News –Supreme Court found the enforcement of
Section 66A of the Information Technology
(IT) – six years after it was struck down.
Section 66 A of IT act
• Dealt with information related crimes
• Sending information – found to be offensive, disrespectful and threatening – are punishable offence
Communication – sent by means of a computer resource or through any
communication device
THE INFORMATION TECHNOLOGY ACT, 2000
CHAPTER XI – OFFENCES
66A.
Punishment for sending offensive messages through
communication service, etc.–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; or
(b) any information which he knows to be false, but for the
purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device;
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with
imprisonment for a term which may extend to three
years and with fine.
Weakness of Section 66A
• Created an offence on the basis of undefined actions
Sub section (b) – law can be enforced when the information is found to be
causing inconvenience, danger, obstruction – fails to define the terms
Gives a scope for wider interpretation – may go against the purpose of this
law
• Such terms do not fall among the exceptions granted under Article 19 of the Constitution
• Section 66A did not have procedural safeguards like other sections of the law.














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