No Citizen Can Be Prosecuted Under Scrapped Section 66A of IT Act: Supreme Court

New Delhi: The Supreme Court on Wednesday directed that no citizen should be prosecuted under section 66A of the Information Technology Act, 2000. The court was hearing a petition by the People’s Union for Civil Liberties (PUCL). The petitioners were seeking directions to stop the prosecutions under Section 66A of the Information Technology Act.

A division bench comprising Chief Justice of India UU Lalit and Justice Justice Ravindra Bhat issued the order. Section 66A gave the government power to arrest and imprison an individual for “offensive and menacing” online posts and the apex court had  scrapped it way back in 2015.

The court said that Section 66A is unconstitutional and hence no citizen should be prosecuted under this provision. The judges directed the state police chiefs and home secretaries of all states to ensure that reference to Section 66A is removed from all pending cases.

According to the Internet Freedom Foundation, the Supreme Court ruling will provide immediate relief to at least 1,000 persons who are facing proceedings under the provision.  

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