Section 86 IT Act: Removal of difficulties

Information Technology Act, 2000

Section 86 IT Act at a Glance

Section 86 IT Act lets the Central Government publish orders in the Official Gazette to remove difficulties in giving effect to the Act, within 2 years of the Act's commencement. Every order must be laid before each House of Parliament.

Section 86 IT Act Bare Act Text

86. Removal of difficulties.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Section 86 IT Act in Simple Words

Section 86 IT Act gives the Central Government a time-limited power to resolve difficulties that arise in giving effect to the provisions of the Information Technology Act, 2000. Under Section 86(1) IT Act, if any such difficulty arises, the Central Government may make provisions that appear to the Central Government to be necessary or expedient for removing the difficulty. The Central Government exercises this power by publishing an order in the Official Gazette, and any provision made in the order must not be inconsistent with the provisions of the IT Act.

The proviso to Section 86(1) IT Act sets a strict limit on when this power can be used. No order can be made under Section 86 IT Act after the expiry of 2 years from the commencement of the IT Act. The IT Act came into force on 17 October 2000, so that 2 year period ended in October 2002.

Under Section 86(2) IT Act, every order made under Section 86 IT Act must be laid before each House of Parliament as soon as may be after the order is made.

When Section 86 IT Act Applies

  • A difficulty arises in giving effect to the provisions of the IT Act.
  • The Central Government makes an order published in the Official Gazette containing provisions that appear necessary or expedient for removing the difficulty.
  • The provisions in the order are not inconsistent with the provisions of the IT Act.
  • The order is made before the expiry of 2 years from the commencement of the IT Act.
  • Every order made under Section 86 IT Act is laid before each House of Parliament as soon as may be after the order is made.

Example of Section 86 IT Act

Suppose a difficulty in giving effect to a provision of the IT Act arises 1 year after the commencement of the Act. Because 2 years from the commencement of the Act have not expired, the Central Government publishes an order in the Official Gazette under Section 86(1) IT Act containing a measure consistent with the Act to remove that difficulty. After making the order, the Central Government lays the order before each House of Parliament under Section 86(2) IT Act. If another difficulty arises 3 years after the commencement of the Act, the proviso to Section 86(1) IT Act bars the Central Government from making an order under Section 86 IT Act because the period of 2 years has expired.

When Section 86 IT Act Does Not Apply

  • No order can be made under Section 86 IT Act after the expiry of 2 years from the commencement of the IT Act.
  • Section 86(1) IT Act does not allow making any provision that is inconsistent with the provisions of the IT Act.

FAQs on Section 86 IT Act

What is Section 86 IT Act?▼

Section 86 IT Act is a provision that empowers the Central Government to publish orders in the Official Gazette to remove difficulties in giving effect to the Information Technology Act, 2000. No order can be made under Section 86 IT Act after 2 years from the commencement of the Act, and every order made must be laid before each House of Parliament.

Who can issue an order to remove difficulties under Section 86 IT Act?▼

The Central Government. Under Section 86(1) IT Act, the Central Government exercises this power by publishing an order in the Official Gazette.

What is the time limit for making an order under Section 86 IT Act?▼

2 years from the commencement of the IT Act. The proviso to Section 86(1) IT Act prohibits making any order under Section 86 IT Act after that period of 2 years expires.

Can an order under Section 86 IT Act contain provisions inconsistent with the IT Act?▼

No. Section 86(1) IT Act permits only provisions that are not inconsistent with the provisions of the IT Act.

Must an order made under Section 86 IT Act be placed before Parliament?▼

Yes. Section 86(2) IT Act requires every order made under Section 86 IT Act to be laid before each House of Parliament as soon as may be after the order is made.

Have questions about Section 86 IT Act?

Ask NyayGuru about your situation and get an answer based on the Information Technology Act, 2000.

Ask NyayGuru →

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

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