Service tax act chapter v of the finance act, 1994 as on 142017 section 64. Before the honourable supreme court of india civil. All you need to know about section 66a of the it act 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. Service tax act chapter v of the finance act, 1994. This chapter shall apply to mutual insurance companies other than. Punishment for dishonestly receiving stolen computer resource or communication device. Central government act 76 66e punishment for violation of privacy. 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 the amended indian information technology act, 2000 is all about. 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. Since then it was amended time to time by government of india keeping in mind the practical problems and the need for tax revenue.
Dec 19, 2015 sec 66a made defamation as cognizable offence with a punishment of not more than 3 years withwithout fine. This undermines the freedom of speech, rule of law, and institutional integrity of the supreme court. Centre defends section 66a of it act sec 66a draconian, but is needed. Section 66a and other legal zombies by abhinav sekhri, apar. 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. Amendments to the bankers books evidence act, 1891. This section is also popularly known as reverse charge mechanism. After the section 66a was repealed on 24 march, the state government said that they would continue the prosecution under. Let us read the bare text first and then try to analyse it.
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. Curbs on free speech are part of nehru family legacy. The amended act which received the assent of the president on february 5, 2009, contains section 66a. This act may be cited as the federal managers financial integrity act of 1982. Road traffic act 1988, section 66a is up to date with all changes known to be in force on or before 05 may 2020. Enter the frightening section 66a of the it act which covers email, fb, tweets and all their variations to make annoyance or inconvenience causing danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will punishable. Obscenity in electronic form, morphing of images, defamation, text bullying, stalking, spamming. Trademark act of 1946, as amended public law 79489, chapter 540, approved july 5, 1946. It act 2000 penalties, offences with case studies checkmate.
Govt class 11 student sent to jail for facebook post against up minister azam khan blog. Section 66b of finance act, 1994 charge of service tax. Section 66a of the information technology act repealed lexology. Section 66a of finance act, 1994 the reverse charge mechanism.
Sections 66a, 67 of it act and section 509 of the indian penal code. 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. In this post pranesh prakash explores why that section is unconstitutional, how it came to be, the state of the law elsewhere, and how we can move forward. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information.
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. Sec 66a made defamation as cognizable offence with a punishment of not more than 3 years withwithout fine. Before the honourable supreme court of india civil appellate. 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 information technology act repealed. 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. Section 66b is the charging section and holds a vital importance in understanding the service tax act. 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.
Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. The sad part of this amendment is that experts from various itrelated bodies like nasscom seem to have provided inputs and given the nod to such a draconian law. Section 66a of the it act as it stood was so vague that law enforcement authorities could, and did, interpret opinions liberally in a manner as being worthy of putting citizens behind bars. A background to section 66a of the it act, 2000 prsindia. Any reference in any law, regulation, document, record, or other paper of the united states to the federal acquisition reform act of 1996 or to the information technology management reform act of 1996 shall be considered to be a reference to the clingercohen act of 1996 see short title of 1996 act note set out under section 101 of title 41. The immediate cause for concern in these petitions is section 66a of the information technology act of. 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. However, the issue lies in a speedily made correction amid the upa i decide in december 2008 that added section 66a t o the law alongside a few different arrangements. 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. Pdf on jan 1, 2014, lisa lukose and others published section 66a of information technology act visavis freedom of speech and. Indian evidence act, 1872, th e bankers books evidence act, 1891, and the reserve bank of india act, 1934 to encourage internet business and electronic administration.
Aug 06, 2015 section 66a of the it act as it stood was so vague that law enforcement authorities could, and did, interpret opinions liberally in a manner as being worthy of putting citizens behind bars. Examination of section 66a of the information technology act. Pdf section 66a of information technology act visavis freedom. This section 66a, introduced as part of an amendment to the it act in 2008, is draconian in the nehruvian tradition circa 1951. The supreme court struck down section 66a of the information technology act.
A batch of petitions have alleged that the section tramples upon the fundamental right to freedom of speech and expression, and asked that it. Punishment for sending offensive messages through communication service, etc. The information technology act, 2000 was amended in 2008. Service tax act chapter v of the finance act, 1994 section 64. In their order, the court said, section 66a is violative of article 191a, not saved by article 192, hence unconstitutional. Section 66a of the information technology act note. 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. Nov 26, 2018 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. We, the subscribers, severally agree to pay to the name of company, on demand, the whole or such part of the amounts set opposite our names, respectively, as may be called.
Whoever dishonestly receives or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a. Govt feb 5, 2015 posting pictures and comments on social networking sites which hurt religious sentiments cannot be tolerated and people must be prosecuted under section 66a of the information technology act, the centre told the supreme court on wednesday. However, in the year 2012, service tax took a big turnaround. Sec 67a of it act, confers a punishment that may range from 510 years of imprisonment with 12 lakh fine, for transmitting the obscene or vulgar offences across internet. 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. Section 66a and other legal zombies global freedom of. In the information technology act, 2000, in section 66a. All you need to know about section 66a of the it act. 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 imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Section 66a of the it act defines the punishment for sending.
Online hate community online hate community is created inciting a religious group to act or pass objectionable remarks against a country, national figures etc. 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 imprisonment which may extend to three years or with. Offences under section 66b of information technology act. Supreme court strikes down section 66a of it act which. There are changes that may be brought into force at a future date. Why the court struck down this provision, issues associated and issues over implementation of courts order. Dec 11, 2012 debate on the validity of section 66a of it. 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. Section 1 of the accounting and auditing act of 1950 31 u. 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 act also penalizes various forms of cyber crime. 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. Section 66a of the information technology act the centre.
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. Govt class 11 student sent to jail for facebook post against up. Section 66b of finance act, 1994 charge of service tax by ca paras mehra background service tax was first introduced in the year 1994. Changes that have been made appear in the content and are referenced with annotations. Pdf non bailable offences cyber crimes under the it. 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. Pdf non bailable offences cyber crimes under the it act. Section 66a of the information technology act the centre for. The supreme court struck down section 66a of the it act in. Breaking down section 66a of the it act the centre for. Supreme court terms sec 66a of it act unconstitutional, sec. 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. This article looks in to what are such sections and which bailable sections can be made non bailable with application of sections from other.
Punishment for sending offensive messages through communication service. Even without section 66a there exist enough provisions under the indian penal code and the information technology act to prosecute many forms of online abuse and harassment. Section 66e in the information technology act, 2000. Pdf section 66a of the information technology act uday. He was charged under section 66a of the it act, and sections 153a promoting enmity between different religions, 504 intentional insult with intent to provoke breach of peace and 505 public mischief of indian penal code.
Section 66 in the information technology act, 2000 71 66 computer related offences. Ii section 66 a of the information technology act 2000 does not vest unguided and unfettered power on the executive 16. The supreme court is examining the constitutional validity of section 66a of the amended indian information technology act, 2000. Section 66a of information technology act upsc online ias. A section 66 a of the information technology act 2000 act does not violate article 14 14 3.
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