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Police asked not to register cases under repealed Section 66A of IT Act, 2000-MHA

Police asked not to register cases under repealed Section 66A of IT Act, 2000-MHA

Kanwar Inder Singh/ royalpatiala.in

The Union Ministry of Home Affairs (MHA) has requested States and Union Territories (UTs)to direct all police stations under their jurisdiction not to register cases under the repealed Section 66A of the Information Technology Act, 2000. It has also asked the States and UTs to sensitize law enforcement agencies for the compliance of the order issued by the Supreme Court on 24.03.2015.  The MHA has also requested that if any case has been booked in States and UTs under section 66A of the IT Act, 2000, such cases should be immediately withdrawn.

Police asked not to register cases under repealed Section 66A of IT Act, 2000-MHA-Photo courtesy-Internet
MHA

The Supreme Court in its judgment on 24.03.2015 in the matter of Shreya Singhal Vs. Union of India, had struck down Section 66A of the Information Technology Act, 2000. This made Section 66A of the Information Technology Act, 2000 null and void with effect from the date of the order, therefore 24.03.2015 and hence no action could be taken under this section.

The apex court ruled that the section falls outside Article 19(2) of the Constitution, which relates to freedom of speech, and thus has to be struck down in its entirety.

Police asked not to register cases under repealed Section 66A of IT Act, 2000-MHA. Section 66A in The Information Technology Act, 2000

72 [ 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; or

(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

 

July 14,2021

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