NEW DELHI: The Supreme Court's
decision to strike down Section 66A
of I-T Act
may infuse social network site
addicts with a sense of unrestricted
freedom of expression, but it is a
deja vu situation for them as
indiscrete postings in social network
sites could still invite arrest under
similar provisions of Indian Penal
Code.
In most of the cases slapped against
persons for posting offensive views
on social network sites, the police
had invariably invoked Sections 153
and 505 of the IPC along with
Section 66A of I-T Act, which is a
bailable offence. It is the invoking of
additional IPC sections which had
allowed the police to arrest the
persons for offensive posts.
Section 153 and 153A provides for
registration of a case against a
person who gives a statement either
in writing or orally that incites
communal riots or provokes
communal tension and enmity
between communities. IT is
punishable with imprisonment from
6 months to one year with fine.
Section 505 punishes persons who
spread rumour through their
statement to cause public disorder
with an imprisonment up to 3 years.
Section 66A was not part of the
original I-T Act enacted during NDA
government in 2000. The UPA
government had amended the Act in
2009 and brought Section 66A into
force October 27, 2009. At that time
Veerappa Moily was the law minister
and A Raja was the minister for
information technology. Kapil Sibal
succeeded Raja as I-T minister.
Section 66A quashed: Citizens can still be arrested for online posts - TOI Mobile | The Times of India Mobile Site
