Urgent sir...Bail Status after Information Technology Act amended on 5th Feb 2009?

Reading the Amendment,in my view   Amendment Act shows that the Amendment act is not retrospective, rather it is prospective. As such your friend can not avail the benefit of the new Amendment Act. Lets see what other members will say on this. But certainly you have raised a very important issues.

dear mr. sathishkumar !

in this case, rule of beneficial construction is to be applied. though Art. 20(1) of the constitution is not directly applicable, but you may find some cases on this provision to support the argument that accused should not be denied the benefit of reduced punishment. pls chek AIR 1983 SC150 (3 JJ.) and AIR 1966 SC1206(5JJ.) in your favour. but see AIR 2004 SC2608 Dayal singh v. State of Rajsthan that may be against you.

Mr.Sathiskumar,

I am a retired Judge from Bhopal. I had read the Information Technology Amendment Act 2008 detailedly. The amendments are RETROSPECTIVE. (Indian Media reported widely that IT act 2000 was amended just to benefit Ebay chief Avnish Bajaj, who was arrested in 2004 under section 67 of IT act 2000. Now with amended act he could come out of the case)

As far as the bail amount is concerned, a petition should be filed in High court citing the amended Act. I strongly feel that the bail amount will be refunded.