This undermines the freedom of speech, rule of law, and institutional integrity of the supreme court. In this article, we will look at the objectives and features of the information technology act, 2000. In the information technology act, 2000, in section 66a. All you need to know about section 66a of the it act. Pdf section 66a of information technology act visavis freedom. Sections 6, 7 and 8 not to confer right to insist document should be accepted.
The information technology act, 2000, was thus passed as the act no. Section 66a in the information technology act, 2000. This entry was posted in section 66c of information technology act 2000, section 66c of information technology act 2000amendment 2008 and tagged section 66c of information technology act 2000, section 66c of information technology act 2000amendment 2008 on may 16, 20 by cyber crime lawyer in delhi. Informationtechnologyact2000anoverview authorstream. 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. Section 66a and other legal zombies by abhinav sekhri, apar. Information technology act 2000 cyber law india youtube. A previous version of this post incorrectly referred to the part of the information technology act that has been overturned as section 66a. 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. If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for.
Section 66 in the information technology act, 2000 indian kanoon. The controversial section has long been decried by. The supreme court struck down section 66a of the it act in. Two years ago, on 24 march 2015, online speech or communication got a boost as the supreme court declared a draconian provision section 66a of the information technology act, 2000. 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. Nov 26, 2018 we find that an unconstitutional provision, section 66 a of the information technology act 2000, continues to be used by police departments across india in prosecutions.
Notification under itamendment act, 2008 it amendment act 20082. By adopting this cyber legislation india became the 12th nation in the world to adopt a cyber law regime during 2000. Pdf non bailable offences cyber crimes under the it act. The information technology act, 2000 also known as ita 2000, or the it act is an act of the indian parliament no 21 of 2000 notified on 17 october 2000. Act with some major objectives to deliver and facilitate lawful electronic, digital, and online transactions, and mitigate cybercrimes. The section 66a of the it act penalizes sending false and offensive messages through communication services. More information on section 66 of information technology act, 2000. What section 66 of indias information technology act. Ministry of law, justice and company affairs legislative department new delhi, the 9th june, 2000jyaistha 19, 1922 saka the following act of parliament received the assent of the president on the 9th june, 2000, and is hereby published for general information. 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 the information technology act repealed. 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 proposed amendments in the draft of the information technology intermediaries guidelines amendment rules 2018, rule 39 is bound to force social media platforms like whatsapp, facebook and twitter to remain vigil and keep users on their toes before posting or sharing anything that is deemed as unlawful information or content.
Solved examples with detailed answer description, explanation are given and it would be easy to understand. Section 66c of information technology act 2000 cyber. Section 66a and other legal zombies by abhinav sekhri. The information technology it act, 2000 provides for legal recognition for transactions through electronic communication, also known as ecommerce. The supreme court has quashed section 66 a of the information technology act on tuesday, terming it vague and unconstitutional. Information technology act 2000 anoverview authorstream presentation. The information technology act, 2000 or ita, 2000 or it act, was notified on october 17, 2000. Information technology act 2000 ministry of electronics and. It is the primary law in india dealing with cybercrime and electronic commerce. Section 66a of the information technology act note. Aug 06, 2015 in a landmark judgment upholding freedom of expression, the supreme court has struck down section 66a of the amended indian information technology act, 2000 it act, a provision in the. Reacting to the supreme court judgement striking down section 66 a of the information technology act, communications and it minister ravi shankar prasad said if the security establishment feels there is need to consider certain aspects in the light of the order, these shall be considered in a proper structured way with due safeguards so that. Information technology act 2000 linkedin slideshare.
Objectives of the it act 2000 this act may be called the information technology act, 2000. Section 66a of the information technology act the centre. Four hackers arrested in south delhi 15 feb 2017 ms voucha gram india pvt. Pdf non bailable offences cyber crimes under the it. Publishing of information which is obscene in electronic form. Sections 43 to 47 provide for penalties and compensation. Provided that provisions of section 67, section 67a and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form.
Subrata sengupta, the secretary of the housing society, was also arrested. Section 66 in the information technology act, 2000 71 66 computer related offences. A background to section 66a of the it act, 2000 prsindia. All you need to know about section 66a of the it act the.
