Legal Question in Technology Law in India
IT amendment act 2008
1. Has this act been notified by gazette official of central government of india?
2. If it is notified, can it be applied on accused who is held for the incident occured prior to the notification?
thank you,
regards
Rakesh
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2 Answers from Attorneys
Re: IT amendment act 2008
Unless otherwise specified, a penal provision is applicable only from the date of enforcement and for the offences committed on or after that date.
Re: IT amendment act 2008
The rules and provisions of the act you mentioned will come into effect from the date of its amendment only and you cannot enforce the law on the accused who was held before the amndmnt.Nevertheless the accused maybe tried under IT act-2000,provided he did not committed the crime before the act implemented.
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