Advisory on Section 66A

A copy of the advisory sent by the Ministry of Communications and Information Technology to State Governments following the recent controversies on arrest of Palghar ladies is now available here

The advisory is issued by the Group Coordinator & Director General, Department of Electronics and Information Technology, Government of India to the Chief Secretaries and DGPs of all States and Union Territories.

According to the Advisory

“State Governments are advised that as regard to arrest of any person in complaint registered under section 66A of the Information Technology Act 2000, the concerned police officer of a police station under the State’s jurisdiction may not arrest any person until he/she has obtained prior approval of such arrest from an officer not below the rank of the Inspector General of Police in the metropolitan cities or af an officer not below the ran of Deputy Commissioner of Police or Superintendent of Police at the district level, as the case may be.

It is requested that appropriate instructions may be issued in the matter to all concerned”

Since the advisory is in conflict with the provisions of Section 80 of ITA 2000/8 this advisory appears to be ultra-vires the Act.

Naavi

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About Vijayashankar Na

Naavi is a veteran Cyber Law specialist in India and is presently working from Bangalore as an Information Assurance Consultant. Pioneered concepts such as ITA 2008 compliance, Naavi is also the founder of Cyber Law College, a virtual Cyber Law Education institution. He now has been focusing on the projects such as Secure Digital India and Cyber Insurance
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