Union of india find, read and cite all the research you need on. Full text containing the act, information technology act, 2000, with all the sections, schedules, short title, enactment date, and footnotes. The provision of section 66a of information technology act 2000 is not unconstitutional. Section 66a of the information technology act, 2000 was struck down as. The supreme court struck down section 66a of the information technology act. Sections 43, 66, 66c, 66d of it act and section 420 of the ipc. Section 66a of the information technology act, 2000 is. 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 the freedom of speech guaranteed under article 19 1 a of the constitution of india. Sections 6, 7 and 8 not to confer right to insist document should be accepted in. International journal of science and research ijsr. Even judges dont seem to know that the section has been read down.
Importance of section 66a in information technology act 2000. Section 66a defines the punishment for sending offensive messages through a computer or any other communication device like a mobile phone or a tablet. The act was amended in 2009 to insert a new section, section 66a which was said to. Credit card fraud unsuspecting victims would use infected computers to make online transactions. Section 66 a of the act criminalises the sending of offensive messages through a computer or other communication devices. 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. The supreme court struck down section 66a of the it act in. A conviction can fetch a maximum of three years in jail and a fine. What does the information technology act, 2000 provide for. The court further held that the section was not saved by. 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 people for posting content deemed to be allegedly objectionable on the internet. Pdf section 66a of the information technology act uday. The act also penalizes various forms of cyber crime.
The supreme court of india invalidated section 66a of the information technology act of 2000 in its entirety. In april last year, a local court in telangana sentenced a man by invoking section 66a, ignoring the supreme courts order. All you need to know about section 66a of the it act. Obscenity in electronic form, morphing of images, defamation, text bullying, stalking, spamming. Foundation 1 conducted a study on the continued use of the section and found about. Section 66a of the information technology act repealed lexology. Any person who sends, by means of a computer resource or a communication device, a any information that is grossly offensive or has menacing character.
Examination of section 66a of the information technology act. Pdf section 66a of information technology act visavis freedom. Section 66a of information technology act visavis freedom of speech and. The information technology act, 2000 was amended in 2008.
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. Press information bureau, centralised system to monitor communications, nov. Section 66a of the information technology act the centre for. Section 66a of the information technology act the centre. A background to section 66a of the it act, 2000 prsindia. Sections 43, 66, 66a, 66c, 67, 67a and 67b of it act. Punishment for sending offensive messages through communication service, etc. Section 66a of the information technology act repealed. The case involved the harassment of a minor girl, and sections 67, 67b, of the it act, and section 509 of the ipc.
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