AIR 2015 SUPREME COURT 1523 ::2015 AIR SCW 1989 ::AIR 2015 SC (Criminal) 834

Supreme Court Of India

Hon'ble Judge(s): J. Chelameswar, R. F. Nariman , JJ

(A) Information Technology Act (21 of 2000) , S.66A— Sending offensive messages online - Punishment for - Freedom of speech and expression - Provisions of S. 66A are in its entirety violative of Art. 19 (1) (a) of Constitution - Not saved under Art. 19 (2) of Constitution. Constitution of India , Art.19— Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2).(Para 119(a)) Section 66A is intended to punish any person who uses the internet to disseminate any information that falls within the sub-clauses of Section 66A. It will be immediately noticed that the recipient of the written word that is sent by the person who is accused of the offence is not of any importance so far as this Section is concerned. (Save and except where under sub-clause (c) the addressee or recipient is deceived or misled about the origin of a particular message.) It is clear, therefore, that the information that is disseminated may be to one individual or several individuals. The Section makes no distinction between mass dissemination and dissemination to one person. If the Section does not require that such message should have a clear tendency to disrupt public order. Such message need not have any potential which could disturb the community a....