Case Note & Summary
The petitioner, Neha Rafiq Chachadi, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR in Crime No.21/2019 registered at City CEN Police Station, Belagavi, for offence under Section 66E of the Information Technology Act, 2000 (IT Act). The complaint was lodged by respondent No.2, Shayeesta Yusuf Aga @ Sayyed, alleging that the petitioner had captured and published images of her without consent. The petitioner contended that the offence under Section 66E of the IT Act is non-cognizable and bailable, and that Section 196A of Cr.P.C. mandates previous sanction of the Central Government or State Government before taking cognizance of such an offence. Since no such sanction was obtained, the FIR and the entire proceedings were illegal and liable to be quashed. The High Court of Karnataka, Dharwad Bench, after hearing the parties, examined the provisions of Section 66E of the IT Act and Section 196A of Cr.P.C. The court noted that Section 66E prescribes punishment for violation of privacy, and the offence is classified as non-cognizable and bailable under the IT Act. Section 196A of Cr.P.C. requires that no court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (which includes Section 66E by virtue of the IT Act) except with the previous sanction of the Central Government or the State Government. The court held that the registration of the FIR without such previous sanction was illegal and could not be sustained. Consequently, the court allowed the petition and quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Section 196A Cr.P.C. - Offence under Section 66E of Information Technology Act, 2000 is non-cognizable and bailable - Previous sanction of Central Government or State Government is mandatory under Section 196A Cr.P.C. for taking cognizance of such offence - FIR registered without such sanction is liable to be quashed - Held that the registration of FIR without previous sanction is illegal and cannot be sustained (Paras 4-6).
Issue of Consideration
Whether the FIR registered for offence under Section 66E of Information Technology Act, 2000 can be quashed for want of previous sanction under Section 196A of Cr.P.C.
Final Decision
The petition is allowed. The registration of FIR in Crime No.21/2019 of City CEN Police Station, Belagavi, for offence under Section 66E of Information Technology Act, 2000, and all proceedings arising therefrom, are quashed.
Law Points
- Section 66E of Information Technology Act
- 2000 is non-cognizable and bailable
- Section 196A Cr.P.C. requires previous sanction of Central Government or State Government for taking cognizance of offence under Section 66E
- FIR registered without sanction is liable to be quashed under Section 482 Cr.P.C.
