Delhi Police issued order not to arrest people under IT act without prior permission

17 Jul

By strict directions from Supreme Court, Delhi Police have issued an order for their officers not to make any arrest under the Information Technology Act 66A without prior permission from Deputy Commissioner of Police rank.

 

 

Delhi Police have issued this order following Supreme Court decision on Shreya Shinghal case. In her case, Shreya Singhal challenging the constituency validity of the provision of the IT Act alleging of being misused and as violation of Article 21 of constitution of India (right to life and personal liberty).

Shreya Shinghal had filed this petition in Supreme Court about two girls were arrested in thane, Maharashtra during Mumbai bandh organized by Shiv Sena.
What is 66A?

 Section 66A of the IT Act states – Punishment for sending offensive messages through communication service, etc
Any person who sends, by means of a computer resource or a communication device,—

(a) Any information that is grossly offensive or has menacing character; or

(b) Any information, which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,

(c) Any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages,

Shall be punishable with imprisonment for a term which may extend to three years and with fine.

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