Section 66A vague, nebulous, observes Supreme Court


Posted on 25th Mar 2015 12:32 pm by mohit kumar

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.

Did you know?Explore Trending and Topic pages for more stories like this.
0 Like 0 Dislike
Previous news Next news
Other news

Vikram Batra: 'Sher Shah' was the lion of Kargil, even the enemies trembled on hearing his name; Himachal's son became the hero of the whole country

Kargil Vijay Diwas (Kargil Vijay Diwas 2024) is a very important day for all the countrymen of in

Defamation Case: Rahul Gandhi recorded his statement in Sultanpur court in a defamation case, next hearing on August 12

Congress MP and Leader of Opposition in Lok Sabha Rahul Gandhi recorded his statement in the defa

Antilia Bomb Case: NIA Claims Former Police Officer Pradeep Sharma Is The Main Conspirator In The Murder Of Businessman Mansukh Hiren

Antilia Bomb Case: The National Investigation Agency (NIA) on Wednesday claimed in the High Court

Putin's threat to the US: Said- We have the world's most dangerous nuclear weapons, yet will not use first

Moscow. Russian President Vladimir Putin has openly threatened America without naming it. Putin s

Understand how the sign of Z like Swastika became a sign of Russian invasion.

Russia's attack on Ukraine continues. Russia has been trying to control Ukraine for the past 12 d

List of World Cup winners

Melbourne, March 29 (IANS) The following is the list of the cricket World Cup winners since the

Tamil Nadu: Uproar over 47 deaths due to poisonous liquor in Tamil Nadu, uproar inside and outside the assembly; heavy police force also deployed

The deaths due to the consumption of illegal country liquor in the Kallakurichi district of Tamil

Country to get 75 new Vande Bharat trains soon, trial run before August 15; Learn Features

In an attempt to reach Prime Minister Narendra Modi's target of running 75 'Vande Bharat' trains

Chandrayaan 3: America agreed, and had asked for the technology of Chandrayaan-3 from ISRO, ISRO chief said – now times have changed

America's team of rocket scientists had requested India to share the technology and equipment of

Pakistani generals insist on early elections to appoint new army chief

Many rumors are going on about who will be the next Army Chief. There is already a tense atmosphe

Sign up to write
Sign up now if you have flare of writing..
Login   |   Register
Follow Us
Indyaspeak @ Facebook Indyaspeak @ Twitter Indyaspeak @ Pinterest RSS



Play Free Quiz and Win Cash