Sending offensive messages through communication service, etc – Section 66A of IT Law

Section 66A once criminalised certain online messages, but it was struck down in 2015. This post explains what Section 66A said and how to preserve evidence in message-based cases.

May 21, 2012

Section 66A of the Information Technology Act was once used to prosecute "offensive" messages sent through a computer resource or communication device. It is important to know one practical point up front: Section 66A was struck down by the Supreme Court in 2015 (Shreya Singhal v Union of India). That means it is not enforceable today, even though older references still circulate online.

Section 66A (IT Act): what it said before it was struck down

The text that was commonly quoted for Section 66A covered messages that were described as grossly offensive or menacing, messages known to be false sent to cause annoyance or enmity, and certain electronic messages sent to deceive or mislead the recipient about their origin. The section prescribed imprisonment and a fine.

Why Section 66A still shows up in conversations

If you search for cyber law topics, you will still find Section 66A mentioned in older blog posts, templates, and even draft complaints. That creates confusion for victims and for organisations trying to respond to online abuse, impersonation, or targeted campaigns.

The better question is not "can we use 66A?" It is: what exactly happened, what evidence exists, and what lawful route is appropriate for the facts.

What to focus on in message-based cases

Whether the issue is harassment, impersonation, threats, or coordinated defamation, outcomes depend on the evidence quality. The strongest cases usually have a clean timeline and preserved artefacts, not just a screenshot taken after the account changed names.

  • Keep original message URLs: copy permalinks where the platform provides them.
  • Preserve metadata: time, username/handle history, headers (for email), and device context.
  • Record escalation steps: platform reports, acknowledgement emails, reference numbers.
  • Avoid self-help that destroys evidence: do not edit threads or wipe devices before capture.

If the situation includes impersonation or brand harm, pair evidence capture with a containment plan. Relevant resources: cyber crime investigation and online reputation management.

Need an evidence checklist for your case?

If you are preparing to report an incident or you need help collecting message, email, or device evidence in a way that holds up later, contact our team for a practical evidence checklist and next steps.

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