Validity of section 66a of it act challenged book

Section 66a was challenged by an array of petitioners as violating articles 14, 19 and 21 of the. Section 66a of it act 5 things everyone must know my india. Police using section 66a of it act to make arrests despite scs ruling. Section 66a in the information technology act, 2000 72 66a punishment for sending offensive messages through communication service, etc.

In light of this, we present a background to section 66 a and the recent developments leading up. The supreme court while recently entertaining a set of pils that challenged the constitutional validity of sections s. Shreya singhal, who had challenged the constitutional validity of section 66a, filed an application bringing the students arrest to the courts notice. Shes a secondyear student at the faculty of law, delhi university. Any person who sends, by means of a computer resource or a communication device. Controversial section 66a of the information technology act which allowed arrests for objectionable content posted on the internet was struck down as unconstitutional by the supreme court in march 2015. Mar 25, 2015 while it may have been a major relief that the supreme court of india struck down the draconian section 66a of the information technology act it act, this, however, should not be seen as a. The freedom being enjoyed by the press was not being provided to online communication, she said and referred to the latest incident.

This was in response to a pil that challenged the constitutionality of this provision. 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. While it may have been a major relief that the supreme court of india struck down the draconian section 66a of the information technology act it act, this, however, should not be seen as a. Section 66a struck down shreya singhal v union of india march 2015 cracking down on offensive online content not easy. Here is what supreme court said while striking down. Freedom of expression on face book and its aftermath. Shreya singhal, a twenty four year old law student challenged the validity of the section 66a by filing a pil in 2012 before the apex court. The first pil on the issue was filed in 2012 by a law student shreya singhal, who sought amendment in section 66a of the act, after two girls shaheen dhada and rinu shrinivasan were arrested in palghar in thane district as one of them posted a comment against the shutdown in mumbai following shiv sena leader bal thackerays death and the other liked it. Sc asks states to sensitise cops about scrapping of section. Section 66a of it act news and updates from the economic times.

Legality of section 66a of it act questioned by supreme court 30 nov, 2012, 03. Supreme court terms sec 66a of it act unconstitutional. Critics have also challenged section 69a of the it act, which allows the central government to block information for public access over a computer resource if the same is in the interest of sovereignty and integrity of india, defence of india, security of the state. In pursuance thereof, the supreme court was of the view that section 66a is unconstitutionally vague and not tenable in law. Explore section 66 a of the it act profile at times of india. One of the earliest, and most widely cited example is the arrest of two young students. Explore section 66 a of the it act profile at times of india for photos, videos and latest news of section. Section 66a continues to be used because the pertinent authorities do not know. Section 66a and other legal zombies iff research series, working paper no. Speaking to the indian express from kanpur, trivedi said, section 66a can be compared to the terrorists who brought bloodshed in paris on the offices of the magazine, charlie hebdo. The case involved the harassment of a minor girl, and sections 67, 67b, of the it act, and section 509 of the ipc.

Section 66a news and updates from the economic times page 6. Thus quite obviously, a prospective offender of section 66a and the authorities who are to enforce section 66a have absolutely no manageable standard by which to book a person for an offence under section 66a. A few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. Recently a pil has been filed in front of supreme court, saying the section 66a of it act is unconstitutional and void on the basis that it violates article 14, 19 1a and article 21 of the constitution. There are changes that may be brought into force at a future date. In light of this, we present a background to section 66 a and the recent developments leading up to its challenge before the court. Important legal gk quiz for clat 2020 legal knowledge. Police continue to make arrests using unconstitutional section 66a of it act, struck down by supreme court 3 years ago. Governments may come and governments may go but section 66a goes on forever. The supreme court on tuesday struck down section 66a of it act which allowed arrests for posting offensive content on social media sites. Bhsuhan started his arguments stating that he is challenging three provisions of the act i. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. Freedom of expression on face book and its aftermath minister of state for communications and it milind deora on tuesday slammed the police for acting in haste by arresting two young girls for their facebook post questioning shutdown of the city for. Section 66a of it act news and updates from the economictimes.

It will be useful to note that section 2v of information technology act, 2000 defines information as follows. Section 66a has been challenged on the ground that it casts the net very wide all. A fingertip information as to the penal provisions are also provided for better understanding of the significance of the act. Section 66a of it act challenged as unconstitutional. Section 66a of the information technology act note. Life after section 66a of the information technology act.

