WHETHER OFFENCE UNDER SECTION 66A OF IT ACT 2008 IS COGNIZABLE

Querist : Anonymous (Querist) 15 January 2011 This query is : Resolved
Sir/Madam,

The punishment for the offence under section 66A of IT act 2008 is up to three years.

Section 77B of the IT Act 2008 says that for any offence whose punishment is 03 years and more is cognizable irrespective of the provisions of the Criminal procedure Code, however bailable.

Please clarify if FIR can be lodged for any alleged offence under section 66A of the IT Act, if the accused offender is known in person, as question / doubt arises due to the length of the punishment being upto 03 years as stated in 66A, whereas offence becomes cognizable only if the punishment is 03 years or more, as per section 77B of the IT Act 2008?

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 15 January 2011
FIR in the given matter can be lodged though the punishment is 3 years and it is cognizable. There are numerous citations in support of this legal provision.