NM (j) 23 May 2017

66(a) informaion technology act

I am facing Section 66A of Information Technology Act since 2014 of which chargsheet has already been filed. In March 2015, the Hon'ble Supreme Court declared it as UNCONSTITUTIONAL and STRUCK DOWN the section in its entirety. After that I typed a simple application in the court to dismiss the case on the guidelines on SC, but the lower court is doing nothing since then. They say go to High Court U/s 482 to Quash it, as they don’t have the power to dismiss the case. What should I do now, as I don’t want to move HC and spend money unnecessarily?

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5 Replies

Elizabeth 24 May 2017

Data Technology?

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NM (j) 25 May 2017

This wasn't my query....

Shashank Gaur 10 June 2017

The Hon'ble Supreme Court has struck down the Section 66a of the IT act which is in prospective in nature. Any proceedings after the judgment will not be maintainable. However it won't affect the pending proceedings. It is requested to pursue the same in the most effective manner.

NM (j) 10 June 2017

May be, but I have seen a number of cases which are Quashed and Discharged as per the Apex court ruling.

Soumya 20 June 2017

In all likelihood the lower court is correct, and therefore you must move proceedings under S.482 CrPC before the relevant High Court. The proceedings will probably be quashed on the strength of the judgment in Shreya Singhal v. Union of India which struck down S.66A.