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For breaking Section 66A of the IT Act, citizens cannot be prosecuted: SC

On Wednesday, the Supreme Court ruled that no person could face legal action for breaking section 66A of the Information Technology Act. The court noted that the Supreme Court had struck down the aforementioned provision, which gave the government the right to make arrests in response to egregiously offensive online content.

 

Additionally, it urged the home secretaries and police director generals to make sure that the police do not file any complaints or report any crimes about any violations of section 66A.

 

The bench stated, ‘If in the crime in issue, additional offences are also claimed then just reference and reliance in section 66A alone shall not be made,’ clarifying that this directive solely pertains to the offences punishable under section 66A.

 

The bench further stated that readers of any official, semi-official, or private publication on the IT Act shall be made aware that section 66A has been overturned by the court. The SC had earlier asked the Center to contact the chief secretaries of errant states and pressure them to take corrective action. The Center was given three weeks to complete the task.

 

People Union for Civil Liberties, an NGO, complained that cases under 66A were still being registered despite the court’s unequivocal ruling that the draconian law was unconstitutional in Shreya Singhal’s case. This complaint led to the top court’s decision to issue its order.

 

A bench led by Justice RF Nariman stated in 2021 that they were ‘amazed’ that FIRs were being submitted in accordance with the provision that had been overturned. It gave notice to all the states and requested an explanation of the Centre’s legal position.

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