New Delhi, March 24 (IANS) The Supreme Court, which on Tuesday struck down Section 66 A of the Information Technology Act, said expressions such as "grossly offensive" or "menacing" in it were vague and nebulous in meaning, and there were no manageable standards by which a person can be held to have committed an offence.
"Quite apart from this, as has been pointed out above, every expression used is nebulous in meaning. What may be offensive to one may not be offensive to another. What may cause annoyance or inconvenience to one may not cause annoyance or inconvenience to another," said a bench of Justice J. Chelameswar and Justice Rohinton Fali Nariman in their judgment.
The court said that use of word "persistently" for repeated sending of message is "completely imprecise", and wondered what would constitute "persistently" - sending a message three times or eight times before it could be described as persistent.
"There is no demarcating line conveyed by any of these expressions - and that is what renders the section unconstitutionally vague," the verdict said.
Not accepting the government's contention that expressions used in the section could be incapable of any precise definition but not constitutionally vulnerable due to this, the court noted the two opposing conclusions that could be reached in dealing with vague and nebulous expressions, citing two British judgments where on the same facts, judges arrived at opposite decisions.
"If judicially trained minds can come to diametrically opposite conclusions on the same set of facts, it is obvious that expressions such as 'grossly offensive' or 'menacing' are so vague that there is no manageable standard by which a person can be said to have committed an offence or not to have committed an offence," it held, terming the expressions used in Section 66A "completely open-ended and undefined".
None of the expressions used in Section 66A - not even "criminal intimidation" with the act's definition clause - not saying that the words and expressions defined in the Indian Penal Code will apply here.
Thus, "authorities who are to enforce Section 66A have absolutely no manageable standard by which to book a person for an offence under Section 66A".
"This being the case, having regard also to the two English precedents, it is clear that Section 66A is unconstitutionally vague," the verdict said.
Weather Update: Fog wreaks havoc in North India... chill continues, icy winds increase shivering in UP
The fog that has been wreaking havoc across North India for the past several days subsided a bit on Wednesday morning, but no significant reduction in the cold was felt. The minimum temperature in
Congress will share the pain of Lakhimpur farmers, Chhattisgarh and Punjab government announced more help than UP
The Congress governments of Punjab and Chhattisgarh have also announced financial assistance for the families of farmers who were crushed to death by a Union minister's car in Lakhimpur Kheri, Uttar
Tirupati Laddu: Animal fat found in Tirupati Laddu, now voices of protest have started rising, BJP called it an insult to Hindus
TDP accused the use of animal fat in the world-famous Tirupati Laddu and claimed that it has been confirmed in the lab. Now after this claim of TDP, voices of protest have started rising from all over
Uttar Pradesh got 96 proposals worth 66000 crores during the Corona period, land was given to 18 investors
Even in the Corona period, the confidence of investors in Uttar Pradesh remains intact. Even during this calamity, UP has received 96 investment proposals worth Rs 66000 crore. Of these, the process
Natasa Stankovic: 'Love does not boast, never insults', Natasa took a dig at Hardik by sharing a note.
Actress Natasa Stankovic has recently shared a cryptic note. A few days ago, viral reports said that the real reason behind her divorce from Team India cricketer Hardik Pandya was that he was too
Maha Kumbh stampede: There will be a judicial inquiry into the accident, a three-member committee will investigate and submit a report, and compensation of Rs 25 lakh will be given
The Chief Minister ordered a judicial inquiry into the accident and constituted a three-member judicial inquiry commission. The chairman of this commission will be former judge Harsh Kumar, while
PM Modi said, " The New Education Policy is important for the overall development of students. Will soon start new initiatives in the field of education
Prime Minister Narendra Modi said that many positive changes have occurred in education in the last five years. The new National Education Policy (NEP) is making a significant contribution to the
INDIA: Will the word 'INDIA' be removed from the Constitution? BJP MP said - the word India is an abuse given by the British
Once again a demand has been raised in the country to remove the word India from the Indian Constitution. BJP MP Harnath Singh Yadav has opposed the word India written in the Indian Constitution.
India handed over 75 buses to Sri Lanka, and public transport infrastructure will be strengthened; has helped before
India has given 75 passenger buses to cash-strapped Sri Lanka to strengthen public transport infrastructure. India has given this assistance to Sri Lanka under its 'Neighbourhood First' policy to
Weather Update: Relief from humid heat, heavy rain in Delhi-NCR; Know when the monsoon will arrive
Monsoon has knocked in many states of the country. People were in bad condition due to the scorching heat. According to IMD, during the next 24 hours, moderate to heavy rain is possible in parts of
