http://epaperbeta.timesofindia.com/Article.aspx?eid=31804&articlexml=MHA-mulls-revised-cyber-crime-law-to-fill-14042015011032

Apr 14 2015 : The Times of India (Mumbai)
MHA mulls `revised' cyber crime law to fill void created by 66A
Bharti Jain
New Delhi:


Will Include Safeguards Against Abuse

Acknowledging the concerns of law enforcement agencies on tackling
cyber crime in the wake of the Supreme Court scrapping Section 66A of
the IT Act, the home ministry has begun examining how the provision
can be reconstructed to conform to constitutional norms while
eliminating the scope for ambiguities in its application.

Among the safeguards that will be woven into the amended provision are
authorizing a senior police officer to register FIRs and execution of
arrests only in "defined" circumstances. A committee has been set up
under special secretary (in ternal security) in the home ministry
Ashok Prasad -with representatives of the NIA, Intelligence Bureau and
CBI as members -to look at the possibility of reinserting a provision
in the IT Act on the lines of Section 66A that is legally tenable and
incorporates enough safeguards against its misuse to curb free
speech.The panel has been asked to submit its report in a month, which
will then be forwarded to the IT ministry . Among the offences sought
to be addressed by the new provision are online support to a banned
terrorist outfit; incitement to commission of an offence, particularly
communal posts; electronic messages affecting relations with friendly
countries; and, possibly , online activity in violation of morality
and decency . However, to ensure that individual freedom of expression
is not curbed, the proposed provision will exclude ambiguous
expressions such as "offensive language" or "causing annoyance" that
left Section 66A prone to subjective interpretation.

According to home ministry sources, the need for a tighter legal
regime to govern online activity was felt as India is the third
largest internet user in the world. Also, internet coverage in India
will soon extend to 40% of its population.

At a meeting chaired by Union home secretary L C Goyal here on Monday
, attend ed by CBI chief Anil Sinha, NIA chief Sharad Kumar and Delhi
Police commissioner B S Bassi, a multi-member committee was asked to
examine the legal void left by scrapping of Section 66A and how to
fill the same.

Section 66A was struck down by the Supreme Court in a landmark verdict
last month lauded by netizens as the victory of freedom of
expression.Explaining the need to revisit the need of a provision in
the IT Act to deal with crimes that affect national security ,a senior
home ministry official said there was need to cover online support to
a terror outfit not only under the Unlawful Activities Prevention Act
but also IT Act.

Also, given that communal posts were largely addressed under Section
66A, it's scrapping left the enforcement agencies no choice but to
only book the offender under Section 153A of IPC.

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