oppn parties Section 66A Of The IT Act Still Lives In India's Thanas

Story Of The Day

A 2,458-Point Rally Is Not Yet A Recovery

November 07, 2026

People Are Talking About

People Are Talking About Junk Food Near Schools

News Snippets

  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
Stock markets on fire due to US results, Sensex gains 2008 points to reach its highest level in 8 months
oppn parties
Section 66A Of The IT Act Still Lives In India's Thanas

By Sunil Garodia
First publised on 2021-07-05 10:44:33

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

When senior advocate Sanjay Parikh, appearing for petitioner People's Union for Civil Liberties (PUCL) brought to the notice of the Supreme Court that cases were still being filed under Section 66A of the IT Act which was scrapped by the apex court as far back as 2015, the court was shocked.

The bench of Justices R K Nariman, K M Joseph and B R Gavai said that "it is shocking, distressing and amazing that police across the country are still registering cases under Section 66A of the Information Technology Act". It was brought to the court's notice that when the section was scrapped, there were only 687 cases filed under it. These had jumped to 1307 cases now.

Attorney-General K K Venugopal said that since the section was still on the books with a small footnote that it has been scrapped by the Supreme Court, it is possible that the police did not look at the footnote. But this is no excuse. Once a section is scrapped, if a case is lodged under it and summons is issued, the defence lawyer will point out the mistake. Some of these cases will reach the courts. The judges will throw them out. Then how do so many cases are being lodged and still exist in the system?

The section was widely misused by the police at the bidding of their political masters to arrest persons who posted critical comments or posts (even forwarded cartoons) on social media. The section was so ambiguous; it became a potent tool in the hands of the administration to harass unsuspecting individuals.  It seems that it is still being used for the same reason. The Supreme Court has issued a notice to the Centre and has assured that "we will do something."

First of all, the court must direct the government that all acts published after changes in law due to court orders must not contain the scrapped section but instead just the section number and the sentence that "this section has been scrapped by the Supreme Court" in bold and not as a footnote. It is understandable if cases are inadvertently lodged under scrapped sections for a couple of months, but 6 years is a long time. This has to stop. 

Other Stories You Make Like

Editorials

A Bench in Chennai Is Not the Answer to a Bench in Every Capital

A Bench in Chennai Is Not the Answer to a Bench in Every Capital

 Gold At Astana Must Become a System, Not a Story

Gold At Astana Must Become a System, Not a Story

In Depth

Grounds Of Arrest: The Supreme Court's Rule Must Be Followed By The Police On The Ground

Grounds Of Arrest: The Supreme Court's Rule Must Be Followed By The Police On The Ground

Editor's Pick

For the Goonj to Reverberate, Rahul Gandhi Must Take Regional Parties Along

For the Goonj to Reverberate, Rahul Gandhi Must Take Regional Parties Along
© 2014 India Commentary. All rights reserved.