I am a law student..... Urgent doubt regarding IT act 2000


Well guys m doing a moot where the section 66 of the IT act in dispute... well actually the whole story is as some people kw that 2008 amendment was just done but not notified..

but now the truth is that Mr. Mali is right, it is very well true the amendment are in action and everything is done now by the 2008 amendment and not 2000...

 

n also Mr. Prajin who do u think u r?? we all are either an authority, a law student or a lawyer... u have no authority to jst comment what ever the hell u think u may or maynot think is right.. u run ur business then its good for u.. dont u dare try and redicule sm1 with a half wit brain of urs .. learn the law n then fcking comment on it...

 

and guys do check out the site

http://www.mit.gov.in/default.aspx?id=321

this is the exact link that u will find handy...

 

cheers all..

 
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Hello Abhimanyu & Prashant Mali

As Per Your Profile & information I found that you guys are good but please read again the refernces Given by you http://www.mit.gov.in/default.aspx?id=321 

Page 3 H (w)  inmediatery  

Which clearly mentions that Cybercafe & ISP are equvailent

I am not so good in law english but i think they are same please both read again & clear Us out.

 

cheers

 
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Director

Dear Anjali,

I'm sorry to give a late reply since I became a member recently,nonetheless the wrong information given here has forced me to post answer to your querry.

  1. IT Amendment Act 2008 not yet functional,as it is not yet notified.
  2. In view of answer 1 above,new cyber crime cases will have to be registered under the 2000 Act.
  3. Now the answer to the riddle of whether the Amended Act has come into force.It appears that people here have not read conjointly Section ( 1 ) (2) of 2008 Act which says that the Amended Act shall come into force on such date which the Central Govt. may by Notification in the Official Gazette appoint.Now this Section has to be read with Section 5(1) of The General Clauses Act,1897.Since the 2008 Act itself talks about a specific/appointed date,therefore the Act shall not come into force from the date when Presidential assent is received. Last but not the least,the 5.2.2009 notification says" That the following Act of Parliament received the assent of the President on the 5th February,2009, and is hereby published for general information".The said notification nowhere mentions the "appointed day".Furthermore,there is more 'non-sequitor', in as much as no notification or Government website can override a statutory provision,which in present case happens to be Section (1) (2) of the IT Amendment Act 2008.
 
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ohho.. itni confusion.. yeah the said thing is not yet notified but in force.. aree bare act change ho gyi hain... n Mr. mishra notification s hv come out.. i hf d copy of d notification gazi pdf file... will try to upload it whn i get d tym..

 
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Director

Hi Abhimanyu,

How can any act despite not being notified be in force.This is against all cannons of jurisprudence. Change of bare act in a book or police following the wrong law will not change the position that 2000 Act is holding the field .If anyone takes action under 2008 Act it can be set aside in the constitutional courts.Show me the appointed date in the Gazette Notification and I'll stand corrected.Think like a Constitutional lawyer and look for hard facts!

 
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Here in Andhra Pradesh, a local I class magistrate court has booked a private complaint under IT act ammended 2008 U/sec 65,66 & 67 on Dec 2010 and ordered the police to register FIR and investigate U/sec 156(3).

          So let me know whether this ammendment of 2008 came into enforcement for the IT Act. If yes, from when????

 
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