Section 66A Of Information Technology Act Was Declared Unconstitutional, But Offences Are Being Registered Invoking It: Bombay HC Pulls Up Maharashtra Police
|The Bombay High Court, while quashing an FIR registered for the offences under the Information Technology Act, 2000 observed that despite Section 66-A of the I.T. Act being declared unconstitutional, cases continue to be registered under it, reflecting a disregard for Supreme Court rulings and overreach by the police.
The Court was hearing a Criminal Application seeking quashing of FIR initially registered for the offence punishable under Section 500 of the IPC and Section 66-A and 66-B of the Information Technology Act, 2000.
The bench of Justice Vibha Kankanwadi and Justice SG Chapalgaonkar observed, “…in spite of declaration of Section 66-A of the I.T. Act being unconstitutional still the offences are being registered. This is the indication of high handedness of the police machinery in utter disregard to the law laid down by Hon’ble Supreme Court.”
Advocate BS Dhawale appeared for the Appellant and APP AR Kale appeared for the Respondent.
The Court mentioned its order where it had taken note of the fact that offence under Section 66-A of the I.T. Act was registered even when that section was held unconstitutional by the Supreme Court in Shreya Singhal vs. Union of India. It was also observed in that order that Section 66-B of the I.T. Act did not apply to the facts of the case as it provides punishment for dishonestly receiving stolen computer resources or communication devices.
The Court observed, “It is beyond imagination that before the arrest the Investigating Officer will not apply his mind, as to which are the sections those are invoked, what is the punishment, that is, prescribed and whether he can make a legal arrest in such situations ? The realization of the wrong section, after the arrest of a person, would be a suicide attempt by an Investigating Officer, because he is bound to follow the law before and at the time of effecting arrest.”
After considering the contents of the alleged message on WhatsApp the Court said that it cannot be said to be an offence under Section 67-A of the I.T. Act has been made out, which criminalises publication, transmission, causing to publish or transmit in electronic form of any material that contains sexually explicit act or conduct.
The Court noted that the First Information Report does not say that, that message was put on some group or to various persons individually.
Accordingly, the Court allowed the Criminal Application.