Section 66A of the Information Technology Act was struck down under Art. 19(1) (a) read with Article 19(2) in the case of

All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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45.

Section 66A of the Information Technology Act was struck down under Art. 19(1) (a) read with Article 19(2) in the case of

A: Justice K.S. Puttaswamy Vs Union of India

B: Kharak singh Vs State of U.P.

C: Govinda Vs State of M.P

D: Shreya Singhal Vs Union of India

The answer is: D

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Explanation

The correct option is D: Shreya Singhal Vs Union of India.

Section 66A of the Information Technology Act, 2000, which prescribed punishment for sending offensive messages through communication devices, was struck down by the Supreme Court of India on March 24, 2015, in the case of Shreya Singhal Vs Union of India. The court held that Section 66A violated the fundamental right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India, as it was vague, overbroad, and had a chilling effect on free speech. The court also observed that Section 66A did not fall within the reasonable restrictions on free speech enumerated under Article 19(2), such as public order, decency, morality, etc., as it did not have any nexus with these grounds. Therefore, the court declared Section 66A to be unconstitutional and void.