The petitioners counsels raised important issues on the validity and constitutionality of section 66a of it act. There are changes that may be brought into force at a future date. His cartoons depicting widespread corruption in india were considered offensive. The act also penalizes various forms of cyber crime.
Section 66c in the information technology act, 2000. Section 66a of the information technology act repealed lexology. 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. Dec 11, 2012 this act was substantially amended through the information technology amendment act 2008 in 2008. Section 66a makes it an offence to send, by means of a computer resource or communication device, any of the following information. Section 66a provides punishment for sending offensive messages through communication services. Charge of service tax on services received from outside india. A few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. Section 66b is the charging section and holds a vital importance in. 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. On march 24, 2015, the supreme court of india struck down section 66a of the information technology act, 2000, describing it as unconstitutional. Jun 03, 2016 so to level the field for both resident and nonresident and also to increase the tax revenue, government introduced section 66a through finance act, 2006. Section 66a of the it amendment act, 2008 prohibits the sending of offensive messages though a communication device i. All you need to know about section 66a of the it act the.
Sections 66a of the it act, 2000, hereinafter called as section 66a and section 118d of the kerala police act unconstitutional as being violative of article 191a and not saved by article 192. Section 66a of the amended indian information technology act, 2000 is all about. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. Advisory on implementation of section 66a of the information. Section 66e in the information technology act, 2000. Section 66 a it act information technology act supreme court strikes down sec 66a internet freedom 66a 66a of it act 66 a also read government plans to rework it act to meet new challenges, ravi. Service tax act chapter v of the finance act, 1994 as on 142017 section 64. Regulation of certifying authorities section 1734 chapter 7. The fund shall consist of proceeds of assets seized and forfeited pursuant to sections 55 and 56 of chapter 265 and fines and assessments collected pursuant to sections 50, 51 and 54 of. But what finally prompted the apex court to announce its verdict on section 66a. Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and.
Full text of sc verdict all you need to know about section 66a of it act section 66a quashed. Section 66a of the information technology act the centre for. Oct 27, 2009 back in february 2009 after the it amendment act, 2008 was hurriedly passed on december 22, 2008 by the lok sabha, and a day after by the rajya sabha but before it was notified on october 27, 2009 i had written that s. But, in the present section 66a, it is limited to those services, which are made taxable, under section 65 105 of the act. A background to section 66a of the it act, 2000 prsindia. Section 66a and other legal zombies by abhinav sekhri, apar. Further, it ruled that sections 69a and 79 of the it act, 2000 and the information technology rules, 2009 constitutionally valid2.
Section 66a of the information technology act 2000, continues to be used by police departments across india in prosecutions. 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 finance act, 1994 the reverse charge. This undermines the freedom of speech, rule of law, and institutional integrity of the. Consumer credit act 1974, section 66a is up to date with all changes known to be in force on or before 05 may 2020. Ch magazine section 66a sending offensive or false. In september 2012, a freelance cartoonist aseem trivedi was arrested under the section 66a of the it act, section 2 of prevention of insults to national honour act, 1971 and for sedition under the section 124 of the indian penal code. 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. Punishment for sending offensive messages through communication. 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. This section is also popularly known as reverse charge mechanism. Key points of sc verdict the court said such a law hit at.
The bare text of section 66b is available in the annexure, and the same can also be downloaded in the pdf version. Section 66a of the it act is a relevant section which penalizes sending false and offensive messages through communication services. All you need to know about section 66a of the it act. Electronic signature certificates section 3539 chapter 8. So to level the field for both resident and nonresident and also to increase the tax revenue, government introduced section 66a through finance act, 2006. The supreme court struck down section 66a of the it act in. All you need to know about section 66a of the it act the hindu. Section 66a of the information technology act note. Pdf section 66a of information technology act visavis freedom. There shall be established and set up on the books of the commonwealth a separate fund to be known as the victims of human trafficking trust fund.
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. Supreme court strikes down section 66a of it act which. Succession act, 1925 including any other testamentary. More information on section 66a of information technology act, 2000. Service tax act chapter v of the finance act, 1994. Section 66b of finance act, 1994 charge of service tax. Pdf section 66a of the information technology act uday. Section 66c in the information technology act, 2000 74 66c punishment for identity theft. This article aims to explain in common mans language what section 66a of the amended indian information technology act, 2000 is all about. Section 66a of the act criminalises the sending of offensive messages through a computer or other communication devices.
