Section 66a of the information technology act, made it a punishable offence for any person to send, by means of a computer resource or a communication device, a any information that is grossly offensive or has menacing character. A batch of petitions have alleged that the section tramples upon the fundamental right to freedom of speech and expression, and asked that it. 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. Road traffic act 1988, section 66a is up to date with all changes known to be in force on or before 17 april 2020. On march 24th, 2015 a landmark judgment was delivered by supreme court sc. Supreme court terms sec 66a of it act unconstitutional, sec 69a and 79 remain with certain restrictions. Court judgment on section 66a of information technology act, 2000. The act was amended in 2009 to insert a new section, section 66a which was said to address cases of cyber crime with the advent of technology and the internet. Judgment day quashing of section 66a of it amendment act. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. Section 66a and other legal zombies global freedom of. Be it enacted by the senate and house of representatives in general assembly convened. The question of debate was section 66a of the it act, 2000 which was struck down by the supreme court in shreya singhal v.
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. Nov 25, 2014 freedom of speech and expression has been accorded great importance in the indian constitution. Similar apprehensions were raised with the section 66a of the it act that enabled authorities to arrest users for posting content which was termed as offensive. 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 ruling which is being lauded by the common man and legal luminaries alike, found the. Section 3168 of the general statutes is repealed and the following is substituted in lieu thereof effective october 1, 2015. Dec 11, 2012 this act was substantially amended through the information technology amendment act 2008 in 2008. It act judgements, cyber law judgements, cyber case laws. The supreme court on tuesday struck down section 66a of the it act which allowed arrests for posting offensive content on social media sites. Agreement by legal practitioner to participate in resolution of matter under section 60, 61 or 64 not to be treated as admission of liability. The judgment of the supreme court, in pdf format pdf 448 kb, can. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. Section 66a of the amended indian information technology act, 2000 is all about.
Section 66a defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or a tablet. Mar, 2020 similar apprehensions were raised with the section 66a of the it act that enabled authorities to arrest users for posting content which was termed as offensive. A controversial legislative section 66a of it amendment act 2008 was declared as unconstitutional by sc. Any person who sends, by means of a computer resource or a communication device. The scope and e ect of section 66a complying agreements 4 in effect, ogrady dp found that the statutory intent and effect of s. Section 66a of the act criminalises the sending of offensive messages through a computer or other communication devices. Does section 66a of the it act violate article 191a of.
Section 66a of the information technology act the centre for. 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. The law that could land you in jail for a whatsapp forward has gone. The supreme court is examining the constitutional validity of section 66a of the amended indian information technology act, 2000. The information technology act, 2000 was amended in 2008.
Supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india 2015 summary. What section 66 of indias information technology act actually said. In their order, the court said, section 66a is violative of article 191a, not saved by article 192, hence unconstitutional. What section 66 of indias information technology act. House house schedules order of business calendar for the day supplemental calendar for the day. Section 66a of information technology act, 2000 is. Mar 24, 2015 the first case in the supreme court, which was filed in late 2012 by law student shreya singhal, was quickly followed by a slew of petitions. There are changes that may be brought into force at a future date. What the outcry over section 66a of the it act misses is the need for a mechanism to prevent arrests on flimsy interpretations of criminal law provisions. Section 66a has been struck down by supreme courts order dated 24th march, 2015. Metaanalysis derived atopic dermatitis madad transcriptome defines a robust ad signature highligh.
Sections 6, 7 and 8 not to confer right to insist document should be accepted. The immediate cause for concern in these petitions is section 66a of the information technology act of. Section 66a of the information technology act, 2000 in its current form is arbitrary and does not adhere to the standards laid down by article 192 and the. The act was amended in 2009 to insert a new section, section 66a which was said to address cases of cyber crime with the advent of. More information on section 66a of information technology act, 2000. The supreme court stand in the judgment, the court said the liberty of thought and expression was a cardinal value of paramount. Aside from section 66a, section 69a and intermediary guidelines made under section 79 of the act were also challenged.
