Authentication No: MY349946432379-13-0523
This article briefly and in simple language represents such amendment proposed in the IT Amendment Bill,2022. It is in the 73rd year of the Republic of India's enactment by parliament. The short title and commencement of the bill state that the Act may be called as Information Technology (Amendment) Act 2022. The bill has been proposed with amendment under section 2 and the Insertion of a new section viz. Section 66F, 66G, 67B and Section 67BA.
Under Sub-section(ii) of Section 2 the following clauses are to be inserted after clause (za) in the prior Act namely (zaa) which defines "physical violence" as assault, simple hurt, grievous hurt, kidnapping, abduction, attempt to murder and murder.
Under Sub-section(iii) of Section 2 the following clauses are to be inserted after clause (zf) in the prior Act namely (zfa) which defines "sexual assault" means rape, molestation or any act which violates the bodily integrity of a woman.
Under Sub-section(iv) of Section 2 the following clauses are to be inserted after clause (zg) in the prior Act namely (zga) which defines "threat" as any expression through word, sound, gesture or any audio-visual communication whatsoever of an intention to cause harm, alarm, intimidation or harassment or for incitement of harm, alarm, intimidation or harassment by any person.
Under Sub-section(v) of Section 2 the following clauses are to be inserted after clause (zh) in the prior Act namely (zi) which defines "women" means any female regardless of age.
Insertion of Section 66G:
Section 66G (1) talks about different acts when committed against a woman shall be punishable, as follows under clauses: (a) a woman, her family or her property facing the threat of physical violence; (b) threat of sexual assault; (c) being threaten of revealing her information including but not limited to, her location, workplace and any such detail which may be used to harm her as physically or mentally; (d) Threatening to spread false information about her; (e) threat to question a person's citizenship or imputation of disloyalty to India; (f) Threatening to prosecute her falsely; and (g) abuse based on religion, caste or sexuality.
Sub-section (2) then prescribes the punishment and cognizance of offences under Sub-Section (1) of Section 66G, such offences as mentioned in Sub-section (1) shall be Cognizable and Non-bailable. Further punishment is given in clauses as follows: (i) the person shall be punishable with a maximum punishment of three years or with a fine of upto fifty thousand rupees for the first offence; (ii) the person shall be punishable with a maximum punishment of seven years and with a fine of upto four lakh rupees for the second offence; (iii) the person shall be punishable with a maximum punishment of ten years and with a fine of upto ten lakh rupees for the third and subsequent offence.
Under Sub-section (3) it is stated that in the case where a person who was making such threats or person incited by such person so threatening shall be punishable with ten years imprisonment and with a fine of upto ten lakh rupees.
Sub-section (4) states that any amount which is imposed as a fine on a person shall be paid to the victim as compensation.
Insertion of Section 67BA:
Sub-section (1) of Section 67BA, talks about the rights of the victim of an offence under sections 66E, 66G, 67, 67A or 67B of this Act or a police officer investigating such a case to approach the jurisdictional Magistrate for grant of injunction against the accused, or any other person, company, organization or entity for deletion of the offensive text, image, audio, video or other formats as well as prohibition from storing, retransmitting or repeating such offensive text, image, audio, video or other formats as the case may be.
Under Sub-section (2) it states that a Magistrate shall without notice to the accused grant the injunction if he Is satisfied that prima facie, a case of an offence under sections 66E, 66G, 67, 67A and 67B of this Act exists.
Under Sub-section (3) it states that the order of the Magistrate under Sub-section (2) shall also be served upon any person, company, organization or entity in conformity with the provisions of this Act and the rules made thereunder for compliance.
Under Sub-section (4) it makes any application under Sub-section (1) to be decided on the same day obligatory, provided that for any reasons to be recorded application may be disposed of within 7 days by the Magistrate.
Under Sub-section (5) it states that the injunction under Sub-section (2) may be granted at the instance of the victim or of the investigating officer of such case.
Sub-section (6) states that any order passed under this section shall be subject to revision in accordance with section 397 of CrPC (Code of Criminal Procedure), 1973.
Conclusion:
The Information Technology (Amendment) Bill,2022 visited and unambiguously mentioned numerous rights of women who are being victim of evils of social media by many nefarious people, be it a male or a female doing such things to other fellow female out of revenge or jealousy. It is high time to make such a provision in contemporary society. Though even today, the failure to perceive similar rights of a Man who is also a victim of such offences and often falsely accused is immensely awful.
Award Winning Article Is Written By: Mr.Juned J Khan
| Authentication No: MY349946432379-13-0523 |