Changes that have been made appear in the content and are referenced with annotations. Section 66a of the it act talks about sending offensive messages through communication services and a punishment for the same is prescribed in the act. Whoever, intentionally or knowingly captures, publishes or. 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. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. Mar 23, 2015 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. Download supreme court judgment in pdf as to scrapping of section 66a in the matter of shreya singhal v union of india dated. Section 66a of the it act defines the punishment for sending. General law part i, title ii, chapter 10, section 66a. Road traffic act 1988, section 66a is up to date with all changes known to be in force on or before 16 may 2020. Use mylegislature to follow bills, hearings, and legislators that interest you. Breaking down section 66a of the it act the centre for. Apr 08, 2015 a controversial legislative section 66a of it amendment act 2008 was declared as unconstitutional by sc.
The information technology act, 2000 was amended in 2008. A controversial legislative section 66a of it amendment act 2008 was declared as unconstitutional by sc. Judgment day quashing of section 66a of it amendment. The supreme court struck down section 66a of the information technology act. Jun 03, 2016 this section is applicable from the 1 st july 2012.
Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with. Section 66b is the charging section and holds a vital importance in understanding the service tax act. Section 66a, finance act, 1994 2016 charge of service tax on services received from outside india. 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. This section is applicable from the 1 st july 2012. Punishment for sending offensive messages through communication service, etc. The controversial provision made posting offensive material on social networking sites an offence punishable by up to three years in jail. Road traffic act 1988, section 66a is up to date with all changes known to be in force on or before may 2020. Judgment day quashing of section 66a of it amendment act 2008. The amended act which received the assent of the president on february 5, 2009, contains section 66a. Year 2015 was a landmark year in the evolution of cyber law in india. Interestingly, many complaints were made before regarding the widespread abuse and misuse of section 66a. Supreme court rejects pil alleging presence of repealed section.
Section 66a of the information technology act repealed. Section 66a of the information technology act the centre. Information act 1982, information relating to section 66a of the social security act 1964 the act. The section reads as under any person who sends, by means of a computer resource or a communication device, aany information that is grossly offensive or has menacing character.
Examination of section 66a of the information technology act. Punishment for dishonestly receiving stolen computer resource or communication device. Obscenity in electronic form, morphing of images, defamation, text bullying, stalking, spamming. Aug 06, 2015 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. Any person who sends, by means of a computer resource or a communication device. Section 66a of finance act, 1994 the reverse charge mechanism. 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. Bengaluru, karnatakapolice departments across the country continue to arrest and detain citizens under the draconian provisions of section 66a of the information technology act 2000 despite the. This section was introduced by finance act, 2006 w. In the information technology act, 2000, in section 66a. Section 66a and other legal zombies by abhinav sekhri.
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 the petition said a recent working paper by the internet freedom foundation demonstrated that pending prosecutions. In and out section 66a and explanation to section 65105. Kapil sibal, minister of communications and information technology, has argued that section 66a of the it amendment act, 2008 is needed to fight harrassment and abuse of women online. 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 also read government plans to rework it act to meet new challenges, ravi. 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 of information technology act upsc online. Pdf on jan 1, 2014, lisa lukose and others published section 66a of information technology act visavis freedom of speech and. The supreme court on tuesday struck down section 66a of the it act which allowed arrests for posting offensive content on social media sites. 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 section 66a of the it act penalizes sending false and offensive messages through communication services. Section 66a of information technology act upsc online ias.
Penalties compensation and adjudication section 4347 chapter 10. For the sake of clarity, i will address each of your questions in turn. The cyber appellate tribunal section 4864 chapter 11. Copies of ministry policies, other documentation, or references to court decisions that guide you or your staff on receipt of application, when. Copies of ministry policies, other documentation, or references to court decisions that guide you. The offence under section 66a of it act being cognizable, law enforcement agencies have authority to arrest or investigate without warrants, based on charges. Section 66a and other legal zombies global freedom of. Service tax act chapter v of the finance act, 1994 section 64. To understand the concept of section 66a of it act 2000 2.