Sec 66A of IT Act is a draconian Act. It reads as under:

66A.Punishment for sending offensive messages through communication service, etc.: 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; or
……..

Please halt here and mark that clause (a) does not use word “Knowingly“. So even if you accidentally retweet an offensive tweet, you can be liable under Sec. 66A(a)

This is draconian law.

I am hopeful that when this section is challenged in Supreme Court it will be struck down or will be read down.

Haresh Raichura
29/11/12

Law is already there. But few lawyers advise their clients for suit for damages also in addition to criminal cases.

This law is called Law of Torts. Last Supreme Court Judgement is given by Justice Katju in 2008.

As per law, anyone who commits any wrong to you is liable for damages in civil court in a suit for damages.

Rapist and other criminals are also liable in law of tort.

This law is well used in Western Countries. But unfortunately in India, few cases are seen under this law.

Elsewhere in this blog I have written in detail on this Justice Katju Judgement of 2008 where new boundaries are drawn on Law of Tort.

I wish more people come forward to file suits for damages for wrongs they suffer.

Suit takes time. But people have to learn to fight for justice.

Time Limit for filing civil suit is usually One Year from date of wrong complained of.

Haresh Raichura
8/11/2012