Section 66b of finance act, 1994 charge of service tax by ca paras mehra background service tax was first introduced in the year 1994. 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. Offences under section 66b of information technology act. 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. Pdf non bailable offences cyber crimes under the it. The bare text of section 66b is available in the annexure, and the same can also be downloaded in the pdf version. Section 66b is the charging section and holds a vital importance in understanding the service tax act.
Section 66e in the information technology act, 2000. This section is also popularly known as reverse charge mechanism. Pdf section 66a of information technology act visavis freedom. 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. 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. Section 66a of finance act, 1994 the reverse charge mechanism. Service tax act chapter v of the finance act, 1994. It act 2000 penalties, offences with case studies checkmate. 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. Section 66a of the information technology act repealed lexology. This act may be cited as the federal managers financial integrity act of 1982. All you need to know about section 66a of the it act.
The information technology act, 2000 was amended in 2008. Punishment for dishonestly receiving stolen computer resource or communication device. 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. Obscenity in electronic form, morphing of images, defamation, text bullying, stalking, spamming.
The supreme court is examining the constitutional validity of section 66a of the amended indian information technology act, 2000. Punishment for sending offensive messages through communication service. 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. Trademark act of 1946, as amended public law 79489, chapter 540, approved july 5, 1946. Section 66 in the information technology act, 2000 71 66 computer related offences. This section 66a, introduced as part of an amendment to the it act in 2008, is draconian in the nehruvian tradition circa 1951. After the section 66a was repealed on 24 march, the state government said that they would continue the prosecution under. 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.
The amended act which received the assent of the president on february 5, 2009, contains section 66a. 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. Centre defends section 66a of it act sec 66a draconian, but is needed. Central government act 76 66e punishment for violation of privacy. Pdf non bailable offences cyber crimes under the it act. Consumer credit act 1974, section 66a is up to date with all changes known to be in force on or before 05 may 2020. Ii section 66 a of the information technology act 2000 does not vest unguided and unfettered power on the executive 16. Let us read the bare text first and then try to analyse it. Since then it was amended time to time by government of india keeping in mind the practical problems and the need for tax revenue. A fascist could not have asked for something more open ended. Section 66a and other legal zombies by abhinav sekhri, apar. 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. 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. 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.
All you need to know about section 66a of the it act the. 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. However, in the year 2012, service tax took a big turnaround. 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. This chapter shall apply to mutual insurance companies other than. Section 66a of the amended indian information technology act, 2000 is all about. 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. 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 information technology act is unconstitutional in its entirety, the supreme court ruled on tuesday striking down a draconian provision that had led to. This article looks in to what are such sections and which bailable sections can be made non bailable with application of sections from other. A background to section 66a of the it act, 2000 prsindia. 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. Punishment for sending offensive messages through communication service, etc.
Before the honourable supreme court of india civil appellate. 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. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. Online hate community online hate community is created inciting a religious group to act or pass objectionable remarks against a country, national figures etc. Section 66a of the information technology act the centre for. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. A batch of petitions have alleged that the section tramples upon the fundamental right to freedom of speech and expression, and asked that it. 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.
A section 66 a of the information technology act 2000 act does not violate article 14 14 3. 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. 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 section 66a of the information technology act uday. 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. Supreme court strikes down section 66a of it act which. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about.
The law that could land you in jail for a whatsapp forward has gone. Breaking down section 66a of the it act the centre for. Why the court struck down this provision, issues associated and issues over implementation of courts order. Section 66a of information technology act upsc online ias. 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. Supreme court terms sec 66a of it act unconstitutional, sec. Sections 66a, 67 of it act and section 509 of the indian penal code. 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. The act also penalizes various forms of cyber crime. The supreme court struck down section 66a of the it act in 2015, why are cops still using it to make arrests. Pdf on jan 1, 2014, lisa lukose and others published section 66a of information technology act visavis freedom of speech and. Section 66a of the information technology act repealed. Section 66a of the it act defines the punishment for sending.
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. 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. Section 66a and other legal zombies global freedom of. Dec 19, 2015 sec 66a made defamation as cognizable offence with a punishment of not more than 3 years withwithout fine. In their order, the court said, section 66a is violative of article 191a, not saved by article 192, hence unconstitutional. Before the honourable supreme court of india civil. Govt class 11 student sent to jail for facebook post against up minister azam khan blog. Section 1 of the accounting and auditing act of 1950 31 u. 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. Section 66a of the information technology act the centre. This undermines the freedom of speech, rule of law, and institutional integrity of the supreme court.
Section 66a of the information technology act note. Service tax act chapter v of the finance act, 1994 as on 142017 section 64. The immediate cause for concern in these petitions is section 66a of the information technology act of. Govt class 11 student sent to jail for facebook post against up. Dec 11, 2012 debate on the validity of section 66a of it. Section 66b of finance act, 1994 charge of service tax. Road traffic act 1988, section 66a is up to date with all changes known to be in force on or before 05 may 2020. 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. Curbs on free speech are part of nehru family legacy.
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. 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. Amendments to the bankers books evidence act, 1891. Changes that have been made appear in the content and are referenced with annotations.
There are changes that may be brought into force at a future date. 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 supreme court struck down section 66a of the information technology act. Examination of section 66a of the information technology act. 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.
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