The case involved the harassment of a minor girl, and sections 67, 67b, of the it act, and section 509 of the ipc. The only requirement of section 66a it act is that the message which is communicated is grossly offensive in nature or has menacing character. The supreme court of india invalidated section 66a of the information technology act of 2000 in its entirety. Sections 43, 66, 66a, 66c, 67, 67a and 67b of it act. 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. Pdf section 66a of the information technology act uday. All you need to know about section 66a of the it act. Union of india find, read and cite all the research you need on. Section 66a of information technology act visavis freedom of speech and. Obscenity in electronic form, morphing of images, defamation, text bullying, stalking, spamming. The supreme court struck down section 66a of the information technology act. Section 66a of the information technology act, 2000 is.
Section 66a of the information technology act the centre for. 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. Section 66a of the information technology act repealed lexology. A conviction can fetch a maximum of three years in jail and a fine. Section 66a of the information technology act repealed. Pdf section 66a of information technology act visavis freedom. Punishment for sending offensive messages through communication service, etc. Importance of section 66a in information technology act 2000. The act was amended in 2009 to insert a new section, section 66a which was said to.
Information technology act, 2000 bare acts law library. Even judges dont seem to know that the section has been read down. Examination of section 66a of the information technology act. Section 66a of the information technology act, 2000 was struck down as. Section 66a of the information technology act the centre. 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.
What does the information technology act, 2000 provide for. The provision of section 66a of information technology act 2000 is not unconstitutional. 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. International journal of science and research ijsr. Credit card fraud unsuspecting victims would use infected computers to make online transactions. The supreme court struck down section 66a of the it act in. Press information bureau, centralised system to monitor communications, nov. The act also penalizes various forms of cyber crime. A background to section 66a of the it act, 2000 prsindia. The information technology act, 2000 was amended in 2008. Full text containing the act, information technology act, 2000, with all the sections, schedules, short title, enactment date, and footnotes.
Sections 6, 7 and 8 not to confer right to insist document should be accepted in. Sections 43, 66, 66c, 66d of it act and section 420 of the ipc. 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. The court further held that the section was not saved by. Foundation 1 conducted a study on the continued use of the section and found about. In april last year, a local court in telangana sentenced a man by invoking section 66a, ignoring the supreme courts order. Section 66 a of the act criminalises the sending of offensive messages through a computer or other communication devices. The amended act which received the assent of the president on february 5, 2009, contains section 66a.