Section 66a in the information technology act, 2000. Nov 21, 2012 validity of section 66a of it act challenged. The supreme court struck down section 66a of the information technology act. They also argued that the provisions of section 66a were contrary to basic tenets of. Act and the public order would be sufficient to sustain its validity. Adopting a fresh stance, the government on wednesday told the supreme court that it was willing to take a relook at section 66a of the information technology act, which empowers police to make arrests over social media messages, and to put in necessary safeguards for allaying apprehensions against its misuse. All you need to know about section 66a of the it act. Examining the validity of act composite score and high. Dec 06, 2012 the forgotten angle of 66a the recent incidents of harassment of people for their comments on social networking sites have initiated a debate on the need to check misuse of section 66a of the it act. 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. Now the closest alternate provisions to book offences of online media will be section 499. Cyber jurisprudence an internalisation in indian matrix. Supreme court strikes down section 66a of it act which. Govt issues new guidelines on section 66 a of it act.

Section 66a of it act challenged as unconstitutional, court seeks centres reply. Any person who sends, by means of a computer resource or a communication device,any information that is. Mar 25, 2015 constitutional validity 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. A public interest litigation petition has been filed in the madras high court bench here challenging the constitutional validity of section 66a of the information technology act under which a. Section 66a of information technology act upsc online ias. Validity of section 66a of it act challenged the hindu. Apr 24, 2015 the supreme court while recently entertaining a set of pils that challenged the constitutional validity of sections s.

Changes that have been made appear in the content and are referenced with annotations. Supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. Pucl was also one of the petitioners in the case and has challenged the constitutional validity of section 66a of it act. General of police in puducherry to reply to a public interest litigation petition challenging the constitutional validity of section 66a of the. A pil was filed in front of supreme court, saying the section 66a of it act is unconstitutional and void on the basis that it violates article 14, 19 1a and article 21 of the constitution. This widely criticised section was challenged in lucknow and madras high courts also for its constitutional validity. Section 66a of information technology act upsc online. An insight of cyber jurisprudence in indian framework, which is largely founded upon the information technology act2000 as amended by the information technology act2008. Supreme court to decide validity of penal provision in it act today 24 mar, 2015, 04. Sc directs states to sensitise cops about scrapping of section 66a of. The honble supreme striking down the validity of section 66a of the it act held, we, therefore. Mar 24, 2015 a few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. Why i, shreya singhal, challenged section 66a by shreya. Representation of the people act 1983, section 66a is up to date with all changes known to be in force on or before 16 april 2020.

Freedom of speech has a historic day in india today as the apex judicial body, supreme court, declared section 66a of the it act unconstitutional, ruling against the central government which had. Mar 24, 2015 section 66a has been challenged on the ground that it casts the net very wide all information that is disseminated over the internet is included within its reach. Latest and breaking news on section 66 a of the it act. Various issues related to section 66 a of it act gktoday. 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. Dec 11, 2012 this act was substantially amended through the information technology amendment act 2008 in 2008. The madras high court bench here on tuesday ordered notice to union home secretary, law secretary and information and broadcasting. The supreme court struck down section 66a of the it act in. Her brave initiative and oscillation has created a benchmark in the legal history and also brought a gleam at.

One example is a study by laing and farmer 1984 wherein they examined the predictive validity of selfreported high school. Police continue to make arrests using unconstitutional. Even judges dont seem to know that the section has been read down. 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. The forgotten angle of 66a the recent incidents of harassment of people for their comments on social networking sites have initiated a debate on the need to check misuse of section 66a of the it act. Some older studies have demonstrated the validity of act composite score and high school gpa in predicting the firstyear college gpa of students with disabilities. Jun 17, 2015 rise and fall of draconian section 66a. Sc asks states to sensitise cops about scrapping of. Constitutional validity of it act challenged the hindu. The amended act which received the assent of the president on february 5, 2009, contains section 66a. A related challenge is also made to section 69a introduced by the. The police made the arrests under section 66a of the information technology act. Section 66a of the amended indian information technology act, 2000 is all about. Possibility of an act being abused is not a ground to test its validity.

