GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS

RAJYA SABHA

UNSTARRED QUESTION NO. 859

TO BE ANSWERED ON THE 23th NOVEMBER, 2016/ Agrahayana 2, 1938 (Saka)

INCORRECT DATA FOR ARRESTS UNDER SECTION 66A OF IT ACT

859. SHRI RAJEEV CHANDRASEKHAR:

Will the Minister of HOME AFFAIRS be pleased to state:

1. Whether Government has taken note of the fact that the NCRB had reported incorrect data for arrests under Section 66A of the IT Act, under its publication crime in India 2016;
2. Whether Government is aware that the corrigendum issued by the NCRB in this regard does not clarify on the actual number of arrests under Section 66A; and
3. The steps Government proposes to take to investigate this and ensure that no further arrests are made under the repealed section?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

(SHRI HANSRAJ GANGARAM AHIR)

1. To (c): NCRB collects crime data and publishes its Annual Report ‘Crime in India’ on calendar year basis i.e. 1st January to 31st December. Data was compiled by NCRB under all Section including Section 66A of IT Act until Hon’ble Supreme Court, in WRIT PETITION (CRIMINAL) NO. 167 OF 2012 in Shreya Singhal vs. Union of India, stuck down Section 66A on 24th March, 2015. As the data was collected on aggregated basis, ‘Crime in India’ 2015 included data pertaining to Section 66A. NCRB clarified the inclusion by issue of a corrigendum. NCRB publication ‘Crime in India’ 2016 will not contain cases pertaining to Section 66A of IT Act.

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