Section 66A of IT Act Still Used in 2025? It Was Struck Down

Section 66A of the IT Act: Dead Since 2015, Still Haunting Us in 2025?

Alright, let’s get real about something that should’ve been put to rest a long time ago: Section 66A of the Information Technology Act. This section was thrown out by the Supreme Court way back in 2015. We’re in 2025—and somehow, it’s still being used. Wild, right?

Let’s Go Back to the Beginning

On March 24, 2015, in a landmark decision (Shreya Singhal v. Union of India), the Supreme Court said—loud and clear—that Section 66A was unconstitutional. This section made it a crime to send “offensive” messages online. But here’s the problem: the wording was vague, open-ended, and super dangerous for free speech.

The Court said, nope—this violates Article 19(1)(a) of the Constitution (that’s your right to freedom of speech). It didn’t fall under any of the valid restrictions under Article 19(2), so they junked it completely. Not just repealed. Declared void from the start—as if it never existed.

They also said: no new cases should be filed under it, and all ongoing ones? Drop them. Immediately.

But Here’s the Messed-Up Part

Even after the Supreme Court’s verdict, FIRs kept getting filed under Section 66A. People were still being charged. Like seriously, cops across states were acting as if the ruling never happened.

Naturally, this led to more petitions being filed. People were like, “Hello? Why is a dead law being used to arrest people?” The Supreme Court wasn’t happy. Not one bit.

The Ministry of Home Affairs stepped in. They sent out multiple advisories telling police departments across India: Stop registering cases under Section 66A. Withdraw whatever is already filed. And yet... it kept happening.

The Supreme Court Had to Intervene—Again

Fast-forward to October 12, 2022. The top court had to restate the obvious:

No one can be prosecuted under Section 66A. It’s unconstitutional. It’s dead.
All DGPs, Home Secretaries, and officers in charge must make sure no FIRs or complaints are registered under this section.
If there are pending cases, remove every mention of 66A.
Any publication—government or private—that refers to Section 66A must clearly mention that it has been struck down by the Supreme Court.

Seriously, they had to spell all of this out again. Because apparently, the message still hadn’t landed everywhere.

So, What Needs to Happen Right Now?

Every single police station in the country needs to be told—again—to stop registering any case under Section 66A.
Any ongoing case where this section was used needs to be reviewed, cleaned up, and withdrawn immediately.
Officers need proper training. They need to know the law has changed. Not once, not twice—but a decade ago!

Why This Is Bigger Than Just One Section

This isn’t just about legal formalities. It’s about our rights.

A law that silenced people online was struck down to protect free speech. If that law keeps being used, even after being declared void, it means the system is ignoring the Supreme Court. That’s not just a legal glitch. That’s a failure to uphold the Constitution.

Bottom Line

Section 66A is gone. It’s been gone. There’s no excuse for using it anymore. Police, courts, and governments have to stop acting like it’s still valid. It’s not.

Every time someone gets booked under this zombie section, it’s not just wrong—it’s illegal.

Time to finally bury 66A. For real this time.