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 191. Pdf section 66 a of the information technology act 2000 inserted vide amendment in 2008 was struck down by the supreme court in the. The indian information technology act 2000 act was a based on the model law on electronic commerce adopted by the united nations commission on international trade law 1. It act 2000 penalties, offences with case studies checkmate. Section 66a in the information technology act, 2000 72 66a punishment for sending offensive messages through communication service, etc. Definitions section 2 computer means electronic, magnetic, optical or other highspeed date processing device or system which performs logical, arithmetic and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage. Mar 24, 2015 the supreme court has quashed section 66 a of the information technology act on tuesday, terming it vague and unconstitutional. This is considered the first case convicted under section 67 of information technology act 2000 in india.
Definitions section 2 computer means electronic, magnetic, optical or other highspeed date processing device or system which performs logical, arithmetic and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing. Informationtechnologyact2000anoverview authorstream presentation. Mar 23, 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. Section 66a of the amended indian information technology act, 2000 is all about. What does the information technology act, 2000 provide for. Pdf section 66a of the information technology act uday. In light of this, we present a background to section 66 a and the recent developments leading up to its challenge before the court. Section 66a of the information technology act repealed lexology. The amended act which received the assent of the president on february 5, 2009, contains section 66a. B knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the state or foreign relations. Judicial matters amendment act 66 of 2008 17 february 2009 s. This article looks in to what are such sections and which bailable sections can be made non bailable with application of sections from other. 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. Could section 66 a of the information technology act researchgate.
A conviction can fetch a maximum of three years in jail and a fine. Sections 48 to 64 deals with tribunals a appeal to high court. 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. 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 sections slapped on the three accused were section 292 sale, distribution, public exhibition, etc. Act got president assent on 9th june 2000 and it was made effective from 17th october 2000. Information technology act 2000 ministry of electronics. An act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as electronic commerce, which involve the use of alternatives to paperbased methods. Mar 24, 2015 reacting to the supreme court judgement striking down section 66 a of the information technology act, communications and it minister ravi shankar prasad said if the security establishment feels there is need to consider certain aspects in the light of the order, these shall be considered in a proper structured way with due safeguards so that. Nov 16, 2012 sections 43 to 47 provide for penalties and compensation. 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.
Section 67b in the information technology act, 2000. In a landmark judgment upholding freedom of expression, the supreme court has struck down section 66a of the amended indian information technology act, 2000 it act, a provision in the. This was in response to a pil that challenged the constitutionality of this provision. 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. The amended act which received the assent of the president on february 5, 2009, contains. The accused paid fine amount and he was lodged at central prison, chennai. As per section 67 of it act 2000, he has to undergo for 2 years and to pay fine of rs.
Section 66a of the information technology act the centre for. Any person who sends, by means of a computer resource or a communication device. Information technology act, 2000 it act, a provision in the cyber law which. The cyber appellate tribunal section 4864 chapter 11. The controversial section has long been decried by activists. Digital signature has been replaced with electronic. As discussed in the first chapter, the government of india enacted the information technology i. The information technology act, 2000 was amended in 2008. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. This act was substantially amended through the information technology amendment act 2008 in 2008. Section 66f of the information technology act, 2000 the. Chargesheet was filed, therefore, for offences punishable under section 507 of indian penal code andsection 67 of the information technology act, 2000. Full text containing the act, information technology act, 2000, with all the sections, schedules, short title, enactment date, and footnotes.
A few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. They were charged under section 66a and b of the it act, for defamation under sections 500, for obscene gesture to a woman under section 509, and abetting a crime under section 114 of the indian penal code. Regulation of certifying authorities section 1734 chapter 7. Section 80 to 94 deals with miscellaneous of the act. Information technology act, 2000 bare acts law library. Punishment for sending offensive messages through communication service, etc. It is the law that deals with cybercrime and electronic commerce in india. Electronic signature certificates section 3539 chapter 8. Information technology act, 2000 as discussed in the first chapter, the government of india enacted the information technology i. If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. Jun 24, 2014 as per section 67 of it act 2000, he has to undergo for 2 years and to pay fine of rs. Penalties compensation and adjudication section 4347 chapter 10.
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