In the digital era, where online expression thrives on social media and messaging platforms, laws regulating internet speech become critically important. One such law in India, Section 66A of the Information Technology (IT) Act, 2000, made headlines not just for its controversial usage, but also for being struck down by the Supreme Court of India in 2015. Yet, years later, it still sparks debate—and worry—about censorship, digital rights, and misuse of outdated laws.
So, what exactly was Section 66A? Why did the judiciary strike it down? And why is it still showing up in cases even today? Let’s explore this in-depth.
What Was Section 66A of the IT Act?
Section 66A was introduced through an amendment to the IT Act in 2008, aiming to address the rise of cybercrime, particularly misuse of online communication.
Here’s the original text of Section 66A of the IT Act:
“Any person who sends, by means of a computer resource or a communication device –
(a) any information that is grossly offensive or has menacing character;
(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead…
shall be punishable with imprisonment for a term which may extend to three years and with fine.”
Key Elements of Section 66A of the IT Act
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It criminalized sending “offensive” or “menacing” messages via digital platforms.
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It targeted content that could cause annoyance or inconvenience—even if it was true.
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It carried a punishment of up to 3 years in prison and a fine.
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It lacked specific definitions, leading to wide interpretations.
While this might sound like a genuine attempt to curb online harassment or threats, the vague and sweeping language used in the section gave rise to significant concerns.
Why Was Section 66A of the IT Act Considered Problematic?
Several aspects of Section 66A made it controversial, especially among free speech activists, lawyers, journalists, and digital rights groups.
1. Vagueness and Subjectivity
Words like “offensive,” “annoyance,” or “inconvenience” are highly subjective. What may offend one person might be harmless to another. This left too much room for arbitrary interpretation.
2. Chilling Effect on Free Speech
People began self-censoring online for fear of being arrested. The section became a tool to silence criticism of government policies, satire, and dissenting opinions.
3. Misuse by Authorities
Police used Section 66A of the IT Act to arrest individuals for innocuous posts, including cartoons, memes, and status updates critical of politicians or public figures.
Famous Cases Involving Section 66A
Several arrests under Section 66A shocked the nation and fueled public outrage:
1. Shaheen Dhada Case (2012)
After the death of Shiv Sena leader Bal Thackeray, Shaheen Dhada, a young woman from Mumbai, posted on Facebook criticizing the citywide shutdown. Her friend liked the post. Both were arrested under Section 66A.
This case ignited a national debate on free speech vs. political sensitivity.
2. Cartoonist Aseem Trivedi
Aseem Trivedi was charged under Section 66A for posting political cartoons that criticized corruption in the Indian government.
3. Ambikesh Mahapatra (Jadavpur University Professor)
He was arrested for emailing a cartoon mocking West Bengal Chief Minister Mamata Banerjee.
These cases demonstrated that Section 66A was being used not against real threats, but to silence dissent.
The Landmark Judgment: Shreya Singhal v. Union of India (2015)
In 2012, law student Shreya Singhal filed a Public Interest Litigation (PIL) challenging the constitutionality of Section 66A.
The case, titled “Shreya Singhal vs. Union of India”, eventually reached the Supreme Court, and after hearing arguments from multiple stakeholders, the Court delivered its historic verdict on March 24, 2015.
Supreme Court Verdict:
“Section 66A of the IT Act is unconstitutional as it violates Article 19(1)(a) of the Constitution — the right to freedom of speech and expression.”
Key Observations:
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The Court ruled that the section was vague, overbroad, and violated fundamental rights.
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It failed the test of “reasonable restrictions” under Article 19(2).
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It noted that mere annoyance or inconvenience cannot be grounds for restricting speech.
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The judgment upheld the importance of free digital expression in a democratic society.
As a result, Section 66A of the IT Act was struck down in its entirety.
🇮🇳 Why Is the Judgment Considered a Milestone?
The Shreya Singhal judgment is one of India’s most important rulings in the domain of cyber law and digital freedom.
It strengthened Article 19(1)(a) – Freedom of Speech
It re-affirmed that online expression is as protected as offline speech.
It reduced misuse of cyber laws
The judgment set an example against using vague laws to punish critics or suppress opinion.
It improved legal clarity
By removing a poorly worded section, the Court cleared space for more targeted and specific legal provisions.
Why Is Section 66A of the IT Act Still Being Used?
In 2021, a report by Internet Freedom Foundation (IFF) revealed that despite being scrapped in 2015, Section 66A continued to be invoked in new FIRs, chargesheets, and even judgments.
Possible Reasons:
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Lack of awareness among police and magistrates
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Old software or case templates in law enforcement databases
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Deliberate misuse in areas with poor legal literacy
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Delay in policy updates at the local police level
Supreme Court’s Response:
In July 2021, the Court expressed shock and concern and directed all High Courts and authorities to stop invoking the dead law.
Yet, as of 2025, isolated cases still surface, raising concerns about legal accountability.
Are There Alternatives to Section 66A Now?
Yes. India has multiple other legal provisions that deal with cybercrimes and online abuse without infringing free speech:
Indian Penal Code (IPC)
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Section 295A – Deliberate insult of religion
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Section 500 – Defamation
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Section 507 – Criminal intimidation by anonymous communication
IT Act, 2000
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Section 66C – Identity theft
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Section 66D – Cheating by impersonation
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Section 67 – Publishing obscene material
These sections are more specific and legally sound, ensuring targeted action without risking free expression.
Lessons from Section 66A of the IT Act: What Citizens Should Know
Know Your Rights
No one can arrest or charge you under Section 66A of the IT Act today. It’s null and void.
Question Illegal FIRs
If someone files a complaint under Section 66A, you can challenge it in court and seek quashing of the FIR.
Report Misuse
You can report misuse to higher authorities or digital rights groups like Internet Freedom Foundation.
Stay Updated
Laws evolve. Keep up with the latest amendments and judicial rulings affecting online behavior.
Final Thoughts
The story of Section 66A is not just about one bad law—it’s about how laws must evolve with society, how judiciaries play a vital role in protecting freedoms, and how vigilant citizens must be in a democracy.
India’s decision to strike down Section 66A was a bold and necessary move that reaffirmed our digital freedom. However, the continued misuse of a law that no longer exists also reminds us of the gaps between legal progress and ground reality.
So next time someone says you’ll be punished under Section 66A of the IT Act—politely remind them:
“That law is dead. And so is your argument.”
FAQs – Section 66A of the IT Act
Q1. Is Section 66A of the IT Act still valid?
No. It was struck down by the Supreme Court in 2015.
Q2. Can police still arrest me under Section 66A of the IT Act?
No. If they do, it is illegal and you can challenge it in court.
Q3. What should I do if someone files a 66A of the IT Act case against me?
Approach a lawyer immediately. Courts will quash the case as the law no longer exists.
Q4. What laws exist now to handle cyber abuse?
Sections under IPC and IT Act like 66C, 66D, and 67 deal with specific cybercrimes.
Q5. What was the punishment under Section 66Aof the IT Act?
Up to 3 years in jail and a fine.
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