Information Technology Act, 2000
66A. Punishment for sending offensive messages through communication service, etc.* -
Any person who sends, by means of a computer resource ... purpose of this section, terms "electronic mail" and "electronic mail message" means a message or information created or transmitted or received on a computer, computer
which read as under:-
"66-A. Punishment for sending offensive messages through
communication service, etc.:-
Any person who sends, by means of a computer ... provides for punishment for
sending offensive messages. The message, which is in the form of
information, is of offensive and menacing character or false
Thus the message (SMS) is a true message
and the same cannot be said to be false. Therefore, it is
not offensive and the said ... refund of the amount. Such messages were forwarded to
many persons. It is forged one and the messages are offensive in nature.
The message relating
taking action against the person who has
created and circulated the offensive message, the petitioner been falsely
implicated, as if he has sent the message ... message, since message has caused unwanted repercussions, he will
circulate the affidavit sworn by him on 30.07.2024 in the whataspp group in
which the offensive
owner of the E.Mail accounts, in fact, had sent
offensive messages from the said electronic accounts.
Learned Magistrate refused to discharge the petitioner ... electronic messages are offensive
and/or threatening in nature and there are materials on record that the
offensive messages were sent from the E.Mail
hereinbelow:
"66-A. Punishment for sending offensive messages through communication
service, etc.-Any person who sends, by means of a computer resource ... commerce frauds like personation commonly known
as Phishing, identity theft and offensive messages through communication
services. So, penal provisions are required to be included
message sent by the petitioner
is true, it does not attract the offence under Section 66-A
of the Information Technology Act. The said message ... reproduce
the said section, which reads as under:
Punishment for sending offensive messages
through communication service etc. Any person who
sends, by means
Section 66A of the Information
Technology Act prescribed punishment for sending offensive messages
through communication service etc. Any person who sends, by means ... misleads the addressee about the origin of such
messages or communicates any information which is grossly
offensive or menacing in nature;
(g) impersonate another person
alternate job. We need not go into question whether three
SMS messages were offensive or not, because, it is a subjective
reaction of the Claimant ... directors of the board she had not
mentioned anything about the offensive SMS messages or even
hinted at sexual harassment, but only complaint against
Section 66A thereof provided as
under:
―[66A. Punishment for sending offensive messages
through communication service, etc.-Any person who
sends, by means of a computer ... 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
