Section 81 IT Act: Act to have overriding effect

Information Technology Act, 2000

Section 81 IT Act at a Glance

Section 81 IT Act gives the IT Act overriding effect over inconsistent provisions in any other law in force. Under its proviso, nothing in the IT Act restricts any person from exercising rights under the Copyright Act, 1957 or Patents Act, 1970.

Section 81 IT Act Bare Act Text

81. Act to have overriding effect.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Provided that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957 (14 of 1957) or the Patents Act, 1970 (39 of 1970).

Amendments to this section
  • Ins. by s. 42, ibid. (w.e.f. 27-10-2009).

Section 81 IT Act in Simple Words

Section 81 IT Act establishes how conflicts between the IT Act and other laws are resolved. It gives the provisions of the IT Act overriding effect, meaning they take effect even if another law in force at the time contains a rule that is inconsistent with them.

For this rule to apply, there must be an inconsistency between a provision of the IT Act and a provision in another law in force. Where the two rules conflict, the provision of the IT Act prevails.

Section 81 IT Act then adds a proviso (a limit built into the provision). Nothing contained in the IT Act restricts any person from exercising any right conferred under the Copyright Act, 1957 or the Patents Act, 1970. As a result, a person holding a copyright or patent right under either of those two Acts is not barred by the IT Act from exercising that right. Act 10 of 2009 inserted this proviso with effect from 27 October 2009. Act 10 of 2009 inserted this proviso with effect from 27 October 2009. Act 10 of 2009 inserted this proviso with effect from 27 October 2009.

When Section 81 IT Act Applies

  • Another law in force at the time contains a provision that is inconsistent with a provision of the IT Act.
  • The provision of the IT Act takes effect despite that inconsistent provision in the other law.
  • Proviso limit: nothing in the IT Act restricts any person from exercising any right conferred under the Copyright Act, 1957 or the Patents Act, 1970.

Example of Section 81 IT Act

Gurleen, an author in Chandigarh, holds rights conferred under the Copyright Act, 1957 in an electronic book. Sameer distributes copies of that electronic record online without permission and claims that provisions of the IT Act prevent Gurleen from exercising rights under the Copyright Act, 1957. While Section 81 IT Act gives the IT Act overriding effect over inconsistent provisions in other laws in force, its proviso carves out rights under the Copyright Act, 1957 and the Patents Act, 1970. Under the proviso to Section 81 IT Act, nothing in the IT Act restricts Gurleen from exercising the rights conferred under the Copyright Act, 1957.

When Section 81 IT Act Does Not Apply

  • Under the proviso to Section 81 IT Act, nothing in the IT Act restricts any person from exercising any right conferred under the Copyright Act, 1957 or the Patents Act, 1970.
  • Section 81 IT Act overrides another law in force only where that other law contains something inconsistent with the provisions of the IT Act.

FAQs on Section 81 IT Act

What is Section 81 IT Act?▼

Section 81 IT Act states that the provisions of the IT Act take effect despite anything inconsistent contained in any other law in force at the time. Its proviso adds that nothing in the IT Act restricts any person from exercising any right conferred under the Copyright Act, 1957 or the Patents Act, 1970.

Does the IT Act prevail if another law in force conflicts with it?▼

Yes, subject to the proviso in Section 81 IT Act. Where another law in force contains a rule inconsistent with the IT Act, Section 81 IT Act gives effect to the IT Act.

Does Section 81 IT Act restrict rights under the Copyright Act, 1957 or the Patents Act, 1970?▼

No. The proviso to Section 81 IT Act expressly states that nothing contained in the IT Act restricts any person from exercising any right conferred under the Copyright Act, 1957 or the Patents Act, 1970.

Does Section 81 IT Act displace other laws that are consistent with the IT Act?▼

No. Section 81 IT Act overrides only provisions in other laws in force that are inconsistent with the provisions of the IT Act.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·