On 18th Nov 2012, two girls were arrested for making comments about the Mumbai Bandh late Shiv Sena supremo Bal Thackeray’s death in terms of Section 66A of Information Technology Act, 2000 (Amended by Act of 2008) and section 295A of the Indian penal Code. One girl had just questioned the Mumbai Bandh in her Facebook Post, while the other had liked the said post.
Section 295A of the IPC deals with outraging religious feelings of any class” and section 66A of the IT Act with sending offensive messages through communication service, etc. Section 295A of the IPC is cognizable and non-bailable, and hence the police have the powers to arrest a person accused of this without a warrant.2 Section 66A of the IT Act is cognizable and bailable.
The arrest and later release on the next day has brought many questions to the mind of the general public like Lack of Social Media Regulation, Freedom of Speech and Expression, etc. And a petition has been accepted by the Supreme Court against the legality of section 66A of Information Technology Act.