I am writing this from kerala for my friend, he had a cyber crime case regarding a face book chat. police charged the case Under IT ACT 66(a) and as a evidence they didnt find the "modem" which is used while that crime. so police filed IT 66a and also charged some section for evidence lose recently supreme court cancelled the 66(a section so we are wondering and expecting will that case will be disposed can u advice me on that
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1. There is no existance of Sec.66(a) of I.T. Act now,
2. When the said section under which your friend was booked no more exists, the case does not exist anymore,
3. There are so many infamous cases under the said Section all over india all of which will no more exist now,
4. Rejoice.
On the basis of the recent decision of the supreme court , you can apply for quashing of the case from high court.
Hello,
1) Your friend can move a petition on the court to discharge the case on the basis of SC sticking down section 66A of IT Act.
2) However if there are other charges under which your friend is being tried the trial can continue. Of the charge under section 66a was the main one the whole case may be dropped.
Section 66A of the Information Technology Act, 2000 makes it a criminal offence to send any online communication that is "grossly offensive" or "menacing", or false information sent for the purposes of causing "annoyance, inconvenience, insult, injury, obstruction, enmity, hatred, ill will", etc. Recently Supreme Court redefined the boundaries of freedom of speech on the internet. With the Court's decision in Shreya Singhal & Ors. v. Union of India, Section 66A, has been struck down in entirety and is no longer good law.
So in the light of the above judgment your friends has to
1. File a discharge petition OR
2. Apply for quashing of the case
He can escape from further litigation
Since the section has been struck down as unconstitutional ask your friend lawyer to file a quashing case in the high court
Dear Querist
Immediately file an application before trial court for discharge and due to abolish the section by supreme court the court is bound to follow the supreme court order.
the court will discharge the accused.
also I am wondering is there any possibilities to change the section from 66(a), Once the FIR is registered is there any possibilities to change to similar section
Once a judgement is pronounced ,then it is applicable up to over rule the same.
1. You have not yet informed as to actually what you have done to understand the gravity of the situation and possibility of adding any further section by the police,
2. However, if police add any further section in your case, contest it fittingly,
3. It will easier for your Advocate to claim that the Police is acting revengefully to quash the FIR.
1. Section 66 (a) no longer exists as it has been struck down by the Supreme Court. You cannot be prosecuted any further.
2. If, however, some other charges have been made out against you then your prosecution will continue thereunder.
The sections cannot be changed by you. It is for the police and the court, as the case may be, to decide whether to drop or add a section.