Section 69A IT Act: Power to issue directions for blocking for public access of any information through any computer resource
Information Technology Act, 2000
Section 69A IT Act at a Glance
Section 69A IT Act lets the Central Government or its specially authorised officer order a government agency or intermediary to block public access to information in any computer resource. Intermediaries failing to comply face up to 7 years imprisonment and liability to fine.
Up to 7 years, under sub-section (3)
Section 69A IT Act Bare Act Text
69A. Power to issue directions for blocking for public access of any information through any computer resource.
(1) Where the Central Government or any of its officers specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.
(2) The procedure and safeguards subject to which such blocking for access by the public may be carried out, shall be such as may be prescribed.
(3) The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine.
Amendments to this section
- Subs. by Act 10 of 2009, s. 34, for section 69 (w.e.f. 27-10-2009).
Section 69A IT Act in Simple Words
Section 69A IT Act empowers the Central Government to order the blocking of public access to information in any computer resource, and punishes an intermediary that fails to comply with a blocking direction. Under Section 69A(1) IT Act, the Central Government, or an officer specially authorised by the Central Government in that behalf, may act when satisfied that blocking is necessary or expedient in the interest of the sovereignty and integrity of India, the defence of India, the security of the State, friendly relations with foreign States, or public order, or for preventing incitement to the commission of any cognizable offence (an offence where the police can register an FIR and arrest without a warrant) relating to any of those grounds. Recording reasons in writing, the authority may issue an order directing any agency of the Government or an intermediary (defined in Section 2 IT Act, along with 'computer resource') to block, or cause to be blocked, public access to any information generated, transmitted, received, stored or hosted in any computer resource.
Under Section 69A(2) IT Act, blocking for access by the public is carried out subject to the procedure and safeguards that are prescribed. Unlike Section 69 IT Act (which covers interception, monitoring and decryption, gives power to both Central and State Governments, and includes investigation of any offence as a ground), Section 69A(1) IT Act vests blocking power solely in the Central Government and its specially authorised officers, and does not list investigation of an offence as a ground.
Under Section 69A(3) IT Act, an intermediary that fails to comply with a direction issued under Section 69A(1) IT Act is punishable with imprisonment for up to 7 years and is also liable to fine. Under Section 77B IT Act and Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence is cognizable, non-bailable (bail cannot be claimed as of right and lies in the court's discretion), and triable by a Magistrate of the first class, while under Section 77A IT Act it is non-compoundable (a court cannot close the case through a settlement) because the maximum imprisonment exceeds 3 years. Act 10 of 2009 inserted Section 69A IT Act, along with the present Sections 69 and 69B IT Act, in place of the original Section 69 IT Act with effect from 27 October 2009.
Ingredients of Section 69A IT Act
- The Central Government, or an officer specially authorised by the Central Government, is satisfied that blocking is necessary or expedient in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States, public order, or preventing incitement to a cognizable offence relating to those grounds.
- The authority records reasons in writing and issues an order under Section 69A(1) IT Act, subject to the procedure and safeguards prescribed under Section 69A(2) IT Act.
- The order directs a government agency or an intermediary to block, or cause to be blocked, public access to information generated, transmitted, received, stored or hosted in a computer resource.
- For the offence under Section 69A(3) IT Act, an intermediary fails to comply with a direction issued under Section 69A(1) IT Act.
Punishment Under Section 69A IT Act
Up to 7 years, under sub-section (3)
Liable to fine, in addition to imprisonment
Section 77B IT Act makes an offence punishable with imprisonment of 3 years and above cognizable, but makes only one punishable with 3 years bailable. Part II of the First Schedule to the BNSS decides the rest: an offence punishable with imprisonment for 3 years and upwards but not more than 7 years is non-bailable and is tried by a Magistrate of the first class. Section 77A IT Act does not allow it to be compounded, because the punishment exceeds 3 years.
Under Section 69A(3) IT Act, an intermediary that fails to comply with a blocking direction issued under Section 69A(1) IT Act faces imprisonment for up to 7 years and is also liable to fine in addition to imprisonment. Under Section 77B IT Act and Part II of the First Schedule to the BNSS, the offence is cognizable, non-bailable, and triable by a Magistrate of the first class. Under Section 77A IT Act, the offence cannot be compounded because the maximum imprisonment exceeds 3 years.
Example of Section 69A IT Act
When Section 69A IT Act Does Not Apply
- Under Section 69A(1) IT Act, a blocking order requires satisfaction on one of the grounds stated in Section 69A(1) IT Act (sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States, public order, or preventing incitement to a cognizable offence relating to those grounds) and reasons recorded in writing, subject to the procedure and safeguards prescribed under Section 69A(2) IT Act.
- The offence under Section 69A(3) IT Act applies where an intermediary fails to comply with a direction issued under Section 69A(1) IT Act.
FAQs on Section 69A IT Act
What is Section 69A IT Act?▼
Section 69A IT Act empowers the Central Government, or an officer specially authorised by the Central Government, to order any government agency or intermediary to block public access to information in any computer resource on specified grounds, for reasons recorded in writing. Under Section 69A(3) IT Act, an intermediary that fails to comply with such a direction faces up to 7 years imprisonment and is also liable to fine.
Can a State Government order blocking of information under Section 69A IT Act?▼
No. Section 69A(1) IT Act vests the power to issue blocking orders solely in the Central Government or an officer specially authorised by the Central Government. Unlike Section 69 IT Act, Section 69A IT Act does not confer this power on a State Government.
On what grounds can public access to information be blocked under Section 69A(1) IT Act?▼
Six grounds are listed in Section 69A(1) IT Act: sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States, public order, and preventing incitement to the commission of any cognizable offence relating to any of those five matters. The authority must also record its reasons in writing.
Has the Supreme Court upheld Section 69A IT Act?▼
Yes. In Shreya Singhal v. Union of India (2015), the Supreme Court upheld Section 69A IT Act and the blocking rules made under it, while striking down Section 66A IT Act.
Who faces criminal punishment for disobeying a blocking order under Section 69A(3) IT Act?▼
The intermediary. Section 69A(3) IT Act punishes an intermediary that fails to comply with a direction issued under Section 69A(1) IT Act with imprisonment for up to 7 years and liability to fine.
Is an offence under Section 69A(3) IT Act bailable?▼
No. Under Part II of the First Schedule to the BNSS read with Section 77B IT Act, the offence is cognizable and non-bailable, and is tried by a Magistrate of the first class. Under Section 77A IT Act, it also cannot be compounded.
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Sources: Bare Act Text, Information Technology Act, 2000 ·