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relating to the offences that are covered under the IT Act.
Section 79, as has been interpreted,
is an exemption
provision conferring protection to the individuals.
However,
the said protection has been expanded in the dictum of
Shreya Singhal (supra) and we concur with the same.
Section 81 also specifically provides that the provisions of the
Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in
force.
All provisions will have their play and significance, if
the alleged offence pertains to offence of electronic record. It
has to be borne in mind that IT Act is a special enactment. It
has special provisions. Section 292 of the IPC makes offence
sale of obscene books, etc. but once the offence has a nexus or
connection with the electronic record the protection and effect
of Section 79 cannot be ignored and negated.
We are inclined
to think so as it is a special provision for a specific purpose
and the Act has to be given effect to so as to make the
protection effective and true to the legislative intent. This is
the mandate behind Section 81 of the IT Act. The additional
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