. Union of india is a judgement by a twojudge bench of the supreme court of india in 2015, on the issue of online speech and intermediary liability in india. Before the honourable supreme court of india civil. In light of this, we present a background to section 66 a and the recent developments leading up to its challenge before the court. Information technology reasonable security practices and new delhi, the 11th april, 2011 g. Section 66a of information technology act, 2000 is.
More information on section 66a of information technology act, 2000. Supreme court rejects pil alleging presence of repealed section. Importance of section 66a in information technology act 2000. All you need to know about section 66a of the it act. Section 66a in the information technology act, 2000 72 66a punishment for sending offensive messages through communication service, etc. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. The types of information this covers are offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of causing.
In this article, we will look at the objectives and features of the information technology act, 2000. Mar 24, 2015 on march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. Punishment for sending offensive messages through communication service, etc. If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. Information technology act, 2000 bare acts law library. Section 66 in the information technology act, 2000 71 66 computer related offences. Review papers information technology india volume 4 issue 3, march 2015. This was in response to a pil that challenged the constitutionality of this provision. The information technology act, 2000 has specified that tampering with computer source documents, hacking computer system, publishing of information which is obscene in electronic form or failure of a ca or its employees to follow the directions orders of the cca, failure to comply with directions of controller to a subscriber to extend. Section 66a of the it act as it stood was so vague that. The information technology act, 2000 or ita, 2000 or it act, was notified on october 17, 2000.
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