The electronic communications has changed the way the world communicates and also the communication habit. The communication via SMS or electronic email manifests the freedom of speech and expression guaranteed by our constitution to every citizen [Article 19 (1) (a)], however, the freedom is not absolute, it is a qualified right, as constitution also sets significant limitations on that freedom, as the state may by law effect such reasonable restrictions as it deems necessary or expedient in the interest of the security of the state, the sovereignty and integrity of India, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

2. A man was found guilty for tweeting airport bomb threat. His tweet, "Robin Hood airport is closed. You've got a week and a bit to get your shit together, otherwise I'm blowing the airport sky high!!" The tweeter Paul Chambers was actually just kidding. However, the police arrested him and he was charged with sending by a public communications network a message that was grossly offensive or of an indecent, obscene or menacing character contrary to Section 127 of the Communications Act 2003. A district judge at Doncaster Magistrates Court ruled that the Tweet was ''of a menacing nature in the context of the times in which we live''. Chambers has been ordered to pay a £385 fine, a £15 victims surcharge and £600 costs.

4. Man arrested for making hoax call: A 25-year-old man was arrested on 9TH May, 2010 for making an anonymous call warning that Delhi Chief Minister Sheila Dikshit’s life was in danger. Veer Singh, a resident of Farsh Vihar in east Delhi, allegedly made the call Thursday to implicate a man who was harassing him to repay his dues. He had stolen a mobile phone from Narela in outer Delhi to make the call to the police control room and then called up the other man. Veer Singh thought the police would track down the other person and arrest him in connection with the death threat to the Delhi chief minister.

5. Threatening SMS sent to Shashi Tharoor, Ex-Union Minister for State and other Parliamentarians: The accused person “A” was having animosity towards other person “B” in a love triangle, and the A in order to frame B, impersonated himself as B and send threatening SMSs to parliamentarians. The various FIRs were registered u/s 66A IT Act, r/w 506, 507, 509 IPC was registered in various police stations in Delhi, Haryana and Himanchal Pradesh.The aforesaid incidents revealed that the offending SMS, emails were generally send by the accused persons via electronic medium be it mobile phone or computer network to implicate others. Thus, the alleged act of sending SMS via mobile phone or offending or threatening Email involving criminal intimidation including danger and obstruction are squarely covered under Section 66 A of Information Technology Act, 2000 and there is no application of Section 506 IPC to the alleged act. It would be pertinent to mention here that the bail of the accused person who sent threatening email to CM Naveen Patnaik was denied because of the applicability of Section 506 IPC which in State of Orissa is non bailable. However, the invoking of Section 506/507 IPC to the alleged act is not correct by virtue of Section 81 of the Information Technology Act, 2000 which gives an overriding effect to the provisions of the IT Act over the other Acts including the Indian Penal Code. It clearly states that, “the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.” Thus, this section of the Information Technology Act 2000 if read with Section 66A makes the legislative mandate very clear & loud that in matters pertaining to threat or criminal intimidation via a computer resource or communication device, the IT Act 2000 would have an overriding effect over other law including the Indian Penal Code in view of the clear mandate of Section 81 IT Act. The Section 81 IT Act, is reproduced below:-<br />“81. Act to have overriding effect.<br />The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.<br />Provided that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957 or the Patents Act, 1970.”<br />Even otherwise, Hon’ble Apex Court in case titled as Suresh Nanda Vs. C.B.I. in Criminal Appeal No. 179 of 2008 in SLP (Crl.) No. 3408 of 2007 held that the Special Act prevails over General Acts. The author has successfully represented the accused persons in the Shashi Tharoor SMS case and secured their bail by successfully arguing that in view of the specific provisions in the I.T. Acts, 2000, which are bailable in nature, the same would have the overriding effect by virtue of non obstante clause in Section 81 IT Act and the other offences of the IPC have been added by the prosecution merely for the purpose of making the offence non bailable in nature and they are not applicable. The author argued in length and stated vehemently before the Session Court that as the result of the investigation done by the Delhi Police which clearly reveals that the alleged act of threatening, criminal intimidation and endanger was with the sole intention to harass the other person involved in love triangle and clearly, there was no intention to execute the threat or commit extortion which is one of the essential ingredients to bring home the offences mentioned under Section 506 IPC. Even otherwise the offence u/s 506 IPC in Delhi is bailable. Further, no overt act has been alleged to be done by the accused persons which show any intention to execute the threat or extortion. <br /> HYPERLINK quot;
http://www.neerajaarora.comquot;
Neeraj Aarora<br />(Advocate) <br />