If section 66a is otherwise invalid, it cannot be saved by an assurance from the learned additional solicitor general that it will be administered in a reasonable manner. Punishment for sending offensive messages through communication service, etc. It is pertinent to note, that for any such matter that concerns curbing of the fundamental rights of the citizens, a public interest. The police continued to book people under the scrapped law and they. Dec 03, 2018 police continue to make arrests using unconstitutional section 66a of it act, struck down by supreme court 3 years ago. Debate on the validity of section 66a of it recently a pil has been filed in front of supreme court, saying the section 66a of it act is unconstitutional and void on the basis that it violates article 14, 19 1a and article 21 of the constitution. Here is what supreme court said while striking down section. I filed the petition challenging section 66 a of the it act, 2010, in 2012 after the arrests of the two young girls in maharashtra. Constitutional validity 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. The supreme court on tuesday struck down section 66a of the it act which allowed arrests for posting offensive content on social media sites. Supreme court to pronounce verdict on validity of section 66a of it act 23 mar, 2015, 03. A2z taxcorp llp is a boutique indirect tax firm having professionals from multi disciplines which includes goods and services tax gst, central excise, custom, service tax, vat, dgft, foreign trade policy, sez, eou, export import laws, free trade policy etc.

The internet, due to the free platform it presents, is e. Section 66a of the it act defines the punishment for sending offensive messages through a. The petitioner in the present writ petition has thus challenged the constitutional validity of section 66a. Although the section was scrapped by the supreme court as unconstitutional in march. Does section 66a of the it act violate article 191a of. The supreme court friday directed all state governments to sensitise their police personnel about its march 24, 2015 verdict which had scrapped section 66a of information technology act, so that people are not unnecessarily arrested under the struck down provision. Article 191 of the constitution provides people the freedom to express their opinion freely. Section 66a of the information technology act, 2000 came into force by virtue of an amendment act of 2009. Breaking down section 66a of the it act the centre for. The supreme court directed all state governments to sensitise their police personnel about its march 24, 2015 verdict which had scrapped section 66a of information technology act, so that people are not unnecessarily arrested under the struck down provision. The information technology act, 2000 was amended in 2008. Section 66a news and updates from the economictimes. The controversial provision made posting offensive material on social networking sites an offence punishable by up to three years in jail.

A public interest litigation petition has been filed in the madras high court bench here challenging the constitutional validity of section 66a of the information technology act under which a puducherry businessmancumindia against corruption volunteer ravi srinivasan was booked last week for having tweeted against union finance minister p. The statistics on crime in india in 2015 released on august 30 reveal something curiously strange about section 66a of the information technology act. It also asked all the high courts to send the copy of the verdict to all. Rajini contended that section 66a was against the freedom of speech guaranteed under the constitution. Section 69a and the information technology procedure and. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. A2z taxcorp llp is a professionally managed firm and having team of distinguished chartered accountants, company secretary, lawyer. Oct 18, 2016 a public interest litigation petition has been filed in the madras high court bench here challenging the constitutional validity of section 66a of the information technology act under which a. An act to consolidate the representation of the people acts of 1949, 1969, 1977, 1978, and 1980, the electoral registers acts of 1949 and 1953, the elections welsh forms act 1964, part iii of the local government act 1972, sections 6 to 10 of the local government scotland act 1973, the representation of the people armed forces act 1976, the returning officers scotland act 1977, section. There have been examples of rampant misuse and it is a severe attack on a persons right of expression. Section 66a has been challenged on the ground that it casts the net very wide all information that is disseminated over the internet is included within its reach.

Section 66a and other legal zombies global freedom of. The section 66a of the it act penalizes sending false and offensive messages through communication services. Freedom of speech and expression has been accorded great importance in the indian constitution. Dec 23, 2014 debate on the validity of section 66a of it. Mar 24, 2015 several pils have been filed challenging the constitutionality of section 66a of the it act. As to petitioners challenge of vagueness, the court followed the u.

Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. Section 66a of the information technology act the centre. Of the challenge on the grounds under article 14 of the constitution of india. It is pertinent to note, that for any such matter that concerns curbing of the fundamental rights of the citizens, a public interest litigation pil can be directly filled in the supreme court. In april last year, a local court in telangana sentenced a man by invoking section 66a, ignoring the supreme courts order. Jan 20, 2018 section 66a of the information technology act, 2000 came into force by virtue of an amendment act of 2009.