Section 66a of the information technology act is unconstitutional in its. Section 66 a of the information technology act 2000 inserted vide amendment in 2008 was struck down by the supreme court in the recent case of shreya singhal vs. Hacking earlier used to refer to a crime under section 43 of the it act but at the same time, ethical hacking or better known as white collar hacking was considered legal. The main indian act that addresses legal challenges specifically as they relate to the internet is the information technology amendment act, 2008, or for short, the it act. Purpose of introduction information technology act, 2000 was enacted on. It introduced section 66a which penalized sending offensive messages. 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 official information act 2008 is a cook islands law passed to make official information more freely available, and to establish procedures for the achievement of those purposes. Critical appraisal of information technology act academike.
Information technology amendment act, 2008 it act 2008 is a substantial addition to indias information technology act ita2000. The law was amended in 2008 and received presidential assent on february 5, 2009. Sections 6, 7 and 8 not to confer right to insist document should be accepted in. The information technology it act, 2000 provides for legal recognition for transactions through electronic communication, also known as ecommerce. Section 66a of the information technology act the centre for. Section 69 of the information technology amendment. Secondary sources include books, articles and web sources. Section 66a of the information technology amendment act, 2008 prohibits the sending of offensive messages though a communication device i. Any person who sends, by means of a computer resource or a communication device, any information that is grossly offensive or has menacing character. Mar 24, 2015 section 66a of the amended indian information technology act, 2000 is all about. Information technology act, 2000 with 2008 amendments.
Full text containing the act, information technology act, 2000, with all the sections, schedules, short title, enactment date, and footnotes. An analytical study on offences under it act with special reference. A case under section 66 d of the information technology act was registered, the officer said, adding a probe was on. The word hacking used in section 66 of earlier act has been. Section 43 of the it act provides that a person shall be liable to pay. Act, 1872, the bankers books evidence act, 1891 and the reserve bank of india act, 1934. Mar 24, 2015 the supreme court has quashed section 66a of the information technology act on tuesday, terming it vague and unconstitutional. Section 66a of the information technology act 2008. Section 66f of the information technology act, 2000 the. Oct 12, 2012 the information technology act, 2000 has given legal recognition to creation, transmission and retention of an electronic or magnetic data to be treated as valid proof in a court of law some technology products in banking sector include.
Information technology act, 2000 21 of 2000 9th june, 2000. Where a person without the permission of owner or any other personincharge damage the computer, or computer system, or computer network, the he shall be liable for penalty and compensation to such person so affected. The information technology amendment act, 2008 serves as a suitable case study for an analysis of the legislative exercise of law and policy formulation in the field of cybercrime legislation, revealing quite emphatically the need for carefully worded provisions, foresight in the drafting process and imagination with respect to. The it act was amended in 2008 to address contemporary issues and. The information technology act, 2008 ministry of law, justice and company affairs legislative department new delhi, the 9th june 2000jyaistha 19, 1922 saka the following act of parliament received the assent of the president on the 9th june 2000 and is hereby published for general information. Any person who sends, by means of a computer resource or a communication device. The act also repealed the official secrets act 1951, which the cook islands had inherited from new zealand. The information technology amendment act, 2008 the. Information technology act 2000 hi guys in this video we are going to explain about the information it act 2000 video walk through on. B knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of the security of the state or foreign relations. Any person who sends, by means of a computer resource or a communication device, any information that is grossly offensive or has.
Buy commentary on information technology act book online at best prices in india on. 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 people for posting content deemed to be allegedly objectionable on the internet. It act 2000 penalties, offences with case studies checkmate. The information technology act, 2000 indian kanoon. Dec 11, 2012 this act was substantially amended through the information technology amendment act 2008 in 2008. Be it enacted by parliament in the fiftyninth year of the republic of india as follows. No part of this book may be translated or copied in any. Mar 23, 2015 all you need to know about section 66a of the it act. The supreme court struck down section 66a of the it act in. This is considered the first case convicted under section 67 of information technology act 2000 in india.
Section 66 c of information technology act 2000amendment 2008 section 66 c 66 d of the information technology act, 2000. Any person dishonestly, or fraudulently does any act as. Code, 1860, indian evidence act, 1872, bankers book evidence act, 1891. Section 79 of the information technology amendment act, 2008 regulates the liability of a wide range of intermediaries in india. Mar 24, 2015 but what exactly was in section 66a of the information technology act that made it unconstitutional. It act was amended by it amendment act, 2008 when the information technology act, 2000 was introduced it was the first information technology legislation introduced in india. Additions to the it act in 2008 protect against identity theft s. The information technology act, 2000 was amended in 2008. Publishing of information which is obscene in electronic form under it act 2000.
