Which section of the IT Act was invalidated by the Supreme Court of India?

Asked by: Neoma Mills  |  Last update: March 17, 2026
Score: 5/5 (29 votes)

The Supreme Court of India invalidated Section 66A of the Information Technology (IT) Act, 2000, in the landmark 2015 case of Shreya Singhal vs. Union of India, declaring it unconstitutionally vague and overbroad, thereby protecting free speech online by preventing arbitrary arrests for offensive online posts, say India Code, Sanskriti IAS https://www.sanskritiias.com/current-affairs/section-66a-of-it-act, PRSIndia, and The Hindu https://www.thehindu.com/news/national/supreme-court-strikes-down-section-66-a-of-the-it-act-finds-it-unconstitutional/article61470585.ece.

What section of the IT Act was invalidated by the Supreme Court of India?

A few minutes ago, the Supreme Court delivered a judgement striking down Section 66 A of the Information Technology Act, 2000. This was in response to a PIL that challenged the constitutionality of this provision.

On what grounds was Section 66A challenged?

The Petitioners argued that Section 66A was unconstitutionally vague and its intended protection against annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, or ill-will were beyond the scope of permissible restrictions under Article 19(2) of the Indian Constitution.

What is section 66 of the IT Act?

Computer related offences. -- If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both.

How did Section 66A affect the police?

It gave the police the power to arrest individuals based on their understanding of what “offensive” or “annoying” was, without a specific and clear set of guidelines.

Section 66A of IT Act 2000, unconstitutional: Supreme Court|| #informationtechnology #geoaffairs #gk

41 related questions found

Who challenged Section 66A in court?

On seeing this situation People's Union for Civil Liberties, a non-governmental organization moved the Supreme Court with the complaint that Section 66A was being invoked in some courts.

What is the effect of section 81 of the Indian Information Technology Act?

Section 81 strengthens the legal enforceability of the IT Act in the digital age. However, its carved-out exceptions ensure that specialised regimes like copyright, patent law, and data protection continue to operate with full force, even in the online space.

What is Section 67 of the IT Act case law?

From perusal of Section 67 of the I.T. Act, it is clear that it is punishable only when any person publishes or transmits or causes to be published or transmitted in the electronic form any material which tends to deprave and corrupt persons who Page 2 read, see or hear aforesaid material/message contained or embodied.

What is Section 35 of the Information Technology Act?

Certifying authority to issue 1[electronic signature] Certificate. --(1) Any person may make an application to the Certifying Authority for the issue of a 1[electronic signature] Certificate in such form as may be prescribed by the Central Government.

What is 66 and 67 of the IT Act?

66F. Punishment for cyber terrorism. 67. Punishment for publishing or transmitting obscene material in electronic form.

In which case section 66A of IT Act was held unconstitutional?

Shreya Singhal v/s Union of India:

The Supreme Court ruled that Section 66A was unconstitutional, as it infringed upon the right to free speech and was not a reasonable restriction under Article 19(2). The judgment was a pivotal moment in protecting digital freedom and curbing arbitrary censorship in India.

Which of the following was banned by the Supreme Court of India in 2014?

Jallikattu was banned in 2014 in Animal Welfare Board of India v A. Nagaraja, after the Supreme Court held that bull taming and bullock-cart racing caused unnecessary pain and suffering.

What is the penalty for violating the IT Act?

(A) For the first violation that does not result in injury, and where the value of the computer services used does not exceed four hundred dollars ($400), by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

Is section 377 removed in India?

In 2018, after decades of grassroots activism, the application of section 377 of the Indian Penal Code to private consensual sex between men was ruled unconstitutional by India's Supreme Court, effectively decriminalizing homosexual activity.

How did Section 66A affect free speech?

Section 66A provided for up to three years in jail for anyone who sent an electronic message that was considered "grossly offensive" or caused "annoyance or inconvenience". Justice Nariman said such terms were vague, and created a sweeping law that was open to abuse.

What is Section 37 of the Supreme Court Act 1986?

(1) The Court may by order, whether interlocutory or final, grant an injunction or appoint a receiver if it is just and convenient to do so. (2) An order made under subsection (1) may be made either unconditionally or on such terms and conditions as the Court thinks just.

What is section 34 and 35?

Section 34 empowers courts to make declarations regarding legal character or rights to property, while Section 35 defines the binding effect of such declarations.

What is Section 69a of the IT Act?

(1) Where the Central Government or any of its officers specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for ...

What is Section 35 of the Data Protection Act?

Section 35(2) explains that you must ensure that your processing of personal information for any law enforcement purposes is either: necessary for the performance of a task carried out for law enforcement purposes by a competent authority; or.

Is Section 67A of the IT Act compoundable?

The punishment for an offence under Section 67A of the IT Act includes imprisonment and a fine. However, the High Court can make the offence compoundable by exercising its inherent powers under Section 482 of the Code of Criminal Procedure, 1973 based on the facts and circumstances of the case.

What is Section 66 F of the IT Act?

It involves the use of computer resources and the internet by terrorist groups or individuals to launch attacks aimed at causing significant harm, disruption, or instilling terror to achieve political, ideological, or religious objectives.

What is Section 63 of the Information Technology Act?

63Compounding of contraventions

Explanation. -- For the purposes of this sub-section, any second or subsequent contravention committed after the expiry of a period of three years from the date on which the contravention was previously compounded shall be deemed to be a first contravention.

Which section of the Information Technology Act 2008 was invalidated by the Supreme Court of India?

A controversial legislative Section 66A of IT (Amendment) Act 2008 was declared as unconstitutional by SC. Interestingly, many complaints were made before regarding the widespread abuse and misuse of section 66A. But what finally prompted the apex court to announce its verdict on Section 66A.

What is the penalty for Section 43 of the IT Act?

Under Section 43 of Chapter IX of the Act, whoever without the permission of the person in-charge of the computer system accesses, downloads any data, introduces computer virus, causes denial of access will be liable to a penalty upto rupees one crore.

What is Section 79A of the Information Technology Act?

CHAPTER XIIA of the Information Technology Act, 2000 empowers the Central Government under section 79A to notify any Department, body or agency of the Central Government or a State Government as an Examiner of Electronic Evidence for the purposes of providing expert opinion on electronic form evidence before any court ...