Section 66-a of information technology act

K K S V SOMESWAR (Querist) 29 March 2015 This query is : Resolved
Since 66-A of Information Technology Act was struck down by Hon'ble Supreme Court all the pending cases under this section will be discharged. This came in all newspapers.
What is the procedure for this since charge sheet was lodged only under Section 66-A.

Discharge petition was filed and the date is given during April 2nd week for further hearing on this.

Experts ! pl

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Guest (Expert) 29 March 2015
Your perception that, "all the pending cases under this section will be discharged" seems to be not correct. The SC judgment nowhere specifies that all the pending cases u/s 66A should be discharged.

Better file a prayer to the judge of the case to dispose of your case in the light of the SC judgment.

Rajendra K Goyal (Expert) 29 March 2015
Read the judgement first and then prey the court to discharge in light of the above ruling.

SAINATH DEVALLA (Expert) 30 March 2015
All the cases will not be discharged, no where in the judgement it is mentioned that all the cases prior to the judgement will be discharged.Its a wrong perception.

Anirudh (Expert) 30 March 2015
If the Charge/trial is based on the provisions contained in Sec. 66A of the I.T. Act, then all the pending cases will get discharged for the simple reason, those charges have no legs to stand, especially when the very provision under which one stands charged stands struck down by the Supreme Court.

Biswanath Roy (Expert) 02 April 2015
The issue raised before the Hon'ble Supreme Court was "whether or not sec.66A of the IT Act is violative of Article 19(2) of the Constitution of India". The Hon'ble Court decided said question of law on that point only keeping silence about other offences related to which did not come under the purview of his dealings. But the fact remains if any other offense or offenses are coupled with Sec.66A IT Act or arising out therefrom are legally maintainable when the basis itself stands nugatory and invalid.

T. Kalaiselvan, Advocate (Expert) 03 April 2015
Wait for the outcome of the petition already filed in this regard.

Ms.Usha Kapoor (Expert) 23 June 2018
I agree with experts.

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