"Analytical Study Of Section 66a Of The Information Technology Amendment Act, 2008""Jurisprudential Aspects Of Innovation And Socital Change"

Abstract

In the past decade, the Information Technology industry has witnessed an astounding expansion in India. Criminals also have revolved to utilize the internet as a possible medium for committing a crime. The Information Technology Act is one of the most significant actions enacted by the legislative council in order to verify the offences in context of usage of internet. The original Act enacted in 2000 and its following revisions incorporated many provisions to deal with new kinds of crimes. Since the passage of the Act, there has been a cry over its inadequacies and abuse by the government. The Section 66A, which was perhaps the most abused part, was overturned by the Supreme Court of India on March 24, 2015 to defend the Right to freedom of speech and expression after a PIL was filed by Shreya Singhal contesting the constitutionality of the section. This paper will analyze the shortcomings of this section in light of the decision of the apex court. Various factors on the basis of which Section 66A was marked out as unconstitutional by the Supreme Court include discussed. The article also demonstrates the relevance of Sec 66A to tackle several offences. The article closes with a comment on the importance of this part and discusses the rationale of why the part should have kept with some modifications or recommendations or both.