Information Technology Act Section 66A — Punishment for sending offensive messages through communication service, etc

CHAPTER XI OFFENCES

Cyber Law

Summary

Any person who sends, through a computer resource or a communication device, any information that is grossly offensive or has a menacing character is covered by this provision.

Under clause (b), any person who sends information that they know to be false, but does so persistently, and with the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, by using such a computer resource or communication device, is also covered.

Under clause (c), any person who sends an electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience, or to deceive or mislead the addressee or recipient about the origin of such messages, is covered. For all these acts, the punishment is imprisonment for a term that may extend to three years, along with a fine.

The explanation clarifies that the terms electronic mail and electronic mail message mean a message or information created, transmitted, or received on a computer, computer system, computer resource, or communication device, including attachments in text, image, audio, video, and any other electronic record that may be transmitted with the message.

Official Text

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.

Explanation.–For the purposes of this section, terms ―electronic mail‖ and ―electronic mail message‖ means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.]