Thursday, December 2nd, 2021

IT Act: After receiving the notice from the Supreme Court, the letter of the Center to all the states, asking them not to register a case under Section 66-A of the IT Act

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Following the Supreme Court’s stern remarks, the Center on Wednesday asked states to direct the police not to register cases under Section 66A of the Information Technology (IT) Act, 2000. This section deals with commenting online. In 2015, the Supreme Court struck down the controversial section 66A that criminalized making “derogatory” remarks online. There was a provision for the punishment of imprisonment under this section. The apex court’s decision came after a long-running campaign by supporters of freedom of expression.

Recently, the apex court had said that it was surprised that the decision to nullify this section has not been implemented so far and this section is still being used in many states.

In a statement issued by the Ministry of Home Affairs, it has been said that the states and union territories have been asked to ask all the police stations under their jurisdiction not to register cases under the omitted section 66A of the IT Act. .

In this, the ministry also requested that if any case has been registered under the said section in the states and union territories, then such cases should be canceled immediately.

The Supreme Court’s decision to quash the section was given on 24 March 2015 in Shreya Singhal v Union of India. This section was vacated from the date of the order, hence no action can be taken under it.

The section empowered the police to arrest a person making ‘derogatory’ remarks online and was punishable by a jail term of three years.

The Supreme Court had earlier this month issued notice to the Center over the use of Section 66A of the IT Act and said it was surprising that the decision to scrap the section has not been implemented so far.


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