hidden image

Action under a Scrapped Section

Adv. Jijo Thomas Placheril Adv. Jijo Thomas Placheril
19 Jul 2021

There was a landmark judgment by a two-judge bench of the Supreme Court, comprising Justice J Chelameswar and Justice R. F. Nariman in 2015 on Information Technology Act 2000.

The apex court scrapped Section 66A of the Act that made posting offensive comments online a crime punishable by jail.

In 2012 two girls were arrested by Mumbai police under the Act for expressing their displeasure through a Facebook post on a bandh (hartal), which was called by Shiv Sena in Mumbai at the death of Bal Thackery.

A law student named Shreya Singhal from Delhi University, by the way of public interest, filed a writ petition under Article 32 of the Constitution, challenging the validity of the section and claiming the Act as violative of freedom of speech and expression of an individual.

Section 66 A is a penalizing Section and the punishment extends to three years of imprisonment with fine. The Section uses terms like grossly offensive, menacing character, known to be false, causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will, deceive and mislead. 

The Supreme Court observed certain points for scrapping Section 66 A of IT Act:

1. Liberty of thought and expression as cardinal rights and the section clearly affects the fundamental right to freedom of speech and expression enshrined in the Constitution. The public's right to know is directly affected by section 66 A of the Information Technology Act.  

2.  Every expression used is nebulous in meaning. What may be offensive to one may not be offensive to another. Therefore, the interpretation was held to be subjective in nature. Hence the court ordered 66 A as violative of right to freedom of speech and expression and is not covered under the grounds of reasonable restrictions given under Article 19(2). 

3. The Bench rejected the assurance given by the government during the hearing that certain procedures may be laid down to ensure that the law in question is not abused. The government had also said that it will not misuse the provision.

4. The Bench mentioned that governments come and go but section 66 A will remain forever and no government can give an undertaking about its successor that they will not abuse the same.

The court observed that the expressions used in 66 A are completely open-ended and undefined and it is not covered under Article 19(2) of Indian Constitution. Section 66 A actually had no proximate connection or link with causing disturbance to public order or with incitement to commit an offence and hence it was struck down by the court. The approach adopted by the court was to protect the fundamental right to freedom of speech and expression and in no way the legislation can take away this right by claiming the shield under Article-19(2) of the Constitution.

After scrapping Section 66 A, six years have been passed. But now to the shock of the Supreme Court, reports say that more than thousand cases have been filed in the country under section 66 A of the Act. Maharashtra 381, Jharkhand 291, Uttar Pradesh 245, Rajasthan 192 are some of the figures in States where cases are registered under this Section. It is intolerable infiltration of the administration into the fundamental rights of individuals, dishonoring the order of the court.

The apex court may apply the legal principle of ignorantia juris non excusat (ignorance of the law excuses not) to those administrative bodies of the states which have taken actions on individuals on a scrapped section.  The state governments have to give compensation to those on whom they have taken cognizance for a non-existing offence. That will be the only possible way to avail justice to them.  

Recent Posts

Bengal once welcomed missionaries who built schools, hospitals and presses, enriching the region's education, healthcare and reform. Today, priests are told to leave their parishes. The irony is devas
apicture CM Paul
17 Aug 2026
With Christians constituting barely 2.3 per cent of India's population, the charge of mass forced conversion defies logic. Yet anti-conversion laws pivot charity into "allurement," suspicion and crime
apicture Chhotebhai
17 Aug 2026
Dr RB Sreekala's work brings out something beautiful in Koodashappana: how a German Jesuit, Kerala's Malayalam tradition and Sanskrit learning came together to tell the story of Jesus in the language
apicture A. J. Philip
17 Aug 2026
Eighty years after Independence, the question is whether Indians remain free. With increasing threats to citizenship, dissent, faith and liberty, Swaraj demands a second struggle to defend freedom for
apicture Jacob Peenikaparambil
17 Aug 2026
The Old Testament is insistent on this point almost to the point of severity. When Moses approached the burning bush, he was told, "Do not come near; take your sandals off your feet, for the place on
apicture Dr K. M. George
17 Aug 2026
Nehru's Cabinet was surrounded by persons who did not share his ideology. They were retained mostly out of a sense of loyalty to old colleagues, persons who fought side by side for Independence.
apicture G Ramachandram
17 Aug 2026
You think I am a forbidden fruit, unworthy of your love. But I never think You are a forbidden fruit, Even though India forbids your Nagalim.
apicture Dr Suryaraju Mattimalla
17 Aug 2026
The truly confident leader does not need ridicule. He does not humiliate opponents or turn every speech into a performance about his own greatness. His strength is visible in restraint, fairness, humi
apicture Robert Clements
17 Aug 2026
Political independence was never Gandhi's final destination. He envisioned a Republic rooted in constitutional values, social justice and human dignity. Every Independence Day invites a single questio
apicture Joe Eruppakkatt
10 Aug 2026
The Arthashastra counsels engagement, accountability and informed leadership—not disappearance. A government that retreats from Parliament while students demand justice betrays not only democratic con
apicture A. J. Philip
10 Aug 2026