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sachin (GM)     12 June 2018

Can 66 a of it act be applicable to case of 2010

An employee of Broker did a fraud by unauthorisedly selling the shares of my account and he sent fraudulent / False / Fabricated e mails to deceive and mislead me in 2010. After the quashing of 66A of IT Act by Supreme court in 2015, the sending of email or other material by email etc is no more an offence as it is a Fundamental right to freedom of Expression. However, It may be clarified that whether 66A will be applicable in my case or not? The police has got the evidence of Fraud by Tracking the IP Address of Broker which shows the sender of email from the broker’s office itself. Can this freedom of Expression allow the Fraudsters to send fraud information on email? What is the remedy?



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 2 Replies

Isaac Gabriel (Advocate)     28 September 2018

It has been struck down. 

Arunodoy D (Consultant Adviser Cyber Security)     24 December 2018

Originally posted by : sachin
An employee of Broker did a fraud by unauthorisedly selling the shares of my account and he sent fraudulent / False / Fabricated e mails to deceive and mislead me in 2010. After the quashing of 66A of IT Act by Supreme court in 2015, the sending of email or other material by email etc is no more an offence as it is a Fundamental right to freedom of Expression. However, It may be clarified that whether 66A will be applicable in my case or not? The police has got the evidence of Fraud by Tracking the IP Address of Broker which shows the sender of email from the broker’s office itself. Can this freedom of Expression allow the Fraudsters to send fraud information on email? What is the remedy?

This case doesn't fall under 66A of IT Act.

This case attracts 66C as you said he is selling ... without your permission

File a proper FIR.


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