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Cases Where Section 66A Was Wrongly Used After Being Struck Down
1. PUCL v. Union of India (2021) – Supreme Court's Reprimand
In July 2021, the People’s Union for Civil Liberties
(PUCL) filed a plea stating that FIRs under Section 66A were still being
registered even though it had been declared unconstitutional in 2015.
Supreme Court’s Reaction:
The bench led by Justice Rohinton F. Nariman, who authored the original
judgment in Shreya Singhal v. Union of India, called it "a
shocking state of affairs" and directed the government to issue
advisories to stop this misuse.
2. NCRB Data (2015–2019)
As per data from the National Crime Records Bureau (NCRB):
- Over
1,300 cases were filed under Section 66A between 2015 and
2019, even though the law was struck down in 2015.
- These
include both new FIRs and chargesheets filed by police across multiple
states.
- Many
victims, unaware of the illegality of such FIRs, suffered harassment,
arrest, or unnecessary legal battles.
3. Manipur Case (2016)
A journalist in Manipur was arrested under Section
66A for a Facebook post criticizing the government. He was jailed
for weeks before the error was noticed and the matter was dismissed.
4. Tamil Nadu – Youth Arrested in 2017
A 19-year-old from Chennai was arrested under Section
66A for sharing memes about a politician on WhatsApp. The Madras High
Court later quashed the FIR, but not before public outrage and legal
intervention.
5. Maharashtra – Aurangabad (2018)
A college student was booked under Section 66A for
posting a comment on Facebook criticizing a local MLA. The police were unaware
that the section was no longer valid. It was later withdrawn after media
attention.
What to Do If You're Booked Under Section 66A
- Know
your rights – Section 66A is not law anymore.
- Approach
the Magistrate/Court and cite the Shreya Singhal judgment (2015).
- File
a petition to quash the FIR under Article 226 of the Constitution in
the High Court.
- Contact
a cyber lawyer or legal aid authority for urgent help.