The above act was further amended in the form of it amendment act, 2008 itaa2008. Section 66e in the information technology act, 2000. The government of india enacted its information technology act 2000 with. 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 two three years or with fine which may extend to five lakh rupees or with both. The supreme court has quashed section 66 a of the information technology act on tuesday, terming it vague and unconstitutional. Buy commentary on information technology act book online at. In this article, we will look at the objectives and features of the information technology act, 2000.
Section 66 of the information technology act 2000 amendment 2008 speaks about cyber crimes. In a landmark judgment upholding freedom of expression, the supreme court has struck down section 66a of the amended indian information technology act, 2000 it act. Buy commentary on information technology act book online. 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. Though on paper its a recognised crime, half of the society is still unaware about it. The information technology amendment bill, 2008 amended sections 43 data protection, 66 hacking, 67 protection against unauthorised access to data. The existing laws section 66 of information technology act is not sufficient to. The supreme courts decision to strike down section 66a of it act may infuse social network site. Amendment act of 2008 and the cases laws relating to the section 66a66f. And information technology amendment act 2008 effective from october 27, 2009 could be a game changer.
While the details of the supreme court ruling have yet to be released, freespeech activists. Section 66a of the information technology act, which prescribes punishment for sending offensive messages through communication service, etc. This act was substantially amended through the information technology amendment act 2008 in 2008. 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. The most important tools to curtail it are sections 67 and 67a of the it act, prohibiting obscene and sexually explicit material respectively. All you need to know about section 66a of the it act the. In light of this, we present a background to section 66 a and the recent developments leading up to its challenge before the court. Information technology act ministry of electronics and. It amendment act 2008 2349 kb this pdf file is non accessible through use of assistive technologies i.
Section 66 in the information technology act, 2000 71 66 computer related offences. What does the information technology act, 2000 provide for. The information technology act, 2000 also known as ita2000, or the it act is an act of the indian parliament no 21 of 2000 notified on 17 october 2000. With the tendency of misusing of technology, there arisen a need of strict. Offences and penalties under the information technology amendment act, 2008 it act. All you need to know about section 66a of the it act the hindu. After amendment 2008 section 66 a 66f were added describing certain kinds of offences. Cybercrime and privacy the centre for internet and society. The following are the chapters, in which the information technology act 2000 has been divided into. While the details of the supreme court ruling have. Section 66 of information technology act 2000, computer related offences, it amendment act 2008, section 66 of it act, cyber crime, hacking, section 43.
Section 66 b states the punishment for dishonestly receiving or. 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. Offences and penalties under information technology act, 2000. Why did the need for it amendment act 2008 itaa arise. Offences and penalties under the information technology.
Search the worlds most comprehensive index of fulltext books. It is the primary law in india dealing with cybercrime and electronic commerce. Net banking online payment of excise and service tax 24. The amended act which received the assent of the president on february 5, 2009, contains section 66a. Section 66a dealing with punishment for sending offensive messages, which was. The facts and opinions expressed here do not reflect the views of. It discusses the section 66 of information technology act, 2000 along with the sweeping changes brought in by the amendment act of 2008 and the cases laws relating to the section 66a 66f.
The student was asked to stop writing and taken aside, the police said. If any person without permission or the knowledge of the owner or any other person who is incharge of a computer, computer system or computer network. Salient features of the information technology amendment. The it amendment act was passed by the indian parliament in october 2008 and came into force a year later. It was later amended by passing information technology amendment act, 2008. To know about it act 2000 as amended by information technology amendment act 2008, and its objectives to understand its scope and definitions to discuss various chapters of the act. Section 66a which punishes persons for sending offensive messages is overly. The information and technology act, 2000 it act covers all types of cyber crime committed in the country including hacking. Act, 1872, the bankers books evidence act, 1891 and the reserve bank of. Section 66a of the information technology act the centre. Dec 17, 2014 by soumik chakraborty and sreedhar kusuman. Buy commentary on information technology act with rules.
