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    Question

    A sends a threatening and abusive message to B through

    an online messaging platform. The message does not involve obscenity but is grossly offensive and annoying. Which of the following is most accurate after the Supreme Court’s decision in Shreya Singhal v. Union of India?
    A A can be prosecuted under the former Section 66A. Correct Answer Incorrect Answer
    B A cannot be prosecuted under Section 66A as it is unconstitutional. Correct Answer Incorrect Answer
    C A must be prosecuted only under Section 67. Correct Answer Incorrect Answer
    D A can be prosecuted automatically under Section 79. Correct Answer Incorrect Answer
    E A’s act is not covered by any law in India. Correct Answer Incorrect Answer

    Solution

    After Shreya Singhal, Section 66A ceased to exist in law. Therefore, a person sending grossly offensive or annoying messages cannot be prosecuted under Section 66A. While other provisions of the IPC or IT Act may apply depending on facts, prosecution under Section 66A is unconstitutional and impermissible. Hence, option B is correct.

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