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Haryana Boy arrested for E-mail hoax- Section 66A IT AA, 2008 wrongly slapped
A frustrated teenager Haryana boy send hoax email and created panic about a so called bomb blast in an Air India Plane. The email was received by a security officer at Air India and he intimated the Mumbai Police, Cyber Crime Cell. The Mumbai police swung into action and tracked the IP addresses of the email to the culprit, a 17-year-old boy of Narnaul, Haryana who was found to be a son of a Doctor. The guy was frustrated over his poor performance in academics and sent the hoax email in frustration. The police arrested the accused u/s Section 66A IT Amendment Act, 2008 which punishes the offence of sending offensive messages through electronic medium like email etc. for the purpose of causing annoyance, inconvenience, danger, criminal intimidation etc. The offence is punishable with imprisonment for a term which may extend to three years and with fine. However, though the offence is cognizable one but it is also bailable, by virtue of Section 77-B ITAA, 2008. However, the accused has been wrongly arrested u/s 66-A IT AA, 2008 for the simple reason that the offence was committed on 23rd October, 2009, the day on which the hoax e-mail was received by a security officer at Air India. The ITAA, 2009 was notified on 27th October, 2009 and the Article 20 (1) prohibits the retrospective application of the penal statute. The Article 20 (1) of the Constitution of India clearly provides as under:
 
"Article 20: Protection in respect of conviction for offences:-(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. 

However, the offence u/s 506 IPC is made out which is non-cognizable & a bailable offence as per the First Schedule to the Code of Criminal Procedure.

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