The Supreme Court on October 12, 2022, while issuing guidelines on proper implementation of the Shreya Singhal Judgment, held that no person should be prosecuted under Section 66A of the Information Technology Act.

Section 66A of the Information Technology Act was declared unconstitutional in the Shreya Singhal Case back in 2015 by the court.

The Supreme Court bench, comprising of Chief Justice of India UU Lalit, Justices S Ravindra Bhat and Justice Ajay Rastogi, while hearing the petition filed by the Peoples Union for Civil Liberties (PUCL), highlighted the issue of misuse of Section 66A despite it being struck down by the Hon’ble Court. The court emphasized in its recommendations that it is the duty of the Director Generals of Police and Home Secretaries of every state to ensure that Section 66A is removed from all pending cases and is removed from all bare Acts to alert readers to the section's defunct status.

Advocate Zoheb Hussain, representing the Union of India, relied on the All India Status Report, showcasing the number of complaints under Section 66A and how citizens are still being prosecuted under the provision. Noting the gravity of the situation, the bench issued the guidelines applicable for the proper implementation of the provision.

The direction of the bench includes:-

1.    “It needs no reiteration that Section 66A is found to be in violation of the Constitution and as such no citizen can be prosecuted for violation of alleged offences under Section 66A of the IT Act, 2000.

2.      In all cases where citizens are facing prosecution for violations of Section 66A, the reference and reliance upon 66A from all crimes shall stand deleted.

3.     We direct all Director Generals of police, Home Secretaries and competent officers in States and Union Territories to direct the entire police force not to register any complaint with respect to violation of Section 66A. This direction shall apply only with reference to Section 66A. If the crime has other facets, where other offences are also alleged, those shall not be deleted.

4.      Whenever any publication, whether government, semi-government or private, about IT Act is published and Section 66A is quoted, readers must be adequately informed that the provisions of 66A have been pronounced upon by this court as to be violative of the Constitution."

With the issuance of these directions, the petition filed by the Peoples Union for Civil Liberties was disposed of by the Court

Case Title: Peoples Union for Civil Liberties versus Union Of India

Citation: MA 901/2021 In W.P.(Crl.) No. 199/2013