A VERY IMPORTANT QUESTION ANS IMMD

This is regarding Scrapping of Section 66A of the Information Tech Act-Supreme Court strikes down Section 66A of IT Act which allowed arrests for objectionable content online
All you need to know about 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; or

(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, persistently by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine."

QUESTION
A Senior Citizen who is physically challenged sends email which is covered by the above section to Ministries-Sebi etc .
Please note the question:

1-Can the Email be considered as proof

2- As the email is quoted as proof can Exparti Injunction be Granted When section 66A has been considered unconstituitional

3- Can the Police department even recieve the complaint knowingly the email has been submitted as proof?

Pl answer immediately more  

View all 17 comments Below 17 comments
EVEN THE FACTS INFORMATION IS NOT HEARD AS SUCH IN INDIA BOTH JUDICAL SYSTEM AS WELL AS INDIAN ADMINISTRATION IS DEAD AND THIS AS AN INTERNATIONAL JOURNALIST GOING TO TAKING TO WIKILEAKS I REPRESENT SINGAPORE MEDIA AND CHANNEL GROUP IF ANYBODY COULD HELP PLEASE SEND YOUR EMAIL ID I COULD FORWARD MY CASE more  
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 (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, persistently by making use of such computer resource or a communication device, (c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine." Section 66A provides punishment for sending offensive messages through communication services. more  
i find many have not read the Judgement which I attached. Evey one is concentrating on the Content- Not on The Mode- Please note if the mode is mail- then you have to get the JUDGEMENT ANULLED- It is not a Case of Senior Citizen instead of getting diverted- Ok Fine not a Senior Citizen- Any Citizen. more  
The issue and cause of the mail of the Physically handicapped Senior Citizen stands out of the purview of this Section if the matter calls for the attention of Criminal law and Police can regard this mail to consider the complaint for justice that finds place in any other Sections of the Acts in force . more  
Its not clear from whom the police are receiving a complaint under Section 66 A of IT Act. If it is from the Senior Citizen who sent the email, then, even if the Section is considered unconstitutional, if he has caused irreparable harm to anyone's reputation he/she would be culpable to pay damages to the affected party. There is a difference that even if the email sender's constitutional right to liberty/freedom of speech are protected by deeming Sn.66A unconstitutional he/she cannot gain immunity or protection thereby from liability to the innocent victim of his/her malicious email. Legal recourse is possible in such an instance. L.Kalavathi Retired Bank Official Chennai/Tamilnadu/India 3rd Feb 2017 Reply for Shri MS Subramaniam(Chanakya) more  
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