The information technology act came into force in 2000, but section 66a was added as an amendment in 2008, which was notified in february 2009. Section 66a of information technology act upsc online. Section 66a of the it act as it stood was so vague. Section 66a of the information technology act repealed lexology. Supreme court strikes down section 66a of it act which. Crimes legislation amendment child sex offences act 2015. The information technology act came into force in 2000, but section 66a was added as an amendment in 2008, which was. Crimes legislation amendment child sex offences act 2015 no nsw schedule 1 amendment of crimes act 1900 no 40 schedule 1 amendment of crimes act 1900 no 40 1 section 66a omit the section. Sc asks states to sensitize policemen about scrapping of. Section 66a of the it act defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or a tablet. The supreme court sought the centres response to a plea alleging that despite the striking down of draconian section 66a of the it act in 2015 by the apex court, police in various states were still invoking it in firs to clamp down on free speech on social media platforms.
A conviction can fetch a maximum of three years in jail and a fine. By way of this writ petitions, the supreme court commonly disposed of these petitions by ruling sections 66a of the it act, 2000, hereinafter called as section 66a and section 118d of the. On friday, supreme court directed all state governments to sensitize their police personnel about its march 24, 2015 verdict which had scrapped section 66a of information technology act. This act was substantially amended through the information technology amendment act 2008 in 2008. The scope and effect of section 66a complying agreements. All you need to know about section 66a of the it act the. 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 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. Pdf section 66 a of the information technology act 2000 inserted vide. Section 66a of the information technology act, 2000 is struck down in its entirety being violative of article 191a and not saved under article 192. Breaking down section 66a of the it act the centre for.
Section 66a of the information technology act repealed. But what exactly was in section 66a of the information technology act that made it. Download supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india dated. The section 66a of the it act penalizes sending false and offensive messages through communication services. Pdf section 66a of information technology act visavis freedom. On march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. Supreme court judgment on section 66a of information. The supreme court struck down section 66a of the it act in 2015, why are cops still using it to make arrests.
Union of india writ petition criminal no 167 of 2012. The police made 37 arrests under the defunct section 66a of the it act in 2015, according to the national crime records bureau. Section 66a of the it act lays down the provision for punishing any person who sends any message that is grossly offensive or has menacing character through computer resource or any other electronic device such as mobiles, tablets etc. But what finally prompted the apex court to announce its verdict on section 66a. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. Interestingly, many complaints were made before regarding the widespread abuse and misuse of section 66a. Judgment day quashing of section 66a of it amendment act 2008. The same judgement also strikes down the section 118 of the kerala police act.
Jun 03, 2015 the question of debate was section 66a of the it act, 2000 which was struck down by the supreme court in shreya singhal v. Article 191 of the constitution provides people the freedom to express their opinion freely. However, the supreme court on march 24, 2015, struck down the law. The controversial provision made posting offensive material on social networking sites an offence punishable by up to three years in jail. The first case in the supreme court, which was filed in late 2012 by law student shreya singhal, was quickly followed by a slew of petitions. Constitution speech and expression freedom of infringement thereto sections 66a, 69 and 79 of information technology act, 2000, information technology procedure and safeguards for blocking for access of information by public rules, 2009 and section 118d of kerala police act, section 95 and 96 code of criminal procedure. 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. Section 66a of it act scraped by supreme court go sarkari. Section 66a of information technology act upsc online ias. The act also penalizes various forms of cyber crime.
An agreement by a legal practitioner, who is the subject of a complaint, to attempt to resolve the complaint in the manner referred to in section 60, 61 or 64 shall not be taken as an admission. The supreme court struck down section 66a of the it act in. Section 66a of it act the supreme court, in shreya singhal versus union of india, has quashed section 66a of the information technology act, 2000 it act, terming it vague and unconstitutional. The supreme court on tuesday quashed section 66a of the information technology act, which provides the government power to arrest a person for posting allegedly offensive content on websites. Changes that have been made appear in the content and are referenced with annotations. Over 37 arrests made in 2015 under unconstitutional section 66a. 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. Aug 06, 2015 section 66a of the information technology act repealed. The same judgement also strikes down the section 118 of the kerala police act as it had been modeled exactly on the lines of section 66a. They have also observed that the possibility of application of section 66a for purposes not sanctioned by the constitution cannot be ignored and hence rendered it void and unconstitutional. The instructions were given so that people are not unnecessarily arrested under the struck down provision. The amended act which received the assent of the president on february 5, 2009, contains section 66a. Supreme court terms sec 66a of it act unconstitutional, sec.