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shahzan (manager)     23 December 2012

Section comes later

Dear Team,

IT ACT AMENDMENT 2008 WAS NOTIFIED IN 27 OCTOBER 2009 WITH SECTION 66A..IF A PERSON WAS ARRESTED IN 10TH SEPTEMBER 2009 AND CHARGE SHEETED IN 10 NOVEMBER 2009.AND FRAMING OF CHARGES ARE STILL PENDING,..IN THIS CASE PUPLIC PROSECUTOR OR MAGISTRATE COULD FORCE TO FRAME IT 66A AT THE TIME ARGUMENT ..AT TIME OF ARREST SECTION 66A WAS NOT NOTIFIED.



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 4 Replies

Charandeep Singh (Advocate)     23 December 2012

Hi,


Section 66A of the IT Act is criminal in nature as it provides for Punishment in terms of Imprisonment. It is the basic principle of criminal law that there can be no punishment unless there is a law. If i am not wrong then that maxim is "Nullum poena sine lege".

However, you should get yourself assure about the date of notification. As i believe the notification date for the IT Act was somewhere in February 2009.

 

Hire a personal lawyer and as per his advise. On being paid a person can devote much more time in researching.


Thanks,

Adv. Charandeep Singh Samrao

shahzan (manager)     23 December 2012

yes searched its notified in 27 october 2009. and in feb 2009 it sent to persidant of india,

https://www.sharefraud.in/?p=22 

IT Amendment Act, 2008 notified w.e.f. 27/10/2009.

https://en.wikipedia.org/wiki/Information_Technology_Act_2000#Notification_Of_IT_Act_2008

Charandeep Singh (Advocate)     23 December 2012

Well I ve shared my opinion about the principle of law. You may cite this principle while arguing.

shahzan (manager)     23 December 2012

Thank you Sir


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