Dear learned Advocate friends,
I am a third year law student at Patna. I am aspiring to become a good cyber crime lawyer.
Tomorrow I have to make a seminar presentation regarding the Information Technology Act. If possible can you give the following answers?
1. From When Information Technology Amendment Act 2008, is functional in India.
2. If new cyber crime cases are booked, should it be booked under IT act 2000 or IT amendment act 2008?
3. Is IT amendment act 2008, retrospective. ( Suppose a cyber crime case is booked in 2003 under section 67 of IT act 2000, now say for example if it is coming to High court for Bail cancellation for the accused, Should the High court take into consideration of the IT amendment act 2008, which reduced the punishment for section 67 to three years maximum (from five years) and made offences punishable with 3 years punishment as bailable?)
Can you please help me with this. Thanks in advance.
some relevant cases in internet.
"Sayyed has been booked under Section 66 E (C) of Information Technology (Amendment) Act, 2000.
"Now, it is learnt that the government is reducing penalties further and making it a bailable offence. Currently, the punishments range from 3-10 years and are non-bailable. That could be inviting trouble."
"Delhi Police arrested Avinash and released him on bail as the offence is bailable. "
"Bajaj said in his petition that since section 67 of the Act does not define the term obscenity" -----so is there a chance for a judgement that section 67 be scrapped altogether since obscenity is not defined