Gagan Harsh Sharma v. State of Maharashtra
In the High Court of Bombay
W.P. 4361/2018
Before Justice Ranjit More and Justice B.H. Dangre
Decided on October 01, 2018

Relevancy of the Case: Overriding effect of Section 81 of the Information Technology Act, 2000

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 43, 65, 66)
• The Copyright Act, 1957 (Section 63, 63B)

Relevant Facts of the Case

• The Shahupuri Police Station in Kolhapur registered a case 346/2017 against the petitioner under the abovementioned provisions, among others.

Prominent Arguments by the Advocates

• The public prosecutor requested the court to grant some time to take instructions.

Opinion of the Bench

• Section 81 of the Information Technology Act, 2000 has an overriding effect, per the Supreme Court in Sharat Babu Digumarti v. Government (NCT of Delhi).
• As such, the police could not invoke and apply the provisions of the Indian Penal Code, 1860.

Final Decision

• The court granted interim relief to the petitioner and restrained the police from taking any coercive action against the petitioner.