According to the recommendations of an expert committee set up by the Centre, the Indian Penal Code, Code of Criminal Procedure and IT Act is instructed to amend controversial Section 66A of the Information Technology Act 2015. Stringent provisions are to be newly introduced, mentioning punishments for dealing with cases of hate speech and making use of cyberspace for spreading violence and hatred.
Former Law Secretary and Lok Sabha Secretary General T K Viswanathan lead the committee, and have submitted a report to the Union Home Ministry. Dr S Sivakumar, a committee member who also belongs to Law Commission explained that re-introducing Section 66A is not necessary now. We should rather aim for strengthening Indian Penal Code.
Below are some of the committee recommendation
- IPC Section 153 C should be amended such that it addresses all kinds of spoken or written words, signs, information, audio or video files or both, or visible representation that are either transmitted or retransmitted via telecommunication, communication device or computer shall be punishable for up to 2 years or a fine of Rs 5,000, or both
- The IPC Section 505 A should be modified such that any individual or a group of individuals who, on the basis of birth place, orientation, caste, race, community, gender, sexual orientation, residence, disability, language or for other means of communication, give rise to fear or alarm or causes violence will be subject to up to 1 year of punishment or Rs 5000 fine or both these
- The Code of Criminal Procedure, 1973 should be amended. Sections 25 B and 25 C are to be added to create State Cyber Crime Coordinator and District Cyber Crime Cell
- IT Act 2000 should be amended. The Section 78 lets police officers under sub-inspector ranking to inquire offences under the Act