An analytical study on offences under it act with special. But what exactly was in section 66a of the information technology act that made it unconstitutional. The information technology amendment act, 2008 serves as a suitable case study for an analysis of the legislative exercise of law and policy formulation in the field of cybercrime legislation. Jun 24, 2014 as per section 67 of it act 2000, he has to undergo for 2 years and to pay fine of rs. Section 66 computer related offences amended vide information technology amendment act 2008 reads as under. The section came in the limelight mostly because of the infamous intermediary guidelines rules, or it rules, which were made under it. Amendments to the bankers books evidence act, 1891. The information technology amendment act, 2008 is a substantial addition to. Section 66c of information technology act 2000amendment. The authorities at the exam centre then called the police. Information technology act, 2000 bare acts law library. They were charged under section 66a and b of the it act, for defamation under sections 500, for obscene gesture to a woman under section 509, and abetting a crime under section. While the objective behind the 2008 amendment was to prevent the misuse of information technology, particularly through social media, section 66a comes with extremely wide parameters, which allow whimsical interpretations by law enforcement agencies.
Section 66a in the law books would now read, hence repealed in the wake of the supreme court verdict. Various issues related to section 66 a of it act gktoday. All you need to know about section 66a of the it act. The accused paid fine amount and he was lodged at central prison, chennai. The information technology act, 2000 or ita, 2000 or it act, was notified on october 17, 2000. A background to section 66a of the it act, 2000 prsindia. For the purposes of this section, the expression affixing digital signature shall have the meaning assigned to it in clause d of subsection 1 of section 2 of the information technology act, 2000.
Section 66a of the information technology act repealed. Decoding section 66e how to handle your violation of privacy. Section 66a makes it an offense to send, by means of a computer resource or communication device, any of the following information. Most of the terms used in the section have not been specifically defined under the act. The controversial section has long been decried by. Do not send offensive messages part of the information technology amendment act, 2008 summary. Substituted by information technology amendment act, 2008 10 of 2009, s. The law was amended in 2008 and received presidential assent on. Does anyone know under which section of the law comes cyber. Section 66 acts of hacking leading to wrongful loss or damage. The information technology act, 2000 is an act of the indian parliament no 21 of 2000. It act 2000, information technology act 2000, bare act.
Information technology act 2000 cyber law india youtube. On december 22, 2008, the information technology amendment act, 2008 was passed by the lok sabha with almost no discussion whatsoever. The information technology amendment act, 2008 10 of 2009 5th february, 2009 the information technology amendment act, 2008 appendix ii an act further to amend the information technology act, 2000. Life after section 66a of the information technology act. The main aim if this paper is to prove that the existing laws under section 66 of it act is not sufficient enough to deal with the increasing computer. The amended act which received the assent of the president on february 5, 2009, contains. We provide services in cyber crime investigation,ethical hacking,hacking coarse, consultation,online security, it laws, case studies, cyber safety tips, and articles, hacking tips and tricks,hacking tutorials,submit your complaint,complaint,cyber crime complaint, salient features of the information technology amendment act, 2008. What is information technology amendment act 2008 it act. We highlight the sections that have the greatest relevance for the internet and democracy. The section 66a of the it act penalizes sending false and offensive messages through communication services. Here in this article we will be looking forward to section 66 a specifically in the light of supreme court judgements.
What section 66 of indias information technology act. Ministry of law, justice and company affairs legislative department new delhi, the 9th june, 2000jyaistha 19, 1922 saka the following act of parliament received the assent of the president on the 9th june, 2000, and is hereby published for general information. 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. Punishment for sending offensive messages through communication service, etc. It is the law that deals with cybercrime and electronic commerce in india. Penalties, compensation and adjudication under information technology act, 2000. The information technology amendment act 2008 have introduced a host of offencies and prescribed penalties for these offences. Section 69 of the information technology amendment act 2008, passed by parliament on december 23, 2008, is far more intrusive than the indian telegraph act of 1885, which was drafted to protect the interests of the british raj. The information technology act, 2000 did not contain any provisions regarding this heinous crime but the amended act in 2008 made it possible by recognising cyber stalking via section 66a. Buy commentary on information technology act with rules, regulations, orders, guidelines, reports and policy documents book online at best prices. May 16, 20 this entry was posted in section 66c of information technology act 2000, section 66c of information technology act 2000amendment 2008 and tagged section 66c of information technology act 2000, section 66c of information technology act 2000amendment 2008 on may 16, 20 by cyber crime lawyer in delhi. Grant recognition to maintenance of books of accounts in electronic form. For user information document title is the gazette of india part ii dated february 5,2009. Analysis of section 66 a of the information technology act.
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